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Summary

The applicant, a 57-year-old welder, was denied security clearance due to significant concerns under Guidelines J (criminal conduct), F (financial considerations), and E (personal conduct). His lengthy criminal history includes multiple arrests for drug and alcohol offenses, and he has unresolved debts totaling approximately $23,000 in delinquent taxes. The applicant failed to provide sufficient mitigating evidence to address these issues, leading to the unfavorable decision.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: the information alleged under criminal and personal conduct was cross-alleged under this concern (3.a). used illegal drugs with varying frequency between 1988 until at least July 2015 (3.b). consumed alcohol at times to the point of intoxication with varying frequency from 1991 until at least April 2014 (3.c). more than one of the arrests alleged under criminal conduct involved excessive consumption of alcohol and/or use of illegal drugs (3.d). fired in June 2011 for failure to follow safety rules (3.e). fired in April 2014 for abusing sick leave for which some of the abuse was related to excessive drinking (3.f). fired or quit in lieu of being fired in July 2015 for testing positive on a drug test (3.g). owes the Federal Government approximately $23,000 for delinquent taxes for tax years 2011, 2012, and 2014 (2.a). has an unpaid $3,434 hospital medical collection account (2.b). has an unpaid $555 medical collection account (2.c). has an unpaid $542 medical collection account (2.d). has an unpaid $535 medical collection account (2.e). arrested and charged with possession of narcotics in 1986 (1.a). arrested and charged with carrying a firearm without a license in July 1993 (1.b). arrested and charged with carrying a firearm without a license in February 1994 (1.c). arrested and charged with felony robbery, felony burglary, theft by unlawful taking, unlawful restraint, robbery, recklessly endangering, felony criminal conspiracy, and possessing an instrument of a crime in June 1994 (1.d). arrested and charged with two felony counts of violating the state’s Controlled Substance, Drug, Device, and Cosmetic Act in November 1994 (1.e). arrested and charged with two counts of possession of cocaine, four counts of felony possession with intent to manufacture or distribute, and felony criminal conspiracy in May 1995 (1.f). arrested and charged with cruelty to a child and under the influence of a controlled substance in September 1996 (1.g). arrested and charged with two counts of felony criminal mischief and two counts of felony criminal trespass in January 1997 (1.h). arrested and charged with three felony counts of violating the state’s Controlled Substance, Drug, Device, and Cosmetic Act in March 2001 (1.i). arrested and charged with two counts of manufacture or distribute possession with intent to manufacture or distribute, and possession of a controlled substance in April 2003 (1.j). arrested and charged with two felony counts of violating the state’s Controlled Substance, Drug, Device, and Cosmetic Act in May 2003 (1.k). arrested and charged with three felony counts of violating the state’s Controlled Substance, Drug, Device, and Cosmetic Act, resisting arrest, and disorderly conduct in September 2003 (1.l). arrested and charged with three counts of robbery in July 2004 (1.m). arrested and charged with carrying a firearm without a license, receiving stolen property, disorderly and hazardous conduct, and carrying a loaded weapon in February 2011 (1.n). arrested and charged with two felony counts of violating the state’s Controlled Substance, Drug, Device, and Cosmetic Act, disorderly conduct, scattering rubbish, carrying a firearm without a license, receiving stolen property, disorderly and hazardous conduct, and carrying a loaded weapon in February 2012 (1.o). arrested and charged with carrying a firearm without a license, possess-use-transfer of a firearm, resisting arrest, escape, possessing prohibited and offensive weapons, and carrying a loaded weapon in January 2013 (1.p). arrested and charged with tampering or fabricating evidence, violating the state’s Controlled Substance, Drug, Device, and Cosmetic Act, and driving under the influence of alcohol or a controlled substance in April 2014 (1.q). currently on probation until September 2021 (1.r).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 31(a), AG ¶ 31(b), AG ¶ 31(c), AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 19(f), AG ¶ 16(c), AG ¶ 16(d), AG ¶ 16(f). The decision turned on the following: The applicant has a lengthy criminal history spanning over thirty years, including multiple arrests for drug-related offenses and alcohol-related offenses; He is currently on probation, which reflects ongoing concerns regarding his behavior; The applicant has unresolved debts, including approximately $23,000 owed in back taxes, and did not provide evidence of efforts to resolve these debts.

Why the Applicant Was Denied

• The applicant has a lengthy criminal history spanning over thirty years, including multiple arrests for drug-related offenses and alcohol-related offenses.
• He is currently on probation, which reflects ongoing concerns regarding his behavior.
• The applicant has unresolved debts, including approximately $23,000 owed in back taxes, and did not provide evidence of efforts to resolve these debts.

Conditions Referenced

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”

Procedural Posture

• SOR issuedApr 24, 2018
• Answer filedMay 5, 2018Applicant elected to have his case decided on the written record.
• Hearing held—Decision made based on written record.
• Decision dateJun 5, 2019

Cite For

• Denial of Clearance Due to Extensive Criminal History Under Guideline J
• Failure to Mitigate Financial Issues Under Guideline F
• Lack of Mitigating Evidence for Personal Conduct Issues Under Guideline E