Summary
A 34-year-old lead flight mechanic and former Army National Guardsman had his security clearance granted despite initial concerns under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption). The applicant faced allegations related to seven outstanding debts, including charged-off accounts totaling $6,704 and $4,853 from automobile loans, a $1,105 collection account from a college, a $450 charged-off credit card account, and collection accounts for a cable TV bill ($439), an apartment lease ($4,480), and a telephone account ($615).
Additionally, the applicant had a history of five alcohol-related incidents. These included arrests and charges for driving while intoxicated (DWI) in October 2010 and September 2011, and public intoxication in November 2010, all while residing in State T. After relocating to State A, he was arrested and charged with public intoxication in March 2012, with the most recent incident being an arrest and charge for DUI in January 2018.
Despite these issues, the judge granted the clearance. The applicant demonstrated a good-faith effort to resolve his financial obligations and significantly reduced his alcohol consumption. He also completed a diversion program for the DUI charge. The judge concluded that the applicant's past issues were unlikely to recur, given his improved circumstances and efforts toward rehabilitation.
Why the Applicant Prevailed
- The applicant showed a good-faith effort to resolve debts and improve his financial situation.
- He demonstrated significant reduction in alcohol consumption and completed a diversion program for a DUI charge.
- The judge found that the applicant's past issues were unlikely to recur, considering his improved circumstances.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute the Legitimacy of the Past-due Debt
- AG ¶ 23(a)appliedTime Has Passed or Behavior Was Infrequent
Key Rule Quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural Posture
- SOR issuedMay 9, 2019
- Answer filedJun 5, 2019
- Hearing heldSep 25, 2019
- Decision dateAug 26, 2020
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Circumstances Beyond Control
- Mitigation of Alcohol-related Incidents Under Guideline G Due to Significant Behavioral Changes
- Consideration of Military Service and Personal Growth in Security Clearance Decisions