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Summary

The applicant, a 46-year-old defense contractor, sought a security clearance amid allegations of financial issues, criminal conduct, alcohol consumption, and personal conduct. He admitted most allegations but demonstrated significant efforts to address his financial obligations and maintained sobriety for over five years. The judge found that the applicant's actions did not raise substantial doubt about his reliability or trustworthiness, resulting in a granted security clearance.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant did not admit this arrest and conviction on his September 2015 e-QIP (4.a). Applicant discussed his interview answers as follows in his Answer (4.b). Applicant admitted that he owed the Federal Government through the Internal Revenue Service (IRS) $20,405 for unpaid taxes (1.a). Applicant admitted that he had a mortgage foreclosed on in 2014 in the amount of $136,500 (1.b). Applicant admitted that he had a second mortgage charged off in approximately 2014 in the amount of $34,743 (1.c). Applicant admitted owing a charged-off credit card debt in the amount of $9,652 (1.d). Applicant admitted that he owed a charged-off commercial debt in the amount of $1,032 (1.e). Applicant denied owing a charged-off credit card debt in the amount of $471 (1.f). Applicant admitted that he owed a charged-off wireless telephone debt in the amount of $207 (1.g). Applicant denied that he had a foreclosure in about July 2016 (1.h). Applicant has consistently stated that he has not drunk alcohol since his last arrest in July 2016, a period of more than five years (3.a). Applicant was arrested in March 2014 and charged with seven offenses related to his driving under the influence of alcohol (2.a). Applicant was arrested in July 2016 and charged with four offenses related to his driving under the influence of alcohol (2.b).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 31(b), AG ¶ 22(a), AG ¶ 16(a). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 20(g), AG ¶ 32(a), AG ¶ 32(d), AG ¶ 23(a), AG ¶ 23(b), AG ¶ 17(a). The decision turned on the following: The applicant made significant efforts to address his financial obligations, including a payment plan with the IRS; He has abstained from alcohol for over five years and completed required treatment programs; The applicant's financial issues were largely linked to his divorce, and he has shown a steady increase in income.

Why the Applicant Prevailed

• The applicant made significant efforts to address his financial obligations, including a payment plan with the IRS.
• He has abstained from alcohol for over five years and completed required treatment programs.
• The applicant's financial issues were largely linked to his divorce, and he has shown a steady increase in income.

Conditions Referenced

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

• SOR issuedJun 12, 2020
• Answer filedJan 2, 2021Applicant requested decision on written record.
• Hearing held—Decision based on written record.
• Decision dateJan 14, 2022

Cite For

• Mitigating Conditions for Financial Difficulties Under Guideline F
• Successful Rehabilitation From Alcohol-related Offenses Under Guideline G
• Consideration of Juvenile Offenses in Personal Conduct Under Guideline E