Summary
A 41-year-old senior field engineer and Marine Corps veteran was denied a security clearance, primarily due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct).
The applicant admitted to multiple alcohol-related incidents and criminal charges, including DUIs, which raised questions about his judgment. Additionally, he failed to timely file federal and state income tax returns for several years, indicating a lack of compliance with legal obligations. Ongoing legal issues, specifically unresolved warrants for violations of a protective order, further undermined his trustworthiness.
While the applicant demonstrated positive community involvement and some mitigating factors related to alcohol consumption were considered, the persistent unresolved criminal conduct and financial issues ultimately led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related incidents and criminal charges, including DUIs, which raised concerns about his judgment and reliability.
- The applicant failed to timely file federal and state income tax returns for several years, indicating a lack of compliance with legal obligations.
- Ongoing legal issues, including unresolved warrants for violations of a protective order, further undermined the applicant's trustworthiness.
Conditions Referenced
- AG ¶ 19(f)appliedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required.
- AG ¶ 31(a)appliedA Pattern of Minor Offenses, Any One of Which on Its Own Would Be Unlikely to Affect a National Security Eligibility Decision, but Which in Combination Cast Doubt on the Individual's Judgment, Reliability, or Trustworthiness.
- AG ¶ 31(b)appliedEvidence (including, but Not Limited To, a Credible Allegation, an Admission, and Matters of Official Record) of Criminal Conduct, Regardless of Whether the Individual Was Formally Charged, Prosecuted, or Convicted.
- AG ¶ 31(d)appliedViolation or Revocation of Parole or Probation, or Failure to Complete a Court-mandated Rehabilitation Program.
- AG ¶ 23(a)appliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment.
- AG ¶ 23(b)appliedThe Individual Acknowledges His or Her Alcoholism or Issues of Alcohol Abuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of Abstinence (if Alcohol Dependent) or Responsible Use (if an Alcohol Abuser).
Key Rule Quoted
“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
Procedural Posture
- SOR issuedNov 20, 2021
- Answer filedDec 15, 2021
- Hearing heldJul 7, 2022
- Decision dateNov 10, 2022
Cite For
- Denial of Security Clearance Due to Unresolved Criminal Conduct Under Guideline J
- Denial of Security Clearance Due to Financial Considerations Under Guideline F
- Mitigating Factors Related to Alcohol Consumption Under Guideline G Not Sufficient to Outweigh Disqualifying Factors