Summary
The applicant, a 59-year-old Facility Maintenance Technician, faced allegations under Guidelines E, F, H, and J, primarily concerning financial delinquencies and personal conduct. Despite admitting to several financial issues, the applicant's claims of rehabilitation were deemed insufficient, leading to a denial of his security clearance application, although concerns regarding drug involvement were mitigated due to his claimed sobriety since 2017.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant has a history of criminal conduct involving a number of arrests, charges, and convictions (2.a). Applicant failed to timely file his Federal and State income tax returns for tax years 2019, 2020, and 2021 (1.a). A delinquent debt is owed to the IRS for delinquent back taxes in the approximate amount of $2,882.55 (1.b). A delinquent debt is owed to a creditor for a medical account (#924232902) and was placed for collection in the approximate amount of $6,270 (1.c). A delinquent debt is owed to a creditor for a medical account (#924232901) and was placed for collection in the approximate amount of $1,655 (1.d). A delinquent debt owed to a creditor for a medical account was placed for collection in the approximate amount of $522 (1.e). A delinquent debt owed to a creditor was charged off in the approximate amount of $433 (1.f). A delinquent debt owed to a creditor was placed for collection in the approximate amount of $276 (1.g). A delinquent debt owed to a creditor for an account was placed for collection in the approximate amount of $300 (1.h). Applicant used cocaine with varying frequency from the young age of 16 or 17 until August 2017 (4.a). On May 30, 2009, Applicant was arrested and charged with Driving Under the Influence (DUI) (3.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 20, AG ¶ 15, AG ¶ 31. The judge applied mitigating conditions AG ¶ 24. The decision turned on the following: The applicant admitted to multiple financial delinquencies totaling approximately $11,000; The judge found insufficient evidence of rehabilitation regarding the applicant's financial issues; The applicant's ongoing financial difficulties were a significant concern.
Why the Applicant Was Denied
- The applicant admitted to multiple financial delinquencies totaling approximately $11,000.
- The judge found insufficient evidence of rehabilitation regarding the applicant's financial issues.
- The applicant's ongoing financial difficulties were a significant concern.
Conditions Referenced
- AG ¶ 20raisedFinancial Considerations
- AG ¶ 15raisedPersonal Conduct
- AG ¶ 31raisedCriminal Conduct
- AG ¶ 24appliedDrug InvolvementThe applicant claimed sobriety since 2017, which mitigated concerns regarding drug involvement.
Procedural Posture
- SOR issuedOct 10, 2023
- Answer filedJan 8, 2024
- Hearing heldMar 7, 2024
- Decision dateJul 22, 2024
Cite For
- Insufficient Evidence of Rehabilitation Under Guideline F
- Financial Delinquencies as a Basis for Denial Under Guideline F
- Mitigation of Drug Involvement Concerns Under Guideline H