Loading case…

Summary

The applicant, a 37-year-old married father of four, sought a security clearance but faced allegations under Guideline F for financial considerations and Guideline J for criminal conduct. He admitted to significant debts exceeding $31,000 and a history of multiple arrests, including DUIs and domestic violence. The administrative judge found insufficient evidence of financial stability or rehabilitation, leading to a denial of the security clearance based on unfavorable findings in both guidelines.

Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: A delinquent debt is owed to LVNV FUNDIND LLC for an account placed for collection by CREDIT ONE BANK N.A. in the approximate amount of $1,137 (1.a). A delinquent debt is owed to CAPITAL ONE for an account that was charged off in the approximate amount of $481 (1.b). A delinquent debt is owed to JEFFERSON CAPITAL SYST for an account placed for collection by KAY WEBSITE in the approximate amount of $426 (1.c). A delinquent debt is owed to COUNTY OF LOS ANGELES in the approximate amount of $27,147 for child support arrears (1.d). A delinquent debt is owed to DESIGNED RECEIVABLE SO for a medical account placed for collection in the approximate amount of $1,094 (1.e). A delinquent debt is owed to MACY'S CBNA for an account that has been charged off in the approximate amount of $344 (1.f). A delinquent debt is owed to THD/CBNA for an account that is past due with a balance owed of approximately $505 (1.g). Applicant has a history of criminal conduct involving a number of arrests, charges, and convictions (2.a.2.a). Applicant was first arrested in August 2007 for Driving Under the Influence (DUI) (2.b.2.b). In June 2008, he was arrested for Driving with a Suspended License, Failure to Prove Financial Responsibility, and Possession of Marijuana While Driving (2.c.2.c). In December 2016, he was arrested a second time for DUI (2.d.2.d). In November 2017, he was arrested for Domestic Violence (2.e.2.e). In November 2019, Applicant was arrested for Driving Without the Interlock Device and Driving on a Suspended License (2.f.2.f). In August 2022, Applicant was sentenced to 180 days in jail for failing to complete the sentencing requirements associated with his 2016 arrest for DUI (2.g.2.g). Applicant stated that his driver’s license is currently suspended (2.h.2.h).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 31(a), AG ¶ 31(b), AG ¶ 31(d). The decision turned on the following: The applicant admitted to significant debts totaling over $31,000, which he has not resolved; The applicant has a history of multiple arrests, including DUIs and domestic violence, indicating poor judgment and reliability; The applicant failed to provide sufficient evidence of financial stability or rehabilitation efforts.

Why the Applicant Was Denied

• The applicant admitted to significant debts totaling over $31,000, which he has not resolved.
• The applicant has a history of multiple arrests, including DUIs and domestic violence, indicating poor judgment and reliability.
• The applicant failed to provide sufficient evidence of financial stability or rehabilitation efforts.

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 issuedFeb 26, 2024
• Answer filedMar 27, 2024
• Hearing heldAug 8, 2024
• Decision dateSep 30, 2024

Cite For

• Insufficient Evidence of Financial Stability Under Guideline F
• Ongoing Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J
• Failure to Mitigate Financial and Criminal Concerns in Security Clearance Cases