Summary
A 32-year-old divorced male with a bachelor's degree in accounting was granted a security clearance despite concerns under Guidelines F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant's history included multiple alcohol-related incidents between 2007 and 2013, some while on active duty with the U.S. Air Force. These incidents included arrests for drunk driving in January 2007, improper lane usage and drunken driving, physical control of a vehicle while intoxicated in 2013, and another DUI arrest in 2013 while attending an alcohol treatment program. He also faced a physical altercation in 2009 where alcohol was a factor.
Financially, the applicant accumulated approximately $151,000 in delinquent debt from 2008 to 2016, leading him to file for Chapter 7 bankruptcy in May 2016.
The judge granted the clearance, citing the applicant's demonstrated rehabilitation and commitment to responsible behavior. Key factors included no alcohol-related incidents since 2013, steps taken to address financial issues such as filing for bankruptcy and establishing a student loan repayment plan, and a commitment to not driving after consuming alcohol while maintaining stable employment.
Why the applicant prevailed
- The applicant has not had any alcohol-related incidents since 2013, demonstrating a significant period of abstinence from problematic behavior.
- He has taken steps to address his financial issues, including filing for bankruptcy and establishing a repayment plan for his student loans.
- The applicant has shown a commitment to responsible behavior by not driving after consuming alcohol and maintaining a stable job.
Conditions referenced
- G 22(a)raisedAlcohol-related Incidents Away From Work
- G 22(c)raisedHabitual or Binge Consumption of Alcohol
- J 30(a)raisedPattern of Minor Offenses
- J 30(b)raisedEvidence of Criminal Conduct
- F 19(a)raisedInability to Satisfy Debts
- F 19(b)raisedUnwillingness to Satisfy Debts
- F 19(c)raisedHistory of Not Meeting Financial Obligations
- G 23(a)appliedTime Has Passed Since the Behavior
- G 23(b)appliedAcknowledgment of Alcohol Use Problem and Actions Taken
- J 32(a)appliedTime Elapsed Since Criminal Behavior
- J 32(b)appliedPressures That Led to Criminal Acts Are No Longer Present
- J 32(d)appliedEvidence of Successful Rehabilitation
- F 20(b)appliedConditions Beyond the Person's Control
- F 20(c)appliedReceiving Counseling and Indications of Resolution
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 10, 2016
- Answer filedDec 6, 2016
- Hearing heldMar 16, 2017
- Decision dateJun 26, 2017
Cite for
- Demonstrating Rehabilitation After Alcohol-related Incidents
- Mitigating Financial Difficulties Through Bankruptcy
- Consideration of the Whole-person Concept in Security Clearance Decisions