Summary
A 38-year-old mechanical designer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and H (Drug Involvement). The applicant had a history of financial issues, including a condominium foreclosure in 2013 after his fiancée stopped payments in 2009, and a failure to file state income tax returns from 2011 to 2015. He is currently making voluntary monthly payments of $200 on a $28,911 federal tax lien and $110 on a $7,245 state tax lien. Additionally, 25% of his wages are garnished monthly to satisfy a $16,782 judgment lien.
Regarding alcohol, the applicant had a DUI arrest in November 2009 and received treatment in 2010 and 2013, where he was diagnosed with alcohol dependence. He continues to drink socially, though he states not to excess. His drug involvement included marijuana use from June 1997 to December 2012, including while holding a security clearance, and three arrests for possession. He was diagnosed with cannabis dependence and attended AA and NA courses. However, he did not provide evidence of disassociating from drug-using associates or a signed statement of intent to abstain from drug involvement.
The judge found that the applicant failed to mitigate concerns related to his financial irresponsibility, ongoing alcohol consumption, and past drug use. Despite some evidence of treatment and attempts at repayment, the applicant did not provide sufficient evidence to address his delinquent debts, failure to file taxes, ongoing alcohol consumption, and past drug use while holding a security clearance. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant did not provide sufficient evidence to mitigate financial concerns, including failure to file taxes and address delinquent debts.
- The applicant's ongoing alcohol consumption and history of substance misuse raised significant reliability concerns.
- The applicant's admissions of past drug use while holding a security clearance were not adequately addressed.
Conditions Referenced
- F.19(a)raisedInability to Satisfy Debts
- F.19(b)raisedUnwillingness to Satisfy Debts
- F.19(c)raisedHistory of Not Meeting Financial Obligations
- F.19(f)raisedFailure to File or Fraudulently Filing Income Tax Returns
- G.22(a)raisedAlcohol-related Incidents
- G.22(d)raisedDiagnosis of Alcohol Use Disorder
- H.25(a)raisedSubstance Misuse
- H.25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- F.20(d)appliedGood-faith Effort to Repay Overdue Creditors
- G.23(a)rejectedTime Passed Since Last Alcohol-related IncidentThe applicant continues to consume alcohol, which undermines the argument for mitigation.
- H.26(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome ItThe applicant did not provide evidence of disassociating from drug-using associates or a signed statement of intent to abstain.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 19, 2017
- Answer filedFeb 17, 2017
- Hearing held—Case decided on written record.
- Decision dateOct 30, 2017
Cite For
- Denial of Security Clearance Due to Unresolved Financial Obligations Under Guideline F
- Ongoing Alcohol Consumption and Its Impact on Reliability Under Guideline G
- Pattern of Drug Use While Holding a Security Clearance Under Guideline H