Summary
The applicant, a 52-year-old armed security officer with a history of military service, faced security concerns under Guidelines F (Financial Considerations) and J (Criminal Conduct). While he successfully mitigated the concerns related to his criminal conduct, he failed to address the numerous delinquent debts totaling approximately $52,000, leading to a denial of his security clearance application.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: child-support arrearage of $17,893 (1.a). car loan charged off for $12,858 in December 2013 (1.b). unpaid rent referred for collection of $5,201 (1.c). online university tuition debt referred for collection of $2,200 in August 2014 (1.d). medical bills referred for collection of $1,099 (1.e). medical bills referred for collection of $305 (1.f). utility bill referred for collection of $231 in January 2015 (1.g). state tax lien for $1,509 (1.h). state tax lien for $3,675 (1.i). state tax lien for $554 (1.j). judgment for $2,428 (1.k). judgment for $3,000 (1.l). judgment for $3,000 (1.m). cellphone debt referred for collection of $983 (1.n). medical bills referred for collection of $154 (1.o). medical bills referred for collection of $152 (1.p). medical bills referred for collection of $145 (1.q). medical bills referred for collection of $117 (1.r). Applicant was arrested for driving while intoxicated (DWI) after he ran into a stopped vehicle that already had been in an accident. In January 2016, he pleaded guilty and was sentenced to 30 days in jail, suspended. A charge of refusing to take blood test or breathalyzer was dismissed. His driver’s license was restricted for one year, and he was placed on unsupervised probation for two years. He was required to complete an Alcohol Safety Action Program (ASAP). He testified that he stopped drinking on the day he was arrested for DWI. He completed 12 weeks of substance-abuse treatment in September 2016. His probation will end in January 2018 (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 20(e), AG ¶ 32(a), AG ¶ 32(d). The decision turned on the following: The applicant has numerous delinquent debts totaling about $52,000, which he has not resolved or made significant efforts to address.
Why the Applicant Prevailed
- The applicant mitigated concerns related to his criminal conduct, demonstrating compliance with probation and completion of substance-abuse treatment.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute the Legitimacy of the Past-due Debt
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMay 12, 2017
- Answer filedJun 9, 2017
- Hearing heldSep 12, 2017
- Decision dateNov 20, 2017
Cite For
- Mitigation of Criminal Conduct Under Guideline J
- Failure to Resolve Delinquent Debts Under Guideline F
- Consideration of Financial Counseling Services in Security Clearance Determinations