Summary
The applicant, a 43-year-old male with a history of alcohol abuse and criminal conduct, faced security clearance denial under Guidelines F, G, and J due to unresolved financial issues, multiple DWI arrests, and ongoing probation. The judge found that the applicant did not provide sufficient evidence to mitigate the security concerns related to his alcohol consumption and criminal behavior, nor did he demonstrate responsible financial management.
Under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The SOR alleges that Applicant’s home had a mortgage that was $23,536 past due, with a total loan balance of $270,165 (1.a). SOR ¶ 1.b ($5,906) is a charged-off account relating to a vehicle (1.b). The remaining delinquencies in the SOR are small medical debts (SOR ¶ 1.c, for $456) (1.c). SOR ¶ 1.d, for $46 (1.d). SOR ¶ 1.e, for $46 (1.e). Applicant filed Chapter 13 bankruptcy in August 2013 (1.f). In September 1992, when he was 18, he was charged with underage consumption of alcohol (1.a). In January 1993, Applicant was charged again with underage consumption of alcohol, with having an open container of alcohol, and with disorderly conduct (1.b). During that treatment program, Applicant was diagnosed as suffering from alcohol abuse (1.c). He completed it in May 1997, 'with no signs of returning to abuse alcohol.' (1.d). Applicant incurred two arrests for Driving While Intoxicated (DWI) between 2014 and 2016 (1.e). In April 2016, Applicant was charged with DWI (2nd offense in five years) and with refusing a breathalyzer test (1.f). The applicant incurred two arrests for Driving While Intoxicated (DWI) between 2014 and 2016 (3.a).
The judge denied the clearance. The government raised disqualifying conditions G22(a), G22(c), J31(b), J31(c), F19(a), F19(c). The judge applied mitigating conditions G23(b), J32(a), F20(b). The decision turned on the following: The applicant has two recent DWI arrests, indicating ongoing alcohol issues; He remains on probation until June 2020 for his second DWI offense; The applicant did not provide corroborating documentation to support claims of financial responsibility.
Why the Applicant Was Denied
- The applicant has two recent DWI arrests, indicating ongoing alcohol issues.
- He remains on probation until June 2020 for his second DWI offense.
- The applicant did not provide corroborating documentation to support claims of financial responsibility.
Conditions Referenced
- G22(a)raisedAlcohol-related Incidents Away From Work
- G22(c)raisedHabitual or Binge Consumption of Alcohol
- J31(b)raisedEvidence of Criminal Conduct
- J31(c)raisedCurrently on Parole or Probation
- F19(a)raisedInability to Satisfy Debts
- F19(c)raisedHistory of Not Meeting Financial Obligations
- G23(b)rejectedAcknowledges Pattern of Maladaptive Alcohol UseThe applicant did not demonstrate a clear and established pattern of modified consumption or abstinence.
- J32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal issues are recent and ongoing.
- F20(b)rejectedConditions Largely Beyond the Person's ControlThe applicant did not provide sufficient evidence that he acted responsibly to resolve his debts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 13, 2017
- Answer filedJul 12, 2017Requested decision based on written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateMay 7, 2018
Cite For
- Denial of Security Clearance Due to Unresolved Alcohol Issues Under Guideline G
- Denial Based on Recent Criminal Conduct Under Guideline J
- Failure to Mitigate Financial Concerns Under Guideline F