Summary
A 43-year-old male applicant with a bachelor's degree and military service history was denied a security clearance due to significant concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct).
The applicant's criminal history included numerous arrests between April 2008 and January 2016 for offenses such as simple battery, criminal trespass, narcotic possession, driving under the influence, and theft of public utilities. He was also arrested for simple battery in December 2015, resulting in probation until September 2017. Additionally, the applicant received Non-Judicial Punishment for fraternizing with enlisted females and conduct unbecoming of an officer, leading to a general discharge from the military for unacceptable conduct.
Financially, the applicant had five delinquent debts totaling $13,491, including a $10,178 state tax lien. He also failed to timely file state and federal income tax returns for 2011 and had two Chapter 13 bankruptcy proceedings in 2010 and 2012 dismissed for failure to make plan payments. Despite some mitigating factors related to financial issues, the extensive criminal history and lack of demonstrated rehabilitation were the primary reasons for the denial.
Why the Applicant Prevailed
- The applicant mitigated some financial concerns by resolving several debts and demonstrating responsible conduct during financial hardships.
- The applicant successfully documented that a state tax lien was erroneously imposed and subsequently withdrawn.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File Annual Federal, State, or Local Income Tax Returns
- AG ¶ 31(a)appliedA Pattern of Minor Offenses
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 16(d)(1)appliedUntrustworthy or Unreliable Behavior
- AG ¶ 16(d)(3)appliedA Pattern of Dishonesty or Rule Violations
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Past-due Debt
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Unlikely to Recur
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedAug 8, 2017
- Answer filedAug 31, 2017
- Hearing held—Decision based on written record without a hearing.
- Decision dateMay 2, 2018
Cite For
- Mitigation of Financial Concerns Under Guideline F
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Personal Conduct Issues Affecting Trustworthiness Under Guideline E