Summary
A 55-year-old configuration analyst was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of financial issues, including failing to file state and federal tax returns for tax years 2010 through 2016, resulting in an approximate $40,000 debt to the IRS. He also had five delinquent debts totaling $2,511, an unpaid court fine, and had written a series of bad checks. Additionally, he misused a corporate credit card, filed for Chapter 7 bankruptcy in 2004, and missed numerous mortgage payments leading to foreclosure.
The applicant's criminal conduct included a September 2014 felony arrest for domestic assault and battery and strangulation, followed by an October 2014 arrest for violating pre-trial probation, which included an order to refrain from alcohol. He also had a history of alcohol-related incidents and court-ordered counseling.
Furthermore, the applicant demonstrated personal conduct concerns by failing to disclose his October 2014 arrest, court-mandated alcohol counseling, and tax issues on his May 2015 security clearance application. The judge found that the applicant failed to mitigate these concerns, specifically by not providing documentation of debt resolution, evidence of rehabilitation, or responsible financial management, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to file state and federal tax returns for multiple years, owing approximately $40,000 to the IRS.
- He has a history of delinquent debts and filed for Chapter 7 bankruptcy in 2004.
- The applicant was arrested for domestic violence and violated probation terms, failing to complete required counseling and training.
- He did not provide evidence of rehabilitation or responsible financial management.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(d)raisedDeceptive or Illegal Financial Practices
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Income Tax Returns
- AG ¶ 30raisedCriminal Activity Creates Doubt About a Person's Judgment
- AG ¶ 21raisedExcessive Alcohol Consumption Raises Questions About Reliability
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago or Under Circumstances Unlikely to RecurThe applicant's financial issues are ongoing and unresolved.
- AG ¶ 20(b)rejectedConditions Resulting in Financial Problems Were Largely Beyond the Person's ControlThe applicant did not demonstrate responsible actions to address his financial issues.
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal Behavior Unlikely to RecurThe applicant did not provide evidence of rehabilitation or compliance with probation.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant failed to complete court-ordered programs and did not provide documentation of rehabilitation.
- AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Actions Taken to Overcome ThemThe applicant did not provide evidence of successful completion of alcohol counseling.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedOct 11, 2017
- Answer filedOct 30, 2017Requested decision on the record without a hearing.
- Hearing held—No hearing held.
- Decision dateApr 30, 2018
Cite For
- Failure to Mitigate Financial Obligations Under Guideline F
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Alcohol-related Incidents in Security Clearance Decisions Under Guideline G