Summary
The applicant, a 36-year-old employee of a defense contractor, faced allegations under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant failed to mitigate concerns related to multiple drug-related arrests, probation violations, and approximately $22,000 in outstanding debts, while successfully mitigating personal conduct allegations regarding the omission of details on his security clearance application. Ultimately, the applicant's request for a security clearance was denied.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: credit card checking account delinquent debt of $303 was paid down from over $500 but no payments since then (2.a). telephone bill of $439 with three payments made on regular schedule (2.b). cable debt of $171. Paid in full (2.c). Telephone bill from former residence of $536. No contact with creditor (2.d). Satellite dish debt of $145. May have been paid but no proof offered (2.e). Debt of $1,097. No contact with creditor (2.f). Telephone bill of $728. Creditor contacted but refused partial payment (2.g). Telephone bill of $138. Two payments made and paid in full (2.h). Two auto repossessions for $5,900 and $3,790 charged off in 2003. No contact with creditor’s offices although Applicant intends to challenge one of them (2.i). Two auto repossessions for $5,900 and $3,790 charged off in 2003. No contact with creditor’s offices although Applicant intends to challenge one of them (2.j). 2003 tax debt to IRS of $2,253 monthly payments of $75 for over two years and now the debt is discharged (2.k). 2004 tax debt to IRS of $1,957. Payments will start to be made on same basis as the 2003 debt (2.l). 2005 tax debt to IRS of $7,927. No payments now being made (2.m). The applicant was arrested and convicted for possession of cocaine in 1994 and given deferred probation for ten years and fined $4,000. Charges were later made for missing probation reporting in 1999 and 2004 resulting in three separate charges arising from the first arrest (1.a). The applicant was arrested and charged in 2003 for possession of marijuana and unlawfully carrying a weapon arising from a speeding arrest. The marijuana was in his car in the possession of his wife who had used marijuana over several years. The gun was in the possession of a friend of his wife who was in the car with him unbeknownst to Applicant. He was convicted only for the marijuana possession (1.b). Charges were later made for missing probation reporting in 1999 and 2004 resulting in three separate charges arising from the first arrest (1.c). The applicant has been on probation as a result of his conviction and a motion to revoke probation was issued in 2005 and an active warrant was issued for his arrest (1.d). The applicant denied his two drug arrests at Question 23 (d) calling for such information on his SF86 submitted on September 27, 2005. He also omitted details of two arrests alleged in SOR 1. a. and c. for the probation violations arising from the 1994 offense at Question 23 (f) although he answered affirmatively that there had been arrests other than those described in Question 23 (a- e) (1.e). The applicant omitted information about the probation arrests in his interview with a Department of Defense investigator on May 15, 2006, although he did discuss both the 1994 and 2003 drug arrests in that interview (1.f).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 31 a, AG ¶ 31 d, AG ¶ 31 e, AG ¶ 19 a, AG ¶ 19 c. The judge applied mitigating conditions AG ¶ 32 a, AG ¶ 20 d, AG ¶ 32 d. The decision turned on the following: The applicant had multiple drug-related arrests and probation violations, including an outstanding warrant for his arrest; The applicant failed to resolve approximately $22,000 in delinquent debts, raising concerns about financial responsibility; The applicant's criminal conduct raised doubts about his judgment, reliability, and trustworthiness.
Why the Applicant Was Denied
- The applicant had multiple drug-related arrests and probation violations, including an outstanding warrant for his arrest.
- The applicant failed to resolve approximately $22,000 in delinquent debts, raising concerns about financial responsibility.
- The applicant's criminal conduct raised doubts about his judgment, reliability, and trustworthiness.
Conditions Referenced
- AG ¶ 31 araisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31 draisedCriminal Conduct - Currently on Probation
- AG ¶ 31 eraisedCriminal Conduct - Violation of Parole or Probation
- AG ¶ 19 araisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- AG ¶ 19 craisedFinancial Considerations - History of Not Meeting Financial Obligations
- AG ¶ 32 arejectedCriminal Conduct - the Crime Was Not Recent and Is Unlikely to Recur
- AG ¶ 20 dappliedFinancial Considerations - Good Faith Effort to Repay Overdue Creditors
- AG ¶ 32 drejectedCriminal Conduct - Evidence of Successful Rehabilitation
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance."”
Procedural Posture
- SOR issuedNov 29, 2006
- Answer filedJan 16, 2007
- Hearing heldApr 24, 2007Postponed at applicant's request.
- Decision dateJun 29, 2007
Cite For
- Failure to Mitigate Criminal Conduct Under Guideline J Due to Multiple Arrests and Probation Violations
- Failure to Mitigate Financial Concerns Under Guideline F Due to Significant Outstanding Debts
- Successful Mitigation of Personal Conduct Allegations Under Guideline E Regarding Omission of Criminal History Details.