Summary
The applicant, a 33-year-old defense contractor employee, faced security concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct) due to a history of financial irresponsibility and multiple DUI offenses. The judge found that the applicant's numerous debts and criminal history raised significant doubts about her reliability and trustworthiness, leading to the denial of her security clearance application.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: $2,400 judgment for nonpayment of rent (1.d). $2,000 judgment for nonpayment of rent (1.f). $7,000 judgment for nonpayment related to an accident (1.g). In May 2009, Applicant was charged with driving under the influence (DUI) and speeding. Her breathalyzer reading was .156%. (GX 4.) The record does not reflect the disposition of these charges. Applicant testified that this incident occurred after she found out that her husband was sexually involved with her underage cousin, who was in her legal custody and living with them. She began drinking during an argument with her husband and her cousin, left the house, and continued to drink while driving. She testified that she became lost and was stopped by the police after they noticed that she was repeatedly braking. (Tr. 28, 73-74.) (3.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(c), AG ¶ 16(d), AG ¶ 31(a), AG ¶ 31(c). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 17(d), AG ¶ 32(d). The decision turned on the following: The applicant has numerous unsatisfied debts and a history of financial irresponsibility; The applicant's criminal record includes multiple DUI offenses and driving on a suspended license, indicating poor judgment and reliability issues; The applicant failed to demonstrate sufficient mitigating circumstances to alleviate concerns regarding her financial and criminal conduct.
Why the Applicant Was Denied
- The applicant has numerous unsatisfied debts and a history of financial irresponsibility.
- The applicant's criminal record includes multiple DUI offenses and driving on a suspended license, indicating poor judgment and reliability issues.
- The applicant failed to demonstrate sufficient mitigating circumstances to alleviate concerns regarding her financial and criminal conduct.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant made efforts to resolve one judgment but not others.
- AG ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the BehaviorThe applicant has not sought or received financial counseling.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's criminal behavior is recent and numerous, indicating a lack of rehabilitation.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedSep 12, 2014
- Answer filedNov 17, 2014
- Hearing heldMar 26, 2015Rescheduled due to blizzard and government shutdown.
- Decision dateApr 30, 2015
Cite For
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guidelines E and J
- Insufficient Evidence of Rehabilitation in the Context of Multiple Offenses