Summary
The applicant, a 31-year-old defense contractor and military veteran, faced security concerns under Guidelines F (financial considerations), G (alcohol consumption), and J (criminal conduct) due to a history of alcohol-related offenses, domestic violence, and significant financial issues. The judge found that the applicant did not mitigate these concerns, leading to a denial of his security clearance.
Under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: $122 tax lien (3.a). $10,250 loan settled for $3,800 (3.b). $3,344 debt (3.c). $1,614 medical debt (3.d). $577 medical debt (3.e). $417 medical debt (3.f). $378 medical debt (3.g). Driving while intoxicated (DWI) in October 2009, with a blood alcohol concentration (BAC) of .243% (1.a). Driving while intoxicated (DWI) - second offense in March 2011, resulting in multiple charges including careless operation and resisting an officer (1.b). Applicant was arrested in October 2009 and charged with driving while intoxicated (DWI). His blood alcohol concentration (BAC) was .243%, or about triple the legal limit. He pleaded guilty. He was sentenced to 32 hours of community service, a fine, and attendance at a safe driving and alcohol awareness class (2.a). Applicant was arrested in March 2011 and charged with DWI – second offense; careless operation; operating vehicle with suspended license; and resisting an officer with force or violence. He pleaded guilty to DWI – second offense; careless operation; and resisting an officer. The suspended license charge was dismissed. He was sentenced to a fine, probation, and outpatient rehabilitation, which included group and individual therapy sessions, attendance at Alcoholics Anonymous (AA) meetings, random urinalysis tests, and a curfew. He completed the rehabilitation program in April 2013 (2.b).
The judge denied the clearance. The government raised disqualifying conditions F.19(a), F.19(c), G.22(a), G.22(c), J.31(a), J.31(c). The judge applied mitigating conditions F.20(c), G.23(b), G.23(d), J.32(d). The decision turned on the following: The applicant had multiple alcohol-related offenses and a domestic violence conviction that raised concerns about his judgment and reliability; The applicant's financial issues were ongoing, with significant delinquent debts and a lack of a systematic plan to address them; The applicant failed to disclose a 2012 arrest for domestic abuse on his SF 86, raising questions about his credibility.
Why the Applicant Was Denied
- The applicant had multiple alcohol-related offenses and a domestic violence conviction that raised concerns about his judgment and reliability.
- The applicant's financial issues were ongoing, with significant delinquent debts and a lack of a systematic plan to address them.
- The applicant failed to disclose a 2012 arrest for domestic abuse on his SF 86, raising questions about his credibility.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- G.22(a)raisedAlcohol-related Incidents Away From Work
- G.22(c)raisedHabitual or Binge Consumption of Alcohol
- J.31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J.31(c)raisedAllegation or Admission of Criminal Conduct
- F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
- G.23(b)appliedThe Individual Acknowledges His or Her Alcoholism or Issues of Alcohol Abuse
- G.23(d)appliedThe Individual Has Successfully Completed Inpatient or Outpatient Counseling or Rehabilitation
- J.32(d)appliedThere Is Evidence of Successful Rehabilitation
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMar 31, 2015
- Answer filedMay 4, 2015
- Hearing heldMay 23, 2016
- Decision dateAug 12, 2016
Cite For
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Impact of Alcohol-related Offenses on Security Clearance Eligibility Under Guidelines G and J
- Importance of Full Disclosure in Security Clearance Applications