Loading case…

Summary

The applicant, a 50-year-old Video Teleconferencing Technician, faced security clearance concerns under Guidelines F, G, and J due to financial issues, alcohol abuse, and criminal conduct stemming from personal stress related to his mother's illness and death. He demonstrated significant rehabilitation efforts, including resolving tax debts and enrolling in alcohol rehabilitation, leading to the granting 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: The Applicant failed to file and/or pay his state and federal annual taxes for tax years 1995, 1996 and 1997 (1.a). In November 1998, the State of California filed a lien against the Applicant for unpaid state income taxes in the amount of approximately $19,590.00 (1.b). On July 26, 1999, a state tax lien was filed against the Applicant for unpaid state income taxes for tax years 1995 and 1997, totaling $27,314.14 in taxes, penalties, interest and collection costs (1.c). The Applicant failed to file state income tax returns for tax years 1995, 1996, and 1997 (1.d). The Applicant has not yet filed his returns for 1997 (1.e). The Applicant has a credit of $16,000.00 which will be applied to tax year 1995 (2.a). The Applicant owes nothing to the IRS for tax year 1997 (2.b). The Applicant has filed all of his returns except his returns for 1997 that are expected to be filed on or before August 23, 2007 (2.c). The Applicant has tendered a 20% payment of $3,200.00 to the IRS for a debt owed for federal back taxes owed for tax year 1995 (2.d). The Applicant has no other delinquent debts, no history of collection accounts or overdue bills (3.a). Despite the fact that the Applicant allowed his taxes to become delinquent, he has always paid his other debtors on time (3.b). From 1993 through at least 1999, the Applicant numbed the pain of his mother’s illness and deteriorating condition by consuming alcohol to excess. As a result, he was arrested on three separate occasions for Driving Under the Influence of Alcohol (2.a). On June 26, 1993, the Applicant was arrested and charged with Driving Under the Influence of Alcohol. On July 30, 1993, he was found guilty and was sentenced to pay a fine, to have his driver’s license revoked, and ordered to attend an alcohol rehabilitation program for 30 days. The Applicant failed to complete the alcohol rehabilitation program (2.b). In the summer of 1995, the Applicant was arrested by the officials patrolling the Colorado River and charged with operating a jet ski while under the influence of alcohol. He was found guilty and sentenced to pay a fine (2.c). On January 15, 1999, the Applicant was arrested and charged with Driving Under the Influence of Alcohol. On April 15, 1999, he was found guilty and was sentenced to 48 hours incarceration, to pay a fine, issued a restricted driver’s license, and ordered to complete an 18 month alcohol rehabilitation program and attend Alcoholics Anonymous meetings. The Applicant again failed to complete his alcohol rehabilitation and attend the required number of Alcoholics Anonymous meetings (2.d). Presently, the Applicant has enrolled in alcohol rehabilitation courses and plans to continue with the course (2.e). On July 30, 2007, the Applicant underwent a psychiatric and Substance Abuse evaluation by his psychiatrist who states under his diagnosis, 'Even though he has had alcohol related problems in the past, according to the Diagnostic Statistical Manual of the American Psychiatric Association Edition IV-TR, he qualified for Alcohol Abuse syndrome rather than alcohol addiction.' (2.f). The Alcohol Abuse was in conjunction with an Adjustment Disorder and Depression. Since he has overcome his Adjustment Disorder, for him alcohol use is an option he can easily forego. His use pattern does not qualify as a life-long addiction (2.g). The Applicant’s failure to file state income tax returns for tax years 1995, 1996 and 1997, is a misdemeanor violation of the California Revenue and Taxation Code Section 19701 (1.a). His failure to file his federal income tax returns for tax year 1997 in a timely basis is a violation of Title 26, United States Code, Section 7203 (1.b). His two alcohol related offenses, namely DUIs that occurred in June 1993 and January 1999, also exhibit criminal conduct (1.c).

The judge granted the clearance. The government raised disqualifying conditions 19(a), 19(c), 22(a), 22(c), 30(a), 30(c). The judge applied mitigating conditions 20(b), 20(d), 23(b), 23(d), 32(a), 32(d). The decision turned on the following: The applicant demonstrated sufficient evidence of reform and rehabilitation regarding his financial issues and alcohol consumption; He hired a tax attorney to resolve his tax matters and has been making regular payments on his debts; The applicant's alcohol-related incidents occurred over eight years ago, and he has since established a pattern of responsible use.

Why the Applicant Prevailed

• The applicant demonstrated sufficient evidence of reform and rehabilitation regarding his financial issues and alcohol consumption.
• He hired a tax attorney to resolve his tax matters and has been making regular payments on his debts.
• The applicant's alcohol-related incidents occurred over eight years ago, and he has since established a pattern of responsible use.

Conditions Referenced

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”

Procedural Posture

• SOR issuedMar 30, 2007
• Answer filedApr 22, 2007
• Hearing heldJul 25, 2007The record remained open until August 10, 2007 for additional evidence.
• Decision dateSep 24, 2007

Cite For

• Mitigation of Financial Issues Due to Personal Circumstances Under Guideline F
• Successful Rehabilitation From Alcohol Abuse Under Guideline G
• Consideration of Elapsed Time Since Criminal Conduct Under Guideline J