Summary
A 35-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of substance abuse, primarily cocaine, beginning in high school and resuming in 2012. This included an arrest in June 2013 for narcotic drug possession/use and drug paraphernalia possession/use, resulting in convictions for reduced felony charges, 18 months’ probation, a drug education program, and a $2,000 fine.
His criminal record also included a September 2007 conviction for extreme DUI with a BAC of .15 or more, leading to a $5,000 fine, 180 days of jail work-release, 24 months’ probation, and a one-year license revocation. In July 2004, he was convicted of DUI. Additionally, he faced dismissed charges for failure to appear in June 2013 and violation of promise to appear in December 2012.
Financially, the applicant had multiple unresolved debts, including three medical debts totaling $1,140, another three medical debts totaling $62, and a further three medical debts totaling $210. He also had an unpaid Internet account balance of $304 and an electric utility account balance of $95, both placed for collection. A $14,000 credit union vehicle loan resulted in repossession and a $10,000 deficiency. The denial was based on his admitted drug involvement and criminal conduct, lack of mitigating evidence, and unresolved financial issues.
Why the applicant was denied
- The applicant admitted to multiple incidents of drug involvement and criminal conduct, including arrests and convictions.
- He failed to provide evidence of mitigating circumstances for his drug use and criminal history.
- The applicant's financial issues remained unresolved, with multiple delinquent debts and no evidence of financial counseling.
Conditions referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedPositive Drug Test
- AG ¶ 31(a)raisedSerious Crime or Multiple Offenses
- AG ¶ 31(c)raisedAllegation of Criminal Conduct
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural posture
- SOR issuedSep 14, 2015
- Answer filedDec 11, 2015Applicant elected to proceed without a hearing.
- Hearing held—Case decided on the written record.
- Decision dateApr 28, 2017
Cite for
- Denial Based on Drug Involvement Under Guideline H
- Denial Due to Criminal Conduct Under Guideline J
- Financial Considerations Impacting Security Clearance Eligibility Under Guideline F