Summary
A 35-year-old systems administrator and mother of three was granted a security clearance despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The Statement of Reasons alleged she deliberately failed to disclose delinquent debts on her security clearance application (SCA) and was arrested for driving while intoxicated (DWI) in March 2015, around the time of her separation from her husband.
The judge found that the applicant took significant steps to address her financial issues, presenting evidence of responsible financial management and efforts to resolve her debts. She also demonstrated honesty in the security clearance application process, reporting her DWI to her security manager.
The DWI incident was considered an aberration that occurred under unique circumstances and was deemed unlikely to recur. Based on these mitigating factors, the judge concluded that the security concerns were sufficiently resolved, and the applicant's security clearance was granted.
Why the Applicant Prevailed
- The applicant presented evidence of responsible financial management and efforts to resolve debts.
- She demonstrated honesty in her security clearance application process and reported her DWI to her security manager.
- The applicant's DWI incident was deemed an aberration occurring under unique circumstances, unlikely to recur.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 16(c)raisedEvidence of Alcohol-related Incidents
- AG ¶ 22(a)raisedExcessive Alcohol Consumption
- AG ¶ 31(a)raisedCriminal Activity
- AG ¶ 31(c)raisedA Pattern of Criminal Conduct
- AG ¶ 20(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's Control
- AG ¶ 20(c)appliedReceived Counseling for the Problem
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)appliedReasonable Basis to Dispute Legitimacy of Debt
- AG ¶ 17(c)appliedEvidence of Rehabilitation
- AG ¶ 17(d)appliedNo Other Incidents Since the DWI
- AG ¶ 23(a)appliedEvidence of Responsible Alcohol Use
- AG ¶ 32(a)appliedNo Recent Criminal Conduct
- AG ¶ 32(c)appliedEvidence of Rehabilitation and Reform
Key Rule Quoted
“An individual who is granted access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedAug 15, 2015
- Answer filed—
- Hearing heldJun 9, 2016per applicant's request
- Decision dateJan 6, 2017
Cite For
- Mitigation of Financial Issues Under Guideline E
- Consideration of Personal Conduct in Security Clearance Applications
- Impact of Life Circumstances on Alcohol-related Incidents Under Guideline J