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Summary

The applicant, a 63-year-old computer operator and Army veteran, faced security clearance denial under Guidelines E (Personal Conduct), F (Financial Considerations), and G (Alcohol Consumption) due to a history of financial difficulties and multiple DUI offenses. Despite demonstrating good-faith efforts to repay debts, the applicant's willful falsifications on his security questionnaire regarding financial and criminal history led to the denial of his clearance.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline G (Alcohol Consumption), the Statement of Reasons alleged the following: Applicant admits that he failed to answer “Section 26 - Financial Record” correctly on his February 2014 e-QIP, when he answered, “No,” as to any “Delinquency Involving Routine Accounts . . . In the past (7) years.” (3.a). Applicant admits that he failed to answer “Section 22 - Police Record (EVER” correctly on his February 2014 e-QIP, when he answered, “No,” to the question, “Have you EVER been charged with an offense involving alcohol . . . .” (3.b). Applicant avers, and the Government concedes, that these are one and the same past-due debt to Creditor A in the amount of about $797 (1.a). Applicant admits that he is indebted to Creditor B for a past-due debt in the amount of about $3,619 (1.b). Applicant admits that he is indebted to Creditor C for a past-due debt in the amount of about $3,426 (1.c). Applicant admits that he is indebted to Creditor D for a past-due debt in the amount of about $1,460 (1.d). Applicant admits that he is indebted to Creditor E for a past-due debt in the amount of about $644 (1.e). Applicant denies that he is indebted to Creditor F for a past-due debt in the amount of about $6,485 (1.f). Applicant admits that he is indebted to Creditor G for a past-due debt in the amount of about $3,960 (1.g). Applicant admits that he is indebted to Creditor H for a past-due debt in the amount of about $870 (1.h). This allegation has already been discussed, above (1.i). Applicant admits that he is indebted to Creditor J for a past-due debt in the amount of about $385 (1.j). Applicant admits that he is indebted to Creditor K for a past-due debt in the amount of about $376 (1.k). Applicant admits that he is indebted to Creditor L for a past-due debt in the amount of about $157 (1.l). Applicant has paid the admitted $47 debt to Creditor M, as evidenced by correspondence from Creditor M, and a cancelled check (1.m). In March of 1984, Applicant was arrested, in part, for Driving Under the Influence (DUI) of alcohol. (SOR ¶ 2.a) (2.a). After he retired from the Army, in February of 1998, Applicant was again arrested for a DUI. (SOR ¶ 2.b) (2.b). In October of 2005, Applicant was arrested for, and subsequently pled guilty to, a third DUI. (SOR ¶ 2.c) (2.c). A year later, in October of 2006, Applicant was again arrested for a fourth DUI. (SOR ¶ 2.d) (2.d). Finally, in December of 2007, Applicant was arrested, the last time, for a DUI. (SOR ¶ 2.e) (2.e).

The judge denied the clearance. The government raised disqualifying conditions E2.A1, F2.A1, G2.A1. The judge applied mitigating conditions F3.A1, G2.A2. The decision turned on the following: The applicant willfully falsified information on his security questionnaire regarding financial and criminal history; The applicant's past conduct raised significant questions about his reliability and trustworthiness.

Why the Applicant Prevailed

• The applicant initiated good-faith efforts to repay multiple past-due debts.
• The applicant's history of alcohol consumption was mitigated by over eight years of sobriety.

Conditions Referenced

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 issuedNov 2, 2015
• Answer filedDec 1, 2015
• Hearing heldApr 7, 2016
• Decision dateSep 1, 2016

Cite For

• Willful Falsification of Information on Security Questionnaires Under Guideline E
• Good-faith Efforts to Repay Debts Under Guideline F
• Mitigation of Past Alcohol-related Incidents Due to Significant Time Elapsed Under Guideline G