Summary
A 33-year-old defense contractor and disabled veteran was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption). The applicant had a delinquent second mortgage of $31,034 and another outstanding bill of $172. These financial issues were largely attributed to his ex-wife's failure to adhere to their divorce agreement regarding property.
To address his financial difficulties, the applicant filed for Chapter 7 bankruptcy in 2014, which discharged his debts. The judge noted that the applicant had since maintained a stable financial situation, demonstrating responsible behavior.
Regarding alcohol consumption, the applicant admitted to a DUI arrest on March 9, 2014. He was subsequently convicted, fined, sentenced to three months of summary probation, and required to complete a First Offenders DUI course, all of which he successfully fulfilled. Crucially, the applicant has abstained from alcohol since the date of the incident, a period exceeding two years at the time of the decision. Based on the resolution of his financial issues and sustained sobriety, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant's financial problems were largely due to circumstances beyond his control, specifically his ex-wife's failure to fulfill the divorce agreement regarding their property.
- The applicant successfully filed for Chapter 7 bankruptcy, discharging his debts and demonstrating responsible financial behavior.
- The applicant has maintained a stable financial situation and has abstained from alcohol for over two years since his DUI.
Conditions Referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- G.2.araisedAlcohol-related Incidents Away From Work
- F.2.aappliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to Recur
- F.2.bappliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- F.2.dappliedInitiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- G.3.aappliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Unusual Circumstances
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 12, 2015
- Answer filedJan 8, 2016
- Hearing heldJun 28, 2016
- Decision dateFeb 23, 2017
Cite For
- Mitigating Conditions for Financial Difficulties Under Guideline F
- Abstinence From Alcohol as a Mitigating Factor Under Guideline G
- Whole-person Concept in Security Clearance Evaluations