Summary
The applicant, a 43-year-old former Marine Corps major, faced security concerns under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption) due to a history of financial delinquencies and excessive alcohol use. The judge found that the applicant successfully mitigated these concerns through evidence of financial responsibility and reduced alcohol consumption, ultimately granting eligibility for a security clearance.
Under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption), the Statement of Reasons alleged the following: Applicant admitted that he was indebted on a delinquent credit card in the amount of $9,802, as alleged in SOR ¶ 2.a (2.a). Applicant admitted that he was indebted on a delinquent credit card in the amount of $3,296, as alleged in SOR ¶ 2.b (2.b). Applicant denied that he was indebted on a delinquent cable bill in the amount of $293, as alleged in SOR ¶ 2.c (2.c). The applicant has consumed alcohol from age 16 to present. His alcohol use caused his 1997 arrest and conviction for driving while having a blood alcohol level of 0.10 or more. (DUI) He later had this record expunged (1.a). Applicant’s medical records reflect that his sister held an intervention on 2006 as a result of Applicant’s alcohol use. It also reflects, 'the patient reports previous psychiatric treatments and counseling for depression, anxiety, PTSD, and alcohol abuse since 2006 when his medical officer referred him for an evaluation of his alcohol abuse.' (1.b). Applicant admitted that he only abstained from the use of alcohol for approximately six months during his alcohol related treatment. He testified that he was never advised he should permanently abstain from alcohol use. He believed his excessive alcohol consumption was directly related to his PTSD (1.c).
The judge granted the clearance. The government raised disqualifying conditions F.19(a), F.19(c), G.20(a). The judge applied mitigating conditions F.20(a), F.20(b), G.20(a). The decision turned on the following: The applicant demonstrated a commitment to resolving financial delinquencies, including hiring a credit repair service and settling multiple debts; The applicant's alcohol consumption was significantly reduced, with no current diagnosis of Alcohol Use Disorder, supported by psychological evaluations; The applicant provided credible testimony and character references that attested to his integrity and responsible behavior.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to resolving financial delinquencies, including hiring a credit repair service and settling multiple debts.
- The applicant's alcohol consumption was significantly reduced, with no current diagnosis of Alcohol Use Disorder, supported by psychological evaluations.
- The applicant provided credible testimony and character references that attested to his integrity and responsible behavior.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- G.20(a)raisedAlcohol Consumption, Treatment for Alcohol Dependency, and Alcohol Consumption After Treatment
- F.20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- G.20(a)appliedThe Individual Has Successfully Completed Treatment and Has Demonstrated a Sustained Period of Abstinence or Reduced Consumption
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 4, 2015
- Answer filedJan 4, 2016
- Hearing heldMay 11, 2016
- Decision dateAug 22, 2016
Cite For
- Mitigation of Financial Delinquencies Under Guideline F
- Rebuttable Presumption of Responsible Alcohol Consumption Under Guideline G
- Consideration of PTSD as a Mitigating Factor in Alcohol-related Cases