Summary
The applicant, a 41-year-old logistics engineer, faced security clearance denial under Guidelines F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct) due to 27 delinquent debts totaling $49,787. While he mitigated two debts, he failed to provide sufficient evidence of resolving his financial issues. His alcohol-related offenses were mitigated as they were not recent, but the overall financial concerns were deemed unresolved, leading to denial of eligibility for access to classified information.
Under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: two student loans placed for collection for $15,416 (3.a). two student loans placed for collection for $14,704 (3.b). delinquent bank debt for $512 (3.c). delinquent utility debt for $119 (3.d). delinquent bank debt for $982 (3.e). delinquent medical debts totaling $8,090 (3.f). delinquent medical debts totaling $2,439 (3.g). delinquent medical debts totaling $1,404 (3.h). delinquent medical debts totaling $1,179 (3.i). delinquent medical debts totaling $1,044 (3.j). delinquent medical debts totaling $568 (3.k). delinquent medical debts totaling $405 (3.l). delinquent medical debts totaling $301 (3.m). delinquent medical debts totaling $250 (3.n). delinquent medical debts totaling $225 (3.o). delinquent medical debts totaling $194 (3.p). delinquent medical debts totaling $178 (3.q). delinquent medical debts totaling $36 (3.r). delinquent medical debts totaling $36 (3.s). delinquent medical debts totaling $31 (3.t). delinquent medical debts totaling $30 (3.u). delinquent medical debts totaling $29 (3.v). delinquent medical debts totaling $28 (3.w). delinquent telecommunications debts for $257 (3.x). delinquent telecommunications debts for $218 (3.y). delinquent telecommunications debts for $200 (3.z). Applicant was charged with public intoxication on August 19, 2006, July 26, 2007, and April 13, 2008 (2.a). Applicant was charged with public intoxication on June 17, 2012 (2.b). Applicant was charged with driving while intoxicated by alcohol on September 26, 2013 (2.c). On August 19, 2006, Applicant was charged with public intoxication (1.a). On July 26, 2007, Applicant was charged with public intoxication (1.b). On April 13, 2008, Applicant was charged with public intoxication (1.c). On June 17, 2012, Applicant was charged with public intoxication (1.d). On September 26, 2013, Applicant was charged with driving while intoxicated by alcohol (DWI) (1.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant had 27 delinquent debts totaling $49,787, with insufficient evidence of resolution or progress; He did not provide documentation to support claims of financial counseling or debt repayment efforts; The applicant's financial issues raised concerns about his reliability and judgment.
Why the Applicant Was Denied
- The applicant had 27 delinquent debts totaling $49,787, with insufficient evidence of resolution or progress.
- He did not provide documentation to support claims of financial counseling or debt repayment efforts.
- The applicant's financial issues raised concerns about his reliability and judgment.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago or Occurred Under Circumstances Unlikely to Recur
- AG ¶ 20(b)rejectedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- AG ¶ 20(c)rejectedReceived Financial Counseling From a Legitimate Source
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 20(e)rejectedReasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJun 6, 2016
- Answer filedAug 23, 2016
- Hearing heldMar 15, 2017Applicant waived his right to 15 days of notice.
- Decision dateJul 18, 2017
Cite For
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Mitigation of Alcohol-related Offenses Under Guideline G Due to Lack of Recent Incidents
- Disqualifying Conditions Related to Financial Obligations and Judgment Under Guideline F.