Summary
The applicant, a 34-year-old high school graduate and U.S. military veteran, faced security clearance concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and G (Alcohol Consumption) due to two drunk driving incidents and significant delinquent debt totaling approximately $40,000. While the applicant successfully mitigated concerns related to alcohol consumption, the judge found that his financial issues raised doubts about his reliability and judgment, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline G (Alcohol Consumption), the Statement of Reasons alleged the following: Two student loan accounts in collection status for over $12,000 (1.a). Two student loan accounts in collection status for over $12,000 (1.c). $3,800 collection account for a jewelry store account (1.i). $120 collection account for cell phone service (1.k). The applicant was arrested for driving under the influence (DUI) in 2008 (2.a). The applicant was arrested for driving under the influence (DUI) in 2014 (2.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 17(c), AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant failed to demonstrate sufficient progress in resolving significant delinquent debts totaling approximately $40,000; Despite mitigating factors for alcohol-related incidents, the applicant's financial irresponsibility raised concerns about his judgment and reliability; The applicant's procrastination in addressing his financial obligations contributed to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to demonstrate sufficient progress in resolving significant delinquent debts totaling approximately $40,000.
- Despite mitigating factors for alcohol-related incidents, the applicant's financial irresponsibility raised concerns about his judgment and reliability.
- The applicant's procrastination in addressing his financial obligations contributed to the denial of his security clearance.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 17(c)rejectedThe Individual Has Acknowledged the Problem and Has Taken Positive Steps to Resolve ItThe applicant only began addressing his debts shortly before the hearing.
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
Key Rule Quoted
““[N]o one has a ‘right’ to a security clearance.” Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
Procedural Posture
- SOR issuedJul 19, 2016
- Answer filed—
- Hearing heldApr 13, 2017mutually agreed date
- Decision dateMay 26, 2017
Cite For
- Mitigation of Alcohol-related Incidents Under Guideline G
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- The Importance of Addressing Delinquent Debts for Security Clearance Eligibility