Summary
A 28-year-old male applicant with a General Equivalency Diploma and three children was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). While allegations under Guideline E (Personal Conduct) were successfully refuted, the applicant admitted to misusing a company gas card and had multiple unpaid judgments, for which he failed to provide evidence of resolution or responsible financial behavior.
Additionally, the applicant's criminal history raised significant concerns regarding his judgment and reliability. In January 2015, he was arrested and subsequently found guilty of driving while intoxicated (DWI) and carrying a concealed weapon. He received a suspended 12-month jail sentence, a $500 fine, a 12-month driver’s license suspension, and was ordered to complete 10 Alcohol Safety Action Program (ASAP) classes, placed on probation, and required to use an ignition interlock for six months. In March 2015, he was also found guilty of driving with a revoked/suspended license and fined $500.
The judge found insufficient evidence to mitigate the concerns under Guidelines F and J, as the applicant did not provide sufficient evidence of rehabilitation or compliance with probation terms. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to provide evidence of resolving his financial issues or demonstrating responsible financial behavior.
- The applicant's criminal history, including a DWI and carrying a concealed weapon, raised significant concerns about his judgment and reliability.
- The applicant did not provide sufficient evidence of rehabilitation or compliance with probation terms.
Conditions Referenced
- F.1.araisedInability to Satisfy Debts
- F.1.braisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- J.1.araisedA Pattern of Minor Offenses
- J.1.braisedEvidence of Criminal Conduct
- F.2.arejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's financial issues are ongoing and unresolved.
- F.2.brejectedConditions Beyond the Person's ControlThe applicant has been employed since 2013 and did not demonstrate responsible actions regarding his debts.
- F.2.crejectedReceived Financial CounselingNo evidence of financial counseling was provided.
- F.2.drejectedGood-faith Effort to Repay CreditorsThe applicant did not provide evidence of efforts to resolve debts.
- F.2.erejectedReasonable Basis to Dispute DebtsThe applicant did not substantiate his disputes with evidence.
- J.2.arejectedTime Elapsed Since Criminal BehaviorInsufficient time has passed since the applicant's criminal offenses.
- J.2.drejectedEvidence of Successful RehabilitationThe applicant did not provide evidence of rehabilitation or compliance with probation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 12, 2016
- Answer filedAug 2, 2016Applicant elected to proceed without a hearing.
- Hearing held—Written record decision.
- Decision dateOct 18, 2017
Cite For
- Insufficient Evidence to Mitigate Financial Concerns Under Guideline F
- Criminal Conduct Raising Questions About Judgment Under Guideline J
- Successful Refutation of Personal Conduct Allegations Under Guideline E