Summary
The applicant, a 50-year-old aircraft mechanic with a history of military service, faced security clearance denial due to unresolved financial issues and personal conduct concerns. Despite mitigating some criminal conduct allegations, he failed to provide sufficient evidence to resolve multiple delinquent debts and did not disclose prior arrests and judgments on his security clearance application, leading to a determination that granting clearance was not consistent with national interest.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: A creditor obtained a judgment against him for a $958 debt to a computer company, and, as of April 7, 2009, the debt had not been paid (2.a). Applicant owed a communications company $311 on an account shown as past due on his April 7, 2009 credit report (2.b). He owed a telecommunications company a delinquent debt of $161 (2.c). Applicant owed a creditor $636 on a delinquent debt in collection status (2.d). As of April 7, 2009, Applicant was making partial payments on his home mortgage (2.e). In 2002, a creditor had obtained a judgment against Applicant on a $2,575 debt, and the judgment remained unsatisfied (2.f). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $50 (2.g). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $14 (2.h). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $38.59 (2.i). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $75 (2.j). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $75 (2.k). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $47.60 (2.l). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $225 (2.m). A judgment of restitution ordered against Applicant in 2001 for property he acquired by writing worthless checks, amounting to $303.35 (2.n). The SOR cross-alleged under the financial consideration adjudicative guideline the financial criminal conduct alleged at ¶¶ 1.a. through 1.f.; ¶ 1.h.; ¶ 1.i.; and ¶ 1.k (2.o). In April 1996, Applicant engaged in the criminal act of Worthless Check-Obtain Property (WC-OBT Prop), and the charge was nolle prossed in November 1996 (1.a). Applicant was arrested in October 1997 and charged with WC-OBT Prop, in violation of state law (1.b). Applicant engaged in three counts of WC-OBT Prop in February 1997, and the charge was nolle prossed in November 1997 (1.c). Applicant was arrested in September 1998 and charged with obtaining property with a worthless check (1.d). In April 1998, Applicant committed three counts of WC-OBT Prop, and in December 1998, the court ordered him to pay $160 (1.e). Applicant engaged in seven criminal acts of WC-OBT - - five in March, April, and May of 1998 and two in March 2000 - - and in October 2001, he pled nolo contendere to all charges and was sentenced to pay court costs, which were waived (1.f). In February 2000, Applicant was arrested and charged with Trespassing after Warning and Resisting and Opposing a Police Officer. He was found guilty of Trespassing After Warning and sentenced to two days of incarceration, with credit for two days served. The charge of resisting and opposing a police officer was nolle prossed (1.g). Applicant was charged with obtaining property for worthless check on February 26, 2000, and, on the next day, February 27, 2000, he was cited with an additional worthless check charge (1.h). The SOR alleged at ¶ 1.i. that on April 19, 2001, Applicant was charged with nine counts of obtaining property for worthless check (1.i). In March 2000, Applicant was arrested and charged with Trespass Occupy. He pled nolo contendere, was found guilty, and was sentenced to two days imprisonment. The court issued a restraining order forbidding Applicant to contact the girlfriend (1.j). The SOR alleged at ¶ 1.k. that on April 19, 2001, Applicant was charged with nine counts of obtaining property for worthless check (1.k). In October 2001, Applicant was arrested and charged with Violation of Injunction for Protection Against Domestic Violence. He was placed on probation, required to complete a first step program, and to have no contact with the girlfriend (1.l).
The judge denied the clearance. The government raised disqualifying conditions AG F, AG E. The judge applied mitigating conditions AG J. The decision turned on the following: Failed to mitigate financial considerations under Guideline F due to unresolved delinquent debts; Failed to mitigate personal conduct concerns under Guideline E due to non-disclosure of arrests and judgments on the security clearance application; Criminal conduct was mitigated, but the overall assessment of financial and personal conduct led to denial.
Why the applicant was denied
- Failed to mitigate financial considerations under Guideline F due to unresolved delinquent debts.
- Failed to mitigate personal conduct concerns under Guideline E due to non-disclosure of arrests and judgments on the security clearance application.
- Criminal conduct was mitigated, but the overall assessment of financial and personal conduct led to denial.
Conditions referenced
- AG FraisedFinancial Considerations
- AG EraisedPersonal Conduct
- AG JappliedCriminal Conduct
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedApr 17, 2009
- Answer filedSep 4, 2009
- Hearing heldMay 4, 2010rescheduled from April 28, 2010
- Decision dateJul 20, 2010
Cite for
- Failure to Disclose Arrests and Judgments on Security Clearance Applications Under Guideline E
- Unresolved Delinquent Debts Impacting Security Clearance Under Guideline F
- Mitigation of Criminal Conduct Under Guideline J but Overall Denial Due to Financial and Personal Conduct Issues.