Summary
The applicant, a 34-year-old defense contractor, faced security concerns under Guidelines F (Financial Considerations), G (Alcohol Consumption), and H (Drug Involvement) due to unresolved medical debts, a DUI conviction, and past marijuana use. The judge found that the applicant had made significant efforts to resolve his debts and demonstrated a change in behavior regarding alcohol and drug use, ultimately granting his security clearance.
Under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant owes $453 for medical treatment he received in 2001 for a seizure he suffered (1.a). Applicant owes $2,428 on another medical debt (1.b). Applicant owes $100 for a third medical debt from 2003 (1.c). Applicant has $78,114 owed by him on a house he bought with a former fiancé in 2002 (1.d). alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent (2.a). evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program (2.c). Applicant used marijuana from 1994 to 2004. He was arrested in 1998 and 2004, on charges which included possession of marijuana and paraphernalia. After his first arrest he continued to use marijuana (3.a).
The judge granted the clearance. The government raised disqualifying conditions F.1.a, F.1.c, G.2.a, G.2.e, H.1.a, H.1.b, H.1.c. The judge applied mitigating conditions F.2.a, F.2.d, G.3.a, G.3.b, G.3.d, H.2.a, H.2.b. The decision turned on the following: The applicant demonstrated a good-faith effort to resolve his debts, including making regular payments on medical debts; The applicant's past alcohol and drug use occurred long ago, and he has since established a responsible pattern of consumption and abstinence; The applicant's current lifestyle reflects a commitment to family responsibilities and a significant change in behavior.
Why the applicant prevailed
- The applicant demonstrated a good-faith effort to resolve his debts, including making regular payments on medical debts.
- The applicant's past alcohol and drug use occurred long ago, and he has since established a responsible pattern of consumption and abstinence.
- The applicant's current lifestyle reflects a commitment to family responsibilities and a significant change in behavior.
Conditions referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- G.2.araisedAlcohol-related Incidents Away From Work
- G.2.eraisedEvaluation of Alcohol Abuse or Alcohol Dependence
- H.1.araisedAny Drug Abuse
- H.1.braisedTesting Positive for Illegal Drug Use
- H.1.craisedIllegal Drug Possession
- F.2.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- F.2.dappliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- G.3.aappliedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
- G.3.bappliedThe Individual Acknowledges His or Her Alcoholism or Issues of Alcohol Abuse, Provides Evidence of Actions Taken to Overcome This Problem
- G.3.dappliedThe Individual Has Successfully Completed Counseling or Rehabilitation Along with Any Required Aftercare
- H.2.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H.2.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedApr 23, 2009
- Answer filedMay 14, 2009Applicant did not request a hearing.
- Hearing heldOct 30, 2009Hearing was convened as scheduled.
- Decision dateNot specified
Cite for
- Mitigating Conditions for Financial Considerations Under Guideline F
- Mitigating Conditions for Alcohol Consumption Under Guideline G
- Mitigating Conditions for Drug Involvement Under Guideline H