Summary
A 31-year-old single man, with experience as a communications/networking technician, was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from unresolved financial delinquencies and a history of criminal conduct related to his military service.
The applicant had several outstanding debts, including approximately $6,500 owed to the government from an overpayment during his time in the reserves, a $3,300 delinquency to a computer company, and an alleged $1,500 on a credit card bill. Additionally, he was administratively separated from the U.S. Army Reserves under other than honorable conditions after being charged with desertion and "missing movement" under UCMJ Articles 85 and 87.
The judge determined that the applicant failed to take adequate steps to resolve his delinquent debts over several years. His administrative discharge from the Army raised serious concerns about his judgment and reliability. Ultimately, the applicant's conduct and financial issues were deemed unlikely to be mitigated, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant failed to take steps to resolve his delinquent debts despite being aware of them for several years.
- The applicant's administrative discharge from the Army under other than honorable conditions due to missing movement raised serious concerns about his judgment and reliability.
- The applicant's conduct and financial issues were deemed unlikely to be mitigated, reflecting poor judgment.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime
- AG ¶ 20(a)rejectedThe Behavior Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant has known about the debt since approximately 2005 and has taken no steps to satisfy it.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the OffenseThe applicant did not commit the offense of desertion, but did miss movement.
- AG ¶ 32(a)appliedTime Elapsed Since the Criminal Behavior HappenedThe applicant has not engaged in any criminal activity since the offense.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant is well-respected at his job and has not engaged in further criminal activity.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 14, 2008
- Answer filedAug 13, 2008
- Hearing heldNov 3, 2008
- Decision dateDec 18, 2008
Cite For
- Financial Considerations Under Guideline F
- Criminal Conduct Implications Under Guideline J
- Personal Conduct Issues Related to Security Clearance Under Guideline E