Summary
The applicant, a 45-year-old network engineer, faced security clearance denial under Guidelines E, F, and G due to a history of motor vehicle offenses, including multiple operating under the influence (OUI) charges, and significant financial delinquencies totaling over $24,000. Despite completing alcohol counseling in 2005 and making some payments towards his debts, the applicant's ongoing financial issues and failure to disclose certain debts on his security clearance application led to the denial of his clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline G (Alcohol Consumption), the Statement of Reasons alleged the following: Applicant’s motor vehicle license had been suspended from October 1984 to April 1985, November 1985 to February 2004, and February 2005 to February 2007, because of his motor vehicle violations (3.a). Applicant had been convicted of a January 2004 unlicensed driver offense (3.b). Applicant had falsified his January 2008 e-QIP by failing to disclose some of his delinquent debts (3.c). Applicant had falsified his January 2008 e-QIP by failing to disclose the January 2004 unlicensed driver offense (3.d). Applicant owed unpaid judgments of $1,100 to a state division of motor vehicles (1.a). Applicant owed unpaid judgments of $11,975 to a state division of motor vehicles (1.b). Applicant owed $10,398 in delinquent credit card debt (1.c). Applicant had a $997 judgment from 1992 that went unpaid until June 2009 (1.d). Applicant owed $4,561 on a credit card debt (1.e). Applicant owed $3,081 on a credit card debt (1.f). Applicant owed $4,561 on a credit card debt (duplicate of 1.e) (1.g). Applicant owed $226 on a credit card debt (1.h). The applicant was arrested for OUI in August 1984 (2.a). The applicant was arrested for OUI in November 1988 (2.b). The applicant was cited in March 1996 for drinking on a facility (2.c). The applicant was convicted in December 2004 for refusal to consent to breathalyzer (2.d).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 20(a), AG ¶ 16(a). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 19(c), AG ¶ 16(d). The decision turned on the following: The applicant had a long history of motor vehicle offenses, including multiple OUIs and driving with a suspended license; He accumulated significant debt, totaling approximately $24,079, with ongoing delinquencies and judgments against him; The applicant failed to disclose several debts on his security clearance application, raising concerns about his honesty and reliability.
Why the Applicant Was Denied
- The applicant had a long history of motor vehicle offenses, including multiple OUIs and driving with a suspended license.
- He accumulated significant debt, totaling approximately $24,079, with ongoing delinquencies and judgments against him.
- The applicant failed to disclose several debts on his security clearance application, raising concerns about his honesty and reliability.
Conditions Referenced
- AG ¶ 19(a)raisedFinancial Considerations
- AG ¶ 20(a)raisedAlcohol Consumption
- AG ¶ 16(a)raisedPersonal Conduct
- AG ¶ 20(b)appliedAlcohol ConsumptionThe applicant completed court-ordered counseling in 2005 and had no alcohol-related incidents since.
- AG ¶ 19(c)rejectedFinancial ConsiderationsThe applicant's payments towards his debts were insufficient to mitigate the overall financial concerns.
- AG ¶ 16(d)rejectedPersonal ConductThe applicant's failure to disclose debts on his e-QIP undermined his credibility.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 24, 2009
- Answer filedFeb 21, 2009
- Hearing heldJun 30, 2009
- Decision dateOct 21, 2009
Cite For
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- Impact of Undisclosed Debts on Security Clearance Eligibility Under Guideline E
- Consideration of Past Alcohol-related Conduct Under Guideline G