Summary
A 52-year-old electronics technician employed by a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant admitted to 18 of 20 allegations of criminal conduct, which included multiple instances of driving under the influence, driving on a suspended license, and a 1986 felony conviction for possession of cocaine with intent to distribute. Other offenses included assault, trespass, public intoxication, and disorderly conduct.
Additionally, the applicant faced allegations related to ongoing alcohol consumption despite a history of alcohol-related offenses, and had not participated in any counseling or treatment programs. Financial concerns included delinquent debts totaling over $10,000 across multiple credit card and online shopping accounts, with no evidence of a repayment plan.
The judge found insufficient evidence of rehabilitation from the extensive criminal conduct or responsible financial management. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant admitted to 18 of 20 allegations of criminal conduct, including multiple DUIs and a felony drug conviction.
- Applicant continues to consume alcohol and has not participated in any counseling or treatment programs.
- Applicant has significant delinquent debts exceeding $10,000, with no evidence of a plan to repay them.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 31(c)raisedCriminal Conduct Disqualifying Condition
- AG ¶ 22(a)raisedAlcohol Consumption Disqualifying Condition
- AG ¶ 19(a)raisedFinancial Considerations Disqualifying Condition
- AG ¶ 19(c)raisedFinancial Considerations Disqualifying Condition
- AG ¶ 32(a)rejectedCriminal Conduct Mitigating ConditionThe pattern of criminal conduct and recent alcohol consumption raised concerns about reliability.
- AG ¶ 32(d)rejectedCriminal Conduct Mitigating ConditionInsufficient evidence of rehabilitation or constructive community involvement.
- AG ¶ 23(a)rejectedAlcohol Consumption Mitigating ConditionThe applicant's history of alcohol-related incidents does not support a finding of unlikely recurrence.
- AG ¶ 20(b)appliedFinancial Considerations Mitigating ConditionThe debts were incurred by the applicant's ex-wife and were beyond his control.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 12, 2009
- Answer filedJun 10, 2009Applicant's response was undated.
- Hearing heldDec 10, 2009Hearing convened as scheduled.
- Decision dateJan 20, 2010
Cite For
- Denial of Security Clearance Due to Extensive Criminal History Under Guideline J
- Ongoing Alcohol Consumption Issues Impacting Reliability Under Guideline G
- Financial Difficulties Attributed to Ex-spouse's Debts Under Guideline F