Summary
The applicant, a 35-year-old web analyst and former Army Sergeant First Class, faced security clearance denial under Guidelines E, F, and J due to a history of financial difficulties, multiple alcohol-related arrests, and failure to disclose pertinent information on his security clearance application. Despite demonstrating some efforts to resolve his debts and acknowledging past mistakes, the judge found that the applicant's financial issues were ongoing and indicative of poor judgment, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant failed to disclose his DWI arrest in 2006 on his e-QIP (3.a). Applicant failed to disclose his participation in alcohol treatment programs while in the Army (3.b). Applicant failed to disclose his Chapter 13 bankruptcy on his e-QIP (3.c). Applicant failed to disclose that he was over 180 days delinquent on debts (3.d). Applicant failed to disclose that he was currently over 90 days delinquent on debts (3.e). Medical bill $ 2,554.00 (1.a). Public Works $ 316.00 (1.b). Cable bill $ 212.00 (1.c). Bank credit card $ 625.00 (1.d). Medical bill $ 165.00 (1.e). Credit account $ 2,028.00 (1.f). Bank card $ 984.00 (1.g). Store account $ 854.00 (1.h). School debt $ 1,770.00 (1.i). Credit union $ 169.00 (1.j). Loan $21,000.00 (1.k). Cable $ 322.00 (1.l). Telephone $ 84.00 (1.m).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 30(a). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant had a history of multiple alcohol-related arrests, including DWIs, which raised concerns about his reliability and judgment; The applicant failed to disclose significant information regarding his financial history and alcohol-related incidents on his security clearance application, undermining his credibility; The applicant's financial issues were ongoing and indicated a lack of self-control and responsibility.
Why the Applicant Was Denied
- The applicant had a history of multiple alcohol-related arrests, including DWIs, which raised concerns about his reliability and judgment.
- The applicant failed to disclose significant information regarding his financial history and alcohol-related incidents on his security clearance application, undermining his credibility.
- The applicant's financial issues were ongoing and indicated a lack of self-control and responsibility.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 30(a)raisedCriminal Conduct
- AG ¶ 20(b)appliedConditions Largely Beyond the Person's ControlThe applicant's financial difficulties were exacerbated by his wife's unemployment and his own transition from military to civilian life.
- AG ¶ 20(c)rejectedEvidence of Counseling or Resolution of the ProblemThe applicant did not receive financial counseling for his new debt situation.
- AG ¶ 20(d)appliedGood-faith Effort to Repay DebtsThe applicant initiated a payment plan for his largest debt and made consistent payments.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 12, 2009
- Answer filedOct 1, 2009
- Hearing heldFeb 24, 2010
- Decision date—
Cite For
- Denial Based on Ongoing Financial Issues Under Guideline F
- Failure to Disclose Significant Past Conduct Under Guideline E
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J