Summary
A 45-year-old Environmental Test Technician III was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant's history included multiple arrests for domestic violence, willful threats, battery, and driving under the influence. Additionally, the applicant was indicted in federal court on two counts of mail fraud and arrested for driving with a suspended or revoked license.
Financially, the applicant had several delinquent debts totaling over $20,000, with one debt of $3,920 paid through garnishment. Specific outstanding debts included amounts of $50, $793, $654, $13,936, $1,186, and $3,197.
Despite evidence of rehabilitation and positive character references, the judge determined that the applicant's pattern of criminal conduct, poor personal judgment, and significant financial irresponsibility demonstrated unreliability. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has a history of multiple criminal offenses, including domestic violence and felony mail fraud.
- The applicant demonstrated poor personal conduct and questionable judgment, raising concerns about reliability and trustworthiness.
- The applicant is financially overextended, with delinquent debts exceeding $20,000, indicating a lack of financial responsibility.
Conditions Referenced
- J 31(a)raisedCriminal Conduct - a Single Serious Crime or Multiple Lesser Offenses
- J 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- E 16(d)raisedPersonal Conduct - Credible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- F 19(a)raisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- F 19(c)raisedFinancial Considerations - a History of Not Meeting Financial Obligations
- J 32(a)appliedCriminal Conduct - so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
- E 17(c)appliedPersonal Conduct - the Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur
- E 17(d)appliedPersonal Conduct - the Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- E 17(e)appliedPersonal Conduct - the Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person*s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedFeb 24, 2010
- Answer filedMar 15, 2010
- Hearing heldMay 14, 2010
- Decision dateNov 22, 2010
Cite For
- Denial of Security Clearance Due to Multiple Criminal Offenses Under Guideline J
- Assessment of Personal Conduct and Reliability Under Guideline E
- Financial Irresponsibility and Its Impact on Security Clearance Eligibility Under Guideline F