Summary
A 49-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant admitted to a history of illegal drug use, including an arrest for possession of a controlled substance and paraphernalia, and a guilty plea to a misdemeanor charge of "wet and reckless" following an arrest for being under the influence of a controlled substance and DUI in April 2008.
Financially, the applicant failed to file federal and state tax returns from 1997 until at least 2009, accumulating significant tax liabilities. While he has since made an offer in compromise to the state for a $36,532 tax liability and is making monthly payments toward his federal tax liability and child support arrearage, he still has unresolved judgments. These include a $17,037 judgment from a 2003 truck repossession, three other unpaid bank judgments for utilities, and a disputed $575 phone bill.
Despite some recent efforts to address his financial issues, the judge found that the applicant's past conduct, including his criminal history and substantial unresolved financial obligations, raised serious doubts about his reliability and trustworthiness. The applicant did not demonstrate successful rehabilitation or sufficient insight into his past behavior, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to a history of illegal drug use and criminal conduct, including a guilty plea to a DUI charge.
- The applicant has unresolved financial obligations totaling over $100,000, including tax liens and child support arrears.
- The applicant did not demonstrate successful rehabilitation or insight into his past behavior.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant has not received drug counseling.
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 7, 2010
- Answer filedJun 1, 2010
- Hearing heldSep 14, 2010
- Decision dateNov 9, 2010
Cite For
- Disqualifying Conditions Under Guidelines E, F, and J
- Insufficient Evidence of Rehabilitation for Past Criminal Conduct
- Financial Irresponsibility Impacting Security Clearance Eligibility