Summary
The applicant, a 56-year-old welder, faced security clearance denial under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct) due to a history of criminal behavior, including a domestic violence incident and driving under the influence, as well as significant unresolved financial debts exceeding $29,000. The judge found that the applicant failed to demonstrate rehabilitation or control over his financial situation, leading to the denial of his security clearance.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: delinquent credit card debt totaling $7,686 (2.a). two minor debts for $881 and $98, which he previously promised to pay (2.b). two minor debts for $881 and $98, which he previously promised to pay (2.c). a car repossession resulting in a judgment for over $21,000 (2.d). a car repossession resulting in a judgment for over $21,000 (2.e). satisfied a $270 debt shortly before the hearing (2.f). Applicant was involved in a motor vehicle accident while under the influence of alcohol and narcotic medication. He left the scene and, after being stopped by police, cocaine was discovered in his car (1.a). In December 2006, Applicant was living with his current girlfriend and they had an alcohol-induced argument. Applicant asked her to leave and, when she did not, he physically removed her from the house. The police were called and Applicant’s girlfriend claimed that Applicant had assaulted her. Applicant and his girlfriend were arrested. Applicant’s girlfriend later recanted her claim and a restraining order was issued against her (1.b). In December 2009, Applicant was again arrested for domestic violence. He had been drinking alcohol and had taken percocet earlier in the day. He got into an argument with his wife and physically assaulted her. Applicant’s wife had to be hospitalized for her injuries. Applicant was arrested and charged with strangulation and disorderly conduct (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(f), AG ¶ 31(a), AG ¶ 31(c). The decision turned on the following: The applicant's recent criminal conduct included a domestic violence incident and driving under the influence, which raised significant security concerns; The applicant accumulated over $29,000 in bad debt and failed to establish that his financial situation was under control; The applicant's efforts to address his financial obligations were too recent and insufficient to mitigate the concerns.
Why the Applicant Was Denied
- The applicant's recent criminal conduct included a domestic violence incident and driving under the influence, which raised significant security concerns.
- The applicant accumulated over $29,000 in bad debt and failed to establish that his financial situation was under control.
- The applicant's efforts to address his financial obligations were too recent and insufficient to mitigate the concerns.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFinancial Problems That Are Linked to Drug Abuse, Alcoholism, Gambling Problems, or Other Issues of Security Concern
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
Key Rule Quoted
“Criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedAug 15, 2011
- Answer filedSep 15, 2011
- Hearing heldDec 5, 2011via video teleconference
- Decision dateApr 4, 2012
Cite For
- Denial of Security Clearance Due to Unresolved Criminal Conduct Under Guideline J
- Denial of Security Clearance Due to Significant Financial Issues Under Guideline F
- Insufficient Evidence of Rehabilitation or Control Over Financial Obligations