Summary
The applicant, a 30-year-old aircraft mechanic and former Marine, faced security clearance concerns under Guidelines F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct) due to a history of financial delinquency and alcohol-related offenses. The judge found that the applicant had taken significant steps to address his financial issues and had maintained sobriety since December 2009, ultimately granting his security clearance.
Under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: a charged-off store account for $2,580 (1.a). a credit account in collection for $2,479 (1.b). a collection account for $122 (1.c). a charged-off credit union account for $4,798 (1.d). another charged-off account with the same credit union for $5,370 (1.e). The applicant damaged a military barracks after consuming alcohol and received nonjudicial punishment from his commander (2.a). The applicant was charged with driving while intoxicated in November 2007 with a blood alcohol content of .20 (2.b). The applicant was charged with driving while intoxicated in May 2008 (2.c). The applicant was diagnosed with alcohol abuse after the first incident and alcohol dependence after the second incident (2.d). The applicant continued to drink alcohol after being diagnosed with alcohol dependence (2.e). The applicant has not participated in any counseling or aftercare programs since his diagnosis (2.f). The applicant has established a pattern of abstinence from alcohol since December 2009 (2.g). The applicant acknowledges his alcohol dependence and has taken steps to overcome his alcohol-related problems (2.h). Applicant damaged a military barracks in July 2005. He admits to drinking alcohol prior to the incident and being intoxicated. He received nonjudicial punishment of 30 days restriction and extra duty. He was required to attend alcohol counseling, and the diagnosis was alcohol abuse. However, this did not affect his consumption of alcohol. He did not believe he had an alcohol problem since he was 20 years old at the time, and was frustrated because of an argument he had on the telephone with his wife. He did not consider his consumption of alcohol as an issue, so he did not stop consuming alcohol. (Tr. 23-27) (3.a). Applicant was charged with driving while intoxicated in November 2007 with a blood alcohol content of .20. He was drinking alcohol on base with some friends before driving home. He was apprehended for failing to fully stop at a stop sign and determined to be under the influence of alcohol. The civilian authority did not process the case but reduced the charge to reckless driving and suspended his driver’s license. His commander imposed nonjudicial punishment for the offense. He was ordered to attend alcohol counseling and treatment. He was diagnosed this time as alcohol dependent. He was not aware of the alcohol dependent diagnosis and did not change his consumption of alcohol. (Tr. 27-29) (3.a). Seven months later, Applicant was charged with driving while intoxicated in May 2008. Applicant and his wife had separated and he went out drinking with a Marine Corps friend. He was found guilty in a civilian court, fined $997, his license was suspended, and he was ordered to complete alcohol counseling and treatment. He also received nonjudicial punishment from his commander. He was reduced in grade and was discharged with a general discharge under honorable conditions based on the series of alcohol-related offenses. He was again diagnosed as alcohol dependent in May 2008. However, he continued to drink alcohol in moderation until December 2009. (Tr. 29-30) (3.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 22(a), AG ¶ 22(c), AG ¶ 22(e), AG ¶ 22(f), AG ¶ 31(a). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(d), AG ¶ 23(a), AG ¶ 23(b), AG ¶ 32(a). The decision turned on the following: The applicant demonstrated a commitment to resolving his financial debts, having settled and paid several delinquent accounts; He has maintained sobriety since December 2009 and has taken personal responsibility for his alcohol dependency; The applicant's current employment and positive work performance were highlighted as indicators of his reliability and trustworthiness.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to resolving his financial debts, having settled and paid several delinquent accounts.
- He has maintained sobriety since December 2009 and has taken personal responsibility for his alcohol dependency.
- The applicant's current employment and positive work performance were highlighted as indicators of his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(e)raisedEvaluation of Alcohol Abuse or Alcohol Dependence
- AG ¶ 22(f)raisedRelapse After Diagnosis of Alcohol Abuse and Dependence
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problems Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Has Initiated a Good-faith Effort to Repay the Overdue Creditors
- AG ¶ 23(a)appliedSo Much Time Has Passed That It Is Unlikely to Recur
- AG ¶ 23(b)appliedThe Individual Acknowledges Their Alcoholism and Has Established a Pattern of Abstinence
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 1, 2011
- Answer filedSep 21, 2011
- Hearing heldFeb 28, 2012
- Decision dateMar 29, 2012
Cite For
- Mitigation of Financial Issues Due to Unemployment
- Successful Rehabilitation From Alcohol Dependency
- Consideration of Personal Circumstances in Criminal Conduct Cases