Summary
A 45-year-old defense contractor and honorably discharged Navy veteran was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant faced allegations of approximately $40,700 in seven delinquent debts, one of which was the subject of a civil judgment. Additionally, the government alleged two alcohol-related arrests: one in November 2009 for acting in a manner injurious to a child and resisting arrest, and another in July 2010 for driving while intoxicated.
For the 2009 arrest, the applicant was ordered to attend a parenting course and undergo an alcohol abuse evaluation. For the 2010 arrest, he was convicted in February 2011, fined, and ordered to complete a Drinking Driver program as part of a one-year conditional discharge.
While the judge found that the criminal conduct was mitigated by the passage of time and the completion of court requirements, the applicant failed to demonstrate sufficient efforts to resolve his financial issues. Specifically, he did not provide evidence of filing for Chapter 13 bankruptcy or making timely payments under a wage earner’s plan, and his financial issues were not sufficiently mitigated by circumstances beyond his control. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has approximately $40,700 in unresolved delinquent debt, including a civil judgment.
- The applicant did not provide evidence of filing for Chapter 13 bankruptcy or making timely payments under a wage earner’s plan.
- The applicant's financial issues were not sufficiently mitigated by circumstances beyond his control.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(e)raisedViolation of Parole or Probation, or Failure to Complete a Court-mandated Rehabilitation Program
- 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)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant did not establish that his debts were caused by circumstances beyond his control.
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedNov 20, 2012
- Answer filed—Applicant requested a decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateMay 22, 2013
Cite For
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Mitigation of Criminal Conduct Under Guideline J Due to Completion of Court Requirements
- Impact of Financial Irresponsibility on Security Clearance Eligibility