Summary
The applicant, a 42-year-old male with a history of financial difficulties, criminal conduct, drug involvement, alcohol consumption, and personal conduct issues, was denied eligibility for access to sensitive information. Despite mitigating some financial concerns, the applicant's extensive history of criminal behavior, ongoing substance abuse, and lack of evidence for rehabilitation led to the denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The debt in SOR ¶ 5.a ($1,700) occurred when Applicant failed to pay his taxes (4.a). The debt in SOR ¶ 5.b ($1,800) occurred when Applicant failed to pay his taxes (4.b). The debt in SOR ¶ 5.c is for a past-due mortgage ($8,419) (4.c). The debt in SOR ¶ 5.d ($40) occurred when Applicant’s automatic payment to his credit card stopped due to lack of funds (4.d). The debt in SOR ¶ 5.e ($269) was also an automatic payment that stopped when Applicant’s account did not have funds to make the payment (4.e). The debt in SOR ¶ 5.f ($159) was for a cell phone (4.f). Alcohol-related incidents away from work, such as driving under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent (4.a). Habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent (4.b). From 1990 to at least September 8, 2013, Applicant used marijuana with varying frequency (2.a). In March 2005, he used Oxycodone about once a day without a valid prescription (2.b). From 1994 to July 2002, he used cocaine about ten times (2.c). From January to December 2001, Applicant illegally used gamma-hydroxybutyric acid (GBH) for his personal consumption (2.d). In April 1991, Applicant was arrested and later found guilty of driving while impaired and was sentenced to probation for 12 months, and his driver’s license was suspended (1.a). In August 1992, he was arrested and later found guilty for operating a vehicle under the influence of alcohol and was sentenced to 30 days house arrest, probation for 12 months, fined $720, community service, attendance at Alcoholics Anonymous, and his driver’s license was suspended for two years (1.b). In August 1994, Applicant was arrested and charged with assault or battery on an officer, a third degree felony and obstruct without violence. He was placed in a pre-trial intervention program, which included three years’ probation, 25 hours of community service, and court costs (1.c). Applicant violated his probation when he was charged in June 1995 with fraudulent use of a credit card. His pre-trial intervention program was revoked. Adjudication was withheld, and he was placed on probation for three years. He was required to perform 100 hours of community service, and pay restitution and court costs (1.d). In March 1997, Applicant was arrested and charged with driving while intoxicated. He was found guilty and sentenced to 30 days in jail, required to serve 21 days, one year probation, court costs, and his driver’s license was revoked for ten years (1.e). In December 1998, Applicant was arrested for domestic battery. The charge was later dropped (1.f). In January 2004, Applicant was arrested for possession of marijuana. Adjudication of the charge was withheld upon payment of the fines imposed (1.g). In January 2013, Applicant was cited for failing to report an accident and careless driving. He received a fine (1.h).
The judge denied the clearance. The government raised disqualifying conditions J, H, G, E. The judge applied mitigating conditions F. The decision turned on the following: The applicant has a long history of criminal arrests and convictions, including multiple DUI offenses; The applicant has a history of illegal drug use, including marijuana, cocaine, and Oxycodone without a prescription; The applicant continues to consume alcohol excessively and has not demonstrated a pattern of responsible use or abstinence.
Why the Applicant Was Denied
- The applicant has a long history of criminal arrests and convictions, including multiple DUI offenses.
- The applicant has a history of illegal drug use, including marijuana, cocaine, and Oxycodone without a prescription.
- The applicant continues to consume alcohol excessively and has not demonstrated a pattern of responsible use or abstinence.
Conditions Referenced
- JraisedCriminal Conduct
- HraisedDrug Involvement
- GraisedAlcohol Consumption
- EraisedPersonal Conduct
- FappliedFinancial ConsiderationsThe applicant made a good-faith effort to resolve his delinquent debts.
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedFeb 25, 2014
- Answer filedApr 14, 2014
- Hearing heldJun 25, 2014
- Decision date—
Cite For
- Disqualifying Conditions Under Guidelines J, H, G, and E Due to Extensive Criminal History and Substance Abuse Issues
- Mitigating Conditions Under Guideline F for Financial Considerations
- The Importance of Demonstrating Rehabilitation and Responsible Behavior in Security Clearance Cases.