Summary
A 34-year-old defense contractor was denied a security clearance due to significant concerns across four guidelines: Personal Conduct, Financial Considerations, Drug Involvement, and Criminal Conduct. The denial stemmed from a history of unresolved debts, extensive criminal activity, and past drug use, with the judge finding no sufficient evidence of rehabilitation or responsible behavior.
The applicant had numerous delinquent debts totaling over $40,000, including telecommunication, credit card, student loan, medical, and automobile-related obligations. Additionally, the applicant was discharged from the Navy under other than honorable conditions in June 2001.
Allegations also included illegal drug use from 2001 to 2010, involving marijuana, cocaine, and methamphetamine, with some use occurring while holding a security clearance. The applicant also sold cocaine for profit from June to December 2005. His criminal record included convictions for selling controlled substances, battery, and driving under the influence, along with multiple arrests for driving on a suspended license. Furthermore, the applicant failed to provide correct information on his June 2013 security clearance application regarding past cocaine use, criminal charges, probation status, and drug or alcohol-related offenses.
Why the applicant was denied
- The applicant has numerous unresolved delinquent debts totaling over $40,000, indicating financial irresponsibility.
- The applicant has a history of drug abuse, including selling cocaine and using multiple illegal substances while holding a security clearance.
- The applicant's criminal record includes multiple offenses, such as drug distribution, DUI, and battery, demonstrating a pattern of poor judgment.
Conditions referenced
- F.1.araisedInability or Unwillingness to Satisfy Debts
- F.1.craisedA History of Not Meeting Financial Obligations
- H.1.araisedAny Drug Abuse
- H.1.braisedTesting Positive for Any Drug Use
- H.1.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- H.1.graisedAny Drug Use After Being Granted a Security Clearance
- J.1.araisedA Single Serious Crime or Multiple Lesser Offenses
- J.1.craisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- E.1.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.1.craisedCredible Adverse Information in Several Adjudicative Issue Areas
- F.2.brejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlWhile the applicant was unemployed for a period, he did not demonstrate responsible behavior to mitigate the financial issues.
- H.2.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's drug use was frequent and recent enough to raise ongoing concerns.
- J.2.drejectedThere Is Evidence of Successful RehabilitationThe applicant failed to provide sufficient evidence of rehabilitation or a favorable prognosis.
- E.2.arejectedThe Applicant Has Taken Steps to Mitigate the ConcernsThe applicant did not provide evidence of any effective steps taken to address his issues.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedApr 7, 2014
- Answer filedMay 6, 2014
- Hearing held—Decided on written record.
- Decision dateSep 10, 2014Decision issued after vacating the original decision.
Cite for
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Impact of Extensive Criminal History on Security Clearance Eligibility Under Guideline J
- Consideration of Drug Involvement and Personal Conduct in Security Clearance Decisions Under Guidelines H and E.