Summary
The applicant, a 32-year-old pipe fitter, faced security concerns under Guidelines J (Criminal Conduct) and F (Financial Considerations) due to multiple DWI convictions and unresolved financial debts. While the applicant successfully mitigated the criminal conduct concerns, he failed to mitigate the financial concerns, leading to a denial of his security clearance application.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: a $475 judgment entered against him in October 2010 (2.a). a $1,027 judgment entered in November 2010 (2.b). a $806 judgment entered in August 2008 (2.c). a $781 judgment entered in December 2008 (2.d). a medical collection account for $274 (2.e). a medical collection account for $165 (2.f). five student loans totaling $64,832, on which payment is deferred (2.g). The applicant was convicted of driving while intoxicated (DWI) in January 2010 and fined $2,000. He denied being jailed for 30 days and placed on probation for 12 months, as alleged in SOR ¶ 1.a (1.a). The applicant was charged with DWI in November 2011, convicted in April 2012, and sentenced to 30 days in jail, to be served on weekends. He disclosed that he was fined $2,500, required to attend alcohol education classes, required to obtain 40 hours of counseling, and was on probation until his fines and court costs were paid. This conviction is alleged in SOR ¶ 1.b (1.b). The applicant was charged with a probation violation for not paying his fine and court fees on time. His probation was extended for 12 additional months to enable him to pay his fine and fees. This probation violation is alleged in SOR ¶ 1.c (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 32(a), AG ¶ 32(d), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant has numerous unresolved debts and has not made efforts to contact creditors or establish payment plans, indicating a lack of financial responsibility.
Why the Applicant Prevailed
- The applicant demonstrated evidence of successful rehabilitation regarding his criminal conduct, including a significant period without further incidents and positive community involvement.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlWhile some financial issues were due to circumstances beyond the applicant's control, he did not take proactive steps to resolve his debts.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant has not resolved his financial problems despite seeking advice.
- AG ¶ 20(d)rejectedInitiated a Good-faith Effort to Repay Overdue CreditorsThe applicant has not made any payments or agreements with creditors.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedOct 2, 2014
- Answer filedDec 23, 2014
- Hearing heldMar 23, 2015
- Decision dateMay 29, 2015
Cite For
- Mitigation of Criminal Conduct Under Guideline J
- Failure to Mitigate Financial Concerns Under Guideline F
- Consideration of Whole-person Factors in Security Clearance Decisions