Summary
The applicant, a 47-year-old shipboard electrician, faced security clearance denial under Guidelines F (Financial Considerations) and J (Criminal Conduct) due to a history of criminal behavior, including multiple domestic violence incidents and financial delinquencies. The judge found insufficient evidence of rehabilitation and ongoing financial issues, leading to the denial of the security clearance.
Under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: a $130 debt referred for collection in June 2011 (2.a). a $56 debt referred for collection in June 2011 (2.b). a $285 debt referred for collection in January 2013 (2.c). a student loan placed for collection for $8,332 (2.d). a student loan placed for collection for $1,063 (2.e). a student loan placed for collection for $8,863 (2.f). In July 2012, Applicant was arrested for assault and battery of his wife (1.a). In September 2012, Applicant was arrested for assault and battery of his wife after another argument about her infidelity (1.b). In April 2006, he was charged with improper control of an automobile resulting in an accident (1.c). In February 1999, Applicant was charged with assault and battery of his live-in girlfriend (1.d). In August 2000, Applicant was charged with assault and battery of the same girlfriend, violating a protective order, and destruction of property (1.e). In December 1998, Applicant was charged with making a false statement in connection with a firearm purchase, a felony (1.f). In September 1993, Applicant was charged with driving on a suspended license (1.g). In March 1997, Applicant was charged with possession of marijuana (1.h). In February 1998, Applicant was charged with driving on a suspended license (1.i). In October 1987, Applicant was charged with grand theft of an auto (1.j).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 31(a), AG ¶ 31(c), AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 32(a), AG ¶ 20(a). The decision turned on the following: The applicant had multiple criminal convictions, including domestic violence incidents and driving offenses; The applicant's financial history included unresolved debts and a pattern of financial irresponsibility; The applicant's claims of rehabilitation were not supported by sufficient time elapsed since the last incidents.
Why the Applicant Was Denied
- The applicant had multiple criminal convictions, including domestic violence incidents and driving offenses.
- The applicant's financial history included unresolved debts and a pattern of financial irresponsibility.
- The applicant's claims of rehabilitation were not supported by sufficient time elapsed since the last incidents.
Conditions Referenced
- AG ¶ 31(a)appliedCriminal Conduct - Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedCriminal Conduct - Allegation or Admission of Criminal Conduct
- AG ¶ 19(a)appliedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedFinancial Considerations - History of Not Meeting Financial Obligations
- AG ¶ 32(a)rejectedCriminal Conduct - Time Elapsed Since Criminal BehaviorInsufficient time has passed since the last incidents to establish rehabilitation.
- AG ¶ 20(a)rejectedFinancial Considerations - Behavior Happened so Long AgoFinancial issues are ongoing and have not been resolved.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedNov 6, 2014
- Answer filedDec 17, 2014
- Hearing heldMar 24, 2015
- Decision dateJun 19, 2015
Cite For
- Denial Based on Multiple Criminal Convictions Under Guideline J
- Denial Due to Unresolved Financial Obligations Under Guideline F
- Insufficient Evidence of Rehabilitation Despite Claims of Personal Reform