Summary
The applicant, a 35-year-old security guard with a history of financial delinquencies and personal conduct issues, faced security clearance concerns under Guidelines E and F. Despite some positive character references, the applicant's failure to disclose significant debts and his history of DUI arrests led to the denial of his security clearance application.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant was arrested for DUI in April 2008 (2.a). Applicant was arrested for DUI in July 2009 (2.b). Applicant was arrested for contempt of court by failing to complete an alcohol-awareness program (2.c). Applicant falsified his SCA by failing to disclose the delinquent debts alleged in SOR ¶¶ 1.a-1.k (2.d). indebtedness to U.S. Government, charged off in June 2010 ($7,454) (1.a). unpaid fines for DUI offenses, charged off in March 2010 ($1,238) (1.b). unpaid fines for DUI offenses, charged off in September 2010 ($2,027) (1.c). parking ticket, referred for collection in August 2011 ($116) (1.d). medical bill, referred for collection in January 2011 ($25) (1.e). utility bill, referred for collection in January 2013 ($81) (1.f). medical bill, referred for collection in August 2010 ($265) (1.g). student loans, referred for collection in August 2013 ($4,740) (1.h). student loans, referred for collection in August 2013 ($3,111) (1.i). insurance premiums, referred for collection in February 2014 ($291) (1.j). insurance premiums, referred for collection in April 2014 ($100) (1.k).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 16(a), AG ¶ 16(c), AG ¶ 16(e). The judge applied mitigating conditions AG ¶ 20(d), AG ¶ 17(d), AG ¶ 17(e). The decision turned on the following: The applicant failed to disclose multiple delinquent debts on his security clearance application, which undermined his credibility; The applicant has a history of two DUI arrests and a contempt of court charge, indicating questionable judgment and reliability; The applicant did not provide sufficient evidence to mitigate the financial concerns raised by the government.
Why the Applicant Was Denied
- The applicant failed to disclose multiple delinquent debts on his security clearance application, which undermined his credibility.
- The applicant has a history of two DUI arrests and a contempt of court charge, indicating questionable judgment and reliability.
- The applicant did not provide sufficient evidence to mitigate the financial concerns raised by the government.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Steps Taken to Alleviate Issues
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedJan 30, 2015
- Answer filedMar 20, 2015
- Hearing heldAug 25, 2015
- Decision dateOct 8, 2015
Cite For
- Failure to Disclose Debts as a Disqualifying Factor Under Guideline E
- Impact of Personal Conduct Issues on Security Clearance Eligibility
- Criteria for Evaluating Financial Considerations Under Guideline F