Summary
A 32-year-old male applicant, who received a general discharge from the U.S. Army, was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant admitted to numerous allegations, including significant delinquent debts totaling over $20,000 and a conviction for cocaine possession.
Specific financial issues included an unpaid credit card judgment from May 2008, multiple medical accounts with no recent payment activity between March 2010 and April 2014, past-due child support transferred for collection in April 2014, and an outstanding military student loan with no activity since November 2009. Criminal conduct allegations included a UCMJ charge for desertion beginning September 6, 2007, an Article 15 for being absent without leave, and various arrests for offenses such as burglary, theft, disorderly conduct, and introducing contraband into a prison, though some charges were dismissed.
The applicant also admitted to drug involvement, including using narcotics between February and April 2008, and a conviction for possession of cocaine in August 2008, for which he pled guilty in November 2008 after being arrested for possessing seven grams of cocaine intended for resale. Despite admitting to these issues, the applicant failed to provide sufficient evidence of rehabilitation or mitigation, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's unsubstantiated statements in mitigation were insufficient to overcome the evidence of financial issues, criminal conduct, drug involvement, and personal conduct.
- The applicant admitted to multiple allegations, including delinquent debts and a conviction for drug possession, without providing corroborating evidence of rehabilitation or resolution of issues.
Conditions Referenced
- AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct
- AG ¶ 25(c)appliedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Areas
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 32(a)rejectedSo Much Time Has Passed Since the Criminal Behavior HappenedThe applicant's criminal conduct pattern raised ongoing security concerns.
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's recent history of criminal conduct and drug involvement indicated a likelihood of recurrence.
Key Rule Quoted
“The applicant bears the ultimate burden of persuasion in demonstrating that he warrants a favorable security clearance decision.”
Procedural Posture
- SOR issuedJun 15, 2015
- Answer filedJul 16, 2015Applicant chose to proceed pro se.
- Hearing held—Case decided on the administrative record.
- Decision dateApr 27, 2016
Cite For
- Insufficient Evidence to Mitigate Financial Issues Under Guideline F
- Pattern of Criminal Conduct Impacting Security Clearance Under Guideline J
- Drug Involvement Leading to Disqualification Under Guideline H