Summary
The applicant, a 42-year-old electronic technician, faced security clearance denial due to excessive indebtedness and a criminal history involving methamphetamine use and possession. Despite evidence of some rehabilitation efforts, the judge found insufficient proof of reform to mitigate the security concerns.
Under Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Applicant admits that she is indebted to a creditor in the amount of approximately $4,597.00 for a delinquent account since August 1996. Due to financial hardship, the Applicant has been unable to make the payments (1.a). The Applicant admits that she is indebted to a creditor in the amount of $220.00 for a delinquent account. Due to financial hardship, the Applicant has been unable to make the payments (1.b). The Applicant admits that she is indebted to a creditor in the amount of approximately $7,779.00 for a delinquent account since September 1996. Due to financial hardship, the Applicant has been unable to make the payments (1.c). The Applicant admits that she was indebted to a creditor in the amount of $69.00 for a delinquent account since October 1999. The Applicant stated that she paid this debt (1.d). The Applicant admits that she is indebted to a creditor in the amount of $9,954.00 for a delinquent account since January 1997. Due to financial hardship, the Applicant has been unable to make the payments (1.e). The Applicant admits that she is indebted to a creditor in the amount of $378.00 for a delinquent account. Due to financial hardship, the Applicant has been unable to make the payments (1.f). The Applicant admits that she is indebted to a creditor in the amount of $4,457.00 for a delinquent account since July 1998. Due to financial hardship, the Applicant has been unable to make the payments (1.h). The Applicant admits that she was indebted to the state tax authority in the amount of $2,956.00 for a lien filed in March 2000. The Applicant submitted evidence indicating that the lien was released in December 2000 (1.i). The Government alleges that the Applicant is ineligible for clearance because she has abused illegal substances (3.a). The Government alleges that the Applicant is ineligible for clearance because she engaged in criminal conduct (2.a). The Applicant was arrested on December 26, 1996, and charged with (1) Possession of a controlled substance, a felony, (2) Possession of a controlled substance for sale, a felony, and (3) Under the influence of a controlled substance, a misdemeanor (2.b). On October 1, 1997, the Applicant was found guilty by a jury of counts 2 and 3 and was sentenced to probation for five years, to serve one year in custody of the county sheriff, to seek a drug counseling program and to continue until successful completion or termination by probation department, pay a fine of $50.00, a fee of $100.00 and penalty of $170.00, pay restitution of $200.00, and costs of $302.00 (2.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 1, AG ¶ 2. The decision turned on the following: The applicant has a history of excessive indebtedness totaling approximately $24,000, with no evidence of a good faith effort to pay off debts; The applicant was convicted of felony drug charges related to methamphetamine use and possession, demonstrating poor judgment and unreliability; The applicant's drug use spanned from 1996 to 1998, and while she completed a substance abuse program, the judge deemed her rehabilitation insufficient given the severity of her past conduct.
Why the Applicant Was Denied
- The applicant has a history of excessive indebtedness totaling approximately $24,000, with no evidence of a good faith effort to pay off debts.
- The applicant was convicted of felony drug charges related to methamphetamine use and possession, demonstrating poor judgment and unreliability.
- The applicant's drug use spanned from 1996 to 1998, and while she completed a substance abuse program, the judge deemed her rehabilitation insufficient given the severity of her past conduct.
Conditions Referenced
- AG ¶ 1raisedFinancial Considerations
- AG ¶ 2raisedCriminal Conduct
- AG ¶ 1raisedDrug Involvement
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedDec 4, 2001
- Answer filedJan 22, 2002
- Hearing heldApr 12, 2002
- Decision dateMay 23, 2002
Cite For
- Excessive Indebtedness as a Disqualifying Factor Under Guideline F
- Criminal Conduct as a Disqualifying Factor Under Guideline J
- Drug Involvement as a Disqualifying Factor Under Guideline H