Summary
The applicant, a 36-year-old man employed as an insulator and a former member of the U.S. Navy Reserve, faced security concerns under Guidelines E, F, G, and J due to a history of financial difficulties, alcohol-related incidents, and criminal conduct. Despite these concerns, the judge found that the applicant had mitigated the issues through evidence of good faith efforts to resolve debts and a significant period without recent criminal behavior, resulting in a granted security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant filed for protection under Chapter 7 of the bankruptcy code in January 2002 and obtained a discharge in May 2002 (1.a). The first two are to the same creditor, one in the amount of $1,076.00 and the other in the amount of $1,066.00 (1.b). The debt listed in subparagraph 1.c. in the amount of $171.00 remains unpaid (1.c). The last alleged debt, a utility bill owing in the amount of $112.00, has been paid in full (1.d). Although not alleged in the SOR, Applicant is indebted to the Internal Revenue Service (IRS) in the amount of $10,695.76 for delinquent income taxes for the years 2000-02 (1.e). The applicant has been arrested on several occasions for alcohol-related incidents, including domestic assault charges (3.a). The applicant was convicted in May 1995 and June 1995 of being drunk in public (3.b). The applicant admits he consumed alcohol before the 1995 offenses, although he denies being intoxicated or that his consumption of alcohol precipitated the incidents (3.c). The applicant has been arrested on several occasions for alcohol-related incidents, including domestic assault charges (2.a). He was charged once in 1992, twice in 1995, and once in 1999 with either assault or domestic assault arising from arguments with his wife (2.b). He was convicted in May 1995 and June 1995 of being drunk in public, and received minimal fines on both occasions (2.c). He was required to obtain counseling following the 1992 arrest, and to attend an anger management class after the 1999 arrest (2.d). He was charged with another domestic violence offense involving a woman other than his wife in December 2002, which was dismissed (2.e). He has not been arrested for any of the offenses alleged in the SOR for nearly six years, and the last offense that was not alleged was two years ago and the charges were dismissed (2.f).
The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 3, DC 2. The judge applied mitigating conditions MC 3, MC 6, MC 1, MC 2. The decision turned on the following: The applicant demonstrated a good faith effort to resolve his financial obligations, including entering into a repayment agreement with the IRS; There was a significant period without recent criminal behavior, with the last arrest occurring nearly six years prior to the decision; The applicant's explanations for past conduct were deemed credible, and no disqualifying conditions were found to apply.
Why the Applicant Prevailed
- The applicant demonstrated a good faith effort to resolve his financial obligations, including entering into a repayment agreement with the IRS.
- There was a significant period without recent criminal behavior, with the last arrest occurring nearly six years prior to the decision.
- The applicant's explanations for past conduct were deemed credible, and no disqualifying conditions were found to apply.
Conditions Referenced
- DC 1raisedA History of Not Meeting Financial Obligations
- DC 3raisedInability or Unwillingness to Satisfy Debts
- DC 1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use
- MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control (e.g., Loss of Employment, a Business Downturn, Unexpected Medical Emergency, or a Death, Divorce or Separation)
- MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- MC 1appliedThe Criminal Behavior Was Not Recent
- MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
Key Rule Quoted
“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedDec 4, 2003
- Answer filedJan 26, 2004Deficient answer resubmitted on March 2, 2004.
- Hearing heldDec 16, 2004
- Decision dateFeb 15, 2005
Cite For
- Mitigation of Financial Issues Due to Personal Circumstances Under Guideline F
- Credibility of Applicant's Explanations for Past Conduct Under Guideline E
- Absence of Recent Criminal Behavior as a Mitigating Factor Under Guideline J