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Summary

The applicant, a 33-year-old network engineer, faced security clearance denial under Guidelines E, F, G, and J due to a history of financial delinquencies, false statements on his security clearance application, and past alcohol-related incidents. Despite mitigating factors for alcohol consumption, the applicant's ongoing financial issues and lack of candor led to the conclusion that granting a clearance was not consistent with national interest.

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 falsified material facts on a security clearance application, dated January 23, 2001, on which he was required to respond to the following: 24. Your Police Record - Alcohol/Drug Offenses Have you ever been charged with or convicted of any offenses related to alcohol or drugs? Applicant answered "No," failing to list the DUI arrests in 1998, 1999, and 2000 (4.a). He also falsely answered the following question: Question 26. Your Police Record - Other Offenses In the last 7 years, have you been arrested or charged with, or convicted of any offense(s) not listed in modules 21, 22, 23, 24, or 25? He failed to list his arrest on September 28, 1997, for simple assault (4.b). In response to the following, "Question 38. Your financial delinquencies - 180 days In the last 7 years, have you been over 180 days delinquent on any debt(s)?", he answered "No" knowing that he had seven delinquent accounts: the state income tax lien of $3,118; collection accounts of $234, $300, and $35,254; and charged off accounts of $1,287, $1,998, and $39,919 (4.c). During a subject interview by a special agent of the Defense Security Service (DSS) on January 30, 2002, more than once Applicant denied ever having been arrested or detained by police, concealing the arrests in 1998, 1999, and 2000 (4.d). During the same interview, he denied his 1997 arrest for simple assault, claiming he had never been arrested in the city where he was charged (4.e). He denied knowledge, because he received probation on the one DUI case, and the assault case was dismissed. His attorney told him there would be nothing on his record and he believed that applied across the board (4.f). Owes state income tax in the amount of $3,118, for which a state tax lien was filed for that amount in March 2004 (1.a). Delinquent accounts in the amounts of $234, $300, and $35,254 (1.b). Department store account charged off in June 2000, in the amount of $1,287 (1.c). Credit union account charged off in October 2000, in the amount of $1,998 (1.d). Mortgage in the amount of $39,919, charged off in March 2001 (1.e). Filed a voluntary Chapter 13 bankruptcy petition on March 19, 2001, and it was dismissed on July 31, 2001, at the request of Applicant (1.f). Re-filed the Chapter 13 petition on October 25, 2001, and it was dismissed on January 25, 2002, for failure to attend the first meeting of creditors (1.g). New delinquent debts indicated are child support ($3,726), a credit instrument ($8,242), and cell phone ($805) (1.h). Claimed that all debts were paid except the debts for $35,254 and $39,919 (1.i). The applicant was arrested for DUI three times before he quit using alcohol in 2004 (2.a). The applicant successfully completed an Alcohol/DWI Education Treatment Program (2.b). The applicant consumed alcohol at times to excess and to the point of intoxication from about 1994 until at least April 2002 (2.c). The applicant stated he no longer drinks alcohol (2.d). The applicant has allowed delinquent debts to remain unpaid for over four years (2.e). Applicant was arrested for DUI three times, and for assault once before he quit using alcohol in 2004 (3.a). In addition to the arrests for DUI in 1998, 1999, and 2000, he was arrested on September 28, 1997, for assault after he jumped on the bumper of a lady's car to avoid being hit by a friend parking his car. The lady came running and screaming across the street so Applicant threw a cup of soda in her face. In court, he apologized and the case was dismissed (3.b).

The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A7.1.2.1, E2.A10.1.2.1, E2.A5.1.2.2, E2.A5.1.2.3. The judge applied mitigating conditions E2.A6.1.3.1, E2.A6.1.3.2, E2.A6.1.3.3, E2.A7.1.3.2, E2.A7.1.3.3, E2.A10.1.3.1, E2.A10.1.3.2. The decision turned on the following: The applicant has a history of unpaid debts and has allowed delinquent accounts to remain unresolved for over four years; He provided false information on his security clearance application and during interviews with investigators, undermining his credibility; The applicant's financial issues and lack of transparency raise doubts about his reliability and judgment.

Why the Applicant Was Denied

• The applicant has a history of unpaid debts and has allowed delinquent accounts to remain unresolved for over four years.
• He provided false information on his security clearance application and during interviews with investigators, undermining his credibility.
• The applicant's financial issues and lack of transparency raise doubts about his reliability and judgment.

Conditions Referenced

Key Rule Quoted

“No one has a 'right' to a security clearance.”

Procedural Posture

• SOR issuedJul 22, 2004
• Answer filedUndated
• Hearing heldN/ADecision made without a hearing.
• Decision dateNov 30, 2006

Cite For

• Denial Based on Financial Considerations Under Guideline F
• Impact of False Statements on Security Clearance Eligibility Under Guideline E
• Mitigating Factors for Alcohol Consumption Under Guideline G.