Summary
A 44-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of four DUI convictions and other serious traffic offenses, including driving with a suspended license, and received a bad conduct discharge from the U.S. Navy. He was also diagnosed with an alcohol use disorder, had engaged in habitual alcohol consumption, and had previously failed to comply with or complete alcohol treatment.
Financially, the applicant had several unresolved delinquencies. He failed to timely pay fines from 2000 criminal offenses, only recently entering a payment plan. A 2001 cable bill of $261 went to collection, though it was paid in 2003. A 2003 hospital bill for $337 remained unpaid and in collection. Additionally, he was delinquent on federal income taxes for 2001, 2002, and 2003, totaling $8,338.12 as of September 2004, with a repayment plan in place that would take several years to complete.
While the applicant demonstrated some mitigating efforts, such as completing an inpatient alcohol program, regularly attending AA meetings, and maintaining sobriety for over five years since his last offense, these were insufficient. The long history of misconduct, including criminal conduct, and significant unresolved financial obligations ultimately led to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant received a bad conduct discharge from the U.S. Navy.
- Applicant has four DUI convictions and multiple other traffic offenses.
- Applicant has significant unresolved financial obligations, including delinquent federal income taxes.
- Applicant failed to mitigate security concerns related to personal conduct and financial considerations.
Conditions Referenced
- DC 1raisedAlcohol-related Incidents Away From Work
- DC 5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
- DC 1raisedAllegations or Admission of Criminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC 1raisedA History of Not Meeting Financial Obligations
- DC 3raisedInability or Unwillingness to Satisfy Debts
- DC 4raisedPersonal Conduct or Concealment of Information
- DC 5raisedA Pattern of Dishonesty or Rule Violations
- MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- MC 3appliedPositive Changes in Behavior Supportive of Sobriety
- MC 1appliedThe Alcohol-related Incidents Do Not Indicate a Pattern
- MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- MC 1appliedThe Criminal Behavior Was Not Recent
- MC 6appliedThere Is Clear Evidence of Successful Rehabilitation
- MC 5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
Key Rule Quoted
“No one has a right to a security clearance and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedDec 21, 2004
- Answer filedFeb 23, 2005Second answer submitted after initial deficiency notice.
- Hearing heldJun 14, 2005
- Decision dateAug 15, 2005
Cite For
- Impact of a Bad Conduct Discharge on Security Clearance Eligibility
- Relevance of Unresolved Financial Obligations in Clearance Decisions
- Consideration of Past Alcohol-related Incidents in Assessing Current Eligibility for Clearance.