Summary
The applicant, a 51-year-old claims examiner for a Defense contractor, faced trustworthiness concerns under Guideline F (Financial Considerations), Guideline J (Criminal Conduct), and Guideline G (Alcohol Consumption) due to significant medical debt and a history of alcohol-related offenses. The applicant demonstrated that her financial difficulties were primarily due to extensive medical costs and that she had ceased alcohol consumption since 2005. The judge found that the applicant's current circumstances did not pose an unacceptable risk to national security, granting her eligibility for an ADP I/II/III position.
Under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant has a debt of $1,281 that was assigned for collection (1.a). Applicant has a debt of $438 that was assigned for collection (1.b). Applicant has a debt of $400 that was assigned for collection (1.c). Applicant has a debt of $30 that was assigned for collection (1.d). The applicant has a history of alcohol-related incidents, including multiple arrests for operating a vehicle while intoxicated (3.a).
The judge granted the clearance. The government raised disqualifying conditions FC DC 1, FC DC 3, CC DC 1, CC DC 2, AC DC 1. The judge applied mitigating conditions FC MC 3, FC MC 6, CC MC 1, CC MC 5, AC MC 2, AC MC 3. The decision turned on the following: The applicant's financial difficulties were largely due to unforeseen medical issues beyond her control; She demonstrated a commitment to sobriety and has not engaged in alcohol-related conduct since 2005; The applicant's medical condition and efforts to manage her debts indicated reliability and trustworthiness.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to unforeseen medical issues beyond her control.
- She demonstrated a commitment to sobriety and has not engaged in alcohol-related conduct since 2005.
- The applicant's medical condition and efforts to manage her debts indicated reliability and trustworthiness.
Conditions Referenced
- FC DC 1raisedA History of Not Meeting Financial Obligations
- FC DC 3raisedInability or Unwillingness to Satisfy Debts
- CC DC 1raisedAllegations or Admission of Criminal Conduct
- CC DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- AC DC 1raisedAlcohol-related Incidents Away From Work
- FC MC 3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- FC MC 6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- CC MC 1appliedThe Behavior Was Not Recent
- CC MC 5appliedThere Is Clear Evidence of Successful Rehabilitation
- AC MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
- AC MC 3appliedPositive Changes in Behavior Supportive of Sobriety
Key Rule Quoted
“"The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security."”
Procedural Posture
- SOR issuedAug 31, 2006
- Answer filedOct 23, 2006Notarized, but undated.
- Hearing held—Applicant did not request a hearing.
- Decision dateMar 19, 2007
Cite For
- Mitigating Conditions for Financial Difficulties Due to Medical Issues
- Successful Rehabilitation From Alcohol-related Conduct
- Trustworthiness Despite Past Criminal Conduct Related to Alcohol