Summary
A 37-year-old unmarried fire and rescue engineer was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). These concerns stemmed from a history of excessive gambling and several unresolved debts.
The applicant faced allegations regarding six specific debts. These included a $1,860 debt to a finance company, paid in full by March 5, 2004; a $478 debt to a phone company, paid by March 25, 2004; a $119 debt to a gas company, paid by November 13, 2003; and a $13 debt to a cable company, paid by December 3, 2003. A $7,270 judgment from 1997 was satisfied by May 24, 1999, through wage garnishment. Additionally, a $1,747.27 debt to a credit card company, resulting from misuse of a government credit card in 1993, was being paid through payment plans and was anticipated to be resolved within months.
The applicant also admitted to a past gambling problem, with expenditures totaling approximately $38,000 between 1994 and 1998, and continued gambling through 2001. However, he demonstrated significant rehabilitation. He resolved all six alleged debts, sought professional assistance from a consumer credit counseling service in November 2003, and testified that his gambling behavior ceased in 2002, with estimated annual expenditures significantly reduced to $1,000-$1,500 in 2002 and 2003. The clearance was granted based on these mitigating factors and his demonstrated efforts to live within his means.
Why the applicant prevailed
- The applicant successfully resolved all six debts alleged in the SOR.
- He sought professional assistance from a consumer credit counseling service in November 2003.
- The applicant's gambling behavior ceased in 2002, and he has since lived within his means.
Conditions referenced
- E2.A6.1.2raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3raisedFinancial Problems That Are Linked to Gambling
- E2.A6.1.3.1appliedThe Behavior Was Not Recent
- E2.A6.1.3.4appliedThe Person Has Received Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedOct 3, 2003
- Answer filedOct 30, 2003
- Hearing heldFeb 23, 2004
- Decision dateFeb 14, 2005
Cite for
- Successful Rehabilitation of Financial Issues Under Guideline F
- Mitigating Conditions Related to Gambling Behavior
- Lack of a Pattern of Personal Conduct Violations Under Guideline E