Summary
A 34-year-old divorced father of two sought a security clearance, which was ultimately granted despite concerns under Guideline F (Financial Considerations) and Guideline G (Alcohol Consumption). The applicant had a history of financial difficulties, including filing for Chapter 13 bankruptcy twice and Chapter 7 bankruptcy once. While one Chapter 13 petition was dismissed, he made payments on the second for two years before filing Chapter 7. He also had three credit card debts, one of which was settled in 2001. Another credit card with a $222 balance was scheduled for full payment in 2004, and he was making monthly payments on a third with a $1754 balance.
Regarding alcohol consumption, the applicant had two DUI arrests, which occurred a number of years prior. However, there was no indication of a recent problem, and he was not diagnosed with an alcohol use disorder.
The judge found that the applicant had made good-faith efforts to manage and repay his debts. His alcohol-related incidents were deemed isolated, and his current lifestyle and responsibilities supported his reliability and trustworthiness. Consequently, the judge determined that the applicant had mitigated the concerns related to his financial and alcohol-related issues, and his eligibility for a security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to manage and repay his debts after filing for bankruptcy.
- The applicant's alcohol-related incidents were isolated and he was not diagnosed with an alcohol problem.
- The applicant's current lifestyle and responsibilities support his reliability and trustworthiness.
Conditions Referenced
- F1raisedA History of Not Meeting Financial Obligations.
- F3raisedInability or Unwillingness to Satisfy Debts.
- G1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence.
- F3appliedThe 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).
- F4rejectedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control.
- F6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts.
- G2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem.
- G3appliedPositive Changes in Behavior Supportive of Sobriety.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
Procedural Posture
- SOR issuedAug 28, 2003
- Answer filedSep 18, 2003
- Hearing heldApr 6, 2004rescheduled from February 18, 2004
- Decision dateSep 24, 2004
Cite For
- Mitigation of Financial Concerns Under Guideline F Due to Good-faith Efforts to Repay Debts
- Mitigation of Alcohol Consumption Concerns Under Guideline G Due to Isolated Incidents and Positive Behavioral Changes
- Consideration of Personal Circumstances Such as Divorce Impacting Financial Stability