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ISCR Case 19-02237 — CASE

ISCR Case 19-02237denied

Case Headnote

ISCR Case No. 19-02237

deniedMar 7, 2023· Hon. Moira D. Modzelewski· appeal

Summary

An applicant representing himself was denied a trustworthiness designation under Guideline F (Financial Considerations) due to eight delinquent debts. The Administrative Judge found against the applicant on six specific allegations related to these debts, citing Disqualifying Conditions F.3 and F.4.

The applicant's appeal of this decision was affirmed. The denial was upheld because the applicant did not assert any errors in the Administrative Judge's findings during the appeal process.

Consequently, the presence of multiple unresolved financial delinquencies, coupled with the applicant's failure to challenge the Judge's adverse findings, led to the final denial of the security clearance.

Why the Applicant Was Denied

The applicant had eight delinquent debts, which raised concerns under Guideline F.
The Administrative Judge found against the applicant on six allegations related to the debts.
The applicant did not assert any errors in the Judge's decision during the appeal.

Conditions Referenced

Disqualifying

F.3raisedFailure to Meet Financial Obligations
F.4raisedInability or Unwillingness to Satisfy Debts

Procedural Posture

Decision dateMar 7, 2023

Cite For

Denial of Trustworthiness Designation Under Guideline F Due to Delinquent Debts
Affirmation of Appeal When No Errors Are Asserted by the Applicant
Consideration of Multiple Delinquent Debts as a Significant Concern for Security Clearance

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

APPEARANCES

_______________________________________________ ) In the matter of: )

)

----- )

ADP Case No. 19-02237

)

) Applicant for Public Trust Position ) _______________________________________) DEPARTMENT OF DEFENSE DEFENSE LEGAL SERVICES AGENCY DEFENSE OFFICE OF HEARINGS AND APPEALS APPEAL BOARD POST OFFICE BOX 3656 ARLINGTON, VIRGINIA 22203 (703) 696-4759 Date: March 7, 2023

APPEAL BOARD DECISION

APPEARANCES

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a trustworthiness designation. On November 10, 2020, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision―trustworthiness concerns raised under Guideline F (Financial Considerations) of DoD Directive 5220.6 (January 2, 1992, as amended) (Directive). Applicant requested a hearing. On January 13, 2023, after the record closed, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Eric C. Price denied Applicant’s request for a trustworthiness designation. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. The SOR alleged that Applicant had eight delinquent debts. In responding to the SOR, Applicant denied each of the allegations and provided explanatory comments, including that he retained a debt resolution company. The Judge found against Applicant on six of the allegations.

Applicant’s appeal brief does not assert that the Judge committed any error. He does, however, indicate that he has evidence to submit if provided the opportunity. The Appeal Board is prohibited from considering new evidence. Directive ¶ E3.1.29. The Board does not conduct a de novo review of a case but rather is tasked to address material issues raised by the parties to determine whether the Judge committed harmful error. Directive ¶ E3.1.32. Because Applicant has not made such an allegation of error, the decision of the Judge denying him a trustworthiness designation is sustainable.

ORDER

The decision is AFFIRMED. Signed: James F. Duffy James F. Duffy Administrative Judge Chairperson, Appeal Board Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Member, Appeal Board Signed: Allison Marie Allison Marie Administrative Judge Member, Appeal Board