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ISCR Case 14-05382.a1 — CASE

ISCR Case 14-05382.a1denied

Case Headnote

ISCR Case No. 14-05382.a1

Jan 25, 2017· Hon. Michael Y. Ra'anan· appeal

Summary

A defense contractor, employed since 2001, was denied a security clearance under Guideline F (Financial Considerations) due to multiple delinquent debts, including student loans and medical accounts. The judge determined that the applicant did not demonstrate responsible action concerning these debts and failed to provide adequate documentation regarding their underlying circumstances or efforts to resolve them. Additionally, computational errors were identified in the applicant's submitted financial information.

The denial was based on Disqualifying Condition AG ¶ 20(a). The judge concluded that the applicant did not sufficiently rebut the presumption that all evidence was considered.

The appeal board affirmed the denial, underscoring the necessity of financial responsibility for individuals holding security clearances.

Conditions Referenced

Disqualifying

AG ¶ 20(a)raisedFinancial Considerations

Key Rule Quoted

“The general standard is that a clearance may be granted only when ‘clearly consistent with the interests of the national security.’”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 15, 2014
Answer filed—
Hearing heldSep 6, 2016
Decision dateJan 25, 2017

Cite For

Importance of Financial Responsibility Under Guideline F
Failure to Provide Sufficient Documentation Regarding Debts
Affirmation of Denial Based on Lack of Responsible Action Regarding Finances

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

Appeal at a glance· Full written decision

Affirmed

The appeal was filed by the applicant after the Administrative Judge denied her request for a security clearance based on financial considerations under Guideline F. The applicant argued that the Judge's decision was arbitrary and capricious. The Board affirmed the decision, finding no harmful error in the Judge's analysis.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowPaul J. Mason — denied the clearance

Decided onthe written record

Guidelines belowGuideline F

What the Board reviewed

Decision arbitrary, capricious, or contrary to law — raised by the applicantRejected
Applicant argued that the Judge's adverse decision was arbitrary, capricious, or contrary to law.

Why the Board ruled this way

The Board found that the Judge did not weigh the evidence in an arbitrary or capricious manner and that the decision was supported by substantial evidence. The applicant did not provide sufficient documentation to rebut the Judge's findings regarding her financial responsibility.

Standard of review applied

Harmful-error gatekeeperSubstantial-evidence reviewArbitrary-and-capricious reviewProcedural complianceNo de-novo re-decisionNo new evidence on appealDeference to the judge’s credibility calls

Appeal Board panel

Michael Ra’anan — Chair
James E. Moody
James F. Duffy

Descriptive structured reading of this decided, public Appeal Board decision — what the case says, not a prediction or advice.

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

SYNOPSIS

KEYWORD: Guideline F DIGEST: Applicant’s brief includes evidence from outside the record, which we cannot consider. Directive ¶ E3.1.29. She cites to her various claims of debt payment and to other matters in the record. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. . Neither has she shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. The Directive does not permit us to consider the impact of an unfavorable decision. Adverse decision affirmed. CASENO: 14-05382.a1 DATE: 01/25/2017 DATE: January 25, 2017 In Re: ----------

Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-05382

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 security clearance. On December 15, 2014, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision–security concerns raised under Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On September 6 2016, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Paul J. Mason denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant raised the following issue on appeal: whether the Judge’s adverse decision was arbitrary, capricious, or contrary to law. Consistent with the following, we affirm. The Judge’s Findings of Fact Applicant has worked for a Defense contractor since 2001 and has held a clearance since then. Her SOR lists numerous delinquent debts, such as student loans, a car loan, medical accounts, a debt to an on-line university, etc. Applicant did not provide documentation regarding the circumstances underlying her debts and/or her efforts to resolve them. Though Applicant provided no particular reason that she fell into debt, the Judge surmised that her problems likely resulted from a leave of absence from her job in late 2010. He found that Applicant’s information about her income, expenses, etc, did not appear to be correct, in that they contained computational errors. Applicant has never had financial counseling. The Judges’ Analysis The Judge stated that Applicant had not demonstrated responsible action in regard to her debts. He stated that her only documented payments were a garnishment action for one of the debts and a single payment to a bank, despite Applicant’s continued employment since 2001. He stated that her having held a clearance for many years should have put her on notice of the importance that the Government attaches to financial responsibility. Indeed, Applicant’s clearance interview, conducted in 2011, addressed her delinquent debt, from which she should have recognized her duty to put her financial house in order.

DISCUSSION

Applicant’s brief includes evidence from outside the record, which we cannot consider. Directive ¶ E3.1.29. She cites to her various claims of debt payment and to other matters in the record. Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. See, e.g., ISCR Case No. 15-02854 at 2 (App. Bd. Nov. 22, 2016). Neither has she shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. See, e.g., ISCR Case No. 14-06686 at 2 (App. Bd. Apr. 27, 2016). Applicant notes that her continued employed is contingent upon retention of her clearance. The Directive does not permit us to consider the impact of an unfavorable decision. See, e.g., ISCR Case No. 14-02619 at 3 (App. Bd. Apr. 7, 2016). The Judge examined the relevant evidence and articulated a satisfactory explanation for the decision. The decision is sustainable on this record. “The general standard is that a clearance may be granted only when ‘clearly consistent with the interests of the national security.’” Department of the Navy v. Egan, 484 U.S. 518, 528 (1988). See also Directive, Enclosure 2 ¶ 2(b): “Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”

ORDER

The Decision is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board