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ISCR Case 08-05959 — CASE

ISCR Case 08-05959denied

Case Headnote

ISCR Case No. 08-05959

deniedAug 19, 2009· Hon. Jeffrey D. Billett· appeal

Summary

A federal contractor employee was denied a trustworthiness designation under Guideline F (Financial Considerations) due to significant delinquent debts and a lack of financial management. The applicant had approximately $30,770 in delinquent debt, in addition to about $200,000 in student loans. Disqualifying conditions were raised under AG ¶ 20.

The denial stemmed from the applicant's failure to maintain a budget and a history of not following through on commitments to address her debts. Although the applicant claimed to have taken mitigating actions, these claims lacked corroborating evidence.

Ultimately, the judge determined that the applicant's evidence was insufficient to overcome the presumption that all evidence had been considered, leading to the denial of the trustworthiness designation.

Why the Applicant Was Denied

The applicant had approximately $30,770 in delinquent debt and about $200,000 in student loans.
The applicant did not maintain a budget and had not followed through on promises to address her debts.
The applicant's claims of mitigating actions were not supported by corroborating evidence.

Conditions Referenced

Disqualifying

AG ¶ 20raisedFinancial Considerations

Key Rule Quoted

“A judge is presumed to have considered all the record evidence.”

Procedural Posture

SOR issuedFeb 27, 2009
Answer filed—
Hearing heldJun 16, 2009
Decision dateAug 19, 2009

Cite For

Insufficient Rebuttal of Presumption of Evidence Consideration
Financial Irresponsibility Under Guideline F
Lack of Budgeting as a Disqualifying Factor

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

SYNOPSIS

KEYWORD: Guideline F DIGEST: A judge is presumed to have considered all the record evidence. Applicant’s presentation was insufficient to rebut that presumption. Adverse decision affirmed. CASENO: 08-05959 DATE: 08/19/2009 DATE: August 19, 2009 In Re: ------ Applicant for Public Trust Position ) ) ) ) ) ) ) ) ADP Case No. 08-05959

APPEAL BOARD DECISION

APPEARANCES

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro Se The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a trustworthiness designation. On February 27, 2009, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision–trustworthiness concerns raised under Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On June 16, 2009, after the hearing, Administrative Judge Carol G. Ricciardello denied Applicant’s request for a trustworthiness designation. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant raised the following issue on appeal: whether the Judge’s adverse trustworthiness determination is arbitrary, capricious, or contrary to law. Finding no error, we affirm. The Judge made the following pertinent findings of fact: Applicant works for a federal contractor in administrative support. Her husband is in the military. Applicant has approximately $30,770 in delinquent debt. She also has about $200,000 in student loans. Three of the debts alleged in the SOR are for student loans in collection status, although the Judge noted that Applicant’s credit report appears to have contradictory information about the status of the student loans. Other debts alleged in the SOR are for credit card debts, an automobile repossession, a state tax lien, and other similar matters. Although Applicant handles the family money, she does not maintain a budget. She has experienced periods of unemployment in the recent past. Applicant’s character references describe her as trustworthy, dependable, and loyal. They state that she has a strong work ethic. Applicant contends that the Judge did not consider significant record evidence, such as various steps which she has taken to reduce her debt load. However, a Judge is presumed to have considered all the evidence in the record. The matters which Applicant has presented in her brief are not sufficient to rebut that presumption. See, e.g., ISCR Case No. 07-00196 at 3 (App. Bd. Feb. 20, 2009) and ISCR Case No. 07-00553 at 2 (App. Bd. May 23, 2008). The record demonstrates that the Judge addressed the evidence which Applicant submitted in her own behalf. However, the Judge also considered record evidence that Applicant does not maintain a budget, that she has not followed through on promises to address her debts, and that she has not had financial counseling. The Judge also noted that Applicant’s claim to have disputed various debts was not supported by corroborating evidence. The Board concludes that the Judge has “articulate[d] a satisfactory explanation for her conclusions, including a rational connection between the facts found” and her ultimate adverse decision. See ADP Case No. 06-12901 at 4 (App. Bd. Jul. 31, 2007). The Judge’s decision is sustainable on this record.

ORDER

The Judge’s adverse trustworthiness decision is AFFIRMED. Signed: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board