ISCR Case No. 16-01415.h1

DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS

In the matter of: ) ) ADP1 Case No. 16-01415 ) ) Applicant for a Public Trust Position )

For Government: Adrienne Driskill, Esq., Department Counsel For Applicant: Pro se

February 28, 2017

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Goldstein, Jennifer I., Administrative Judge:

Applicant submitted an Electronic Questionnaire for Investigations Processing (e- QIP) on August 20, 2015. On August 21, 2016, after reviewing the application and information gathered during a background investigation, the Department of Defense Consolidated Adjudications Facility issued a statement of reasons (SOR) detailing the trustworthiness concerns under Guideline F (Financial Considerations) concerning Applicant. The action was taken under Executive Order 10865, Safeguarding Classified Information Within Industry (February 20, 1960), as amended; Department of Defense Directive 5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 1992), as amended (Directive); and the adjudicative guidelines (AG) effective within the Department of Defense on September 1, 2006.

Applicant answered the SOR in writing on August 29, 2016, and requested a hearing before an administrative judge. The case was assigned to me on December 5, 2016. The hearing was held as scheduled on February 7, 2017. The Government offered Government Exhibits 1 through 5, which were admitted without objection. Applicant testified on his own behalf and submitted Applicant Exhibits A through D, which were also admitted without objection. The record was left open for receipt of additional documentation. On February 21, 2017, Applicant presented AE E, which was admitted without objection.

After reviewing the record, I proposed to the parties that this case was appropriate for a summary disposition in Applicant’s favor.2 Applicant did not object. Department Counsel provided written notice on February 21, 2017, that Department Counsel did not object. (Hearing Exhibit I.)

Applicant filed Chapter 7 bankruptcy in December 2013. All of his listed debts but his tax liens were discharged in 2014. He remained indebted to a state government for two tax liens totaling $8,985, and to the Federal government on a 2011 tax lien totaling $11,023. However, he presented documentation that shows all state and Federal tax liens have been fully resolved. Based on the record evidence as a whole, I conclude that Department Counsel presented sufficient evidence to establish the facts alleged in the SOR under Guideline F. In particular, I conclude that the security concerns are resolved under the following mitigating conditions: AG ¶¶ 20(a), 20(b), 20(c), and 20(d).

The concerns over Applicant’s history of financial problems do not create doubt about his current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered whether the favorable evidence outweighed the unfavorable evidence or vice versa. I also gave due consideration to the whole-person concept.

Accordingly, I conclude that Applicant met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him eligibility for access to sensitive information. This case is decided for Applicant. Eligibility for access to sensitive information is granted.

Jennifer I. Goldstein Administrative Judge

1 The SOR was amended at hearing to reflect that this was an ADP case and not an ISCR case. 2 Summary Disposition is appropriate in cases where the undisputed evidence justifies a favorable decision of the case, with no potential appellate issues. This decision is issued in accordance with instructions from the Director, DOHA, contained in an email dated November 12, 2016.