A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 05-00708.a1

Appeal Board

Decided Sep 21, 2006 · Administrative Judge Jean E. Smallin · Appeal

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The appeal involved a challenge to the denial of a security clearance based on financial considerations. The Applicant argued that the Administrative Judge erred in concluding that the security concerns had not been mitigated. The Board affirmed the decision, finding the Judge's conclusions sustainable and not arbitrary or capricious.

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Applicant for Security Clearance

<HR>

ISCR Case No. 05-00708

APPEAL BOARD DECISION

APPEARANCES

FOR GOVERNMENT

Peregrine D. Russell-Hunter, Chief Department Counsel

FOR APPLICANT

Pro Se

The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On September 30, 2005, DOHA 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 hearing. On April 4, 2006, after the hearing, Administrative Judge

artin H. Mogul denied Applicant's request for a security clearance. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.

Applicant raised the following issue on appeal: whether the Administrative Judge erred by concluding that the security concerns raised under Guideline F had

not been mitigated.

Applicant contends that the Administrative Judge erred in concluding that the security concerns raised by her history of financial difficulties had not been

mitigated. In support of that contention, Applicant essentially reargues her case with respect to the evidence she presented below and also argues that the Judge

erred with respect to his findings about when she first sought counseling. The Board does not find Applicant's contention persuasive.

The findings which Applicant challenges are permissible characterizations by the Administrative Judge. Applicant has not met her burden of demonstrating

that the Judge's material findings with respect to her conduct of security concern do not reflect a reasonable or plausible interpretation of the record evidence.

Considering the record evidence as a whole, the Judge's material findings of security concern are sustainable.

In this case, the Administrative Judge found that Applicant had a lengthy history of not meeting financial obligations. At the time the case was submitted for

decision, Applicant still had significant outstanding debts. In light of the foregoing, the Judge reasonably concluded that Applicant's financial problems were

still ongoing. See ISCR Case No. 03-26213 at 2 (App. Bd. Aug. 23, 2006). The Judge weighed the mitigating evidence offered by Applicant against the length

and seriousness of the disqualifying conduct and considered the possible application of relevant mitigating conditions. The Judge articulated a rational basis for

not applying any mitigating conditions in this case, and reasonably explained why the evidence which the Applicant had presented in mitigation was

insufficient to overcome the government's security concerns. The Board does not review a case de novo. The favorable record evidence cited by Applicant is

not sufficient to demonstrate the Administrative Judge's decision is arbitrary, capricious, or contrary to law. See, e.g., ISCR Case No. 02-28041 at 4 (App. Bd.

June 29, 2005). Given the record that was before him, the Judge's ultimate unfavorable clearance decision under Guideline F is sustainable. Thus, the

Administrative Judge did not err in denying Applicant a clearance.

<CENTER>Order</CENTER>

The decision of the Administrative Judge denying Applicant a clearance is AFFIRMED.

Signed: Jean E. Smallin

Jean E. Smallin

Administrative Judge

Member, Appeal Board

Signed: William S. Harvey

William S. Fields

Administrative Judge

Member, Appeal Board

Signed: Mark W. Harvey

Mark W. Harvey

Administrative Judge

Member, Appeal Board</

Appearances

Applicant for Security Clearance

<HR>

ISCR Case No. 05-00708

APPEAL BOARD DECISION

APPEARANCES</S

Order

allin

Jean E. Smallin

Administrative Jud