KEYWORD: Guideline F
DIGEST: Applicant has a lengthy and serious history of not meeting financial obligations.  As of
the Hearing, Applicant still has a significant number of delinquent debts.  Adverse decision
affirmed.
CASENO: 07-08405.a1
DATE: 07/11/2008
DATE: July 11, 2008
In Re:
--------
Applicant for Security Clearance
)
)
)
)
)
)
)
)
ISCR Case No. 07-08405
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro Se
The Judge found in favor of Applicant as to SOR paragraphs 1(g), 1(h), 1(i), 1(j) and 1(q).  Those favorable1
findings are not at issue on appeal.  In his decision, the Judge noted that Applicant claimed to have made repayment
arrangements with her remaining creditors, but had not provided any documentation of those arrangements.  Decision
at 3.
2
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On October 10, 2007, 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 2, 2008, after the hearing, Administrative Judge Matthew E. Malone
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 Judge’s adverse clearance
decision is arbitrary, capricious or contrary to law.
 
Applicant asks that the Judge’s adverse decision be reversed, based on a general assertion
that it is “unfair.”  Applicant has not demonstrated that the Judge erred. 
The presence of some mitigating evidence does not alone compel the Judge to make a
favorable security clearance decision.  As the trier of fact, the Judge has to weigh the evidence as a
whole and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa.
See, e.g., ISCR Case No. 06-10320 at 2 (App. Bd. Nov. 7, 2007).  An applicant’s disagreement with
the Judge’s weighing of the evidence, or an ability to argue for a different interpretation of the
evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in
a manner that is arbitrary, capricious, or contrary to law.  See, e.g., ISCR Case No. 06-17409 at 3
(App. Bd. Oct. 12, 2007).
In this case, the Judge found that Applicant had a lengthy and serious history of not meeting
financial obligations.  At the time of the hearing, Applicant still had a significant number of
delinquent debts.  In light of the foregoing, the Judge could reasonably conclude that Applicant’s
financial problems were still ongoing.   See, e.g., ISCR Case No. 05-07747 at 2 (App. Bd. Jul. 3,
2007).  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
conditions and factors.  He found in favor of Applicant as to some of the SOR allegations.1
However, he 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.  After reviewing the record, the Board concludes that the Judge examined the relevant data
and articulated a satisfactory explanation for his decision, “including a ‘rational connection between
the facts found and the choice made.’” Motor Vehicle Mfrs. Ass’n of the United States v. State Farm
Mut. Auto. Ins. Co., 463 U.S. 29, 43 (1983) (quoting Burlington Truck Lines, Inc. v. United States,
371 U.S. 156, 168 (1962).  Therefore, the Judge’s ultimate unfavorable security clearance decision
under Guideline F is sustainable.
3
Order
The decision of the Judge denying Applicant a security clearance is AFFIRMED.
Signed: Michael Y. Ra’anan     
Michael Y. Ra’anan
Administrative Judge
Member, Appeal Board
Signed: Michael D. Hipple        
Michael D. Hipple
Administrative Judge
Member, Appeal Board
Signed: William S. Fields          
William S. Fields
Administrative Judge
Member, Appeal Board