KEYWORD: Guideline F
DIGEST: The unchallenged findings support the Judge’ the Judge’s favorable whole person
analysis.  The Board need not agree withe Judge’s decision to find it sustainable.  Favorable
decision affirmed.
CASENO: 08-06856.a1
DATE: 01/21/2010
DATE: January 21, 2010
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-06856
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
Nichole Noel, Esq., Department Counsel
FOR APPLICANT
Thomas E. Higgins, Esq.
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On February 25, 2009, DOHA issued a statement of reasons (SOR) advising Applicant
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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 October 14, 2009, after the hearing, Administrative Judge Edward W.
Loughran granted Applicant’s request for a security clearance.  Department Counsel appealed
pursuant to Directive ¶¶  E3.1.28 and E3.1.30.
Department Counsel raised the following issue on appeal: whether the Judge substituted a
favorable credibility determination for record evidence.  Finding no error, we affirm.
The Judge found that Applicant is an engineer working for a Defense contractor.  He is the
deputy chief engineer on a major weapons system, a position he has held with defense contractors
since 1984.  A graduate of a service academy, he served as an officer and is a veteran of the Vietnam
War.  
Applicant’s wife developed a “severe gambling problem,” which resulted in financial
difficulties, including foreclosure on his home.  Applicant and his wife filed for Chapter 13
bankruptcy, but it was dismissed due to Applicant’s inability to maintain payments.  Applicant’s
SOR listed several delinquent debts, including the mortgage on their home, and the bankruptcy
action.  Applicant has paid off the debts listed in the SOR, as well as seven additional ones not listed.
He has received financial counseling, and his wife is receiving counseling for her gambling problem.
Applicant enjoys an excellent reputation for his job performance, his judgement, and his integrity.
These unchallenged findings support a favorable whole-person analysis.  Accordingly, we conclude
that the Judge’s decision is sustainable.  “The Board need not agree with a Judge’s decision in order
to find it sustainable.”  ISCR Case No. 06-23881 at 2 (App. Bd. Nov. 2, 2007).  
Order
The Judge’s favorable security clearance decision is AFFIRMED. 
Signed: Michael Y. Ra’anan          
Michael Y. Ra’anan
Administrative Judge
Chairman, Appeal Board
Signed: Jeffrey D. Billett              
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
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Signed: James E. Moody                   
James E. Moody
Administrative Judge
Member, Appeal Board