KEYWORD: Guideline F
DIGEST: The Judge’s material findings are supported by substantial evidence.  Favorable
decision affirmed.
CASENO: 08-08649.a1
DATE: 05/28/2010
DATE: May 28, 2010
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-08649
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
Alison O’Connell, Esq., Department Counsel
FOR APPLICANT
Pro se
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The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On May 28, 2009, 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 March 4, 2010, after the hearing, Administrative Judge Wilford H. Ross
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 issues on appeal: whether certain of the Judge’s
findings of fact were supported by substantial record evidence; whether the Judge erred in his
application of the Guideline F mitigating conditions; whether the Judge’s whole-person analysis was
in error; and whether the Judge erred by failing to amend the SOR to conform to the evidence
adduced at the hearing.  Finding no error, we affirm.
The Judge found that Applicant had numerous debts which had, for the most part, been paid
off at the time of the hearing.  These debts included several tax liens filed against Applicant by both
state and federal authorities.  One large debt, approximately $106,000, had not been satisfied.  It was
for money Applicant received from Child Protective Services (CPS) on behalf of certain of his minor
children.  This debt was, at the close of the record, being paid off pursuant to a court order.  The
Judge found that Applicant was current on this debt and that there was no basis in the record to
believe that Applicant had received the CPS payments improperly.  Applicant has stable employment
and is current on all his debts.
Although we acknowledge that there are ambiguities in the record concerning the
circumstances of Applicant’s debt to CPS, after examining the Judge’s material findings of security
concern we conclude that they are supported by substantial record evidence.  See, e.g., ISCR Case
No. 08-07528 at 2 (App. Bd. Dec. 29, 2009); ISCR Case No. 06-21025 at 2 (App. Bd. Oct. 9, 2007).
Department Counsel argues that we should remand the case to the Judge with instructions to amend
the SOR in order to address concerns that Applicant received the CPS funds illegally.  A Judge is
required to resolve all doubt in favor of national security.  Directive ¶ E2.2(b).  In an appropriate
case, this might entail amending the SOR to conform to the evidence adduced at a hearing.  See
ISCR Case 08-02404 at 5 (App. Bd. Jun. 5, 2009); Directive ¶ E3.1.17.  A Judge’s decision
regarding amending a SOR is reviewed for abuse of discretion.  ISCR Case No. 06-19544 at 3 (App.
Bd. May 28, 2008).  In the case under consideration here, the Judge made a sustainable finding that
the evidence was not sufficient to raise an issue of illegality underlying Applicant’s receipt of CPS
funds.  Accordingly, we conclude that he did not err in failing to amend the SOR.  
We have examined the Judge’s decision in light of the totality of the record evidence.  We
conclude that the Judge’s sustainable findings, summarized above, are sufficient to 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.
08-06856 at 2 (App. Bd. Jan. 21, 2010).  In light of this conclusion, we need not address the
remaining issue concerning the Judge’s analysis of the mitigating conditions. 
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Order
The Judge’s favorable security clearance decision is AFFIRMED.
Signed: Jeffrey D. Billett                
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: Jean E. Smallin                  
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: James E. Moody                      
James E. Moody
Administrative Judge
Member, Appeal Board