KEYWORD: Guideline F
DIGEST: The record does not contain government exhibits 1-7.  Adverse decision remanded.
CASENO: 09-03760.a1
DATE: 07/16/2010
DATE: July 16, 2010
In Re:
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Applicant for Security Clearance
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ISCR Case No. 09-03760
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Barry W. Rorex, Esq.
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On November 3, 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
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requested a hearing.  On May 18, 2010, after the hearing, Administrative Judge Robert Robinson
Gales denied Applicant’s request for a security clearance.  Applicant appealed pursuant to Directive
¶¶  E3.1.28 and E3.1.30.
Applicant raised the following issues on appeal: whether the Judge failed to consider record
evidence favorable to Applicant; whether the Judge mis-weighed the record; and whether the Judge
erred in his conclusion that Applicant had not mitigated the security concerns in this case.
Consistent with the following discussion, we remand the case.
As a preliminary issue, we note that the record does not contain Government Exhibits 1-7,
the documents submitted by Department Counsel and admitted at the hearing.  Tr. at 13.  Without
a complete record we cannot perform appellate review.  Accordingly, we remand the case to the
Judge for the purpose of reconstructing the record in consultation with the parties.  Upon completion
of that task, the case file should be returned to the Board for processing of Applicant’s appeal in
accordance with the Directive.  
Order
The Judge’s adverse security clearance decision is REMANDED. 
Signed: Michael Y. Ra’anan        
Michael Y. Ra’anan
Administrative Judge
Chairperson, Appeal Board
Signed: William S. Fields                
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: James E. Moody                 
James E. Moody
Administrative Judge
Member, Appeal Board