KEYWORD: Guideline F
DIGEST: Applicant failed to show that the Judge weighed the evidence in a manner that was
arbitrary, capricious, or contrary to law.  Adverse decision affirmed.  
CASE NO: 15-04153.a1
DATE: 09/20/2016
DATE: September 20, 2016
In Re:
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Applicant for Security Clearance
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ISCR Case No. 15-04153
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro se
The Department of Defense (DoD) declined to grant Applicant a security clearance.  On
November 25, 2015, DoD 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 June 20, 2016, after the hearing, Defense Office of Hearings and Appeals (DOHA)
Administrative Judge Shari Dam denied Applicant’s request for a security clearance.  Applicant
appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30.
Applicant raised the following issue on appeal: whether the Judge weighed the evidence in
a manner that was arbitrary, capricious, or contrary to law.  Consistent with the following, we affirm.
The Judge’s Findings of Fact
Applicant has two children from a former marriage.  One of them lives with him, although
there is no formal custody agreement.  Applicant has a master’s degree.  He served in the military
from 1986 to 2007, retiring as an E-6.  He has worked for his current employer since 2013, earning
$92,000 a year.  He was unemployed from November 2012 until July 2013.  
Applicant’s SOR lists several financial delinquencies.  He failed to file his federal and state
tax returns for 2010 through 2014.  He owes nearly $24,000 in unpaid child support, has a judgment
against him for $4,600 for rent owed a former landlord, and has two collection accounts for unpaid
medical bills.  In 2001, Applicant was discharged in Chapter 7 bankruptcy.  He stated that he and
his former wife were living beyond their means.
Applicant attributed his financial problems to procrastination.  Although he contacted a tax
assistance company to help him resolve his tax problems, he could not afford the required fee.  He
presented no workable plan for resolving his debts, nor did he provide a budget that would provide
insight into his ability to resolve his debts and avoid future difficulties.
The Judge’s Analysis
Applicant has acquired his delinquent debts after his 2001 bankruptcy discharge.  He was
unemployed for several months, but he did not provide sufficient evidence of responsible action. 
He provided no evidence of circumstances beyond his control that prevented him from filing his tax
returns.  He has received no credit counseling, nor has he shown that his financial problems are
under control.  He has not established a track record of financial responsibility.  Applicant does not
defend his irresponsibility, admitting that he failed to file his tax returns due to procrastination.  
Discussion
Applicant states that many of his problems were out of his control.  He also states that he is
trying to have his child support reduced and that he is in the process of taking care of his tax returns. 
This argument is not enough to undermine the Judge’s material findings of fact, nor to show that the
Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law.  See, e.g.,
ISCR Case No. 14-06686 at 2 (App. Bd. Apr. 27, 2016).
The Judge examined the relevant data and articulated a satisfactory explanation for the
decision.  The decision is sustainable on this record.  “The general standard is that a clearance may
be granted only when ‘clearly consistent with the interests of the national security.’”  Department
of the Navy v. Egan, 484 U.S. 518, 528 (1988).  See also Directive, Enclosure 2 ¶ 2(b):  “Any doubt
concerning personnel being considered for access to classified information will be resolved in favor
of the national security.”
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Order
The Decision is AFFIRMED.    
Signed: Michael Y. Ra’anan        
Michael Y. Ra’anan
Administrative Judge
Chairperson, Appeal Board
Signed: James E. Moody            
James E. Moody
Administrative Judge
Member, Appeal Board
Signed: William S. Fields         
William S. Fields
Administrative Judge
Member, Appeal Board
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