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                        DEPARTMENT OF DEFENSE 
         DEFENSE OFFICE OF HEARINGS AND APPEALS 
           
             
 
 
In the matter of: ) 
 ) 
  )  ISCR Case No. 15-04801 
 ) 
Applicant for Security Clearance ) 
 
 
Appearances 
 
For Government: Robert Kilmartin, Esq., Department Counsel 
For Applicant: Ryan C. Nerney, Esq. 
 
 
 
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Decision 
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COACHER, Robert E., Administrative Judge: 
 
On March 19, 2016, the Department of Defense (DOD) issued a Statement of 
Reasons (SOR) to Applicant detailing security concerns under Guideline F, financial 
considerations. The action was taken under Executive Order (EO) 10865, Safeguarding 
Classified Information within Industry (February 20, 1960), as amended; DOD Directive 
5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 
1992), as amended (Directive); and the adjudicative guidelines (AG) implemented by 
the DOD on September 1, 2006. 
 
Applicant responded to the SOR on April 18, 2016, and requested a hearing 
before an administrative judge. I was assigned the case on January 27, 2017. The 
hearing was held as scheduled on March 16, 2017. On March 21, 2017, I proposed that 
this case was appropriate for a summary disposition in Applicant’s favor. Department 
Counsel did not object.  
 
Applicant established through documentation that he paid or settled all six of the 
debts listed in the SOR, totaling approximately $89,000. His son, who has the same 
name as Applicant, incurred most of the debts by using his father’s credit information. 
Initially, Applicant filed a Pro se Chapter 7 bankruptcy petition that was dismissed. He 
 
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then hired an attorney to file a Chapter 7 petition. That action was also dismissed after 
Applicant was advised he would be better off resolving the debts himself. Applicant 
accepted responsibility for the debts and paid or settled all the obligations. Applicant’s 
evidence established that he is in good financial standing. Based on the record 
evidence as a whole, I conclude that the security concerns are mitigated under the 
following mitigating conditions: AG ¶¶ 20(a) through 20(e).  
 
The concerns over Applicant’s history of financial problems do not create doubt 
about his current reliability, trustworthiness, good judgment, and ability to protect 
classified information. In reaching this conclusion, I weighed the evidence as a whole 
and considered whether the favorable evidence outweighed the unfavorable evidence. I 
also gave due consideration to the whole-person concept. Accordingly, I conclude that 
he met his ultimate burden of persuasion to show that it is clearly consistent with the 
national interest to grant his eligibility for access to classified information. This case is 
decided for Applicant.  
 
 
 
________________________ 
Robert E. Coacher 
Administrative Judge