1 DEPARTMENT OF DEFENSE DEFENSE OFFICE OF HEARINGS AND APPEALS In the matter of: ) ) ) ISCR Case No. 17-00252 ) Applicant for Security Clearance ) Appearances For Government: Andrew Henderson, Esq., Department Counsel For Applicant: Pro se ______________ Decision ______________ COACHER, Robert E., Administrative Judge: On February 2, 2017, 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).1 Applicant responded to the SOR on February 21, 2017, and requested a hearing before an administrative judge. The case was assigned to me on April 20, 2017. The hearing was held as scheduled on June 22, 2017. On June 29, 2017, I proposed that this case was appropriate for a summary disposition in Applicant’s favor. Department Counsel did not object. Applicant presented documentation showing that she paid her federal tax liability through an offer and compromise agreement finalized in June 2017. The negotiations 1 I decided this case using the AG implemented by DOD on June 8, 2017. However, I also considered this case under the previous AG implemented on September 1, 2006, and my conclusions are the same using either set of AG. 2 with the IRS were ongoing for several years. The tax liability was not initially paid because of bad advice given to Applicant by a financial representative. She paid a state tax debt for 2015 and set up a payment plan to resolve her remaining state tax liability for 2013. She provided proof of settlement of a mortgage deficiency debt and Applicant’s Chapter 7 bankruptcy from 2003 is remote. Based on the record evidence as a whole, I conclude that the security concerns are mitigated under the following mitigating conditions: AG ¶¶ 20(a), 20(b), 20(c), and 20(d). The concerns over Applicant’s history of financial problems do not create doubt about her current reliability, trustworthiness, good judgment, and ability to protect classified information. In reaching this conclusion, I weighed the evidence as a whole and considered if the favorable evidence outweighed the unfavorable evidence. I also gave due consideration to the whole-person concept. Accordingly, I conclude that she met her ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant her eligibility for access to classified information. This case is decided for Applicant. ________________________ Robert E. Coacher Administrative Judge