KEYWORD: Guideline F
DIGEST:  In his appeal brief, Applicant claims that he emailed information to the Judge on
September 11, 2017, including bankruptcy documents listing the delinquent debts, an updated
credit report, a credit counseling certificate, a pay stub showing bankruptcy payment, and a
Chapter 13 trustee document showing compliance with the repayment plan.  The Appeal Board
does not have fact-finding power.  We conclude the best resolution is to remand the case to the
Judge to determine whether Applicant timely submitted evidence that did not make it into the
record and, if so, to take further action.  Adverse decision remanded.
CASENO: 16-00090.a1
DATE: 01/16/2018
DATE: January 16, 2018
In Re:
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Applicant for Security Clearance
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ISCR Case No. 16-00090
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
April 4, 2016, 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 decision
on the written record.  On October 13, 2017, after considering the record, Defense Office of
Hearings and Appeals (DOHA) Administrative Judge Eric H. Borgstrom denied Applicant’s request
for a security clearance.  Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30.
Applicant claims that he submitted documentary evidence to the Judge that did not make it
into the record.  On September 7, 2017, the Judge sent Applicant a copy of the adjudicative
guidelines that became effective on June 8, 2017, and reopened the record until September 25, 2017,
to provide the parties an opportunity to submit additional evidence.  On September 7, 2017,
Applicant sent an email to the Judge stating, in part, that he filed Chapter 13 bankruptcy in January
2017 and that he was making payments on a 5-year repayment plan.  The Judge responded by
advising that he was not allowed to contact the bankruptcy court, and Applicant would need to
provide any documentation about the bankruptcy.  Applicant responded by stating, “Sounds Good. 
I will get that information over to you.”  Applicant’s Exhibit A.  The record contains no further
communications from Applicant.  In the decision, the Judge noted that Applicant did not provide
documentary evidence about which debts were included in the bankruptcy or what payments have
been made.
In his appeal brief, Applicant claims that he emailed information to the Judge on September
11, 2017, including bankruptcy documents listing the delinquent debts, an updated credit report, a
credit counseling certificate, a pay stub showing bankruptcy payment, and a Chapter 13 trustee
document showing compliance with the repayment plan.  The Appeal Board does not have fact-
finding power.  See, e.g., ISCR Case No. 14-02394 at 3 (App. Bd. Aug. 17, 2015).  Given these
circumstances, we conclude the best resolution is to remand the case to the Judge for him to
determine whether Applicant timely submitted evidence that did not make it into the record and, if
so, to take further action consistent with the Directive.  Other issues raised by Applicant’s brief are
not ripe for adjudication at this time.
Order
The Decision is REMANDED.    
Signed: Michael Y. Ra’anan         
Michael Y. Ra’anan
Administrative Judge
Chairperson, Appeal Board
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Signed: William S. Fields            
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: James F. Duffy                
James F. Duffy
Administrative Judge
Member, Appeal Board
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