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ISCR 17-01008.a1: Guideline F security clearance appeal, denied (2019) · CASE

ISCR Case 17-01008.a1denied

Case headnote

ISCR Case No. 17-01008.a1

Feb 12, 2019· Hon. Michael Y. Ra'anan· appeal

Summary

A security clearance applicant, representing himself, was denied a clearance under Guideline F (Financial Considerations). The denial was based on Disqualifying Condition F.1.

The applicant appealed the decision, but the Appeal Board affirmed the denial. The Board noted that the applicant did not allege any errors made by the original judge in their decision. Furthermore, the Appeal Board was unable to consider new evidence that the applicant submitted, as this evidence had not been presented to the original judge during the initial proceedings.

Consequently, the Appeal Board upheld the original denial of the security clearance.

Conditions referenced

Disqualifying

F.1raisedFinancial Considerations

Key rule quoted

“The Appeal Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error.”

Procedural posture

SOR issuedMay 22, 2017
Answer filed—
Hearing heldNov 19, 2018Decision made by Administrative Judge Richard A. Cefola.
Decision dateFeb 12, 2019Appeal Board decision.

Cite for

Affirmation of Denial Based on Financial Considerations Under Guideline F
Limitations on the Appeal Board's Review Authority
Pro Se Representation in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Appeal at a glance· Full written decision

Affirmed

The appeal was filed by the Applicant after the Administrative Judge denied his request for a security clearance based on financial considerations. The Applicant's appeal did not raise any allegations of error, leading the Board to affirm the Judge's decision.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowRichard A. Cefola denied the clearance

Decided onthe written record

Guidelines belowGuideline F

What the Board reviewed

No specific harmful error alleged, raised by the applicantRejected
Applicant's appeal brief raises no allegations of error on the part of the Judge.

Why the Board ruled this way

The Board affirmed the decision because the Applicant did not allege any harmful error by the Judge and submitted new evidence that could not be considered.

Appeal Board panel

Michael Ra’anan (Chair)
James F. Duffy
Charles C. Hale

Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.

Full decision

The complete, official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

SYNOPSIS

KEYWORD: Guideline F DIGEST: Applicant’s appeal brief raises no allegations of error on the part of the Judge. Rather, it contains documents that were not previously submitted to the Judge for consideration. The Appeal Board cannot consider new evidence. Adverse decision affirmed. CASENO: 17-01008.a1 DATE: 02/12/2019 DATE: February 12, 2019 In Re: -------------------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 17-01008

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 May 22, 2017, 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 November 19, 2018, after considering the record, Administrative Judge Richard A. Cefola denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30.

Applicant’s appeal brief raises no allegations of error on the part of the Judge. Rather, it contains documents that were not previously submitted to the Judge for consideration. The Appeal Board cannot consider new evidence. Directive ¶ E.3.1.29. His brief also explains the reasons for his financial difficulties and his efforts to resolve them. The Board does not review cases de novo. The Appeal Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Because Applicant has not made such an allegation of error, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed: Charles C. Hale Charles C. Hale Administrative Judge Member, Appeal Board