A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-03647.a1
Appeal BoardDecided Oct 31, 2019 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to unresolved financial issues. The Appeal Board affirmed the denial, noting that the applicant did not demonstrate harmful error in the initial decision and that claims of financial integrity and career advancement were insufficient to overturn the ruling.
Why the applicant was denied
- The applicant did not allege harmful error in the initial decision.
- Claims of financial integrity and career advancement were insufficient to overturn the denial.
Conditions referenced
Disqualifying
- AG ¶ 19 Financial Considerationsraised
Key rule quoted
“The Directive, however, does not permit us to consider the impact of an unfavorable decision.”
Procedural posture
- SOR issued
- 2017-12-19
- Answer filed
- Hearing held
- 2019-07-31
- Decision date
- 2019-10-31
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Importance of Alleging Harmful Error for Successful Appeal
- Limitations on the Appeal Board's Review Authority
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
The appeal involved a denial of a security clearance under Guideline F due to financial considerations. The Applicant did not raise any allegations of harmful error in the appeal. The Board affirmed the Administrative Judge's decision to deny the clearance.
Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.
Full decision
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Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Rather, it asserts that Applicant is committed to maintaining financial integrity. He also indicates that granting him a security clearance will allow him to advance in his career and to pursue higher education. The Directive, however, does not permit us to consider the impact of an unfavorable decision. Adverse decision affirmed. CASENO: 17-03647.a1 DATE: 10/31/2019
DATE: October 31, 2019 ) In Re: ) ) ---------- ) ISCR Case No. 17-03647 ) ) Applicant for Security Clearance ) )
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 December 19, 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 hearing. On July 31, 2019, after the hearing, Administrative Judge Michael H. Leonard 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 allegation of harmful error on the part of the Judge. Rather, it asserts that Applicant is committed to maintaining financial integrity. He also indicates that granting him a security clearance will allow him to advance in his career and to pursue higher education. The Directive, however, does not permit us to consider the impact of an unfavorable decision. See, e.g., ISCR Case No. 14-04202 at 4 (App. Bd. Dec. 24, 2015). 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.
Order
The Decision is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board
Singed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board