A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 18-01360.a1
Appeal BoardDecided Jun 10, 2019 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied based on financial considerations under Guideline F. The appeal was denied as the applicant did not allege any harmful error by the original judge, and the Appeal Board affirmed the decision without considering new evidence.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge.
- The Appeal Board is prohibited from considering new evidence.
- The decision of the Judge denying the security clearance was affirmed.
Conditions referenced
Disqualifying
- F1 Financial Considerationsraised
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 issued
- 2018-05-23
- Answer filed
- Hearing held
- 2019-03-19 Decision issued by Administrative Judge Shari Dam.
- Decision date
- 2019-06-10 Appeal decision affirmed.
Cite for
- Limitations of the Appeal Board's Review Authority
- Requirements for Alleging Harmful Error
- Prohibition Against Considering New Evidence on Appeal
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 was filed by the Applicant after the Administrative Judge denied her request for a security clearance based on financial considerations. The Applicant's appeal did not raise any allegations of harmful error, leading the Board to affirm the lower decision.
Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.
Full decision
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
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 contains a document that is not in the record and a lengthy description of her financial history with several statements of fact that were not previously presented to DOHA. The Appeal Board is prohibited from considering new evidence. Adverse decision affirmed. CASENO: 18-01360.a1 DATE: 6/10/2019 DATE: June 10, 2019 ) In Re: ) ) -------------------- ) ISCR Case No. 18-01360 ) ) 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 May 23, 2018, 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 March 19, 2019, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Shari Dam 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 contains a document that is not in the record and a lengthy description of her financial history with several statements of fact that were not previously presented to DOHA. The Appeal Board is prohibited from considering new evidence. Directive ¶ E3.1.29.
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 E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board