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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 18-01837.a1

Appeal Board

Decided May 9, 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 admitted financial issues. The Appeal Board affirmed the denial, finding no harmful error in the original judge's decision and noting that the applicant did not raise any allegations of error.

Why the applicant was denied

  • The applicant admitted to all allegations in the Statement of Reasons.
  • The applicant did not allege any harmful error by the judge in his appeal.

Conditions referenced

Disqualifying

  • AG ¶ 20 Financial Considerationsraised

Key rule quoted

Procedural posture

SOR issued
2018-07-20
Answer filed
Hearing held
2019-03-15 Decision issued by Administrative Judge LeRoy F. Foreman.
Decision date
2019-05-09 Appeal decision affirmed.

Cite for

  • Affirmation of Denial Due to Lack of Harmful Error Allegations
  • Limitations of the Appeal Board's Review Authority
  • Importance of Admitting Allegations 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

The appeal involved a denial of a security clearance based on financial considerations under Guideline F. The Applicant, representing himself, did not allege any harmful error in the Administrative Judge's decision. The Appeal Board affirmed the denial due to the lack of harmful error allegations.

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

Decision text, by section

Synopsis

KEYWORD: Guideline F DIGEST: 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. Adverse decision affirmed. CASENO: 18-01837.a1 DATE: 05/09/2019 DATE: May 9, 2019 ) In Re: ) ) ----------------------- ) ISCR Case No. 18-01837 ) ) 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 July 20, 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 15, 2019, after considering the record, Administrative Judge LeRoy F. Foreman 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. Instead, he disputes a statement that is contained in the summary of his personal subject interview (PSI). He contends the investigator erred in reporting that he paid certain credit card debts when he supposedly told the investigator those debts were charged off. In this regard, we note that Applicant admitted all of the allegations in his SOR response. Furthermore, he was provided a copy of Department Counsel’s File of Relevant Material (FORM), was given the opportunity to object to matters in the FORM, including the PSI summary, and was permitted to submit additional matters for the Judge’s consideration. He did not submit a response to the FORM. We find no error in the Judge’s findings based upon the PSI summary. Applicant also requests that we review his current credit report. The Appeal Board, however, is not permitted to receive new evidence (Directive ¶ E3.1.29) and 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