A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 18-01874.a1
Appeal BoardDecided Aug 7, 2019 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance but was denied based on concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The appeal was denied as the applicant did not allege any error by the original judge, and the Appeal Board affirmed the denial based on the lack of new evidence.
Why the applicant was denied
- The applicant did not raise any allegations of error against the Judge.
- The Appeal Board is prohibited from considering new evidence not presented during the original hearing.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
- AG ¶ 15 Personal Conductraised
Key rule quoted
“The Appeal Board does not review cases de novo.”
Procedural posture
- SOR issued
- 2018-07-19
- Answer filed
- Hearing held
- 2019-06-18 Decision made after hearing.
- Decision date
- 2019-08-07
Cite for
- Affirmation of Denial Based on Lack of Error Allegations
- Prohibition Against New Evidence in Appeals
- Limitations of 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 was filed by the Applicant after the denial of a security clearance based on financial and personal conduct concerns. The Applicant's appeal did not raise any specific allegations of error against the Administrative Judge. The Appeal Board affirmed the denial as the Applicant did not present any harmful errors.
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 E; Guideline F DIGEST: Applicant’s appeal brief raises no allegation of error on the part of the Judge. Rather, it contains documents and assertions that were not previously submitted to the Judge for consideration. The Appeal Board is prohibited from considering new evidence. Directive ¶ E3.1.29. Adverse decision affirmed. CASENO: 18-01874.a1 DATE: 08/07/2019 DATE: August 7, 2019 ) In Re: ) ) ---------------------------- ) ISCR Case No. 18-01874 ) ) 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 19, 2018, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On June 18, 2019, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Darlene D. Lokey Anderson 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 error on the part of the Judge. Rather, it contains documents and assertions that were not previously submitted to the Judge for consideration. 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.
Order
The Decision 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