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ISCR 18-02010.a1: Guideline F security clearance appeal, denied (2019) · CASE

ISCR Case 18-02010.a1denied

Case headnote

ISCR Case No. 18-02010.a1

Jul 30, 2019· Hon. Michael Y. Ra'anan· appeal

Summary

An applicant, representing himself, was denied a security 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 harmful error by the original judge in their decision. Consequently, the Appeal Board's review was limited to the existing record and did not consider any new evidence.

Because no harmful error was alleged and no new evidence was presented, the original denial of the security clearance was upheld.

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 issuedDec 12, 2018
Answer filed—Applicant requested a decision on the written record.
Hearing heldMay 20, 2019Decision issued by Administrative Judge John Grattan Metz, Jr.
Decision dateJul 30, 2019Appeal Board decision affirmed original denial.

Cite for

Affirmation of Denial Based on Lack of Harmful Error Allegation
Limitations of Appeal Board Review Process
Importance of Existing Record in Appeal Decisions

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 a security clearance based on financial considerations under Guideline F. The Applicant did not allege any harmful error in the Judge's decision. The Appeal Board affirmed the denial of the security clearance.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowJohn Grattan Metz, Jr. denied the clearance

Decided onthe written record

Guidelines belowGuideline F

What the Board reviewed

No specific harmful error alleged, raised by the applicantRejected
Applicant did not allege any harmful error by the Judge.

Why the Board ruled this way

The Board affirmed the Judge's decision because the Applicant did not allege any harmful error, and the Board is limited to reviewing only such allegations. The Board also noted that it cannot consider new evidence not presented to the Judge.

Standard of review applied

No de-novo re-decisionNo new evidence on appealHarmful-error gatekeeper

Appeal Board panel

Michael Ra’anan (Chair)
James E. Moody
James F. Duffy

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: 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. Adverse decision affirmed. CASENO: 18-02010.a1 DATE: 07/30/2019 DATE: July 30, 2019 ) In Re: ) ) ------------------------ ) ISCR Case No. 18-02010 ) ) Applicant for Security Clearance ) )

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 December 12, 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 May 20, 2019, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge John Grattan Metz, Jr., 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 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