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

ISCR Case No. 18-02048.a1

Appeal Board

Decided Apr 30, 2019 · Administrative Judge Michael Y. Ra'anan · Appeal

Case headnote

Summary

The applicant, representing herself, sought a security clearance under Guideline F due to financial issues. The Appeal Board affirmed the denial of her clearance, noting that she did not allege any harmful error by the Administrative Judge, and her financial difficulties did not warrant a favorable decision.

Why the applicant was denied

  • The applicant did not allege harmful error by the Judge.
  • The Appeal Board's review is limited to allegations of harmful error.
  • The applicant's financial issues were not sufficient to overcome the denial.

Conditions referenced

Disqualifying

  • F.1 Inability or unwillingness to satisfy debtsraised

Key rule quoted

Procedural posture

SOR issued
2018-08-17
Answer filed
Hearing held
2019-03-04 Decision made on the written record.
Decision date
2019-04-30

Cite for

  • Limitations of Appeal Board Review Regarding Harmful Error Allegations
  • Affirmation of Denial Based on Financial Considerations Under Guideline F
  • Impact of Financial Issues on Security Clearance 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

The appeal involved a denial of a security clearance based on financial considerations under Guideline F. The Applicant did not raise any allegations of harmful error in the Judge's decision. The Board affirmed the denial of the security clearance as the appeal did not meet the necessary criteria for review.

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: 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: 18-02048.a1 DATE: 04/30/2019 DATE: April 30, 2019 In Re: ----------------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 18-02048

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 August 17, 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 4, 2019, after considering the record, Administrative Judge Claude Heiny 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, it describes the reasons for her financial problems and her efforts to resolve them. Applicant also indicates that she is required to hold a security clearance for her job. The Directive, however, does not permit us to consider the impact of an unfavorable decision. See, e.g., ISCR Case No. 14-02619 at 3 (App. Bd. Apr. 7, 2016).

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 F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed: Charles C. Hale Charles C. Hale Administrative Judge Member, Appeal Board