A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 18-02131.a1
Appeal BoardDecided May 13, 2020 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F concerning financial considerations. The appeal board upheld the denial of his clearance, emphasizing the applicant's lack of awareness regarding deadlines for addressing his debts and asserting that he was not denied due process during the hearing process.
Why the applicant was denied
- The applicant failed to demonstrate harmful error by the judge.
- The applicant's claims of misunderstanding regarding his debts were not substantiated.
- The appeal board found no due process violation in the handling of the case.
Conditions referenced
Disqualifying
- F1 Financial Considerationsraised
Key rule quoted
“We do not review case de novo. Our authority to review a case is limited to cases in which the appealing party has alleged that the Judge committed harmful error.”
Procedural posture
- SOR issued
- 2018-09-04
- Answer filed
- Hearing held
- 2020-02-06
- Decision date
- 2020-05-13
Cite for
- Due Process Rights Under Directive ¶ 4.3
- Limitations on Appeal Review Regarding Harmful Error
- Financial Considerations Under Guideline F
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 from a denial of a security clearance based on financial considerations under Guideline F. The Applicant argued a misunderstanding of his situation and claimed due process violations. The Board found no harmful error and affirmed the decision of the Administrative Judge.
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Guideline F DIGEST: Applicant states the following: “I was unaware and was not given a deadline before my clearance was revoked.” To the extent that he is raising an issue of due process, we find no reason to conclude that Applicant was denied the due process afforded by the Directive. See, e.g., Directive ¶ 4.3 for a concise description of an applicant’s due process rights. Furthermore, the Applicant and the Judge had a lengthy discussion of how the process works after a hearing, including the possibility that the Judge might deny or revoke Applicant’s clearance. Adverse decision is affirmed. CASE NO: 18-02131.a1 DATE: 05/13/2020 DATE: May 13, 2020 ) In Re: ) ) ----------------------- ) ISCR Case No. 18-02131
) ) 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 September 4, 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 hearing. On February 6, 2020, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Philip J. Katauskas denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s brief raises no issue of harmful error by the Judge. Rather, he discusses his professional background, his having held a clearance for many years, and his efforts at resolving the delinquent debts alleged in the SOR. He argues that this case is based upon a misunderstanding of his true situation. Applicant’s brief contains information from outside the record, which we cannot consider. Directive ¶ E3.1.29. In addition, he states the following: “I was unaware and was not given a deadline before my clearance was revoked.” Appeal Brief at 1. To the extent that he is raising an issue of due process, we find no reason to conclude that Applicant was denied the due process afforded by the Directive. See, e.g., Directive ¶ 4.3 for a concise description of an applicant’s due process rights. Furthermore, the Applicant and the Judge had a lengthy discussion of how the process works after a hearing, including the possibility that the Judge might deny or revoke Applicant’s clearance. (Tr. pp. 61-67). We do not review case de novo. Our authority to review a case is limited to cases in which the appealing party has alleged that the Judge committed harmful error. See, e.g., ISCR Case No. 19-00307 at 2 (App. Bd. Jan. 23, 2020). Applicant has made no such allegation. Therefore, the decision of the Judge is affirmed.
Order
The Decision is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. 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