A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 19-02113.a1
Appeal BoardDecided Feb 25, 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 Department of Defense denied the application based on financial issues, and the appeal board affirmed the denial, emphasizing that the government need not wait for adverse conduct before denying a clearance.
Why the applicant was denied
- The applicant failed to demonstrate that the judge committed harmful error in the initial decision.
- The appeal board found no evidence of harmful error in the judge's ruling.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
Key rule quoted
“It is well established that the Government need not wait until a person has engaged in conduct adverse to the United States before it can deny a security clearance.”
Procedural posture
- SOR issued
- 2019-07-26
- Answer filed
- Hearing held
- 2020-01-08
- Decision date
- 2020-02-25
Cite for
- Government's Authority to Deny Clearance Without Adverse Conduct Under Guideline F
- Affirmation of Denial Based on Financial Considerations
- Limitations of Appeal Board's Review to Allegations of Harmful Error
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 an applicant who was denied a security clearance based on financial considerations under Guideline F. The applicant argued that he posed no threat to national security and that no evidence of espionage or treasonable activities was presented. The Board affirmed the denial, finding no harmful error in the Administrative Judge's decision.
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: It is well established that the Government need not wait until a person has engaged in conduct adverse to the United States before it can deny a security clearance. Adverse decision is affirmed. CASE NO: 19-02113.a1 DATE: 02/25/2020
DATE: February 25, 2020 ) In Re: ) ) ------------------------ ) ISCR Case No. 19-02113 ) ) 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 26, 2019, 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 January 8, 2020, after the hearing, Administrative Judge Robert E. Coacher denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant says that he is not a “threat to national security.” He notes no evidence was presented of “espionage or treasonable activities[.]” However, it is well established that the Government need not wait until a person has engaged in conduct adverse to the United States before it can deny a security clearance. See, e.g., ISCR Case No. 17-04278 at 3 (App. Bd. May 23, 2019). The Board does not review a case 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. Applicant has not made an allegation of harmful error on the part of the Judge. Therefore, the decision of the Judge is sustainable.
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