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

ISCR Case No. 19-02861.a1

Appeal Board

Decided Aug 10, 2020 · Administrative Judge Michael Y. Ra'anan · Appeal

Case headnote

Summary

The applicant, representing herself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to unresolved financial issues. The appeal board affirmed the denial, emphasizing that the financial impact of the decision is not relevant to national security eligibility.

Why the applicant was denied

  • The applicant did not assert harmful error by the judge.
  • The financial impact of the decision is not relevant to national security eligibility.

Conditions referenced

Disqualifying

  • AG F Financial Considerationsraised

Key rule quoted

Procedural posture

SOR issued
2019-11-01
Answer filed
Hearing held
2020-05-19 Decision made on written record.
Decision date
2020-08-10 Appeal decision.

Cite for

  • Affirmation of Denial Based on Financial Considerations Under Guideline F
  • Importance of Asserting Harmful Error in Appeals
  • Irrelevance of Financial Impact in National Security Eligibility Evaluations.

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 Department of Defense denied her security clearance based on financial considerations under Guideline F. The applicant did not assert any harmful error in the Administrative Judge's decision. The Appeal Board affirmed the denial, stating that the financial impact of the decision is not relevant to national security eligibility.

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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The complete official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

Synopsis

KEYWORD: Guideline F DIGEST: The impact of an unfavorable decision is not a relevant consideration in evaluating national security eligibility. Adverse decision is affirmed. CASE NO: 19-02861.a1 DATE: 08/10/2020

DATE: August 10, 2020 ) In Re: ) ) -------------------- ) ISCR Case No. 19-02861 ) ) 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 November 1, 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 decision on the written record. On May 19, 2020, after considering the record, Administrative Judge Eric H. Borgstrom denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief makes no assertion of harmful error on the part of the Judge. Her brief does contain assertions and documents that were not presented to the Judge for consideration. The Appeal Board cannot consider new evidence. Directive ¶ E3.1.29. Applicant noted the decision will have a negative impact on her financially. However, the impact of an unfavorable decision is not a relevant consideration in evaluating national security eligibility. See, e.g., ISCR Case No. 18- 02239 at 3 (App. Bd. Jul. 20, 2020).

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