A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 20-02222.a1
Appeal BoardDecided Aug 27, 2021 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance but was denied based on financial considerations under Guideline F. The Appeal Board affirmed the denial, noting that the applicant did not allege any harmful error by the original judge, and their review was limited to the existing record without new evidence.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge.
- The Appeal Board's review was limited to the existing record without new evidence.
Conditions referenced
Disqualifying
- F.1 Inability or unwillingness to satisfy debtsraised
Key rule quoted
“The Appeal Board is prohibited from considering new evidence on appeal.”
Procedural posture
- SOR issued
- 2020-11-21
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2021-06-16 Decision made by Administrative Judge Roger C. Wesley.
- Decision date
- 2021-08-27 Appeal Board affirmed the decision.
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations of the Appeal Board's Review Authority
- Pro Se Representation in Security Clearance Cases
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 Administrative Judge denied a security clearance based on financial considerations under Guideline F. The Board affirmed the decision, noting that the Applicant did not assert any harmful error in the appeal.
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 sustainable. Adverse Decision Affirmed CASE NO: 20-02222.a1 DATE: 08/27/2021 DATE: August 27, 2021 ) In Re: ) ) ------------------------ ) ISCR Case No. 20-02222 ) ) 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 21, 2020, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—securityconcerns 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 June 16, 2021, after considering the record, Administrative Judge Roger C. Wesley 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. It does contain some documents that were not presented to the Judge for consideration. The Appeal Board is prohibited from considering new evidence on appeal. 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 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