A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 20-03154
Appeal BoardDecided Nov 4, 2021 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a trustworthiness designation under Guideline F concerning financial considerations. The appeal was based on a claim of error regarding her age, which was deemed harmless, and the Appeal Board found no other harmful errors to overturn the initial denial. The decision was ultimately affirmed, maintaining the denial of the trustworthiness designation.
Why the applicant was denied
- The applicant did not demonstrate harmful error by the Judge.
- The appeal did not present new evidence for consideration.
Conditions referenced
Disqualifying
- F.1 Financial Considerationsraised
Key rule quoted
“The Appeal Board does not review cases de novo.”
Procedural posture
- SOR issued
- 2020-12-21
- Answer filed
- Hearing held
- 2021-08-19 Decision on the written record.
- Decision date
- 2021-11-04
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations on the Appeal Board's Review Authority
- Harmless Error Doctrine 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.
Full decision
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Synopsis
_______________________________________________ ) In the matter of: )
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ADP Case No. 20-03154
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) Applicant for Public Trust Position ) _______________________________________)
DEPARTMENT OF DEFENSE DEFENSE LEGAL SERVICES AGENCY DEFENSE OFFICE OF HEARINGS AND APPEALS APPEAL BOARD POST OFFICE BOX 3656 ARLINGTON, VIRGINIA 22203 (703) 696-4759 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 alleged any harmful error, the decision of the Judge denying Applicant a trustworthiness designation is sustainable. Adverse Decision is Affirmed. CASE NO: 20-03154.a1 DATE: 11/04/2021 Date: November 4, 2021
Appearances
FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a trustworthiness designation. On December 21, 2020, DoD issued a statement of reasons (SOR) advising Applicant
of the basis for that decision—trustworthiness concerns raised under Guideline F (Financial Considerations) of DoD Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On August 19, 2021, after considering the record, Administrative Judge LeRoy F. Foreman denied Applicant’s request for a trustworthiness designation. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant notes the Judge erred in finding that she was a year older than her actual age. This was a harmless error because it did not likely have an impact on the outcome of the case. See, e.g., ISCR Case No. 19-01220 at 3 (App. Bd. Jun. 1, 2020). Beside that error, Applicant’s appeal brief makes no other assertion of harmful error on the part of the Judge. It does contain documents and assertions that were not previously 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 alleged any harmful error, the decision of the Judge denying Applicant a trustworthiness designation 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