A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 20-01194
Appeal BoardDecided Nov 7, 2022 · Administrative Judge Moira D. Modzelewski · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F due to financial concerns. The Department of Defense denied the application, and the appeal board affirmed the denial, noting that the applicant did not assert any harmful error by the judge and that new evidence could not be considered on appeal.
Why the applicant was denied
- The applicant did not assert harmful error by the judge during the appeal.
- The appeal board is prohibited from considering new evidence on appeal.
Conditions referenced
Disqualifying
- F1 Inability to satisfy debtsraised
Key rule quoted
“The Directive does not permit us to consider the impact of an unfavorable decision.”
Procedural posture
- SOR issued
- 2020-08-28
- Answer filed
- Hearing held
- 2022-08-31
- Decision date
- 2022-11-07
Cite for
- Affirmation of Denial Due to Lack of Harmful Error Assertion
- Limitations on Appeal Regarding New Evidence
- 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 involved an Applicant who was denied a security clearance based on financial considerations. The Applicant did not assert any harmful error by the Administrative Judge and instead provided additional information regarding his financial issues. The Appeal Board affirmed the denial as there were no allegations of harmful error.
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
Appearances
_______________________________________________ ) In the matter of: )
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ISCR Case No. 20-01194
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) Applicant for Security Clearance ) _______________________________________) 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 Date: November 7, 2022
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 August 28, 2020, 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 August 31, 2022, after the hearing, Administrative Judge John Bayard Glendon denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. On appeal, Applicant make no assertion of harmful error on the part of the Judge. Instead, he provides additional evidence and information about the circumstances that led to his financial issues and requests reconsideration of the decision. The Appeal Board does not review cases de novo and is prohibited from considering new evidence on appeal. Directive E3.1.29. Additionally, Applicant highlights that he requires a security clearance to retain his job. The Directive does not
permit us to consider the impact of an unfavorable decision. See, e.g., ISCR Case No. 19-01206 at 2 (App. Bd. May 13, 2020). The 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: James F. Duffy James F. Duffy Administrative Judge Chairperson, Appeal Board Signed: Jennifer I. Goldstein Jennifer I. Goldstein Administrative Judge Member, Appeal Board Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Member, Appeal Board