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ISCR Case 20-03823 — CASE

ISCR Case 20-03823denied

Case Headnote

ISCR Case No. 20-03823

deniedFeb 9, 2022· Hon. Moira D. Modzelewski· appeal

Summary

An applicant, representing himself, was denied a trustworthiness designation under Guideline F (Financial Considerations) due to unresolved financial issues. The initial decision cited Disqualifying Condition F.1.

Upon appeal, the applicant did not assert any harmful error by the judge in the initial ruling. The appeal board, whose review is limited to identifying such errors, found no basis to overturn the original decision. Consequently, the denial was affirmed.

The appeal board noted that it could not consider the impact of the decision on the applicant's personal finances, as its role was strictly to review for judicial error. The denial of the trustworthiness designation therefore stands.

Why the Applicant Was Denied

The applicant did not assert harmful error by the judge in the appeal.
The appeal board is limited to reviewing claims of harmful error and did not find any.

Conditions Referenced

Disqualifying

F.1raisedInability or Unwillingness to Satisfy Debts

Key Rule Quoted

“The Directive, however, does not permit us to consider the impact of an unfavorable decision.”
— ISCR Case No. 19-01206 at 2 (App. Bd. May 13, 2020)

Procedural Posture

SOR issuedFeb 15, 2020
Answer filed—
Hearing heldDec 2, 2021
Decision dateFeb 9, 2022

Cite For

Affirmation of Denial Based on Financial Considerations Under Guideline F
Limitations on Appeal Review Regarding Harmful Error
Non-consideration of Financial Hardship in Trustworthiness Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

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

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

APPEARANCES

_______________________________________________ ) In the matter of: )

)

----------- )

ADP Case No. 20-03823

)

) 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 Date: February 9, 2022

APPEAL BOARD DECISION

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 February 15, 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 Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On December 2, 2021, after the close of the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Roger C. Wesley denied Applicant’s request for a trustworthiness designation. 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, but does refer to payments Applicant has made to creditors after the hearing decision was issued. The Appeal Board is prohibited from considering new evidence on appeal. Directive ¶ E3.1.29. Applicant also indicates that denial of a trustworthiness designation will create a financial

hardship. The Directive, however, 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 Appeal Board does not review cases de novo. 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 trustworthiness designation is sustainable.

ORDER

The decision is AFFIRMED. Signed: James F. Duffy James F. Duffy Administrative Judge Chairperson, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Member, Appeal Board