A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 21-01279
Appeal BoardDecided Dec 8, 2022 · Administrative Judge Moira D. Modzelewski · Appeal
Case headnote
Summary
The applicant, representing himself, faced security clearance denial under Guideline F due to eight delinquent debts totaling approximately $32,000. The Administrative Judge found against the applicant on all allegations, and the Appeal Board affirmed the decision as the applicant did not allege any harmful error in the judge's ruling.
Why the applicant was denied
- The applicant had eight delinquent debts totaling approximately $32,000.
- The judge found against the applicant on all allegations related to financial considerations.
Conditions referenced
Disqualifying
- AG ¶ 19 Financial Considerationsraised
Key rule quoted
“The Appeal Board does not review cases de novo.”
Procedural posture
- SOR issued
- 2021-12-07
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2022-11-04 Decision made based on written record.
- Decision date
- 2022-12-08
Cite for
- Denial of Security Clearance Due to Financial Considerations Under Guideline F
- Affirmation of Denial When No Harmful Error Is Alleged on Appeal
- Limitations of the Appeal Board's Review Authority Regarding New Evidence
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 a denial of security clearance based on financial considerations. The Applicant did not assert any harmful error in the Administrative Judge's decision. The Appeal Board affirmed the denial as the Applicant's appeal did not raise any specific harmful errors.
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: ) ) ) ----- ) ISCR Case No. 21-01279 ) ) 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: December 8, 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 December 7, 2021, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision―security concerns raised under Guideline F (Financial Considerations) of DoD Directive 5220.6 (January 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On November 4, 2022, after considering the written record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Noreen A. Lynch denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. The SOR alleged that Applicant had eight delinquent debts totaling about $32,000. The Judge found against Applicant on each of those allegations. Applicant’s appeal brief makes no assertion that the Judge committed harmful error. Rather, it contains a number of documents that postdate the Judge’s decision. 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 security clearance eligibility 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 D. Modzelewski Moira D. Modzelewski Administrative Judge Member, Appeal Board