A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 21-01563
Appeal BoardDecided Sep 27, 2022 · Administrative Judge Moira D. Modzelewski · Appeal
Case headnote
Summary
The applicant, representing himself, faced denial of a security clearance under Guideline F due to financial issues, including failure to file tax returns and delinquent debts. The appeal was denied as the applicant did not demonstrate harmful error in the original decision, which found multiple financial allegations against him.
Why the applicant was denied
- The applicant failed to demonstrate harmful error in the judge's decision.
- The appeal board found against the applicant on multiple financial allegations.
Conditions referenced
Disqualifying
- F.1 Failure to file annual income tax returnsraised
- F.2 Delinquent debtsraised
Procedural posture
- Decision date
- 2022-09-27
Cite for
- Denial of Security Clearance Due to Financial Concerns Under Guideline F
- Affirmation of Appeal Board Decisions Regarding Financial Allegations
- Failure to Demonstrate Harmful Error in Appeal Process
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 of security clearance eligibility.
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. 21-01563
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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: September 27, 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 October 28, 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 July 25, 2022, after considering the written record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Gina L. Marine 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 failed to file his Federal and state income tax returns for 2017 and 2018 as required, that he owed about $2,300 in delinquent Federal taxes for 2019, and that he had four delinquent debts totaling about $4,600. The Judge found against Applicant on the tax allegations and one delinquent debt totaling about $3,800.
Applicant’s brief makes no assertion that the Judge committed harmful error. Rather, it contains a number of documents that postdate the Judge’s decision. It also contains 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 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