A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 22-01232
Appeal BoardDecided Apr 13, 2023 · Administrative Judge Gregg A. Cervi · Appeal
Case headnote
Summary
The applicant, representing himself, faced denial of a security clearance due to financial concerns under Guideline F. The Appeal Board affirmed the denial, noting that the applicant did not assert any harmful error by the judge and that financial issues were not relevant to clearance eligibility.
Why the applicant was denied
- The applicant did not assert any harmful error by the judge.
- The Appeal Board cannot consider new evidence on appeal.
- Financial issues were deemed not relevant to clearance eligibility.
Conditions referenced
Disqualifying
- F.1 Financial Considerationsraised
Key rule quoted
“The Board does not review a case de novo.”
Procedural posture
- SOR issued
- 2022-07-15
- Answer filed
- Hearing held
- 2023-02-06 Decision on written record
- Decision date
- 2023-04-13 Appeal decision
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations of the Appeal Board's Review Authority
- Relevance of Financial Issues to Clearance Eligibility
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 due to financial considerations. The Applicant appealed the decision but did not assert any harmful error by the Administrative Judge. The Appeal Board affirmed the denial as the Applicant's claims did not meet the threshold for 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. 22-01232
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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: April 13, 2023
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 July 15, 2022, 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 decision on the written record. On February 6, 2023, after consideration of the record, Administrative Judge Ross D. Hyams denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. On appeal, Applicant makes no assertion of harmful error on the part of the Judge. Instead, he requests reversal of the Judge’s decision and provides additional evidence about his debts. The Appeal Board is prohibited from considering new evidence on appeal. Directive E3.1.29. Applicant also asserts that losing of his security clearance will adversely impact his finances and
his family. Those factors, however, are not relevant considerations in evaluating clearance eligibility. See, e.g., ISCR Case No. 11-10758 at 2 (App. Bd. May 21, 2013). The Board does not review a case de novo. The Appeal Board’s authority to review a case is limited to cases in which the appealing party has alleged that the Judge committed harmful error. Because Applicant has not made an allegation of error, the decision of the Judge is sustainable.
Order
The decision is AFFIRMED. Signed: James F. Duffy James F. Duffy Administrative Judge Chairperson, Appeal Board Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Member, Appeal Board Signed: Gregg A. Cervi Gregg A. Cervi Administrative Judge Member, Appeal Board