A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 23-01308
Appeal BoardDecided Oct 22, 2024 · Administrative Judge Gregg A. Cervi · Appeal
Case headnote
Summary
The applicant, representing herself, faced denial of a security clearance due to financial concerns under Guideline F. The appeal was affirmed as the applicant did not allege any error by the judge, and the Appeal Board found the original ruling sustainable without new evidence or claims of harmful error.
Why the applicant was denied
- The applicant did not present new evidence or claims of harmful error on appeal.
- The Appeal Board affirmed the judge's decision as sustainable.
Conditions referenced
Disqualifying
- F.1 Inability to satisfy debtsraised
Mitigating
- F.2 The conditions that resulted in the financial difficulties were temporary and have been resolved or are being resolvedrejected
Key rule quoted
“The Board’s authority to review a case is limited to cases in which the appealing party has alleged the judge committed harmful error.”
Procedural posture
- SOR issued
- 2023-09-06
- Answer filed
- Hearing held
- 2024-08-27
- Decision date
- 2024-10-22
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations of the Appeal Board's Review Authority
- Lack of New Evidence or Claims of Harmful Error in Appeals
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 did not allege any errors by the Administrative Judge but provided additional context regarding her 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
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Appearances
_______________________________________ ) In the matter of: )
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ISCR Case No. 23-01308
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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: October 22, 2024
Appearances
FOR GOVERNMENT Andrea M. Corrales, Esq., Deputy Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a security clearance. On September 6, 2023, DoD issued a Statement of Reasons (SOR) advising Applicant of the basis of that decision – security concerns raised under Guideline F (Financial Considerations) of the National Security Adjudicative Guidelines in Appendix A of Security Executive Agent Directive 4 (effective June 8, 2017) and DoD Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). On August 27, 2024, Defense Office of Hearings and Appeals Administrative Judge Carol G. Ricciardello denied Applicant security clearance eligibility. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. On appeal, Applicant makes no allegation that the Judge erred, but instead presents additional information about the circumstances that led to her financial issues and her ongoing efforts to resolve them. The Appeal Board does not review cases de novo and is prohibited from considering new evidence on appeal. Directive ¶ E3.1.29. 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 in ISCR Case No. 23-01308 is AFFIRMED. Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Chair, Appeal Board Signed: Allison Marie Allison Marie Administrative Judge Member, Appeal Board Signed: Gregg A. Cervi Gregg A. Cervi Administrative Judge Member, Appeal Board