A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 23-02853
Appeal BoardDecided Nov 4, 2024 · Administrative Judge James B. Norman · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Administrative Judge found that the applicant failed to disclose past arrests, which led to the denial under Guideline E, while ruling in her favor regarding criminal conduct. The appeal was affirmed as the applicant did not demonstrate any harmful error by the Judge.
Why the applicant was denied
- The applicant failed to disclose past arrests, which raised concerns under Guideline E.
Conditions referenced
Disqualifying
- AG E Personal Conductapplied
Mitigating
- AG J Criminal Conductrejected
Procedural posture
- Decision Date
- 2024-11-04
Cite for
- Failure to Disclose Past Arrests Under Guideline E
- Affirmation of Appeal Due to Lack of Harmful Error
- Distinction Between Personal Conduct and Criminal Conduct Findings
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 was filed by the Applicant after the denial of her security clearance based on concerns under Guideline E and Guideline J. The Administrative Judge found in favor of the Applicant regarding criminal conduct but against her on personal conduct due to failure to disclose past arrests. The Board affirmed the decision as the Applicant did not allege any 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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)
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ISCR Case No. 23-02853
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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: November 4, 2024
Appearances
FOR GOVERNMENT Julie R. Mendez, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a security clearance. On March 12, 2024, DoD issued a Statement of Reasons (SOR) advising Applicant of the basis of that decision – security concerns raised under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) 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 October 2, 2024, Defense Office of Hearings and Appeals Administrative Judge Charles C. Hale denied Applicant security clearance eligibility. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. The Judge found favorably for Applicant on the criminal conduct allegations, which cited arrests in the 1990s, but adversely on the Guideline E allegations, which cited Applicant’s failure to disclose the arrests on her 2019 and 2022 security clearance applications. On appeal, Applicant makes no allegation that the Judge erred but instead presents additional information about why she failed to disclose. 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. 23-02853 is AFFIRMED. Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Chair, Appeal Board Signed: Allison Marie Allison Marie Administrative Judge Member, Appeal Board Signed: James B. Norman James B. Norman Administrative Judge Member, Appeal Board