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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 06-04371.a1

Not stated

Decided May 29, 2007 · Administrative Judge Michael Y. Ra'anan · Hearing

Case headnote

Summary

The applicant, represented by counsel, faced security clearance denial under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). Following an adverse decision by the Administrative Judge, the case was remanded for further processing based on a joint motion for expedited handling by both parties.

Conditions referenced

Disqualifying

  • B Foreign Influenceraised
  • E Personal Conductraised

Procedural posture

SOR issued
2006-11-08
Answer filed
Hearing held
2007-05-03
Decision date
2007-05-29 case remanded for further processing

Cite for

  • Remand for Further Processing After Adverse Decision
  • Joint Motion for Expedited Processing
  • Security Concerns Under Guideline B and E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

From the decision

Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.

Allegations under Guideline B

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Allegations under Guideline E

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6 rows in this decision.

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Full decision

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Decision text, by section

KEYWORD: Guideline B; Guideline E DIGEST: In accordance with a joint motion of the parties, the Board is remanding the case to the Administrative Judge for further processing. Adverse decision remanded. CASENO: 06-04371.a1 DATE: 05/29/2007 DATE: May 29, 2007 In Re: ------------ SSN: -------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 06-04371 APPEAL BOARD SUMMARY REMAND APPEARANCES FOR GOVERNMENT Melvin A. Howry, Esq, Department Counsel FOR APPLICANT James Krueger, Esq. The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On November 8, 2006, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline B (Foreign Influence) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On May 3, 2007, after the hearing, Administrative Judge Martin H. Mogul denied Applicant’s request for a security clearance. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. On May 15, 2007, Department Counsel filed a Motion for Expedited Remand. On May 16, 2007, Applicant filed a response to the government’s motion stating that he joined in Department Counsel’s motion. Accordingly, in the interest of administrative economy, the case his hereby remanded to the Judge for further processing. Nothing about this action shall prejudice the appeal rights of the parties. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board