A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 06-19435.a1
Appeal BoardDecided Dec 27, 2007 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to unresolved financial issues. The decision was affirmed on appeal as the applicant did not allege any harmful error in the judge's ruling.
Why the applicant was denied
- The applicant had unresolved financial issues that raised security concerns under Guideline F.
- The applicant did not allege harmful error in the judge's decision during the appeal.
Conditions referenced
Disqualifying
- AG ¶ 18 Financial Considerationsraised
Key rule quoted
“The Board does not review cases de novo.”
Procedural posture
- SOR issued
- 2007-01-04
- Answer filed
- Applicant requested decision on written record.
- Hearing held
- 2007-08-29 Decision made by Administrative Judge Carol G. Ricciardello.
- Decision date
- 2007-12-27 Appeal affirmed by the Board.
Cite for
- Limitations of the Appeal Board's Review Authority
- Affirmation of Denial Due to Lack of Harmful Error Allegation
- Importance of Addressing Financial Considerations in Security Clearance Cases.
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 seeking a security clearance after being denied due to financial considerations under Guideline F. The applicant did not assert any harmful error in the appeal, and the Board affirmed the denial based on the lack of such allegations.
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
Synopsis
FOR OFFICIAL USE ONLY When unredacted this document contains information EXEMPT FROM MANDATORY DISCLOSURE under the FOIA Exemption 6 applies KEYWORD: Guideline F DIGEST: The Board does not review cases de novo. Adverse decision affirmed. CASENO: 06-19435.a1 DATE: 12/27/2007 DATE: December 27, 2007 In Re: ----------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 06-19435
Appearances
FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro Se The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On January 4, 2007, DOHA 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 The Judge found in favor of Applicant with respect to SOR paragraphs 1.e, 1.f, and 1.g. Those favorable findings are not at issue on appeal. requested the case be decided on the written record. On August 29, 2007, after considering the record, Administrative Judge Carol G. Ricciardello denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence which indicates that Applicant has paid off her remaining debts. The Board cannot consider this new evidence on appeal. See Directive ¶ E3.1.29. 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. It does not review cases de novo. Applicant has not made an allegation of harmful error. Therefore, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, Appeal Board Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board