A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 06-25684.a2
DeniedDecided Jun 10, 2008 · Administrative Judge Jeffrey D. Billett · Hearing
Case headnote
Summary
The applicant, represented by counsel, sought reconsideration of a prior denial of security clearance under Guideline G. The Appeal Board found that the applicant failed to provide a persuasive reason to change the previous decision or to reopen the record for additional evidence, resulting in the denial of the request for reconsideration.
Why the applicant was denied
- The applicant did not articulate a persuasive reason to change the Board's resolution.
- The request to reopen the record for additional evidence was denied.
Key rule quoted
“There is no right to reconsideration; the Board has the sole discretion to decide whether to exercise its inherent authority to reconsider one of its decisions.”
Procedural posture
- Appeal Board Decision Issued
- 2008-03-21
- Request for Reconsideration Filed
- 2008-04-14
- Response from Department Counsel
- 2008-04-17
- Decision Date
- 2008-06-10
Cite for
- Denial of Reconsideration Requests Under Guideline G
- Lack of Persuasive Reasons for Changing Prior Decisions
- Discretion of the Board in Reconsideration Matters
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 G
Reading the 7 per allegation rows needs a free account.
7 rows in this decision.
It opens the per allegation record on every guideline: the amounts, the findings, and the sentence behind each row.
Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
Synopsis
KEYWORD: Guideline G DIGEST: Applicant has failed to articulate a persuasive reason to change the Board’s resolution of this case. Adverse decision affirmed. CASENO: 06-25684.a2 DATE: 06/10/2008 DATE: June 10, 2008 In Re: ----------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 06-25684
Appeal Board Decision
ON APPLICANT’S REQUEST FOR RECONSIDERATION
Appearances
FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Douglas J. Monaghan, Esq. On March 21, 2008, the Board issued an Appeal Board Decision in this case. On April 14, 2008, Applicant submitted a request for reconsideration of this decision. Department Counsel submitted a response on April 17, 2008. The Board has inherent authority to entertain a request to reconsider its decisions. However, there is no right to reconsideration; the Board has the sole discretion to decide whether to exercise its inherent authority to reconsider one of its decisions. See ISCR Case No. 98-0621 at 1-2 (App. Bd. Nov. 23, 1999). Applicant requests that the Board reconsider its prior decision and grant him a security clearance, arguing that he had successfully mitigated the Guideline G security concerns in his case. In the alternative Applicant requests that the Board direct that the hearing be reopened so he can present additional evidence. The Board has considered Applicant’s brief and Department Counsel’s reply brief in light of our prior decision. Applicant has failed to articulate a persuasive reason to change the Board’s resolution of his case or to allow a reopening of the record. See ISCR Case No. 03-21012 at 1 (App. Bd. Sep. 20, 2005). Accordingly Applicant’s request is denied. Signed: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, 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