A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 06-266686.a1
Appeal BoardDecided Mar 21, 2008 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied due to concerns under Guideline F (Financial Considerations), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Board affirmed the denial, noting the lack of allegations of harmful error in the judge's decision and stating that it does not have the authority to grant conditional clearances.
Why the applicant was denied
- The applicant did not allege harmful error in the judge's decision.
- The Board lacks authority to grant a clearance on a conditional or probationary basis.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
- AG ¶ 15 Personal Conductraised
- AG ¶ 31 Criminal Conductraised
Key rule quoted
“The Board does not have authority to grant clearance on a conditional or probationary basis.”
Procedural posture
- SOR issued
- 2007-07-27
- Answer filed
- Hearing held
- 2007-12-13 Applicant requested decision on written record.
- Decision date
- 2008-03-21
Cite for
- Affirmation of Denial Due to Financial Considerations Under Guideline F
- Lack of Authority for Conditional Clearances by the Board
- Absence of Harmful Error Allegations in Appeals Process
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 by the Administrative Judge due to security concerns under multiple guidelines. The Applicant did not assert any harmful error in the appeal. The Board affirmed the denial, stating it does not have the authority to grant a clearance on a conditional basis.
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
Synopsis
KEYWORD: Guideline F; Guideline J DIGEST: The Board does not have authority to grant a clearance on a conditional or probationary basis. Adverse decision affirmed. CASENO: 06-266686.a1 DATE: 03/21/2008 DATE: March 21, 2008 In Re: --------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 06-26686
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 July 27, 2007, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations), Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested the case be decided on the written record. On December 13, 2007, after considering the record, Administrative Judge Joseph Testan denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. In her brief, Applicant requests that the Appeal Board grant her an interim secret clearance for 24 months so that she can resolve her financial problems. Her appeal brief contains no assertion of harmful error on the part of the Judge. The Board does not have authority to grant clearance on a conditional or probationary basis. See, e.g., ISCR Case No. 04-04302 at 5 (App. Bd. Jun. 30, 2005); ISCR Case No. 03-17410 at 4 (App. Bd. Apr. 12, 2005). The Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. 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 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