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ISCR 07-12013.a1: Guideline J security clearance appeal, denied (2008) · CASE

ISCR Case 07-12013.a1denied

Case headnote

ISCR Case No. 07-12013.a1

Dec 10, 2008· Hon. Jean E. Smallin· appeal

Summary

A security clearance applicant, representing themselves, was denied a clearance under Guideline J (Criminal Conduct). The applicant appealed this decision, but the Appeal Board affirmed the denial.

The Board's decision was based on the applicant's failure to assert any harmful error in the original judge's ruling. The Appeal Board's authority is limited, preventing a de novo review of the case. Consequently, without specific allegations of error from the applicant, the Board upheld the initial denial.

Conditions referenced

Disqualifying

JraisedCriminal Conduct

Key rule quoted

“The Appeal Board’s authority is limited. The Board does not review a case de novo.”

Procedural posture

SOR issuedMar 10, 2008
Answer filed—
Hearing heldSep 16, 2008
Decision dateDec 10, 2008

Cite for

Affirmation of Denial Based on Criminal Conduct Under Guideline J
Limitations of the Appeal Board's Review Authority
Importance of Asserting Harmful Error for Successful Appeals

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· Summary disposition

Affirmed

The appeal was filed by the applicant after the Administrative Judge denied their request for a security clearance based on security concerns under Guideline J. The applicant's appeal did not assert any harmful error, leading the Board to affirm the denial of the security clearance.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowRobert J. Tuider denied the clearance

Decided ona hearing

Guidelines belowGuideline J

What the Board reviewed

No specific harmful error alleged, raised by the applicantRejected
Applicant's appeal brief contains no assertion of harmful error on the part of the Judge.

Why the Board ruled this way

The Board affirmed the decision because the applicant did not allege any harmful error by the Administrative Judge, which is necessary for the Board to review the case.

Appeal Board panel

Jean E. Smallin
William S. Fields
James E. Moody

Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.

Full decision

The complete, official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

SYNOPSIS

KEYWORD: Guideline J DIGEST: The Appeal Board’s authority is limited. The Board does not review a case de novo. Adverse decision affirmed. CASENO: 07-12013.a1 DATE: 12/10/2008 DATE: December 10, 2008 In Re: -------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 07-12013

APPEAL BOARD SUMMARY DISPOSITION

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 March 10, 2008, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision–security concerns raised under Guideline J (Criminal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On September 16, 2008, after the hearing, Administrative Judge Robert J. Tuider denied Applicant’s request for a security clearance. Applicant filed a timely appeal pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. 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 a case 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: Jean E. Smallin Jean E. Smallin 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