A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 08-11509.a1
Appeal BoardDecided Nov 7, 2011 · Administrative Judge Jeffrey D. Billett · Appeal
Case headnote
Summary
The applicant, representing himself, faced allegations under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The judge found in favor of the applicant regarding Guideline E but denied the security clearance based on Guideline F, affirming the adverse decision on appeal due to lack of harmful error assertion.
Why the applicant was denied
- The applicant did not assert harmful error in the appeal.
- The Board cannot consider new evidence in resolving an appeal.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
Mitigating
- AG ¶ 21 Personal Conductapplied
Key rule quoted
“The Board cannot consider new evidence in resolving an appeal.”
Procedural posture
- SOR issued
- 2011-04-19
- Answer filed
- Hearing held
- 2011-08-31
- Decision date
- 2011-11-07
Cite for
- Affirmation of Adverse Decision Based on Financial Considerations Under Guideline F
- Limitations on the Board's Authority to Consider New Evidence on Appeal
- Requirement for Assertion of Harmful Error for Appeal Consideration
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 was from a denial of a security clearance based on allegations under Guideline E and Guideline F. The Applicant did not assert any harmful error in the Administrative Judge's decision. The Board affirmed the denial of the security clearance.
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
1 The Judge found in favor of Applicant as to the Guideline E allegations. KEYWORD: Guideline F; Guideline E DIGEST: Applicant made no assertion of harmful error. The Board cannot consider new evidence in resolving an appeal. Adverse decision affirmed. CASE NO: 08-11509.a1 DATE: 11/07/2011 DATE: November 7, 2011 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-11509 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 April 19, 2011, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On August 31, 2011, after the hearing, Administrative Judge Paul J. Mason denied Applicant’s request for a security clearance.1 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, in the form of documents showing Applicant’s payment history on his outstanding student loans. These documents are dated subsequent to the Judge’s decision, and Applicant states without further explanation that “[he] did not have them in time for the hearing.” The Board cannot consider Applicant’s 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. Applicant has not made an allegation of harmful error on the part of the Judge. Therefore, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Signed: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, 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