A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 09-06289.a1
Appeal BoardDecided Feb 1, 2011 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F concerning financial considerations. The appeal was based on new evidence regarding a judicial sale of a house co-signed with his father, which was not presented at the hearing. The Board denied the appeal as the applicant did not allege harmful error and the new evidence could not be considered.
Why the applicant was denied
- The applicant did not allege harmful error on the part of the Judge.
- The Board cannot consider new evidence presented on appeal.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
Key rule quoted
“The Board cannot consider Applicant’s new evidence on appeal.”
Procedural posture
- SOR issued
- 2010-05-06
- Answer filed
- Hearing held
- 2010-11-22
- Decision date
- 2011-02-01
Cite for
- Limitations on the Board's Authority to Consider New Evidence on Appeal
- Requirements for Alleging Harmful Error in Appeals
- Financial Considerations Under Guideline F
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 filed by the Applicant after the Administrative Judge denied a security clearance based on financial considerations. The Applicant did not assert any harmful error in the Judge's decision and instead submitted new evidence that was not considered by the Board. The Board affirmed the Judge's decision.
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
KEYWORD: Guideline F DIGEST: Applicant submits evidence which, although several months old, was not presented to the Judge and is, therefore, new evidence for our purposes. The Board cannot consider Applicant’s new evidence on appeal. Adverse decision affirmed. CASENO: 09-06289.a1 DATE: 02/01/2011 DATE: February 1, 2011 In Re: ----- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 09-06289
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 May 6, 2010, 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 requested a hearing. On November 22, 2010, after the hearing, 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, in the form of a statement by the Applicant and a state court record referencing the judicial sale of a house for which Applicant had co-signed on the mortgage with his father. The sale had apparently occurred nine months prior to the hearing, but Applicant did not become aware of it until after 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: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Jeffery D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board