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ISCR 09-06306.a1: Guideline F security clearance appeal, denied (2011) · CASE

ISCR Case 09-06306.a1denied

Case headnote

ISCR Case No. 09-06306.a1

Jan 31, 2011· Hon. Jeffery D. Billett· appeal

Summary

An applicant, representing himself, was denied a security clearance under Guideline F (Financial Considerations) due to unresolved financial issues. The initial denial was based on the applicant's failure to adequately address these concerns.

Upon appeal, the Board upheld the denial. The applicant did not assert any harmful error in the judge's original decision, which is a necessary component for a successful appeal. Furthermore, the Board stated it could not consider new evidence submitted by the applicant during the appeal process.

Consequently, the security clearance was denied, with the decision resting on the applicant's failure to demonstrate resolution of financial concerns and the procedural limitations of the appeal process regarding new evidence and the assertion of harmful error.

Conditions referenced

Disqualifying

F.1raisedInability or Unwillingness to Satisfy Debts

Key rule quoted

“The Board cannot consider new evidence on appeal.”

Procedural posture

SOR issuedApr 13, 2010
Answer filed—
Hearing heldNov 24, 2010Applicant requested decision on written record.
Decision dateJan 31, 2011

Cite for

Limitations on New Evidence in Appeals
Requirements for Asserting Harmful Error
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· Summary disposition

Affirmed

The appeal was filed by the applicant after the Administrative Judge denied his request for a security clearance based on financial considerations under Guideline F. The applicant's appeal did not assert any harmful error and included new evidence that the Board could not consider. Consequently, the Board affirmed the denial of the security clearance.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowDavid M. White denied the clearance

Decided onthe written record

Guidelines belowGuideline F

What the Board reviewed

No specific harmful error alleged, raised by the applicantRejected
The applicant did not assert any harmful error on the part of the Judge.

Why the Board ruled this way

The Board affirmed the Administrative Judge's decision because the applicant did not allege any harmful error and presented new evidence that could not be considered on appeal.

Appeal Board panel

Jeffrey D. Billett
James E. Moody
William S. Fields

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 F DIGEST: The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASENO: 09-06306.a1 DATE: 01/31/2011 DATE: January 31, 2011 In Re: -----. Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 09-06306

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 13, 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 that the case be decided on the written record. On November 24, 2010, after considering the record, Administrative Judge David M. White 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 more fully explaining his financial situation and addressing deficiencies in the record noted by the Judge and attributed to Applicant’s election of an administrative determination instead of a 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: Jeffery D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board