A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 10-02649.a1
Appeal BoardDecided Apr 8, 2011 · Administrative Judge Jeffrey D. Billett · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The appeal was denied as the applicant did not assert any harmful error by the judge, and new evidence presented was not considered by the Appeal Board.
Why the applicant was denied
- The applicant did not assert harmful error on the part of the judge during the appeal.
- The Appeal Board's authority is limited to cases where harmful error is alleged.
- New evidence submitted by the applicant was not considered on appeal.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
- AG ¶ 15 Personal Conductraised
Key rule quoted
“The Appeal Board’s authority to review a case is limited to cases in which the appealing party alleges the Judge committed harmful error.”
Procedural posture
- SOR issued
- 2010-08-12
- Answer filed
- Hearing held
- 2011-01-31
- Decision date
- 2011-04-08
Cite for
- Limitations of the Appeal Board's Review Authority Regarding Harmful Error Claims
- Impact of New Evidence on Appeal Decisions
- Criteria for Denial Under Guideline E and 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 her request for a security clearance based on financial considerations and personal conduct. The Applicant's appeal did not assert any harmful error by the Judge, leading the Board to affirm 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
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Synopsis
KEYWORD: Guideline F; Guideline E DIGEST: 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 alleges the Judge committed harmful error. Adverse decision affirmed. CASENO: 10-02649.a1 DATE: 04/08/2011 DATE: April 8, 2011 In Re: ----------------------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 10-02649
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 August 12, 2010, 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 January 31, 2011, after the hearing, Administrative Judge LeRoy F. Foreman 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 that she is making regular monthly payments on her credit cards, that her husband now handles their finances, and that loss of her job would result in tremendous hardship. 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