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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 10-02649.a1

Appeal Board

Decided 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

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

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The 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