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

ISCR Case No. 10-06391.a1

Appeal Board

Decided Feb 3, 2012 · Administrative Judge Jean E. Smallin · Appeal

Case headnote

Summary

The applicant, representing himself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to unresolved financial issues. The Appeal Board affirmed the denial, noting the applicant failed to demonstrate any specific harmful error in the Administrative Judge's decision.

Why the applicant was denied

  • The applicant did not contest the Judge's decision effectively.
  • The applicant's appeal lacked specific claims of harmful error against the Administrative Judge.

Conditions referenced

Disqualifying

  • AG ¶ 19 Financial Considerationsraised

Key rule quoted

Procedural posture

SOR issued
2011-03-10
Answer filed
Hearing held
2011-11-21
Decision date
2012-02-03

Cite for

  • Affirmation of Denial Due to Lack of Specific Harmful Error Claims
  • Importance of Demonstrating Harmful Error in Appeals
  • Limitations of the Appeal Board's Review Authority

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 involved an applicant seeking a security clearance after being denied due to financial and conduct concerns. The applicant did not assert any specific harmful error in the appeal. The Board affirmed the Administrative Judge's decision denying the 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 DIGEST: The Appeal Board’s authority is limited. Adverse decision affirmed. CASENO: 10-06391.a1 DATE: 02/03/2012 DATE: February 3, 2012 In Re: ------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 10-06391

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 March 10, 2011, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations), Guideline J (Criminal Conduct) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On November 21, 2011, after the hearing, Administrative Judge Rita C. O’Brien 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 specific harmful error on the part of the Judge. Rather, it contains only a general statement that since he has been employed for the last year, he has put plans in place to correct his financial problems. 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: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board