A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 11-01455.a1
Not statedDecided Jan 23, 2012 · Administrative Judge Michael Y. Ra'anan · Hearing
Case headnote
Summary
The applicant, representing himself, faced security clearance concerns under Guideline F (Financial Considerations). The appeal board remanded the case for further processing after the applicant demonstrated that two attachments submitted in response to the statement of reasons were not included in the record.
Procedural posture
- SOR issued
- 2011-07-13
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2011-11-16 Administrative Judge denied the request for a security clearance.
- Decision date
- 2012-01-23 Appeal board remanded the case.
Cite for
- Remand for Further Processing Due to Missing Evidence in the Record
- Importance of Including All Submitted Documents in the Record
- Applicant's Right to Appeal When Evidence Is Not Considered
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From the decision
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Allegations under Guideline F
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4 rows in this decision.
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Descriptive standardized rendering of a decided public case. The verbatim source decision is below.
Full decision
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Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: Applicant has provided evidence that two attachments he submitted to his response to the SOR were not made part of the record. Adverse decision remanded. CASENO: 11-01455.a1 DATE: 01/23/2012 DATE: January 23, 2012 In Re: --------
Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 11-01455
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 July 13, 2011, 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 decision on the written record. On November 16, 2011, after considering the record, Administrative Judge Edward W. Loughran denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant was afforded an opportunity to reply to the SOR. By means of his appeal brief, he has provided evidence that he submitted two attachments to his response to the SOR. However, these documents were not made part of the record. In similar circumstances we have remanded the case for resolution of the problem. See, e.g., ISCR Case No. 10-00133 (App. Bd. Aug 18, 2011) and ISCR Case No. 08-11322 (App. Bd. May 7, 2010). Accordingly, the case is hereby remanded to the Judge for further processing. Nothing contained in this action shall prejudice the appeal rights of the parties. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: Williams S. Fields William S. Fields Administrative Judge Member, Appeal Board