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ISCR Case 11-14775.a1 — CASE

ISCR Case 11-14775.a1denied

Case Headnote

ISCR Case No. 11-14775.a1

Feb 14, 2014· Hon. Jeffrey D. Billett· appeal

Summary

A security clearance applicant, representing himself, was denied a clearance under Guideline F (Financial Considerations). The denial was based on Disqualifying Condition F.1.

The applicant appealed the initial adverse decision. However, the appeal was affirmed because the applicant did not assert any harmful error by the judge in the original decision.

Consequently, the applicant's security clearance was denied.

Conditions Referenced

Disqualifying

F.1raisedFinancial Considerations

Key Rule Quoted

“Our authority to review cases is limited to those in which the appealing party has raised an issue of harmful error.”
— Directive ¶ E3.1.32

Procedural Posture

SOR issuedMay 8, 2013
Answer filed—
Hearing heldDec 9, 2013
Decision dateFeb 14, 2014

Cite For

Affirmation of Adverse Decision Due to Lack of Harmful Error Assertion
Limitations on Appeal Authority Regarding 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 denial of a security clearance based on financial considerations under Guideline F. The Board affirmed the Administrative Judge's decision as the Applicant did not assert any harmful error in the appeal.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowJohn Grattan Metz, Jr. — denied the clearance

Decided ona hearing

Guidelines belowGuideline F

What the Board reviewed

No specific harmful error alleged — raised by the applicantRejected
Applicant has not asserted harmful error by the Judge.

Why the Board ruled this way

The Board affirmed the Judge's decision because the Applicant did not assert any harmful error in the appeal. The Board's authority to review is limited to cases where harmful error is raised by the appealing party.

Appeal Board panel

Michael Y. Ra’anan — Chair
Jeffrey D. Billett
James E. Moody

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: Applicant has not asserted harmful error by the Judge. Adverse decision affirmed. CASENO: 11-14775.a1 DATE: 02/14/2014 DATE: February 14, 2014 In Re: -----------

Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 11-14775

APPEAL BOARD SUMMARY DISPOSITION

APPEARANCES

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a security clearance. On May 8, 2013, DoD 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 hearing. On December 9, 2013, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge John Grattan Metz, Jr., denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief contains no assertion of harmful error by the Judge. Our authority to review cases is limited to those in which the appealing party has raised an issue of harmful error. Directive ¶ E3.1.32. See also ISCR Case No. 10-02819 (App. Bd. Feb. 4, 2013). Accordingly, the decision of the Judge is AFFIRMED. 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: James E. Moody James E. Moody Administrative Judge Member, Appeal Board