A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-01239.a1
Appeal BoardDecided Oct 23, 2014 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, faced denial of a security clearance under Guideline F due to financial considerations. The appeal board found that the applicant was denied due process as evidence he submitted was not included in the record. The case was remanded for further processing to consider the new evidence related to jurisdiction and due process.
Key rule quoted
“We will consider new evidence on matters of due process or jurisdiction.”
Procedural posture
- SOR issued
- 2014-05-20
- Answer filed
- Hearing held
- 2014-10-02 Applicant requested a decision on the written record.
- Decision date
- 2014-10-23 Appeal board remanded the case.
Cite for
- Due Process Considerations in Security Clearance Cases
- Remand for Consideration of New Evidence
- Jurisdictional Issues in Security Clearance Appeals
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 a denial of a security clearance based on financial considerations under Guideline F. The Applicant argued that he was denied due process because certain documents he submitted were not included in the record. The Board agreed and remanded the case for further processing to consider the new evidence.
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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Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: We will consider new evidence on matters of due process or jurisdiction. Applicant submitted evidence that did not make it into the record. Adverse decision remanded. CASE NO: 14-01239.a1 DATE: 10/23/2014 DATE: October 23, 2014 In Re: ----------------
Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-01239
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 20, 2014, 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 decision on the written record. On October 2, 2014, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Roger C. Wesley denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant raised the following issue on appeal: whether he had been denied due process in that he submitted documents that were not included in the record. Consistent with the following, we remand the case to the Judge. In their respective briefs, both Applicant and Department Counsel assert matters from outside the record regarding Applicant’s response to the File of Relevant Material (FORM). Department Counsel states that Applicant submitted matters to DOHA that, through administrative oversight, were not presented to the Judge. As a general matter, we cannot consider new evidence on appeal. Directive ¶ E3.1.29. However, we have considered new evidence that bears upon threshold issues of jurisdiction or due process. See, e.g., ISCR Case No. 12-01038 at 1-2 (App. Bd. Mar. 22, 2013). Department Counsel recommends that we remand the case to the Judge for further processing. We agree with this recommendation.
Order
The Decision is REMANDED. Signed: Michael Ra’anan Michael 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