A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-01176.a1
Appeal BoardDecided Aug 4, 2016 · Administrative Judge Jean E. Smallin · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance but was denied based on financial considerations under Guideline F. The decision was affirmed by the Appeal Board as the applicant did not assert any harmful error by the judge, despite discussing his financial issues and efforts to resolve them.
Why the applicant was denied
- The applicant did not assert harmful error by the judge in his appeal.
- The Appeal Board's review is limited to allegations of harmful error.
Conditions referenced
Disqualifying
- F1 Financial Considerationsraised
Key rule quoted
“Our authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error.”
Procedural posture
- SOR issued
- 2015-05-28
- Answer filed
- Hearing held
- 2016-06-01 Decision made by Administrative Judge Martin H. Mogul
- Decision date
- 2016-08-04 Appeal affirmed by the Appeal Board
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations of the Appeal Board's Review Authority
- Importance of Asserting Harmful Error in 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 an applicant seeking a security clearance who was denied based on financial considerations under Guideline F. The applicant appealed but did not assert any harmful error by the Administrative Judge. The Appeal Board affirmed the denial as there were no claims of harmful error made in the appeal.
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: Applicant’s appeal brief makes no assertion of harmful error on the part of the Judge. He makes assertions about the conditions that resulted in his financial problems and his efforts to resolve those problems. The Judge discussed those matters in his decision. The Appeal Board does not review cases de novo. Our authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Adverse decision affirmed. CASENO: 14-01176.a1 DATE: 08/04/2016 DATE: August 4, 2016 In Re: --------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-01176
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 28, 2015, 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 that the case be decided on the written record. On June 1, 2016, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Martin H. Mogul 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 makes no assertion of harmful error on the part of the Judge. Rather, he makes assertions about the conditions that resulted in his financial problems and his efforts to resolve those problems. The Judge discussed those matters in his decision.
The Appeal Board does not review cases de novo. Our authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. See Directive ¶ E3.1.32. In the absence of such an allegation, the decision of the Judge denying Applicant a security clearance is AFFIRMED.
Signed: William S. Fields William S. Fields Administrative Judge Member , Appeal Board Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board