A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-04398.a1
Appeal BoardDecided Jun 18, 2015 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F concerning financial considerations. The appeal was denied as the applicant failed to demonstrate harmful error in the judge's evaluation of evidence, and the Board affirmed the decision without remanding for new evidence.
Why the applicant was denied
- The applicant did not demonstrate harmful error in the judge's evaluation of evidence.
- The Board lacks authority to remand cases for new evidence without a showing of error.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
Key rule quoted
“Our authority to review cases is limited to those in which the appealing party has raised an issue of harmful error.”
Procedural posture
- SOR issued
- 2014-09-30
- Answer filed
- Hearing held
- 2015-04-02
- Decision date
- 2015-06-18
Cite for
- Authority of the Board to Review Cases Limited to Harmful Error
- Denial of Remand for New Evidence
- Evaluation of Evidence by the Judge Presumed Correct Unless Shown Otherwise
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 applicant appealed the denial of a security clearance based on financial considerations under Guideline F. The Board affirmed the decision, stating that the applicant did not demonstrate any harmful error in the Administrative Judge's ruling.
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: The Board has no authority to remand a case simply to take in new evidence. Adverse decision affirmed. CASENO: 14-04398.a1 DATE: 06/18/2015 DATE: June 18, 2015 In Re: ------
Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-04398
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 September 30, 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 hearing. On April 2, 2015, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Noreen A. Lynch denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief requests a new hearing “so that the records can be set straight.” We have no authority to remand a case for a new hearing simply for the purpose of taking in new evidence. See, e.g., ISCR Case No. 14-00976 at 3 (App. Bd. Feb. 5, 2015). Our authority to review cases is limited to those in which the appealing party has raised an issue of harmful error. To the extent that Applicant is arguing that the Judge either mis-weighed the evidence or failed to consider all of the evidence in the record, the argument fails for lack of specificity. See, e.g., ISCR Case No. 09-06067 at 2 (App. Bd. Oct. 22, 2010). Applicant has not rebutted the presumption that the Judge considered all of the evidence in the record. Neither has he shown that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. See, e.g., ISCR Case No. 08-06438 at 2 (App. Bd. Aug. 4, 2009). Accordingly, the Decision is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board