A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-06351.a1
Appeal BoardDecided May 31, 2016 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance under Guideline F concerning financial considerations. The Department of Defense denied the application based on financial issues, and the appeal was denied as the applicant did not assert any harmful error in the judge's decision.
Why the applicant was denied
- The applicant did not assert harmful error in the judge's decision.
- The appeal board cannot consider new evidence presented after the initial decision.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
Procedural posture
- SOR issued
- 2015-01-20
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2016-03-31 Decision made by Administrative Judge Nichole L. Noel.
- Decision date
- 2016-05-31 Appeal affirmed by the Board.
Cite for
- Affirmation of Denial Based on Lack of Harmful Error Assertion
- Limitations on New Evidence Consideration in Appeals
- Importance of Responding to the Government's File of Relevant Material (FORM)
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 did not assert any harmful error in the appeal, leading the Board to affirm the denial of the security clearance.
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 brief contains no assertion of error. Adverse decision affirmed. CASENO: 14-06351.a1 DATE: 05/31/2016 DATE: May 31, 2016 In Re: ------ Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-06351
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 January 20, 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 a decision on the written record. On March 31, 2016, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Nichole L. Noel denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant requested that her case be decided on the written record and then did not respond to the government’s File of Relevant Material (FORM). Her appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains a statement by the Applicant that her financial situation has improved as evidenced by three attached credit reports which postdate the decision in her case. The Board cannot consider new evidence on appeal. See Directive ¶ E3.1.29. Additionally, the Board does not review a case de novo. The Appeal Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Applicant has not made an allegation of harmful error on the part of the Judge. Therefore, the decision of the Judge is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Catherine M. Engstrom Catherine M. Engstrom Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board