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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 15-01564.a1

Appeal Board

Decided Jul 8, 2016 · Administrative Judge Michael Y. Ra'anan · Appeal

Case headnote

Summary

The applicant, representing himself, sought a security clearance but was denied based on financial considerations under Guideline F. The appeal was denied as the applicant did not assert any harmful error by the judge and presented new evidence that was not admissible on appeal.

Why the applicant was denied

  • The applicant's appeal brief did not assert harmful error by the judge.
  • The appeal included new evidence that could not be considered by the Board.

Conditions referenced

Disqualifying

  • AG F Financial Considerationsraised

Key rule quoted

Procedural posture

SOR issued
2015-10-01
Answer filed
Hearing held
2016-04-29 Decision issued by Administrative Judge Claude R. Heiny
Decision date
2016-07-08 Appeal decision affirmed by the Appeal Board

Cite for

  • Denial of Security Clearance Based on Financial Considerations Under Guideline F
  • Limitations on New Evidence During Appeal Process
  • Requirements for 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 was filed by the applicant after the denial of a security clearance based on financial considerations. The applicant did not assert any harmful error by the Administrative Judge in the appeal. The Board affirmed the decision as the applicant's appeal did not meet the necessary criteria for review.

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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The complete official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

Synopsis

KEYWORD: Guideline F DIGEST: Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence in the form of documents from creditors and a character reference letter. The Board cannot consider Applicant’s new evidence on appeal. Adverse decision affirmed. CASENO: 15-01564.a1 DATE: 07/08/2016 DATE: July 8, 2016 In Re: -------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-01564

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 October 1, 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 April 29, 2016, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Claude R. Heiny 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 contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence in the form of documents from creditors and a character reference letter. The Board cannot consider Applicant’s new evidence on appeal. See Directive ¶ E3.1.29. 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. Because Applicant has not made an allegation of harmful error on the part of the Judge, the decision of the Judge is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, 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