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

ISCR Case No. 15-02153.a1

Appeal Board

Decided Aug 19, 2016 · Administrative Judge Michael Y. Ra'anan · Appeal

Case headnote

Summary

The applicant, representing herself, sought eligibility for a public trust position under Guideline F due to financial considerations. The Department of Defense denied her application based on trustworthiness concerns, and the Appeal Board upheld this decision, noting the absence of harmful error in the judge's ruling and the inapplicability of new evidence presented on appeal.

Why the applicant was denied

  • The applicant did not assert harmful error by the judge in her appeal.
  • The Appeal Board cannot consider new evidence submitted by the applicant on appeal.
  • The Board cannot consider the potential adverse impact of the decision on the applicant's employment.

Conditions referenced

Disqualifying

  • AG ¶ F.1 Financial Considerationsraised

Key rule quoted

Procedural posture

SOR issued
2015-09-22
Answer filed
Hearing held
2016-06-09
Decision date
2016-08-19

Cite for

  • Limitations on the Appeal Board's Review Authority Regarding New Evidence
  • Requirements for Asserting Harmful Error in Appeals
  • Standards for Evaluating Trustworthiness Under Guideline F

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

Open original PDF

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

Decision text, by section

Synopsis

KEYWORD: Guideline F DIGEST: Tha Board cannot consider the impact that an adverse decision may have on an applicant. Adverse decision affirmed. CASENO: 15-02153.a1 DATE: 08/19/2016 DATE: August 19, 2016 In Re: ---------- Applicant for Public Trust Position ) ) ) ) ) ) ) ) ADP Case No. 15-02153

Appearances

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant eligibility for a public trust position. On September 22, 2015, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—trustworthiness 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 June 9, 2016, after the hearing, Administrative Judge Carol G. Ricciardello denied Applicant eligibility for a public trust position. 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 a narrative statement describing Applicant’s current financial situation and two character reference letters. Applicant also states that loss of her clearance will have an adverse impact on her employment. The Board cannot consider Applicant’s new evidence on appeal. See Directive ¶ E3.1.29. Likewise, we are not permitted to consider the impact that an adverse decision may have on an applicant. See, e.g., ADP Case No. 14-02496 at 3 (App. Bd. May 14, 2015). 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 Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed; William S. Fields William S. Fields Administrative Judge Member, Appeal Board