A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-04623.a1
Appeal BoardDecided Dec 29, 2016 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied based on financial considerations under Guideline F. The appeal was affirmed as the applicant did not assert any harmful error in the initial ruling, despite expressing a commitment to resolving her debts.
Why the applicant was denied
- The applicant did not assert harmful error in the appeal.
- The appeal board's authority is limited to cases where harmful error is alleged.
Conditions referenced
Disqualifying
- F.1 Financial Considerationsraised
Key rule quoted
“Our authority is limited to cases in which the appealing party has asserted harmful error.”
Procedural posture
- SOR issued
- 2015-12-07
- Answer filed
- Hearing held
- 2016-10-06
- Decision date
- 2016-12-29
Cite for
- Affirmation of Adverse Decisions When No Harmful Error Is Asserted
- Limitations of Appeal Authority Regarding Harmful Error
- Financial Considerations 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.
Appeal at a glance
The appeal was regarding the denial of a security clearance based on financial considerations under Guideline F. The applicant did not raise any harmful error in the appeal, leading the Board to affirm the Administrative Judge's decision.
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 did not raise an issue of harmful error. Our authority is limited to cases in which the appealing party has asserted harmful error. Adverse decision affirmed. CASE NO: 15-04623.a1 DATE: 12/29/2016 DATE: December 29, 2016 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-04623
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 December 7, 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 hearing. On October 6, 2016, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Arthur E. Marshall, Jr., denied Applicant’s request for a security clearance. Applicant appealed pursuant to 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 Applicant’s statements that: she takes the resolution of her debt, along with her employment and security clearance, seriously; she is living within her means and is in need of financial guidance; she is willing to attend any suggested financial programs that would help reflect how seriously she is taking the resolution of her debts; and if her clearance is reinstated at her current salary she would be able to resolve her debts within five years without accruing any further debt. She also details the current status of each of her debts and her plans for satisfying them. 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. See Directive ¶ E3.1.32. The Board does not review a case de novo. 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: Catherine M. Engstrom Catherine M. Engstrom Administrative Judge Member, Appeal Board