A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-03003.a1
Appeal BoardDecided Feb 9, 2018 · 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 Department of Defense initially denied the clearance due to financial issues, and the appeal was denied as the applicant failed to specify any harmful error in the prior decision.
Why the applicant was denied
- The applicant did not raise an issue of harmful error with specificity.
- The adverse decision was based on financial concerns under Guideline F.
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
- 2015-11-23
- Answer filed
- Hearing held
- 2017-10-31 Decision made by Administrative Judge Roger C. Wesley.
- Decision date
- 2018-02-09 Appeal decision affirmed.
Cite for
- Failure to Specify Harmful Error in Appeal Process
- Affirmation of Adverse Decision Based on Financial Considerations
- Limitations of Review Authority in Security Clearance 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 Department of Defense denied his request for a security clearance based on financial considerations. The Board affirmed the decision, noting that the applicant failed to raise any specific harmful error in his appeal.
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 failed to raise an issue of harmful error with specificity. Adverse decision affirmed. CASE NO: 15-03003.a1 DATE: 02/09/2018 DATE: February 9, 2018 In Re: ------------
Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-03003
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 November 23, 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 October 31, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Roger C. Wesley denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant has not raised an issue of harmful error with specificity. He states that he has worked hard to address his financial problems and requests that we review the file and reconsider the Judge’s adverse decision. Our authority to review cases is limited to those in which the appealing party has raised an issue of harmful error. We do not review a case de novo. See, e.g., ISCR Case No. 15-08349 (App. Bd. Dec. 4, 2017).
Order
The Decision is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: Charles C. Hale Charles C. Hale Administrative Judge Member, Appeal Board