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

ISCR Case No. 16-01046

Appeal Board

Decided Apr 11, 2018 · 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 due to admitted delinquent debts. Although he claimed an intention to reconcile these debts, the Appeal Board affirmed the denial, finding no harmful error in the Judge's decision, which was based on outdated information and new evidence that could not be considered.

Why the applicant was denied

  • The applicant admitted to delinquent debts and did not provide evidence of resolution.
  • The Appeal Board found no harmful error in the Judge's decision.

Conditions referenced

Disqualifying

  • AG ¶ 20 Financial Considerationsraised

Mitigating

  • AG ¶ 21 Financial Considerationsrejected

Key rule quoted

Procedural posture

SOR issued
2016-07-01
Answer filed
2016-08-04 Applicant admitted the debts.
Hearing held
2018-01-19 Decision issued by Judge Claude R. Heiny.
Decision date
2018-04-11 Appeal Board decision affirmed.

Cite for

  • Affirmation of Denial Based on Financial Considerations Under Guideline F
  • Limitations on the Appeal Board's Review Authority Regarding New Evidence
  • Rejection of Mitigating Conditions Based on Insufficient Evidence of Debt Resolution

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 who was denied a security clearance based on financial considerations. The applicant did not allege any harmful error in the Judge's decision but claimed the decision was based on outdated information and provided new evidence. The Board affirmed the denial as the new evidence could not be considered and no harmful error was alleged.

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 raises no allegation of harmful error on the part of the Judge. Rather, he states the Judge’s decision was based on outdated information. His brief also provides a narrative statement about his efforts to resolve his debts and forwards a copy of a credit report that post-dates the Judge’s decision. These matters, however, constitute new evidence that the Appeal Board cannot consider. Adverse decision affirmed. CASENO: 16-01046 DATE: 04/11/2018 DATE: April 11, 2018 In Re: ------------------------

Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 16-01046

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 July 1, 2016, 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 that the case be decided on the written record. On January 19, 2018, 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 Directive ¶¶ E3.1.28 and E3.1.30. In responding to the SOR on August 4, 2016, Applicant admitted the alleged delinquent debts, indicated that he fully intended to reconcile those debts, but also stated that he did not have extra money to devote to them. On September 14, 2016, Applicant received a copy of Department Counsel’s File of Relevant Material (FORM) and was advised that he had 30 days from its receipt to submit additional information. He did not submit a response to the FORM. In his appeal brief, Applicant raises no allegation of harmful error on the part of the Judge. Rather, he states the Judge’s decision was based on outdated information. His brief also provides a narrative statement about his efforts to resolve his debts and forwards a copy of a credit report that post-dates the Judge’s decision. These matters, however, constitute new evidence that the Appeal Board cannot consider. See Directive E3.1.29. The Board does not review cases de novo. Our 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 such an allegation of harmful error, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Charles C. Hale Charles C. Hale Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board