A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 16-01653.a1
Appeal BoardDecided Jan 24, 2018 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline B (Foreign Influence) but was denied due to security concerns. The appeal was affirmed as the applicant did not allege any harmful error by the judge, and new evidence presented could not be considered on appeal.
Why the applicant was denied
- The applicant did not allege harmful error by the judge.
- The Board cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- Guideline B Foreign Influenceraised
Key rule quoted
“The Board cannot consider new evidence on appeal.”
Procedural posture
- SOR issued
- 2016-06-17
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2017-10-10 Decision made by Administrative Judge Gregg A. Cervi.
- Decision date
- 2018-01-24 Appeal affirmed.
Cite for
- Affirmation of Denial Based on Lack of Harmful Error Allegation
- Limitations on New Evidence in Appeals
- Application of Guideline B Regarding Foreign Influence
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 seeking a security clearance after the Department of Defense denied it based on security concerns under Guideline B (Foreign Influence). The applicant did not allege any harmful error in the Administrative Judge's decision. The Board affirmed the denial of the security clearance.
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 B DIGEST: Applicant has not made an allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASE NO: 16-01653.a1 DATE: 01/24/2018 DATE: January 24, 2018 In Re: ------------ Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 16-01653
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 June 17, 2016, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline B (Foreign Influence) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On October 10, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Gregg A. Cervi denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant requested that his case be decided on the written record and provided a one-page narrative response to the government’s File of Relevant Material (FORM). His appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence including a narrative statement by the Applicant describing changes in his situation subsequent to the close of the record that might mitigate the identified security concerns. Some of this new evidence relates to allegations in which the Judge found in Applicant’s favor. The Board cannot consider new evidence on appeal. See Directive ¶ E3.1.29. Additionally, 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