A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 16-03184.a1
Appeal BoardDecided May 23, 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. The appeal was affirmed as the applicant did not allege any harmful error by the judge, and the negative impact of losing the clearance was deemed irrelevant to the eligibility evaluation.
Why the applicant was denied
- The applicant did not allege any harmful error by the judge.
- The adverse impact of losing the clearance was not a relevant consideration in evaluating eligibility.
Conditions referenced
Disqualifying
- F.1 Financial Considerationsraised
Key rule quoted
“the adverse impact that an unfavorable decision may have on an applicant is not a relevant or material consideration in evaluating security clearance eligibility.”
Procedural posture
- SOR issued
- 2016-11-15
- Answer filed
- Hearing held
- 2018-03-09
- Decision date
- 2018-05-23
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Irrelevance of Personal Impact in Security Clearance Evaluations
- Lack of Harmful Error Allegations as Grounds for Appeal
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 under Guideline F. The applicant appealed but did not raise any allegations of harmful error. The Board affirmed the Administrative Judge's decision to deny the 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 F DIGEST: Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASENO: 16-03184.a1 DATE: 05/23/2018 DATE: May 23, 2018 In Re: ------------------------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No.16-03184
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 15, 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 a decision on the written record. On March 9, 2018, after considering the record, Administrative Judge Wilford H. Ross denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Rather, it contains a narrative statement about his efforts to resolve the debts. It also contains new evidence that the Appeal Board cannot consider. Directive ¶ E3.1.29. Additionally, Applicant noted that losing his security clearance has had a negative impact on him and his family. However, the adverse impact that an unfavorable decision may have on an applicant is not a relevant or material consideration in evaluating security clearance eligibility. See, e.g., ISCR Case No. 14-04202 at 4 (App. Bd. Dec. 24, 2015). The Board does not review cases 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. Because Applicant has not made such an allegation of 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