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

ISCR Case No. 16-03915.a1

Appeal Board

Decided Mar 9, 2018 · Administrative Judge Michael Y. Ra'anan · Appeal

Case headnote

Summary

The applicant, representing himself, sought a security clearance but was denied due to concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). The appeal was denied as the applicant did not assert any harmful error by the judge, leading to the affirmation of the initial denial.

Why the applicant was denied

  • The applicant did not assert any harmful error by the judge in the appeal.
  • The Appeal Board's review is limited to cases where harmful error is alleged.

Conditions referenced

Disqualifying

  • Guideline G Alcohol Consumptionraised
  • Guideline J Criminal Conductraised

Key rule quoted

“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.”

Procedural posture

SOR issued
2017-03-10
Answer filed
Hearing held
2017-11-29 Decision made by Administrative Judge Candace Le’i Garcia.
Decision date
2018-03-09 Appeal decision affirmed.

Cite for

  • Affirmation of Denial Due to Lack of Harmful Error Assertion
  • Limitations of Appeal Board Review Authority
  • Relevance of Guidelines G and J in Security Clearance Cases

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 denial of a security clearance based on concerns under Guideline G and Guideline J. The Board affirmed the Administrative Judge's decision as the Applicant did not assert any harmful error in the appeal. The decision stands as issued by the Judge.

Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.

Full decision

Open original PDF

The complete official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

Synopsis

KEYWORD: Guideline G; Guideline J DIGEST: Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. 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. Adverse decision affirmed. CASENO: 16-03915.a1 DATE: 03/09/2018 DATE: March 09, 2018 In Re: -------------------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 16-03915

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 March 10, 2017, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On November 29, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Candace Le’i Garcia 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 a statement explaining the corrective actions that he has taken and his commitment to change his life. 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. Because Applicant has not made an allegation of harmful error on the part of the Judge, the decision of the Judge is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board