A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 17-02675.a1
Appeal BoardDecided Jun 14, 2018 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied based on financial considerations under Guideline F. The appeal was denied as the applicant did not allege harmful error by the judge and submitted new evidence that was not considered in the original decision.
Why the applicant was denied
- The applicant did not allege harmful error by the judge.
- The appeal contained new evidence that was not considered by the judge.
- The Board cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
Key rule quoted
“The Board does not review cases de novo.”
Procedural posture
- SOR issued
- 2017-08-15
- Answer filed
- Hearing held
- 2018-03-30 Decision made by Administrative Judge Juan J. Rivera.
- Decision date
- 2018-06-14 Appeal affirmed by the Appeal Board.
Cite for
- Denial of Security Clearance Based on Financial Considerations Under Guideline F
- Limitations on the Appeal Board's Review Authority
- Requirements for Alleging Harmful Error in 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 Administrative Judge denied her request for a security clearance based on financial considerations. The Board affirmed the decision, noting that the applicant did not raise any allegations of harmful error and submitted new evidence that was not considered. The appeal was therefore denied.
Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.
Full decision
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
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. Rather, it contains new evidence in the form of a narrative statement about her efforts to resolve alleged debts and documents not previously submitted to the Judge. Adverse decision affirmed. CASENO: 17-02675.a1 DATE: 06/14/2018 DATE: June 14, 2018 In Re: -------------------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No.17-02675
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 August 15, 2017, 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 30, 2018, after considering the record, Administrative Judge Juan J. Rivera 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 new evidence in the form of a narrative statement about her efforts to resolve alleged debts and documents not previously submitted to the Judge, most of which post-date the Judge’s decision. The Board cannot consider Applicant’s new evidence on appeal. See Directive ¶ E3.1.29. 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