A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 18-00198.a1
Appeal BoardDecided Dec 20, 2018 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance but was denied based on concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The Appeal Board affirmed the denial, noting that the applicant submitted character reference letters not in the record, which could not be considered. The applicant did not raise any allegations of error against the Administrative Judge's decision.
Why the applicant was denied
- The applicant's financial issues raised under Guideline F were significant and unresolved.
- The applicant's personal conduct concerns under Guideline E were not mitigated by any evidence in the record.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
- AG ¶ 15 Personal Conductraised
Procedural posture
- SOR issued
- 2018-01-31
- Answer filed
- Hearing held
- 2018-10-19 Applicant requested a decision on the written record.
- Decision date
- 2018-12-20
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Affirmation of Denial Based on Personal Conduct Under Guideline E
- Limitations of the Appeal Board to Consider New Evidence Not in the Record
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 his request for a security clearance based on security concerns under Guideline F and Guideline E. The Appeal Board affirmed the decision as the Applicant did not raise any allegations of error in his appeal.
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: In his appeal brief, Applicant forwarded character reference letters that are not contained in the record. The Appeal Board cannot consider new evidence. Adverse decision affirmed. CASENO: 18-00198.a1 DATE: 12/20/2018 DATE: December 20, 2018 In Re: ---------------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 18-00198
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 January 31, 2018, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On October 19, 2018, after considering the record, Administrative Judge Matthew E. Malone denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. In his appeal brief, Applicant forwarded character reference letters that are not contained in the record. The Appeal Board cannot consider new evidence. Directive ¶ E.3.1.29. Applicant’s appeal brief raises no allegations of error on the part of the Judge. Rather, it contains a request to reinstate his security clearance.
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: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed: Charles C. Hale Charles C. Hale Administrative Judge Member, Appeal Board