A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 18-01354.a1
Appeal BoardDecided May 13, 2019 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, faced security concerns under Guideline F related to financial considerations. The appeal board found that evidence submitted by the applicant was not included in the record, leading to a remand for a new decision to consider this evidence.
Why the applicant prevailed
- The applicant made a prima facie showing that evidence was not included in the record.
Key rule quoted
“Considering the record as a whole, we conclude that Applicant has made a prima facie showing that she submitted some evidence that the Judge did not include in the record.”
Procedural posture
- SOR issued
- 2018-05-21
- Answer filed
- Hearing held
- 2019-02-28 Decision issued by Administrative Judge Juan J. Rivera
- Decision date
- 2019-05-13 Appeal decision remanding the case
Cite for
- Due Process Considerations Regarding Evidence Submission
- Remand for Reconsideration of Evidence Not Included in the Record
- Prima Facie Showing of Missing Evidence 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 involved a denial of security clearance based on financial considerations. The Applicant argued that evidence she submitted was not included in the record. The Board found merit in this claim and remanded the case for further consideration of the evidence.
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: Considering the record as a whole, we conclude that Applicant has made a prima facie showing that she submitted some evidence that the Judge did not include in the record. Accordingly, we conclude that the best resolution of this case is to remand it to the Judge for a new decision. Adverse decision remanded. CASENO: 18-01354.a1 DATE: 05/13/2019 DATE: May 13, 2019 ) In Re: ) ) -------------------------- ) ISCR Case No. 18-01354
) ) Applicant for Security Clearance ) )
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 May 21, 2018, 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 administrative record. On February 28, 2019, after considering the record, Defense Office of Hearings and Appeals (DOHA) 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 contends that she submitted evidence to the Judge that did not make it into the record. Although this is new evidence, we will consider it on the limited issue of due process. See, e.g., ISCR Case No. 14-05302 at 2 (App. Bd. Sep. 29, 2017). Considering the record as a whole, we conclude that Applicant has made a prima facie showing that she submitted some evidence that the Judge did not include in the record. Accordingly, we conclude that the best resolution of this case is to remand it to the Judge for a new decision. Chief Department Counsel states that he has no objection to a remand under the facts of this case. Accordingly, we remand the case to the Judge to consider the evidence that Applicant attempted to submit prior to the close of the record. Other issues raised by Applicant in her brief are not ripe for consideration at this time.
Order
The Decision is REMANDED. 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: Charles C. Hale Charles C. Hale Administrative Judge Member, Appeal Board