A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 22-00579
Appeal BoardDecided Mar 6, 2023 · Administrative Judge Gregg A. Cervi · Appeal
Case headnote
Summary
The applicant, representing herself, faced denial of a security clearance under Guideline F due to financial issues, specifically eight delinquent student loans and one consumer debt. The Administrative Judge upheld the denial, and the Appeal Board affirmed the decision, noting the applicant did not demonstrate any harmful error in the Judge's ruling.
Why the applicant was denied
- The applicant admitted to most allegations, including eight delinquent student loans and one consumer debt.
- The Judge found against the applicant on all allegations related to financial considerations.
Conditions referenced
Disqualifying
- F.1 Inability or unwillingness to satisfy debtsraised
Key rule quoted
“The 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
- 2022-04-13
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2023-01-11 Decision made based on written record.
- Decision date
- 2023-03-06 Appeal affirmed.
Cite for
- Denial of Security Clearance Due to Financial Considerations Under Guideline F
- Limitations on the Appeal Board's Review Authority
- Applicant's Admission of Financial Delinquency as a Basis for Denial
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, representing herself, did not assert any harmful error in the Administrative Judge's decision. The Appeal Board affirmed the denial of security clearance eligibility.
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
Appearances
_______________________________________________ ) In the matter of: )
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ISCR Case No. 22-00579
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) Applicant for Security Clearance ) _______________________________________) DEPARTMENT OF DEFENSE DEFENSE LEGAL SERVICES AGENCY DEFENSE OFFICE OF HEARINGS AND APPEALS APPEAL BOARD POST OFFICE BOX 3656 ARLINGTON, VIRGINIA 22203 (703) 696-4759 Date: March 6, 2023
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 April 13, 2022, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision―security concerns raised under Guideline F (Financial Considerations) of DoD Directive 5220.6 (January 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On January 11, 2023, after considering the written record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Noreen A. Lynch denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. The SOR alleged that Applicant had eight delinquent student loans and one consumer debt. In responding to the SOR, Applicant admitted all but one of the allegations. The Judge found against Applicant on all allegations.
Applicant’s appeal brief contains new evidence that the Appeal Board is prohibited from considering. Directive ¶ E3.1.29. Her brief does not assert that the Judge committed any harmful error. The Appeal Board does not review cases de novo. The 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 alleged such a harmful error, the decision of the Judge denying Applicant security clearance eligibility is sustainable.
Order
The decision is AFFIRMED. Signed: James F. Duffy James F. Duffy Administrative Judge Chairperson, Appeal Board Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Member, Appeal Board Signed: Gregg A. Cervi Gregg A. Cervi Administrative Judge Member, Appeal Board