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ISCR 04-07214.a1: Guideline F security clearance appeal, denied (2007) · CASE

ISCR Case 04-07214.a1denied

Case headnote

ISCR Case No. 04-07214.a1

deniedMar 16, 2007· Hon. Jean E. Smallin· appeal

Summary

This case concerns an applicant who sought a trustworthiness designation under Guideline F, Financial Considerations, and represented herself throughout the process. The Administrative Judge initially denied the applicant's request.

Upon appeal, the Appeal Board affirmed the Administrative Judge's decision, resulting in a denial of the trustworthiness designation. The denial was based on two key factors: the applicant did not allege any harmful error committed by the Administrative Judge, and the Appeal Board was unable to consider new evidence that the applicant presented during the appeal process.

Consequently, the applicant's appeal was denied, and the original decision under Guideline F was upheld.

Why the applicant was denied

The applicant did not allege any harmful error by the Administrative Judge.
The Appeal Board cannot consider new evidence presented in the appeal.

Conditions referenced

Disqualifying

AG FraisedFinancial Considerations

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 issuedJun 17, 2005
Answer filed—
Hearing heldApr 27, 2006
Decision dateMar 16, 2007

Cite for

Affirmation of Denial Due to Lack of Harmful Error Allegations
Limitations on the Appeal Board's Review Authority
Inability to Consider New Evidence on Appeal

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

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

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

SYNOPSIS

KEYWORD: Guideline F DIGEST: Applicant has not made an allegation of harmful error. Adverse decision affirmed. CASENO: 04-07214.a1 DATE: 03/16/2007 DATE: March 16, 2007 In Re: ------- SSN: -------- Applicant for Trustworthiness Determination ) ) ) ) ) ) ) ) ADP Case No. 04-07214

APPEAL BOARD SUMMARY DISPOSITION

APPEARANCES

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro Se The Defense Office of Hearings and Appeals (DOHA) proposed to deny or revoke access to automated information systems in ADP-I/II/III sensitivity positions for Applicant. On June 17, 2005, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—trustworthiness concerns raised under Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested the case be decided on the written record. On April 27, 2006, after considering the record, Administrative Judge Darlene Lokey Anderson denied Applicant’s request for a trustworthiness designation. Applicant timely appealed pursuant to the 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 new evidence, in the form of a statement from the Applicant, which indicates that she has obtained a current copy of her credit report, determined the status of her outstanding debts, enlisted the assistance of a credit attorney to clear up those debts, and is awaiting a plan of action from that attorney. The Board cannot consider this new evidence on appeal. See Directive ¶ E3.1.29. 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. It does not review cases de novo. Applicant has not made an allegation of harmful error. Therefore, the decision of the Judge denying Applicant a trustworthiness designation is AFFIRMED. Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board