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ISCR 04-09429.a2: security clearance hearing, denied (2007) · CASE

ISCR Case 04-09429.a2denied

Case headnote

ISCR Case No. 04-09429.a2

deniedAug 6, 2007· Hon. Michael D. Hipple· hearing

Summary

An applicant, represented by counsel, sought reconsideration of a previously denied security clearance. The Board, exercising its sole discretion, reviewed the request, noting that there is no inherent right to reconsideration.

The applicant identified several alleged errors in the initial denial. However, the Board found only one of these identified errors to be meritorious. Despite this finding, the Board determined that the error was harmless and did not affect the original decision.

Consequently, the Board denied the request for reconsideration, upholding the initial denial of the security clearance under the cited guidelines.

Why the applicant was denied

The Board found only one of the applicant's identified errors to be meritorious, but it was deemed harmless.
There is no right to reconsideration; the Board has sole discretion to decide whether to exercise its authority to reconsider.

Key rule quoted

“However, there is no right to reconsideration; the Board has the sole discretion to decide whether to exercise its inherent authority to reconsider one of its decisions.”
ISCR Case No. 98-0621 at 1-2 (App. Bd. Nov. 23, 1999)

Procedural posture

Decision DateAug 6, 2007
Request for Reconsideration FiledJul 12, 2007
Response from Department CounselJul 23, 2007
Initial Decision DateJul 2, 2007

Cite for

Inherent Authority of the Board to Entertain Requests for Reconsideration
Discretion of the Board Regarding Reconsideration Requests
No Right to Reconsideration of Decisions by the Board

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

HEARING

SYNOPSIS

KEYWORD: Guideline J; Guideline G; Guideline E DIGEST: The Board has inherent authority to entertain a request for reconsideration. However, there is no right to reconsideration. Applicant’s request is denied. CASENO: 04-09429.a2 DATE: 08/06/2007 DATE: August 6, 2007 In Re: ---------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 04-09429

APPEAL BOARD DECISION

ON APPLICANT’S REQUEST FOR RECONSIDERATION

APPEARANCES

FOR GOVERNMENT Braden M. Murphy, Esq., Department Counsel FOR APPLICANT Kris E. Durmer, Esq. On July 2, 2007, the Board issued an Appeal Board Decision in this case. On July 12, 2007, Applicant submitted a request for clarification and/or reconsideration of this decision. Department Counsel submitted a response on July 23, 2007. The Board has inherent authority to entertain a request to reconsider its decisions. However, there is no right to reconsideration; the Board has the sole discretion to decide whether to exercise its inherent authority to reconsider one of its decisions. See ISCR Case No. 98-0621 at 1-2 (App. Bd. Nov. 23, 1999). Applicant identifies three ostensible errors which he contends support his motion for reconsideration. The Board has considered Applicant’s brief and concludes that only one of these contentions is meritorious. However, as the error in question is merely typographical, it is harmless. Accordingly, Applicant’s request is denied. Signed: Michael D. Hipple Michael D. Hipple 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