A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 04-09429.a2
DeniedDecided Aug 6, 2007 · Administrative Judge Michael D. Hipple · Hearing
Case headnote
Summary
The applicant, represented by counsel, sought reconsideration of a previous denial of security clearance. The Board found only one of the applicant's identified errors to be meritorious but deemed it harmless, leading to the denial of the reconsideration request.
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.”
Procedural posture
- Decision Date
- 2007-08-06
- Request for Reconsideration Filed
- 2007-07-12
- Response from Department Counsel
- 2007-07-23
- Initial Decision Date
- 2007-07-02
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.
From the decision
Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.
Full decision
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Decision text, by section
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