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ISCR Case 06-16810.a1 — CASE

Case record

ISCR Case 06-16810.a1

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date7/19/2007
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the hearing decision (Case 06-16810.h1) →
Participants
Applicant Representation: Pro Se
Judge: Jean E. Smallin, Michael D. Hipple, William S. Fields
Government Counsel: James B. Norman
Case Summary
The applicant in this case sought a security clearance but was denied by the Defense Office of Hearings and Appeals (DOHA) due to security concerns under Guideline J (Criminal Conduct). The Statement of Reasons (SOR) outlined the basis for the denial, which included allegations related to the applicant's criminal conduct. The applicant contested the adverse decision, arguing that the Administrative Judge's findings were based on factual or legal errors.
During the proceedings, the Administrative Judge considered the applicant's conduct in light of mitigating conditions and whole person factors. However, the Judge determined that the applicant was disqualified from obtaining a security clearance due to the application of 10 U.S.C. § 986, which was cited in the SOR. The applicant did not allege any harmful error in the Judge's decision, and the Appeal Board noted that it lacked the authority to grant waivers of the statute in question.
Ultimately, the Appeal Board affirmed the Judge's decision to deny the security clearance, stating that the applicant's request for a waiver of 10 U.S.C. § 986 could only be considered by the Director of DOHA or their designee. The Board referred the case for further consideration in accordance with the relevant directives.
Guidelines Evaluated
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 06-16810.a1

deniedJul 19, 2007· Hon. Jean E. Smallin· hearing

Summary

An applicant, representing himself, was denied a security clearance under Guideline J (Criminal Conduct). The denial was based on disqualifying conduct, specifically J1, which the Administrative Judge determined warranted the denial.

The applicant appealed this decision, but the Appeal Board upheld the original denial. The Board found no harmful error in the Administrative Judge's initial determination, concluding that the applicant's conduct remained disqualifying under Guideline J. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant's conduct was disqualifying under Guideline J (Criminal Conduct).
The Appeal Board found no harmful error in the Administrative Judge's decision.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct

Key Rule Quoted

“The Appeal Board does not have authority to grant waivers of 10 U.S.C. § 986.”

Procedural Posture

SOR issuedAug 31, 2006
Answer filed—
Hearing heldJan 31, 2007
Decision dateJul 19, 2007

Cite For

Authority of the Appeal Board Regarding Waivers of 10 U.S.C. § 986
Affirmation of Denial Based on Criminal Conduct Under Guideline J
Limitations of the Appeal Board's Review Authority Regarding Harmful Error Allegations.

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.