A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 07-15592.a1
Appeal BoardDecided Jan 29, 2009 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to unresolved financial issues. The appeal was denied as the applicant did not allege harmful error by the judge, and new evidence regarding debt resolution could not be considered.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge.
- The Appeal Board cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- F.1 Financial Considerationsraised
Key rule quoted
“The Board cannot consider Applicant’s new evidence on appeal.”
Procedural posture
- SOR issued
- 2008-05-12
- Answer filed
- Applicant requested decision on written record.
- Hearing held
- 2008-11-25 Decision made by Administrative Judge.
- Decision date
- 2009-01-29 Appeal decision affirmed.
Cite for
- Limitations on Appeal Regarding New Evidence
- Requirements for Alleging Harmful Error
- Financial Considerations Under Guideline F
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 was filed by the Applicant after the Administrative Judge denied her request for a security clearance based on financial considerations. The Board affirmed the decision, noting that the Applicant did not allege any harmful error in her appeal.
Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.
Full decision
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Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: Applicant did not make an allegation of harmful error by the Judge. Therefore, the Board has no authority under the Directive to review Applicant’s case. Adverse decision affirmed. CASENO: 07-15592.a1 DATE: 01/29/2009 DATE: January 29, 2009 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 07-15592
Appearances
FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro Se The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On May 12, 2008, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security 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 November 25, 2008, after considering the record, Administrative Judge Marc E. Curry denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant requested that the case be decided on the written record and did not respond to the government’s file of relevant material (FORM). In her brief, she states that she misplaced the FORM package and then forgot about it. Applicant’s Brief at 1. 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 an explanatory statement and documentary exhibits, which indicate that she has paid or otherwise resolved the debts listed in the SOR. The Board cannot consider Applicant’s 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 security clearance is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, Appeal Board Signed: Michael D. Hipple Michael D. Hipple Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board