CASEClearance Adjudication Search EngineCASE

Loading case…

ISCR Case 07-17920.a1 — CASE

ISCR Case 07-17920.a1unknown

Case Headnote

ISCR Case No. 07-17920.a1

unknownOct 3, 2008· Hon. Michael Y. Ra'anan· hearing

Summary

This DOHA security clearance case involved an applicant, represented by counsel, whose clearance was initially denied under Guideline F (Financial Considerations) due to various financial issues.

The DOHA Appeal Board reviewed the case after the applicant filed a motion asserting that an original response they had submitted was not considered during the initial adjudication. The Board determined that this oversight could prejudice the appeal rights of the parties involved.

Consequently, the Appeal Board remanded the case for further processing. This action ensures that the applicant's original response will be properly considered, allowing for a complete review of the financial considerations before a final security clearance decision is made. No final outcome on the clearance has been reached yet.

Procedural Posture

SOR issuedMar 16, 2008
Answer filed—
Hearing heldJul 28, 2008Decision by Administrative Judge Carol G. Ricciardello
Decision dateOct 3, 2008Remand by DOHA Appeal Board

Cite For

Remand for Consideration of Previously Unconsidered Evidence Under Guideline F
Administrative Economy in Processing Security Clearance Appeals
Ensuring No Prejudice to Appeal Rights During Remand Proceedings

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 F DIGEST: Remand to the Administrative Judge for further processing in light in light of Applicant’s motion regarding his “original response’ to the File of Relevant Material. Adverse decision remanded. CASENO: 07-17920.a1 DATE: 10/03/2008 DATE: October 3, 2008 In Re: ------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 07-17920

APPEAL BOARD DECISION

APPEARANCES

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Fred Grafstein, Esq. The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On March 16, 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 a decision on the written record. On July 28, 2008, after considering the record, Administrative Judge Carol G. Ricciardello denied Applicant’s request for a security clearance. Applicant filed a timely appeal pursuant to Directive ¶¶ E3.1.28 and E3.1.30. On August 27, 2008, Applicant filed a motion for expedited remand for the Judge to consider Applicant’s “original response [to the File of Relevant Material] which apparently had not been taken into account.” On September 4, 2008, Department Counsel filed a response to Applicant’s motion stating that he had no objection to the “expedited remand.” Accordingly, in the interest of administrative economy, the case is hereby remanded to the Judge for further processing. Nothing about this action shall prejudice the appeal rights of the parties. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, Appeal Board Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board