A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 07-17920.a1
Not statedDecided Oct 3, 2008 · Administrative Judge Michael Y. Ra'anan · Hearing
Case headnote
Summary
The applicant, represented by counsel, faced security clearance denial under Guideline F (Financial Considerations) due to financial issues. The DOHA Appeal Board remanded the case for further processing after the applicant's motion indicated that an original response was not considered, ensuring no prejudice to the parties' appeal rights.
Procedural posture
- SOR issued
- 2008-03-16
- Answer filed
- Hearing held
- 2008-07-28 Decision by Administrative Judge Carol G. Ricciardello
- Decision date
- 2008-10-03 Remand 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
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From the decision
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Allegations under Guideline F
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4 rows in this decision.
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Full decision
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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
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