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ISCR 08-02916.a1: Guideline F security clearance appeal, denied (2009) · CASE

ISCR Case 08-02916.a1denied

Case headnote

ISCR Case No. 08-02916.a1

Feb 12, 2009· Hon. Michael Y. Ra'anan· appeal

Summary

An applicant, representing himself, was denied a security clearance under Guideline F (Financial Considerations) due to unresolved financial issues. The initial decision cited Disqualifying Condition F1, indicating that the applicant had significant overdue debts.

The applicant appealed the denial, but the Appeal Board upheld the original decision. The Board noted that the applicant did not assert any harmful error in the initial adjudication process. Furthermore, the Board was unable to consider new evidence submitted by the applicant on appeal, which reportedly concerned repayment of the outstanding debts.

Consequently, the security clearance was denied, as the financial concerns under Guideline F remained unresolved based on the evidence admissible during the review process.

Conditions referenced

Disqualifying

F1raisedInability or Unwillingness to Satisfy Debts

Key rule quoted

“The Board cannot consider Applicant’s new evidence on appeal.”

Procedural posture

SOR issuedMay 12, 2008
Answer filed—
Hearing heldDec 4, 2008
Decision dateFeb 12, 2009

Cite for

Limitations on the Appeal Board's Review Authority Regarding New Evidence
Requirements for Asserting Harmful Error in Appeals
Financial Considerations Under Guideline F Leading to Clearance Denial

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· Summary disposition

Affirmed

The appeal was filed by the Applicant after the Administrative Judge denied his request for a security clearance based on financial considerations. The Board affirmed the decision, noting that the Applicant did not assert any harmful error and that new evidence presented could not be considered on appeal.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowArthur E. Marshall, Jr. denied the clearance

Decided ona hearing

Guidelines belowGuideline F

What the Board reviewed

No specific harmful error alleged, raised by the applicantRejected
Applicant did not assert any harmful error on the part of the Judge.

Why the Board ruled this way

The Board affirmed the Administrative Judge's decision because the Applicant did not allege any harmful error and presented new evidence that could not be considered on appeal.

Appeal Board panel

Michael Y. Ra’anan (Chair)
Michael D. Hipple
William S. Fields

Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.

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

APPEAL

SYNOPSIS

KEYWORD: Guideline F DIGEST: The Board cannot consider Applicant’s new evidence on appeal. Adverse decision affirmed. CASENO: 08-02916.a1 DATE: 02/12/2009 DATE: February 12, 2009 In Re: ------ Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-02916

APPEAL BOARD SUMMARY DISPOSITION

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 a hearing. On December 4, 2008, after the hearing, Administrative Judge Arthur E. Marshall, Jr. denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. 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 in which Applicant asserts that he has now paid off three of his outstanding debts and is making arrangements to resolve the rest of them, by either paying them off or disputing them. 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