A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 08-05372.a1
Appeal BoardDecided Nov 26, 2008 · 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 Board affirmed the denial, noting that the applicant did not assert any harmful error by the Judge and that new evidence regarding tax debt could not be considered on appeal.
Why the applicant was denied
- The applicant had unresolved financial issues that raised security concerns under Guideline F.
- The Appeal Board found no harmful error in the Judge's decision to deny the security clearance.
Conditions referenced
Disqualifying
- AG ¶ 19 Financial Considerationsraised
Mitigating
- AG ¶ 20 Financial Considerationsapplied
Key rule quoted
“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.”
Procedural posture
- SOR issued
- 2008-06-19
- Answer filed
- Hearing held
- 2008-09-22
- Decision date
- 2008-11-26
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations of the Appeal Board's Authority Regarding New Evidence
- Requirements for Alleging Harmful Error in Appeals
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 assert 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: Appeal Board’s authority is limited. The Board does not have authority to grant interim clearances. Adverse decision affirmed. CASENO: 08-05372.a1 DATE: 11/26/2008 DATE: November 26, 2008 In Re: ---------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-05372
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 June 19, 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 The Judge found in favor of Applicant as to SOR paragraphs 1(c), (d), (e), (f), (g) and (i) Those favorable findings are not at issue on appeal. Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On September 22, 2008, after the hearing, Administrative Judge Mark W. Harvey 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 which indicates that the IRS’s Taxpayer Advocate Service is attempting to resolved Applicant’s outstanding tax debt. The Board cannot consider this 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. Nor does it have authority to grant an interim clearance so that Applicant can resolve her financial problems. See. e.g., ISCR Case No. 06-26686 at 1-2 (App. Bd. Mar. 21, 2008). 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: Jeffrey D. Billettt Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board