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ISCR Case 08-07341.a1 — CASE

ISCR Case 08-07341.a1denied

Case Headnote

ISCR Case No. 08-07341.a1

May 28, 2009· Hon. Michael Y. Ra'anan· appeal

Summary

An applicant, representing himself, was denied a security clearance under Guideline F (Financial Considerations) due to insufficient evidence regarding his financial claims. The initial denial was based on the applicant's failure to provide character evidence or documentation to support his assertions.

Upon appeal, the Appeal Board affirmed the denial. The Board noted that the applicant did not assert any harmful error by the Judge in the initial decision. Furthermore, the applicant again failed to provide the necessary character evidence or documentation to substantiate his financial claims during the appeal process.

Consequently, the security clearance was denied, with the decision primarily resting on the applicant's consistent inability to provide adequate supporting evidence for his financial situation as required under Guideline F.1.

Conditions Referenced

Disqualifying

F.1raisedInability to Satisfy Debts

Procedural Posture

SOR issuedNov 10, 2008
Answer filed—
Hearing heldApr 6, 2009Decision based on written record.
Decision dateMay 28, 2009

Cite For

Affirmation of Denial Based on Lack of Evidence Under Guideline F
Importance of Asserting Harmful Error in Appeals
Expectation of Pro Se Applicants to Protect Their Rights Under the Directive

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· Full written decision

Affirmed

The appeal involved an applicant seeking a security clearance who was denied based on financial considerations. The applicant did not assert any errors by the Administrative Judge in their appeal. The Board affirmed the denial as the applicant's brief contained no allegations of harmful error.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowPaul J. Mason — denied the clearance

Decided onthe written record

Guidelines belowGuideline F

What the Board reviewed

No specific harmful error alleged — raised by the applicantRejected
Applicant's brief contains no assertion of error on the part of the Judge.

Why the Board ruled this way

Applicant did not allege any harmful error in the Judge's decision. The Board affirmed the denial of the security clearance as there were no grounds for reversal or remand.

Standard of review applied

No de-novo re-decisionNo new evidence on appealProcedural compliance

Appeal Board panel

Michael Y. Ra’anan — Chair
Jean E. Smallin
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: Applicant’s brief contains no assertion of error on the part of the Judge. Adverse decision affirmed. CASENO: 08-07341.a1 DATE: 05/28/2009 DATE: May 28, 2009 In Re: ------ Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-07341

APPEAL BOARD DECISION

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 November 10, 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 April 6, 2009, after considering the record, Administrative Judge Paul J. Mason denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. In his brief, Applicant states: “ . . . the Judge did not do any thing wrong. “ Appellant’s Brief at 1. Decision at 4. Applicant’s Appeal Brief at 1. Decision at 2. Applicant’s appeal brief contains no assertion of error on the part of the Judge. Rather, it contains new evidence in the form of a statement from Applicant and four character reference letters. The Board cannot consider this new evidence on appeal. See Directive ¶ E3.1.29. In this case, Applicant elected to have a decision based upon the written record. The Judge based his decision, in part, on the fact that Applicant provided no character evidence, evidence of financial counseling, or evidence to corroborate his assertions that he was paying off his creditors.2 In his brief, Applicant states “. . . I did not know that information had to be supplied for his decision. No one told me that I had to have character letters or documentation of bills.” A review of the record indicates Applicant was provided with the procedural rights set forth in Executive Order 10865 and the Directive, including an opportunity to respond to the government’s file of relevant material (FORM). Applicant received the FORM on January 22, 2009. The FORM spelled out at Section VIII that Applicant had the opportunity “ . . . to submit documentary information in rebuttal or to explain adverse information in the FORM” and Applicant submitted a written response to it within the required 30-day time period. His response was admitted into the record without objection by the Government. Although pro se applicants cannot be expected to act like lawyers, they are expected to take timely, reasonable steps to protect their rights under the Directive. See, e.g., ISCR Case No. 00-0593 at 4 (App. Bd. May 14, 2001). If they fail to take timely, reasonable steps to protect their rights, that failure to act does not constitute a denial of their rights. See, e.g., ISCR Case No. 02-19896 at 6 (App. Bd. Dec. 29, 2003). Applicant’s argument does not persuade the Board that the case should be reversed or remanded. See, e.g., ISCR Case No. 05-03307 at 2 (App. Bd. May 7, 2007). 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. 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: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board