CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 08-08812.a1 — CASE

ISCR Case 08-08812.a1unknown

Case Headnote

ISCR Case No. 08-08812.a1

unknownMay 11, 2009· Hon. Michael Y. Ra'anan· hearing

Summary

This security clearance case involved an applicant representing himself, facing denial under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant contended that documents he had submitted were not considered by the Judge, which he believed led to the adverse decision.

Consequently, the case was remanded for further processing. This action was taken to ensure the Judge could properly consider the applicant's response to the File of Relevant Material (FORM).

As of the current information, there has been no final outcome in this matter.

Procedural Posture

SOR issuedDec 31, 2008
Answer filed—
Hearing heldApr 10, 2009Applicant requested a decision on the written record.
Decision dateMay 11, 2009Case remanded for further processing.

Cite For

Remand for Consideration of Additional Evidence Not Previously Included in the Record
Security Concerns Under Guideline H and Guideline E
Applicant's Right to Appeal Based on Procedural Issues

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 H; Guideline E DIGEST: Applicant asserts that he submitted documents which never reached the Judge. Department counsel does not contest the matter. Adverse decision remanded. CASENO: 08-08812.a1 DATE: 05/11/2009 DATE: May 11, 2009 In Re: ----- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-08812

APPEAL BOARD DECISION

APPEARANCES

FOR GOVERNMENT Tom Coale, Esq., Department Counsel FOR APPLICANT Pro Se The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On December 31, 2008, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision–security concerns raised under Guideline H (Drug Involvement) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On April 10, 2009, after considering the record, Administrative Judge Henry Lazarro denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal consists solely of his claim that he had submitted documents in response to the File of Relevant Material (FORM) that did not reach the Judge and which were not included in the record. He requests an expedited remand of his case to enable the Judge to consider his response to the FORM. By reply brief, Department Counsel does not oppose this course of action. Accordingly, 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: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board