A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 08-09400.a1
Appeal BoardDecided May 20, 2010 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance but was denied due to concerns under Guideline G (Alcohol Consumption) and Guideline E (Personal Conduct). The appeal was denied because the applicant's brief did not assert any harmful error, and the Board could not consider new evidence. The adverse decision was affirmed based on the lack of a valid appeal argument.
Why the applicant was denied
- The applicant's appeal brief contained no assertion of harmful error.
- The Board does not exercise de novo review and cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- G2 Alcohol Consumptionraised
- E2 Personal Conductraised
Key rule quoted
“The Board does not review cases de novo.”
Procedural posture
- SOR issued
- 2009-09-23
- Answer filed
- Hearing held
- 2010-03-31 Applicant requested decision on written record.
- Decision date
- 2010-05-20 Appeal decision affirmed.
Cite for
- Affirmation of Adverse Decision Due to Lack of Harmful Error Assertion
- Limitations on the Board's Review Authority
- Pro Se Representation in Security Clearance 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 involved an applicant seeking a security clearance after being denied due to concerns under Guideline G and Guideline E. The Board affirmed the denial as the applicant's appeal did not assert any harmful error, and new evidence could not be considered.
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 G; Guideline E DIGEST: Applicant’s appeal brief contained no assertion of harmful error. The Board does not exercise de novo review. Therefore, the Board cannot consider Applicant’s appeal. Neither can the Board consider new evidence on appeal. Adverse decision affirmed. CASENO: 08-09400.a1 DATE: 05/20/2010 DATE: May 20, 2010 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-09400
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 September 23, 2009, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline G (Alcohol Consumption) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested that the case be decided on the written record. On March 31, 2010, after reviewing the record, Administrative Judge Philip S. Howe denied Applicant’s request for a security clearance. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief makes no assertion of harmful error on the part of the Judge. Applicant does offer additional written materials which he asserts support a reversal of the Judge’s adverse security clearance decision. However, the Board may not consider 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. See Directive ¶ E3.1.32. The Board does not review cases de novo. Therefore, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board