A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 08-09661.a1
Appeal BoardDecided Nov 24, 2009 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing themselves pro se, 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 in the judge's decision.
Why the applicant was denied
- The applicant did not assert harmful error in the judge's decision.
- The appeal board concluded that the judge's decision was not arbitrary or capricious.
Conditions referenced
Disqualifying
- F.1 Inability or unwillingness to satisfy debtsraised
Key rule quoted
“A party’s disagreement with the Judge’s weighing of the evidence...is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law.”
Procedural posture
- SOR issued
- 2009-02-12
- Answer filed
- Hearing held
- 2009-08-24
- Decision date
- 2009-11-24
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Importance of Asserting Harmful Error for Appeal
- Limitations of Appeal Board's Review Authority
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 their request for a security clearance based on financial considerations under Guideline F. The Board affirmed the decision as the Applicant did not assert any harmful error in the Judge's ruling.
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: Applicant has not asserted harmful error. Adverse decision affirmed. CASENO: 08-09661.a1 DATE: 11/24/2009 DATE: November 24, 2009 In Re: ------ Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-09661
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 February 12, 2009, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations) Applicant’s brief reads like an alternative Judge’s decision. To the extent that Applicant is asserting that the Judge should have written a decision similar to her brief, she has not demonstrated error. It is well settled that a party’s disagreement with the Judge’s weighing of the evidence, or a party’s ability to argue for a different interpretation of the evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. See, e.g., ISCR Case No. 06-22755 at 4 (App. Bd. Dec. 17, 2007). of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On August 24, 2009, after the hearing, Administrative Judge Marc E. Curry 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. 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. Applicant has not made an allegation of harmful error. 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: William S. Fields William S. Fields Administrative Judge Member, Appeal Board