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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 08-09704.a2

Denied

Decided Apr 21, 2010 · Administrative Judge Jean E. Smallin · Hearing

Case headnote

Summary

The applicant, representing herself, sought reconsideration of a prior adverse decision regarding her security clearance. The Appeal Board found that the applicant did not identify any errors in the previous decision and denied her request for reconsideration, emphasizing that new evidence submitted could not be considered.

Why the applicant was denied

  • The applicant did not identify any error in the first Appeal Board decision.
  • The Board cannot consider new evidence submitted by the applicant.

Key rule quoted

Procedural posture

Decision date
2010-04-21
Request for reconsideration submitted
2010-04-09
Response from Department Counsel
2010-04-14
Initial Appeal Board Decision
2010-03-31

Cite for

  • Discretion of the Appeal Board Regarding Reconsideration Requests
  • Limitations on Evidence Considered in Reconsideration
  • Affirmation of Adverse Decisions When No Errors Are Identified

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

From the decision

Facts this decision states, each with the sentence it comes from. Descriptive of the record, not an assessment.

Full decision

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Decision text, by section

Synopsis

KEYWORD: Guideline F DIGEST: Applicant has not identified any error in the first Appeal Board decision in her case. Adverse decision affirmed. CASENO: 08-09704.a2 DATE: 04/21/2010 DATE: April 21, 2010 In Re: ------

Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 08-09704

Appeal Board Decision

ON APPLICANT’S REQUEST FOR RECONSIDERATION

Appearances

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se On March 31, 2010, the Board issued an Appeal Board Decision in this case. On April 9, 2010, Applicant submitted a request for clarification and/or reconsideration of that decision. Department Counsel submitted a response on April 14, 2010. The Board has inherent authority to entertain a request to reconsider its decisions. However, there is no right to reconsideration; the Board has the sole discretion to decide whether to exercise its inherent authority to reconsider one of its decisions. See ISCR Case No. 98-0621 at 1-2 (App. Bd. Nov. 23, 1999). We have considered Applicant’s brief and conclude that she has identified no error in our decision. Rather, she appears to express disagreement with our decision, submitting in support of her request new evidence, which we cannot consider. See Directive ¶ E3.1.29. Accordingly, Applicant’s request is denied. Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, 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