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ISCR 08-09704.a2: security clearance hearing, denied (2010) · CASE

ISCR Case 08-09704.a2denied

Case headnote

ISCR Case No. 08-09704.a2

deniedApr 21, 2010· Hon. Jean E. Smallin· hearing

Summary

The applicant, representing herself, sought reconsideration of a prior adverse decision concerning her security clearance. The Appeal Board, citing the relevant guidelines, reviewed the request.

The Board determined that the applicant failed to identify any errors in the initial Appeal Board decision. Furthermore, the Board was unable to consider new evidence that the applicant submitted as part of her reconsideration request.

Based on these findings, the Appeal Board denied the applicant's request for reconsideration, upholding the original adverse decision regarding her security clearance.

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

“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.”
ISCR Case No. 98-0621 at 1-2 (App. Bd. Nov. 23, 1999)

Procedural posture

Decision dateApr 21, 2010
Request for reconsideration submittedApr 9, 2010
Response from Department CounselApr 14, 2010
Initial Appeal Board DecisionMar 31, 2010

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.

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 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