A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 08-09704.a2
DeniedDecided 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
“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.”
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