A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 09-00955a.red
Appeal BoardDecided Feb 10, 2011 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F concerning financial considerations. The denial was based on the applicant's failure to assert harmful error and the introduction of new evidence that was not permissible for consideration on appeal. The Appeal Board affirmed the Administrative Judge's decision to deny the clearance.
Why the applicant was denied
- The applicant did not assert harmful error on the part of the Judge.
- New evidence presented by the applicant could not be considered on appeal.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
Key rule quoted
“The Board cannot consider Applicant’s new evidence on appeal.”
Procedural posture
- SOR issued
- 2010-06-09
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2010-11-30 Administrative Judge denied the request for a security clearance.
- Decision date
- 2011-02-10 Appeal Board affirmed the decision.
Cite for
- Failure to Assert Harmful Error as a Basis for Appeal
- Limitations on New Evidence in Security Clearance Appeals
- Affirmation of Denial Based on Financial Considerations Under Guideline F
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 who was denied based on financial considerations under Guideline F. The applicant did not assert any harmful error in the Administrative Judge's decision and instead submitted new evidence, which the Board could not consider. The Board affirmed the denial of the security clearance.
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 did not raise an issue of harmful error. His new evidence cannot be considered upon appeal. Adverse decision affirmed. CASE NO: 09-00955a.red DATE: 02/10/2011 DATE: February 10, 2011 In Re: --------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 09-00955
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 June 9, 2010, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations) 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 November 30, 2010, after considering the record, Administrative Judge Paul J. Mason denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. In this case, Applicant did not file a response to the Government’s file of relevant material. His appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence, in the form of documents relating to Applicant’s participation in a debt repayment plan in 2008, his receipt of unemployment compensation, his negotiation of a payment plan for one of his debts in January 2011, and an unexplained IRS notice for the year 2007. The Board cannot consider Applicant’s 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. Applicant has not made an allegation of harmful error on the part of the Judge. 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: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board