A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 09-06672.a1
Appeal BoardDecided Mar 18, 2011 · Administrative Judge Jean E. Smallin · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to unresolved financial issues. The appeal was based on new evidence regarding debt repayment plans, which the Board could not consider, leading to the affirmation of the denial.
Why the applicant was denied
- The applicant did not provide evidence of actual payments on debts, only promises to pay.
- The appeal did not assert harmful error by the Judge, limiting the Board's review to the existing record.
Conditions referenced
Disqualifying
- F.1 Inability or unwillingness to satisfy debtsraised
Key rule quoted
“The Board cannot consider Applicant’s new evidence on appeal.”
Procedural posture
- SOR issued
- 2010-05-17
- Answer filed
- Hearing held
- 2011-01-27 decided on the written record
- Decision date
- 2011-03-18
Cite for
- Limitations on the Board's Review Authority Regarding New Evidence
- Affirmation of Denial Based on Lack of Evidence of Debt Repayment
- Importance of Asserting Harmful Error in Appeals
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 a security clearance based on financial considerations under Guideline F. The Board affirmed the decision, noting that the Applicant did not assert any harmful error and presented new evidence that was not permissible for consideration on appeal.
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: The Board cannot consider Applicant’s new evidence on appeal. Adverse decision affirmed. CASENO: 09-06672.a1 DATE: 03/18/2011 DATE: March 18, 2011 In Re: ------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 09-06672
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 May 17, 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 January 27, 2011, after considering the record, Administrative Judge Jennifer I. Goldstein denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge, based upon the record that was before her. Rather, it contains new evidence, in the form of documents indicating that scheduled payments on Applicant’s outstanding debts are being made in accordance with debt repayment plans. In her decision, the Judge had noted that “[w]hile [Applicant] submitted evidence of promises to pay on the debts . . . he did not submit evidence of any actual payments.” Decision at 6. 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 based upon the record that was before her. 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: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board