A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 09-08244.a1
Appeal BoardDecided Apr 21, 2011 · Administrative Judge Jeffrey D. Billett · 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 denied as the applicant did not allege harmful error by the judge, and new evidence submitted was not considered.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge.
- The new evidence submitted on appeal was not considered as it did not pertain to harmful error.
Conditions referenced
Disqualifying
- F1 Financial Considerationsraised
Key rule quoted
“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.”
Procedural posture
- SOR issued
- 2010-05-21
- Answer filed
- Hearing held
- 2011-02-03
- Decision date
- 2011-04-21
Cite for
- Limitations on the Appeal Board's Authority Regarding New Evidence
- Requirements for Alleging Harmful Error in Appeals
- 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 was filed by the Applicant after the Administrative Judge denied his request for a security clearance based on financial considerations. The Board affirmed the decision, noting that the Applicant did not allege any harmful error and submitted 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: Applicant submitted new evidence on appeal, which the Board cannot consider. Applicant has not made an allegation of harmful error by the Judge. Adverse decision affirmed. CASE NO: 09-08244.a1 DATE: 04/21/2011 DATE: April 21, 2011 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 09-08244
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 21, 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 a hearing. On February 3, 2011, after the hearing, Administrative Judge Darlene D. Lokey Anderson 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. Rather, it contains new evidence, in the form of a statement by the Applicant and supporting documentation, which indicates that subsequent to the close of the record in this case: 1) his application for loan modification was accepted and he expects to sign documentation to that effect any day, 2) he has listed one of his rental properties for sale and will eventually use the expected proceeds to pay of all existing debts, and 3) all of his debts continue to be handled and/or paid off by a law firm he hired to work with his creditors. 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: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, 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