A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 09-08430.a1
Appeal BoardDecided Apr 21, 2011 · Administrative Judge Jeffrey D. Billett · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to failure to allege harmful error in the initial decision. The appeal was based on new evidence that could not be considered, leading to the affirmation of the adverse decision.
Why the applicant was denied
- The applicant did not allege harmful error by the judge.
- The Board cannot consider new evidence submitted on appeal.
Conditions referenced
Disqualifying
- AG ¶ 19 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
- 2010-05-19
- Answer filed
- Applicant requested decision on written record.
- Hearing held
- 2011-02-02 Decision issued by Administrative Judge Robert J. Tuider.
- Decision date
- 2011-04-21 Appeal decision affirmed.
Cite for
- Affirmation of Adverse Decision Due to Lack of Harmful Error Allegation
- Limitations on New Evidence Submission During Appeal
- Authority of the Appeal Board in Reviewing Cases
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 her request for a security clearance based on financial considerations under Guideline F. The Board affirmed the decision as the Applicant did not allege any harmful error and submitted new evidence that was not permissible for consideration. The appeal was affirmed without reaching the merits.
Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.
Full decision
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: Applicant submitted new evidence on appeal, which the Board cannot consider. Applicant has made no allegation of harmful error. Adverse decision affirmed. CASE NO: 09-08430.a1 DATE: 04/21/2011 DATE: April 21, 2011 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 09-08430
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 19, 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 February 2, 2011, after considering the record, Administrative Judge Robert J. Tuider denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
Footnotes
1 Applicant did not file a response to the government’s File of Relevant Material. 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 explaining the status of her various debts, along with a credit report, summary of judicial records, and character reference letter, all dated subsequent to the issuance of the decision in this case.1 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