A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 10-09986.a2
DeniedDecided Jan 27, 2012 · Administrative Judge Jeffrey D. Billett · Hearing
Case headnote
Summary
The applicant, representing himself, sought reconsideration of a previous adverse decision regarding his security clearance. The Appeal Board found that the applicant did not provide a persuasive reason for a different outcome, leading to the denial of his motion for reconsideration. The decision affirmed the prior ruling without any changes.
Why the applicant was denied
- The applicant failed to articulate a persuasive reason for reconsideration.
- The Appeal Board affirmed the previous adverse decision without finding grounds for a different outcome.
Key rule quoted
“there is no right to reconsideration; we have the sole discretion to decide whether to exercise our inherent authority to reconsider one of our decisions.”
Procedural posture
- Decision Date
- 2012-01-27
- Initial Decision Date
- 2011-12-15 Prior adverse decision issued.
Cite for
- Discretionary Nature of Reconsideration Requests
- Lack of Right to Reconsideration in Security Clearance Cases
- Requirements for Articulating Persuasive Reasons for Reconsideration
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 C; Guideline B DIGEST: There is no right to reconsideration. Motion denied. Adverse decision affirmed. CASENO: 10-09986.a2 DATE: 01/27/2012 DATE: January 27, 2012 In Re: -------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 10-09986
Appeal Board Decision
ON APPLICANT’S REQUEST FOR RECONSIDERATION
Appearances
FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se On December 15, 2011, the Board issued an Appeal Board Decision in this case. Applicant has submitted a motion for reconsideration of that decision. Department Counsel has submitted a Reply Brief. We have authority to entertain requests to reconsider our decisions. However, there is no right to reconsideration; we have the sole discretion to decide whether to exercise our inherent authority to reconsider one of our decisions. See ISCR Case No. 08-09704 at 1-2 (App. Bd. Apr. 21, 2010). We have considered Applicant’s motion and Department Counsel’s Reply Brief. Applicant has failed to articulate a persuasive reason to conclude that, were we to reconsider our decision, we would reach a different result. Accordingly, Applicant’s motion is denied. Signed: Jeffrey D. Billett Jeffrey D. Billett 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