A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 10-10994.a1
Appeal BoardDecided Nov 14, 2012 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, 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 assert any harmful error in the initial decision and submitted new evidence that could not be considered by the Board. The denial was upheld based on the lack of harmful error and the applicant's financial concerns.
Why the applicant was denied
- The applicant did not assert harmful error in the appeal.
- The Board cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- F.1 Inability to satisfy debtsraised
Key rule quoted
“The Board cannot consider Applicant’s new evidence on appeal.”
Procedural posture
- SOR issued
- 2012-03-08
- Answer filed
- Applicant requested decision on written record.
- Hearing held
- 2012-08-30 Decision issued by Administrative Judge Nichole L. Noel.
- Decision date
- 2012-11-14 Appeal decision affirmed.
Cite for
- Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
- Limitations on the Board's Authority to Consider New Evidence on Appeal
- Requirement for Assertion of Harmful Error for Successful Appeal
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 for a security clearance after the Administrative Judge denied the request based on financial considerations under Guideline F. The Applicant did not assert any harmful error in the appeal, leading the Board to affirm the denial of the security clearance. The Board noted that it cannot consider new evidence presented by the Applicant during the appeal process.
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 raised no assertion of harmful error. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 10-10994.a1 DATE: 11/14/2012 DATE: November 14, 2012 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 10-10994
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 March 8, 2012, 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 August 30, 2012, after considering the record, Administrative Judge Nichole L. Noel 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 documents explaining the current status of her debts, and the actions she has taken to address her financial problems.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: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, Appeal Board Signed: Jean E. Smallin Jean Smallin Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board