A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 11-04339
Appeal BoardDecided Feb 13, 2013 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance but was denied based on financial considerations under Guideline F. The Appeal Board affirmed the denial, noting that the applicant did not allege harmful error by the judge and that new evidence submitted could not be considered on appeal.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge.
- The Appeal Board cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- F.1 Inability or unwillingness to satisfy debtsraised
Key rule quoted
“The Board may not consider new evidence on appeal.”
Procedural posture
- SOR issued
- 2012-07-19
- Answer filed
- Applicant elected to have his case decided on the written record.
- Hearing held
- 2012-11-23 Decision made by Administrative Judge Robert E. Coacher.
- Decision date
- 2013-02-13 Appeal Board affirmed the denial.
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations on the Appeal Board's Authority Regarding New Evidence
- Requirement for Alleging Harmful Error for Appeal Consideration
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 denial of a security clearance based on financial considerations. The Board affirmed the Administrative Judge's decision as the Applicant did not assert any harmful error. The Board noted that it cannot consider new evidence submitted 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 did not alleged harmful error by the Judge. The Appeal Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 11-04339 DATE: 02/13/2013 DATE: February 13, 2013 In Re: --------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 11-04339
Appearances
FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a security clearance. On July 19, 2012, DoD 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 elected to have his case decided on the written record. On November 23, 2012, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Robert E. Coacher 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 makes no assertion of harmful error on the part of the Judge. He submitted materials with his brief that reflect efforts he is making to resolve his outstanding debt. Applicant also made assertions concerning correspondence he has had with creditors and a court, further detailing those efforts. A number of the written documents submitted on appeal and some of the representations made by Applicant on appeal are not contained in the record below. The Board may not consider new evidence on appeal. See Directive ¶ E3.1.29. Additionally, 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. See Directive ¶ E3.1.32. The Board does not review cases de novo. Therefore, the decision of the Judge denying Applicant a security clearance is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board