A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-00922.a1
Appeal BoardDecided Mar 11, 2015 · 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 was denied as the applicant did not assert any harmful error in the judge's decision and submitted new evidence that was not considered by the Board. The Board affirmed the adverse decision of the Administrative Judge.
Why the applicant was denied
- The applicant did not assert harmful error in the judge's decision.
- The Board cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- F1 Financial Considerationsraised
Key rule quoted
“The Board cannot consider new evidence on appeal.”
Procedural posture
- SOR issued
- 2014-04-25
- Answer filed
- Hearing held
- 2014-12-31 Decision on the written record.
- Decision date
- 2015-03-11
Cite for
- Limitations on New Evidence in Appeals
- Requirements for Asserting Harmful Error
- 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 denial of a security clearance based on financial considerations under Guideline F. The Board affirmed the Administrative Judge's decision as the Applicant did not assert 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
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASENO: 14-00922.a1 DATE: 03/11/2015 DATE: March 11, 2015 In Re: ------ Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-00922
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 April 25, 2014, 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 requested a decision on the written record. On December 31, 2014, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge David M. White 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 and documentary exhibits. In the statement, Applicant discusses his current employment and financial situation, and explains why he elected a decision on the written record rather than a hearing. The documentary exhibits include three character reference letters, and copies of a settlement agreement, a canceled check, and a nine- page account summary showing the payment of outstanding debts. Two of the letters are undated, and the remainder of the exhibits are dated subsequent to the Judge’s adverse decision in Applicant’s case. 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 is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, 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