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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 14-02360.a1

Appeal Board

Decided Apr 20, 2016 · Administrative Judge Michael Y. Ra'anan · Appeal

Case headnote

Summary

The applicant, representing himself, sought a security clearance under Guideline G concerning alcohol consumption. The appeal was denied due to the applicant's failure to assert harmful error by the judge, limiting the Board's review authority. The applicant's corrective actions taken post-hearing were not considered new evidence for the appeal.

Why the applicant was denied

  • The applicant did not assert harmful error by the judge in the appeal brief.
  • The Board cannot consider new evidence on appeal.
  • The appeal was limited to allegations of harmful error, which were not made.

Conditions referenced

Disqualifying

  • G.2.a Alcohol-related incidentsraised

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
2015-01-21
Answer filed
Hearing held
2016-01-21
Decision date
2016-04-20

Cite for

  • Limitations on Appeal Regarding Harmful Error Assertions
  • The Inability to Introduce New Evidence During an Appeal
  • The Importance of Asserting Harmful Error for Successful Appeals

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 his request for a security clearance based on concerns under Guideline G. The Applicant's appeal did not assert any harmful error by the Judge, leading the Board to affirm the decision.

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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The complete official text, footnotes and signatures included, is in the original PDF.

Decision text, by section

Synopsis

KEYWORD: Guideline G DIGEST: Applicant’s appeal brief contains no assertion of harmful error by the Judge. It contains a statement by the Applicant as to corrective actions he has taken since the hearing. The Board cannot consider new evidence on appeal. 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. Adverse decision affirmed. CASENO: 14-02360.a1 DATE: 04/20/2016 DATE: April 20, 2016 In Re: ------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-02360

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 January 21, 2015, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline G (Alcohol Consumption) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On January 21, 2016, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Paul J. Mason 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 a statement by the Applicant as to corrective actions he has taken since the hearing to address circumstances referenced in the Judge’s decision. The Board cannot consider any new evidence on appeal. See Directive ¶ E3.1.29. Additionally, the Board does not review a case de novo. 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 Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board