A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-02768.a1
Appeal BoardDecided Jul 1, 2015 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance under Guideline F concerning financial considerations. The Department of Defense denied the application due to unresolved financial issues, and the Appeal Board affirmed the denial, noting the applicant did not allege harmful error in the initial ruling.
Why the applicant was denied
- The applicant did not allege harmful error in the Judge's decision.
- The Appeal Board's review is limited to allegations of harmful error and cannot consider new evidence.
Conditions referenced
Disqualifying
- F.1 Inability to satisfy debtsraised
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
- 2014-07-28
- Answer filed
- Hearing held
- 2015-04-27
- Decision date
- 2015-07-01
Cite for
- Limitations of the Appeal Board's Review Authority
- Requirements for Alleging Harmful Error
- Affirmation of Denial Based on 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 applicant appealed the denial of a security clearance based on financial considerations under Guideline F. The Appeal Board affirmed the decision as the applicant did not assert any harmful error in the Administrative Judge's ruling.
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: The Appeal Board’s authority to review cases is limited to those in which the appealing party has alleged harmful error. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 14-02768.a1 DATE: 07/01/2015 DATE: July 1, 2015 In Re: --------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-02768
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 28, 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 hearing. On April 27, 2015, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Roger C. Wesley 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, his submission contains a narrative statement that summarizes the evidence presented at the hearing, updates his financial circumstances, and states that although he is currently unemployed, he intends to address his financial and credit obligations. As part of his submission, he attaches copies of exhibits that he introduced at the hearing. Decision at 2. 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: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board