A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-05934.a1
Appeal BoardDecided Sep 23, 2016 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, faced security clearance denial under Guideline F due to eight delinquent debts totaling approximately $20,000, including significant student loans. The applicant's claims of repayment were unsupported by corroborating evidence, leading to the affirmation of the adverse decision by the appeal board.
Why the applicant was denied
- The applicant had eight delinquent debts totaling about $20,000, including significant student loans.
- The applicant's claims of repayment lacked corroborating evidence.
- New documents submitted on appeal were not considered by the board.
Conditions referenced
Disqualifying
- AG ¶ 19 Financial Considerationsraised
Key rule quoted
“With his brief, Applicant submitted new evidence that the Board may not consider.”
Procedural posture
- SOR issued
- 2015-04-05
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2016-06-27 Decision made by Administrative Judge Matthew E. Malone.
- Decision date
- 2016-09-23 Appeal decision affirmed.
Cite for
- Affirmation of Adverse Decision Due to Lack of Corroborating Evidence for Financial Claims
- Limitations on New Evidence Submission During Appeal
- Criteria for 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 Administrative Judge denied his request for a security clearance based on financial considerations. The Board affirmed the decision, stating that the Applicant did not demonstrate any harmful error in the Judge's findings regarding his delinquent debts.
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: With his brief, Applicant submitted new evidence that the Board may not consider. Adverse decision affirmed. CASENO: 14-05934.a1 DATE: 09/23/2016 DATE: September 23, 2016 In Re: --------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-05934
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 5, 2015, 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 June 27, 2016, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Matthew E. Malone denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. The SOR alleged that Applicant had eight delinquent debts totaling about $20,000. Six of those debts were student loans totaling about $12,000. The Judge found against Applicant on all the debts. In the decision, the Judge noted that Applicant claimed in his SOR response that he was paying the student loans and had resolved the two other debts. The Judge noted that Applicant did not submit any corroborating evidence to support his claims. In his appeal brief, Applicant presented documents that were not part of the record before the Judge. These documents constitute new evidence that the Board can neither receive nor consider. See Directive ¶ E3.1.29. Applicant has not shown that the Judge committed any harmful error. The Judge’s decision is sustainable on the record.
Order
The Decision is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board