A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 12-04740.a1
Appeal BoardDecided Sep 22, 2017 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied based on financial concerns under Guideline F. Despite claiming improved financial status and completion of credit counseling, the Board affirmed the denial as the applicant did not allege any harmful error by the judge during the initial decision.
Why the applicant was denied
- The applicant did not allege harmful error by the judge.
- The Board cannot consider new evidence on appeal.
Conditions referenced
Disqualifying
- F.1 Financial Considerationsraised
Mitigating
- F.2 Financial Considerationsrejected
Key rule quoted
“The Board cannot receive or consider any new evidence on appeal.”
Procedural posture
- SOR issued
- 2014-08-07
- Answer filed
- Hearing held
- 2017-07-07 Decision made by Administrative Judge Paul J. Mason.
- Decision date
- 2017-09-22 Appeal affirmed by the Board.
Cite for
- Limitations on Introducing New Evidence on Appeal
- Requirements for Alleging Harmful Error
- Affirmation of Adverse Decisions When No Harmful Error Is Claimed
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 appeal was based solely on the Applicant's improved financial situation, which the Board could not consider as new evidence.
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 Board cannot receive or consider any new evidence on appeal. Applicant has not made an allegation of harmful error on the part of the Judge. Adverse decision affirmed. CASENO: 12-04740.a1 DATE: 09/22/2017 DATE: September 22, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 12-04740
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 August 7, 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 July 7, 2017, after considering the record, 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 narrative statement in which Applicant states that her financial status has improved due to a recent promotion and the steady growth of her husband’s business. Additionally, she has completed credit counseling and is in the process of starting a debt repayment plan. She notes that with the exception of financial difficulties, she is a model citizen and employee. The Board cannot receive or consider any new evidence on appeal. See Directive ¶ E3.1.29. Additionally, the Board does not review a case de novo. The 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 F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board