A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 14-02845.a1
Appeal BoardDecided Jul 3, 2017 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, sought a security clearance but was denied based on financial concerns under Guideline F, despite a favorable ruling on Guideline G regarding alcohol consumption. The appeal was denied as the applicant did not assert any harmful error in the Judge's decision regarding the financial issues.
Why the applicant was denied
- The applicant did not assert any harmful error regarding the Judge's decision on financial concerns.
- The adverse decision was affirmed due to the lack of claims of harmful error.
Conditions referenced
Disqualifying
- F.1 Inability to satisfy debtsraised
Mitigating
- F.2 The conditions that resulted in the financial problems were largely beyond the person's controlrejected
Procedural posture
- SOR issued
- 2015-12-09
- Answer filed
- Hearing held
- 2017-03-24
- Decision date
- 2017-07-03
Cite for
- Affirmation of Adverse Decision Due to Lack of Harmful Error Claims
- Rejection of Mitigating Conditions Based on Insufficient Evidence of Financial Recovery
- Guidance on the Appeal Process Regarding Harmful Error Assertions.
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 involved an applicant seeking a security clearance after being denied due to concerns under Guideline G and Guideline F. The Board affirmed the denial as the applicant did not assert any harmful error in the Judge's decision regarding the financial concerns.
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 G; Guideline F DIGEST: Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge regarding the Guideline F security concerns. Rather, it contains a brief statement by the Applicant that he has made a good-faith effort to correct his financial problems. Adverse decision affirmed. CASENO: 14-02845.a1 DATE: 07/03/2017 DATE: July 3, 2017 In Re: ----------------
Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 14-02845
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 December 9, 2015, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision–security concerns raised under Guideline G (Alcohol Consumption) and Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On March 24, 2017, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Arthur E. Marshall, Jr., denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. The Judge resolved the Guideline G allegations in Applicant’s favor. Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge regarding the Guideline F security concerns. Rather, it contains a brief statement by the Applicant that he has made a good- faith effort to correct his financial problems. We do not review a case de novo. Our authority to review a case is limited to cases in which the appealing party has alleged that the Judge committed harmful error. See, e.g., ISCR Case No. 15-01734 at 1-2 (App. Bd. Jan 19, 2017). 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