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

ISCR Case No. 15-01153.a1

Appeal Board

Decided Jul 7, 2017 · Administrative Judge Michael Y. Ra'anan · Appeal

Case headnote

Summary

The applicant, representing himself, sought a security clearance but was denied based on concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The applicant did not contest the judge's decision but cited extenuating circumstances regarding his financial situation. The appeal was affirmed by the Administrative Judges, as the applicant did not allege any harmful error in the original decision.

Why the applicant was denied

  • The applicant did not contest the judge's decision, indicating acceptance of the findings.
  • The appeal did not assert any harmful error by the judge, leading to the affirmation of the denial.

Procedural posture

SOR issued
2015-12-07
Answer filed
Hearing held
2017-03-24 Decision made on written record.
Decision date
2017-07-07 Appeal affirmed.

Cite for

  • Affirmation of Denial Based on Lack of Contestation by the Applicant
  • Importance of Alleging Harmful Error for Successful Appeal
  • Consideration of Extenuating Circumstances in Financial Matters

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 reviewed after the Department of Defense denied the Applicant a security clearance based on financial considerations and personal conduct. The Applicant did not contend that the Judge's decision was in error, leading the Board to affirm the denial.

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 F; Guideline E DIGEST: Applicant states the following: “I do not contend that the [J]udge’s decision was in error.” Adverse decision affirmed. CASENO: 15-01153.a1 DATE: 07/07/2017 DATE: July 7, 2017 In Re: ----------------

Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-01153

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 7, 2015, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision–security concerns raised under Guideline F (Financial Considerations) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On March 24, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Robert J. Kilmartin denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant states the following: “I do not contend that the [J]udge’s decision was in error.” Appeal Brief at 1. He states that there are extenuating circumstances, including that he did not carefully check his credit reports and that he did not intend to deceive anyone. Applicant’s brief appears to address a purported false statement alleged under Guideline E that the Judge resolved in Applicant’s favor. He also cites to statements from himself and his son concerning student loans, which were included in the record as Applicant’s Response to the File of Relevant Material. However, he does not assert that the Judge erred in regard to the contents of these statements. We do not review a case de novo. Our jurisdiction 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). Accordingly, the Decision 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: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board