A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-04465.a1
Appeal BoardDecided May 24, 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 considerations under Guideline F. The Appeal Board affirmed the denial, noting that the applicant did not allege any harmful error by the judge and acknowledged progress in addressing his financial issues.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge.
- The Appeal Board's authority is limited to cases where harmful error is alleged.
Conditions referenced
Disqualifying
- F1 Financial Considerationsraised
Mitigating
- F3 Debt is being paid or has been paid offapplied
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
- 2016-01-07
- Answer filed
- Applicant requested decision on written record.
- Hearing held
- 2017-03-03 Decision made by Judge Juan J. Rivera.
- Decision date
- 2017-05-24 Appeal affirmed by the Appeal Board.
Cite for
- Affirmation of Denial Based on Financial Considerations Under Guideline F
- Limitations of the Appeal Board's Review Authority
- Importance of Alleging Harmful Error for Successful Appeals
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 who was denied based on financial considerations under Guideline F. The applicant did not allege any harmful error in the Administrative Judge's decision. The Appeal Board affirmed the denial of the security clearance as the applicant's appeal did not present any claims of harmful error.
Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.
Full decision
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: 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. Adverse decision affirmed. CASENO: 15-04465.a1 DATE: 05/24/2017 DATE: May 24, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-04465
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 January 7, 2016, 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 that the case be decided on the written record. On March 3, 2017, after considering the record, Defense Office of Hearings and Appeals Administrative Judge Juan J. Rivera denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. In his appeal brief Applicant states that he does not believe the Judge made a wrong decision in his case. He also states that he has paid off several of his creditors, has made progress toward improving his financial situation, and is willing to provide the Appeal Board with additional information, if requested. 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. It does not review cases de novo. Applicant has not made an allegation of harmful error. Therefore, the decision of the Judge denying Applicant a security clearance 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: William S. Fields William S. Fields Administrative Judge Member, Appeal Board