A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-04572.a1
Appeal BoardDecided Nov 7, 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 considerations under Guideline F. The Appeal Board affirmed the denial, noting that the applicant did not allege any harmful error by the Judge and presented no new evidence for consideration.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge.
- The Appeal Board's review is limited to allegations of harmful error.
- The applicant's appeal consisted primarily of new information not previously presented.
Conditions referenced
Disqualifying
- F.1 Financial Considerationsraised
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
- 2016-06-08
- Answer filed
- Hearing held
- 2017-08-21 Decision issued by Judge Edward W. Loughran
- Decision date
- 2017-11-07 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 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 allege any harmful error. The Board's review is limited to the errors claimed by the appealing party.
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 Board does not review cases de novo. 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: 15-04572.a1 DATE: 11/7/2017 DATE: November 7, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-04572
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 June 8, 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 August 21, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Edward W. Loughran denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s Appeal Brief raises no allegation of harmful error on the part of the Judge. Rather, it primarily consists of information that she did not previously present to the Judge. The Appeal Board can neither receive nor consider new evidence on appeal. See Directive ¶ E3.1.29.
The Board does not review cases de novo. 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. Because Applicant has not made such an allegation of harmful error, the decision of the Judge denying Applicant a security clearance 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