A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-05157.a1
Appeal BoardDecided Sep 22, 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 was denied as the applicant did not assert any harmful error by the judge, and the appeal board affirmed the adverse decision without considering new evidence.
Why the applicant was denied
- The applicant did not assert harmful error by the judge.
- The appeal board is prohibited from considering new evidence on appeal.
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
- 2016-02-08
- Answer filed
- Hearing held
- 2017-07-13 Decision issued by Administrative Judge Matthew E. Malone.
- Decision date
- 2017-09-22 Appeal affirmed by the Appeal Board.
Cite for
- Denial of Security Clearance Based on Financial Considerations Under Guideline F
- Limitations on Appeal Board's Authority Regarding New Evidence
- Requirement for Asserting Harmful Error for Appeal Consideration
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 Administrative Judge denied his request for a security clearance based on financial considerations. The Applicant's appeal did not assert any harmful error by the Judge, leading the Appeal Board to affirm the decision.
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: Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. The Appeal Board is prohibited from considering new evidence on appeal. Adverse decision affirmed. CASENO: 15-05157.a1 DATE: 09/22/2017 DATE: September 22, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-05157
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 February 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 a decision on the written record. On July 13, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Matthew E. Malone denied Applicant’s request for a security clearance. Applicant appealed pursuant to 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 explaining why his debts became delinquent, describing his efforts to resolve them, and indicating the debts are no longer legally collectable under the state’s statute of limitations. In his appeal brief, he also provided a letter of reference. The Appeal Board is prohibited from considering new evidence on appeal. Directive ¶ E3.1.29. The Board does not review a case 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 an allegation of harmful error on the part of the Judge, the decision of the Judge is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: Catherine M. Engstrom Catherine M. Engstrom Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board