A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-05438.a1
Appeal BoardDecided Oct 20, 2017 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance but was denied based on concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The appeal was denied as the applicant did not assert any harmful error by the judge, leading to the affirmation of the adverse decision.
Why the applicant was denied
- The applicant did not assert harmful error by the judge, which is necessary for the appeal to succeed.
- The Board's review authority is limited to cases where harmful error is alleged.
Conditions referenced
Disqualifying
- AG ¶ 20 Financial Considerationsraised
- AG ¶ 15 Personal Conductraised
Key rule quoted
“The Board does not review a case de novo.”
Procedural posture
- SOR issued
- 2016-02-16
- Answer filed
- Hearing held
- 2017-08-24 Decision issued by Administrative Judge Richard A. Cefola
- Decision date
- 2017-10-20
Cite for
- Limitations of the Board's Review Authority in Security Clearance Appeals
- Importance of Alleging Harmful Error for Successful Appeals
- Affirmation of Adverse Decisions When No Harmful Error Is Asserted
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 F and Guideline E. The applicant did not assert any harmful error in the appeal, leading the Board to affirm the Administrative Judge's 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; Guideline E DIGEST: Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Adverse decision affirmed. CASENO: 15-05438.a1 DATE: 10/20/2017 DATE: October 20, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-05438
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 16, 2016, 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 that the case be decided on the written record. On August 24, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Richard A. Cefola denied Applicant’s request for a security clearance. Applicant appealed pursuant to the 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 in which Applicant challenges the circumstances of her termination of employment after the Judge’s adverse decision. Any recourse she might have for this complaint would be addressed properly in another forum. She also asserts that she does not need a security clearance for her work. The Board is no position to assess the validity of such an assertion. See, e.g., ISCR Case No. 07-05632 at 2 (App. Bd. May 13, 2008). The Board does not review a case de novo. The Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. 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 F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board