A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 15-07728.a1
Appeal BoardDecided Jul 6, 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based on concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the latter of which was withdrawn during the proceedings. The Appeal Board affirmed the denial, noting that the applicant did not allege any harmful error by the Judge, which limited their review authority.
Why the applicant was denied
- The applicant did not allege harmful error by the Judge, limiting the Appeal Board's review authority.
- Concerns under Guideline B (Foreign Influence) were sufficient to affirm the denial.
Conditions referenced
Disqualifying
- Guideline B Foreign Influenceraised
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
- 2016-05-12
- Answer filed
- Hearing held
- 2017-04-27
- Decision date
- 2017-07-06
Cite for
- Limitations on Appeal Board Review Authority Regarding Harmful Error Allegations
- Affirmation of Denial Based on Foreign Influence Concerns
- Withdrawal of Allegations Under Guideline C During Proceedings
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 Applicant appealed the denial of his security clearance, arguing that his record was otherwise spotless except for interests in Pakistan. However, he did not allege any harmful error by the Administrative Judge. The Appeal Board affirmed the denial as the Applicant 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 B; Guideline C 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: 15-07728.a1 DATE: 07/06/2017 DATE: July 6, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-07728
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 May 12, 2016, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline B (Foreign Influence) and Guideline C (Foreign Preference)1 of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On April 27, 2017, after the hearing, Defense Office of Hearings and
Footnotes
1 The Guideline C allegation was subsequently withdrawn. Appeals (DOHA) Administrative Judge Shari Dam denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. On appeal Applicant argues that except for his interests in Pakistan the record for his entire life is “spot less.” He makes no assertion of harmful error on the part of the Judge, but requests that the Board review his case. In support of that request he states that perhaps there might be other individuals who hold security clearances that have interests similar to his. 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. 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