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A decided public DOHA case, shown for research, not advice or a prediction.

ISCR Case No. 16-00302.a1

Appeal Board

Decided Nov 16, 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 in the judge's decision, leading to the affirmation of the adverse ruling.

Why the applicant was denied

  • The applicant did not assert harmful error in the judge's decision.
  • The appeal contained only a request for reconsideration without specific allegations of error.

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
2016-06-14
Answer filed
Applicant requested a decision on the written record.
Hearing held
2017-08-21 Decision made by Administrative Judge Edward W. Loughran.
Decision date
2017-11-16 Appeal decision affirmed.

Cite for

  • Affirmation of Adverse Decision Due to Lack of Harmful Error Assertion
  • Importance of Alleging Harmful Error for Successful Appeal
  • Limitations of the Appeal Board's Review Authority.

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 appealed but did not assert any harmful error by the Administrative Judge. The Appeal Board affirmed the denial of the security clearance.

Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.

Full decision

Open original PDF

The complete official text, footnotes and signatures included, is in the original PDF.

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. Rather, it contains a request “for the Appeal Board to take a look at [his] case again.” Adverse decision affirmed. CASENO: 16-00302.a1 DATE: 11/16/2017 DATE: November 16, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 16-00302

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 14, 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 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 the Directive ¶¶ E3.1.28 and E3.1.30. Applicant requested that his case be decided on the written record and then did not respond to the government’s File of Relevant Material (FORM). Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains a request “for the Appeal Board to take a look at [his] case again.” 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