A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 16-00759.a1
Appeal BoardDecided Aug 22, 2017 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a security clearance under Guideline F (Financial Considerations) but was denied due to unresolved financial issues. The Appeal Board affirmed the denial, noting that the applicant did not allege any harmful error by the judge in her appeal, which is a prerequisite for overturning a decision.
Why the applicant was denied
- The applicant did not allege any harmful error on the part of the judge in her appeal.
- The Appeal Board's review is limited to cases where harmful error is alleged.
Conditions referenced
Disqualifying
- AG ¶ 19 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
- 2016-07-15
- Answer filed
- Hearing held
- 2017-06-06
- Decision date
- 2017-08-22
Cite for
- Limitations of the Appeal Board's Review Authority Regarding Harmful Error Allegations
- Affirmation of Denial Based on Lack of Harmful Error Claims
- Importance of Addressing Harmful Errors in Appeals for Security Clearance Cases
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 Applicant did not assert any harmful error in the Judge's decision. The Appeal Board affirmed the denial as there were no allegations of harmful error.
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: 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. Adverse decision affirmed. CASENO: 16-00759.a1 DATE: 08/22/2017 DATE: August 22, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 16-00759
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 July 15, 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 hearing. On June 6, 2017, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Eric H. Borgstrom 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 her debts became delinquent and describing her efforts to resolve them. She also cites to the effect that a security clearance denial will have on her. The Directive does not permit us to consider the impact of an unfavorable decision. See, e.g., ISCR Case No. 14-04202 at 4 (App. Bd. Dec. 24, 2015). 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: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board