A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 16-01209.a1
Appeal BoardDecided Aug 16, 2017 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing himself, appealed a denial of his security clearance under Guideline F (Financial Considerations) due to alleged errors in the hearing transcript. The appeal board found that the transcript contained pages from another person's hearing, warranting a remand for verification of the transcript's accuracy and corrective action. The board ordered that the faulty transcript not be considered in the decision-making process.
Key rule quoted
“The Hearing Office should verify whether Applicant received a complete and accurate copy of the hearing transcript and, if such action did not occur, take appropriate corrective action.”
Procedural posture
- SOR issued
- 2016-07-08
- Answer filed
- Hearing held
- 2017-06-02
- Decision date
- 2017-08-16 Appeal remanded due to transcript errors.
Cite for
- Remand Due to Errors in Hearing Transcript
- Verification of Transcript Accuracy Required
- Corrective Action Mandated for Faulty Transcripts
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 a denial of a security clearance based on financial considerations. The Applicant argued that the hearing transcript contained errors, including pages from another person's hearing. The Board agreed that this constituted a harmful error and remanded the case for further action regarding the transcript and a new 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: The Hearing Office should verify whether Applicant received a complete and accurate copy of the hearing transcript and, if such action did not occur, take appropriate corrective action. Furthermore, the Judge should issue a new decision that clarifies whether Applicant received a complete and accurate copy of the transcript and ensures the faulty transcript was not considered in rendering his decision. Adverse decision remanded. CASENO: 16-01209.a1 DATE: 08/16/2017 DATE: August 16, 2017 In Re: ----------------
Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 16-01209
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 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 hearing. On June 2, 2017, after the hearing, Defense Office of Hearings and Appeals (DOHA) Administrative Judge LeRoy F. Foreman denied Applicant’s request for a security clearance. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant asserts that the hearing transcript that he received contains errors. In his appeal brief, he provided a copy of the hearing transcript he received. It shows the cover sheet and next page are for his hearing, but the remainder of the transcript are pages from another person’s hearing. Applicant has demonstrated error that warrants remand. The Hearing Office should verify whether Applicant received a complete and accurate copy of the hearing transcript and, if such action did not occur, take appropriate corrective action. Furthermore, the Judge should issue a new decision that clarifies whether Applicant received a complete and accurate copy of the transcript and ensures the faulty transcript was not considered in rendering his decision.
Order
The Decision is REMANDED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board