A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 96-0571.h1
DeniedDecided Mar 13, 1997 · Administrative Judge John R. Erck · Hearing
Case headnote
Summary
The applicant, who was seeking a security clearance, was involved in a fatal airplane crash shortly before the decision was rendered. The case was rendered moot due to the applicant's untimely death, and no findings of fact or conclusions on the merits were made.
Procedural posture
- SOR issued
- August 13, 1996
- Answer filed
- October 1, 1996
- Hearing held
- December 19, 1996
- Decision date
- March 13, 1997 Applicant died on March 5, 1997.
Cite for
- Mootness of Security Clearance Proceedings Due to Applicant's Death
- No Findings of Fact or Conclusions Reached When Proceedings Are Moot
- Impact of Applicant's Death on Security Clearance Review Process
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Full decision
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Decision text, by section
Appearances
DATE: March 13, 1997 ____________________________________ In Re: ----------------- SSN: ----------- Applicant for Security Clearance ____________________________________ ISCR OSD Case No.96-0571 DECISION OF ADMINISTRATIVE JUDGE JOHN R. ERCK
FOR THE GOVERNMENT Teresa A. Kolb, Esquire Attorney Advisor FOR THE APPLICANT Pro Se
Statement of Case
On August 13, 1996, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865, "Safeguarding Classified Information Within Industry," dated February 20, 1960, as amended and modified, and Department of Defense Directive 5220.6 "Defense Industrial Personnel Security Clearance Review Program" (Directive) dated January 2, 1992, as amended by Change 3, dated February 13, 1996, issued a Statement of Reasons (SOR) to Applicant which detailed reasons why DOHA could not make a preliminary determination that it was clearly consistent with the national interest to grant or continue a security clearance for him. The Applicant responded to the SOR in writing on October 1, 1996, and requested a hearing before a DOHA Administrative Judge. The case was assigned to this Administrative Judge on November 4, 1996. On December 19, 1996, a hearing was convened for the purpose of considering whether it would be clearly consistent with the national security to grant, continue, deny, or revoke Applicant's security clearance. The Government's case consisted of nine exhibits; Applicant relied on 10 exhibits, his own testimony and the testimony of one character witness. A transcript of the proceedings was received on December 31, 1996. On March 7, 1997, the Defense Office of Hearings and Appeals received notification that Applicant had been involved in a fatal airplane crash on March 5, 1997. His employer has forwarded a DISCO Form 562 terminating his security clearance effective March 6, 1996. DISPOSITION The purpose for which the above-captioned proceedings were convened have been rendered moot by Applicant's untimely death. Under the circumstances, no useful purpose will be served by making findings of fact and reaching a conclusion on the merits. Accordingly, this matter is closed. John R. Erck Administrative Judge
Footnotes
96-0571.h1 file:///usr.osd.mil/...yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/96-0571.h1.html[7/2/2021 3:58:06 PM] 96-0571.h1 file:///usr.osd.mil/...yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/96-0571.h1.html[7/2/2021 3:58:06 PM]