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ISCR 96-0571.h1: security clearance hearing, denied (1997) · CASE

ISCR Case 96-0571.h1denied

Case headnote

ISCR Case No. 96-0571.h1

deniedMar 13, 1997· Hon. John R. Erck· hearing

Summary

This case involved an applicant seeking a security clearance, with the decision citing specific guidelines. However, the application process was cut short due to the applicant's untimely death in a fatal airplane crash shortly before the security clearance decision was rendered.

As a result of the applicant's death, the case was deemed moot. Consequently, no findings of fact or conclusions on the merits of the security clearance application were made.

The outcome of the security clearance application was officially recorded as DENIED, though this was a procedural denial due to the circumstances rather than a substantive evaluation of the applicant's eligibility.

Procedural posture

SOR issuedAug 13, 1996
Answer filedOct 1, 1996
Hearing heldDec 19, 1996
Decision dateMar 13, 1997Applicant 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

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

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

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

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]