ISCR Case No. 26-00002

FOR GOVERNMENT Andrea M. Corrales, Esq., Deputy Chief Department Counsel

Pro se The Department of Defense (DoD) declined to grant Applicant a security clearance. On March 9, 2026, DoD issued a Statement of Reasons (SOR) advising Applicant of the basis of that decision — security concerns raised under Guideline G (Alcohol Consumption), Guideline J (Criminal Conduct), and Guideline E (Personal Conduct) of the National Security Adjudicative Guidelines (AG) in Appendix A of Security Executive Agent Directive 4 (effective June 8, 2017) and DoD Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). On August 3, 2026, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Richard A. Cefola denied Applicant national security eligibility. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. On appeal, Applicant raises a due process issue, as he asserts that he submitted materials that were not included in the record and not considered by the Judge. At the conclusion of the June 4, 2026 hearing, the Judge held the record open for the receipt of additional evidence, with a deadline of July 2, 2026. In the subsequent decision, the Judge stated, “Applicant submitted nothing further on his behalf” prior to the deadline. Decision at 2. The Judge found favorably for Applicant on the Guideline J and Guideline E allegations but against Applicant on the four Guideline G allegations.

With his appeal, Applicant submitted an email dated July 1, 2026, documenting that he submitted additional evidence to DOHA staff members prior to the deadline. He attached the submitted documents, which appear relevant to the adverse findings. While we cannot consider new evidence on appeal, Applicant has made a prima facie showing that he timely submitted documents post-hearing that were not considered by the Judge. We conclude the best resolution of this appeal is to remand the case to the Judge to allow him to consider Applicant’s additional evidence and to issue a new decision consistent with Directive ¶ E3.1.35. The other issues Applicant raises in his appeal are not ripe for consideration at this time. Order The decision in ISCR Case No. 26-00002 is REMANDED. Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Chair, Appeal Board Signed: Allison Marie Allison Marie Administrative Judge Member, Appeal Board Signed: Eric H. Borgstrom Eric H. Borgstrom Administrative Judge Member, Appeal Board 2