KEYWORD: Guideline B; Guideline C; Guideline M
DIGEST: Case remanded for Judge to consider evidence submitted but not included in the
record.  Adverse decision remanded.
CASENO: 08-01980.a1
DATE: 04/16/2009
DATE: April 16, 2009 
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-01980
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James Duffy, Esq., Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On November 14, 2008, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision–security concerns raised under Guideline B (Foreign Influence),
Guideline C (Foreign Preference) and Guideline M (Use of Information Technology Systems) of
Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
requested a hearing.  On March 24, 2009, after the hearing, Administrative Judge Erin C. Hogan
denied Applicant’s request for a security clearance.  Applicant filed a timely appeal pursuant to
Directive ¶¶  E3.1.28 and E3.1.30.
On April 1, 2009, Applicant filed a notice of appeal that explicitly relied on evidence that
was not before the Judge.  On April 14, 2009, Applicant filed an appeal brief which also relied on
that evidence.  On April 14, 2009, Department Counsel filed a response to Applicant’s brief stating
that under the facts of this case expedited remand would be the equitable resolution to put the
pertinent evidence before the Administrative Judge.  Accordingly, in the interest of administrative
economy, the case is hereby remanded to the Judge for further processing.  Nothing about this action
shall prejudice the appeal rights of the parties.  
Signed: Michael Y. Ra’anan        
Michael Y. Ra’anan
Administrative Judge
Chairman, Appeal Board
Signed: Jean E. Smallin              
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: James E. Moody            
James E. Moody
Administrative Judge
Member, Appeal Board