KEYWORD: Guideline H; Guideline E
DIGEST: Applicant asserts that he submitted documents which never reached the Judge. 
Department counsel does not contest the matter.  Adverse decision remanded.
CASENO: 08-08812.a1
DATE: 05/11/2009
DATE: May 11, 2009
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-08812
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
Tom Coale, Esq., Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On December 31, 2008, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision–security concerns raised under Guideline H (Drug Involvement) and
Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as
amended) (Directive).  Applicant requested a decision on the written record.  On April 10, 2009,
after considering the record, Administrative Judge Henry Lazarro denied Applicant’s request for a
security clearance.  Applicant appealed pursuant to Directive ¶¶  E3.1.28 and E3.1.30.
Applicant’s appeal consists solely of his claim that he had submitted documents in response
to the File of Relevant Material (FORM) that did not reach the Judge and which were not included
in the record.  He requests an expedited remand of his case to enable the Judge to consider his
response to the FORM.  By reply brief, Department Counsel does not oppose this course of action.
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Accordingly, 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: William S. Fields                
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: James E. Moody                 
James E. Moody
Administrative Judge
Member, Appeal Board