KEYWORD: Guideline F
DIGEST: Applicant made credible allegation that he had submitted evidence which never
reached the Judge.  Adverse decision remanded.
CASENO: 08-10204.a1
DATE: 10/06/2009
DATE: October 6, 2009
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-10204
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Alan V. Edmunds, Esq.
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On December 30, 2008, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision–security concerns raised under Guideline F (Financial Considerations)
of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
requested a decision on the administrative record.  On July 23, 2009, Administrative Judge Juan J.
Rivera denied Applicant’s request for a security clearance.  Applicant filed a timely appeal pursuant
to Directive ¶¶  E3.1.28 and E3.1.30.
On September 2, 2009, Applicant filed an appeal brief which also relied on new evidence that
raised the possibility that Applicant submitted evidence which never reached the Judge.  On
September 8, 2009, Department Counsel filed a response to Applicant’s brief stating that under the
facts of this case remand would be an 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: Michael D. Hipple           
Michael D. Hipple
Administrative Judge
Member, Appeal Board
Signed: James E. Moody             
James E. Moody
Administrative Judge
Member, Appeal Board