KEYWORD: Guideline F
DIGEST: Applicant’s appeal brief raises the possibility that he submitted a document that never
reached the Judge.  An equitable resolution of this case would be for Applicant to present the
document to the Judge.  Adverse decision remanded.
CASENO: 08-11322.a1
DATE: 05/07/2010
DATE: May 7, 2010
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-11322
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On June 19, 2009, DOHA issued a statement of reasons (SOR) advising Applicant of the
Department Counsel did not file a reply brief.  1
Applicant also submitted new evidence which, on its face, post-dates the Judge’s decision.  Such new evidence2
is not admissible on remand.  
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 hearing.  On February 18, 2010, after the hearing, Administrative Judge Paul J. Mason
denied Applicant’s request for a security clearance.  Applicant appealed pursuant to Directive ¶¶
E3.1.28 and E3.1.30.
At the close of the hearing, the Judge held the record open for two weeks so that Applicant
might submit documentation in support of his case for mitigation.  Tr. at 46.  However, when the
Judge issued his decision, he stated that Applicant neglected to submit anything.  Decision at 2.  On
April 5, 2010, Applicant filed an appeal brief containing new evidence that raised the possibility that
Applicant submitted a document which never reached the Judge.   We conclude that an equitable1
resolution of this case would be for Applicant to present the document to the Judge.   Accordingly,2
the case is 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
Chairperson, 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