KEYWORD: Guideline B; Guideline F
DIGEST: Without a complete record the Board cannot perform appellate review.  Adverse
decision remanded.
CASENO: 09-02220.a1
DATE: 08/12/2010
DATE: August 12, 2010
In Re:
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Applicant for Security Clearance
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ISCR Case No. 09-02220
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 November 5, 2009, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision—security concerns raised under Guideline B (Foreign Influence) and
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Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992,
as amended) (Directive).  Applicant requested a hearing.  On June 11, 2010, after the hearing,
Administrative Judge Matthew E. Malone denied Applicant’s request for a security clearance.
Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
Applicant raises the following issue on appeal: whether the Judge’s adverse security
clearance decision was arbitrary, capricious, and contrary to law.  Consistent with the following
discussion, we remand the case.
As a preliminary issue, we note that the record does not contain Government Exhibits 1-7,
the documents submitted by Department Counsel and admitted at the hearing. Tr. at pp. 19-23.
Additionally, the record does not contain Applicant’s Exhibits I through N, which were submitted
by Applicant and admitted at the hearing.  Tr. at pp. 27-31.  Without a complete record we cannot
perform appellate review.  Accordingly, we remand the case to the Judge for the purpose of
reconstructing the record in consultation with the parties.  Upon completion of that task, the case file
should be returned to the Board for processing of Applicant’s appeal in accordance with the
Directive.  
Order
The Judge’s adverse security clearance decision is REMANDED.
Signed: Michael Y. Ra’anan     
Michael Y. Ra’anan
Administrative Judge
Chairperson, Appeal Board
Signed: Jeffrey D. Billett              
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: James E. Moody                   
James E. Moody
Administrative Judge
Member, Appeal Board