KEYWORD: Guideline C
DIGEST: Applicant’s appeal brief raises the possibility that Applicant submitted a document
which never reached the Judge.  Adverse decision remanded.
CASENO: 10-07725.a1
DATE: 08/17/2012
DATE: August 17, 2012
In Re:
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Applicant for Security Clearance
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ISCR Case No. 10-07725
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 October 26, 2011, DOHA issued a statement of reasons (SOR) advising Applicant
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of the basis for that decision–security concerns raised under Guideline C (Foreign Preference) of
Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
requested a decision on the administrative record.  On June 26, 2012, after considering the record,
Administrative Judge Juan J. Rivera denied Applicant’s request for a security clearance.  Applicant
appealed pursuant to Directive ¶¶  E3.1.28 and E3.1.30.
The Judge’s decision states that Applicant did not respond to the File of Relevant Material
(FORM).  Decision at 2.  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 equitable resolution of this case would be for Applicant to present the document to the Judge.
Accordingly, 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: William S. Fields             
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: James E. Moody                
James E. Moody
Administrative Judge
Member, Appeal Board