KEYWORD: Guideline B; Guideline C
DIGEST: The Judge agreed to hold the record open after the hearing until October 5, 2012 for
the receipt of supplemental written materials.  The Judge then issued a final decision on
September 28, 2012.  Adverse decision remanded.
CASENO: 11-06577.a1
DATE: 11/09/2012
DATE: November 9, 2012
In Re:
--------------------------
Applicant for Security Clearance
)
)
)
)
)
)
)
)
ISCR Case No. 11-06577
APPEAL BOARD SUMMARY REMAND
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Larry S. Loigman, Esq.
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On April 23, 2012, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision—security concerns raised under Guideline B (Foreign Influence) and
Guideline C (Foreign Preference) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as
amended) (Directive).  Applicant requested a hearing.  On September 28, 2012, after the hearing,
1Tr. 7-8.
Administrative Judge Arthur E. Marshall, Jr. denied Applicant’s request for a security clearance.
Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
On October 12, 2012, Applicant filed a request for Expedited Remand.  On October 15,
2012,  the Chief Department Counsel filed a response to the Applicant’s request stating that he had
no objection.
At the commencement of the hearing, Applicant’s counsel requested that the record be held
open for the submission of supplemental written materials.  Department Counsel had no objection
to the request, and the Judge announced that the record would remain open until October 5, 2012.1
Applicant submitted six documents for inclusion in the record on October 4-5, 2012.  However, the
Judge had issued a final decision on September 28, 2012.
  Accordingly, in the interest of administrative economy, the case his 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
Chairperson, Appeal Board
Signed: Jeffrey D. Billett          
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: William S. Fields         
William S. Fields
Administrative Judge
Member, Appeal Board