KEYWORD: Guideline F
DIGEST: The parties agree that Applicant submitted evidence to DOHA which never reached
the Judge.  Adverse decision affirmed
CASENO: 12-01038.a1
DATE: 03/22/2013
DATE: March 22, 2013
In Re:
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Applicant for Security Clearance
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ISCR Case No. 12-01038
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
Braden M. Murphy, Esq., Department Counsel
FOR APPLICANT
Pro se
The Department of Defense (DoD) declined to grant Applicant a security clearance.  On June
15, 2012, DoD 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
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Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a decision
on the written record.  On January 29, 2013, after considering the record, Defense Office of
Hearings and Appeals (DOHA) Administrative Judge Mark Harvey denied Applicant’s request for
a security clearance.  Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30.
As a preliminary matter, Applicant asserts matters from outside the record, as does
Department Counsel.  The gist of these assertions is that Applicant  provided documents to the Judge
that were not incorporated into the record.  We cannot consider new evidence on appeal.  Directive
¶ E3.1.29.  However, we have considered new evidence insofar as it bears upon questions of
jurisdiction or due process.  See, e.g., ISCR Case No. 12-07667 at 2 (App. Bd. Mar. 11, 2013).  In
the case before us, Department Counsel acknowledges that Applicant submitted evidence that was
received at DOHA but not forwarded to Department Counsel nor, consequently, to the Judge for
inclusion in the record.  Department Counsel states, and we agree, that the best resolution of this
matter is to remand the case to the Judge for further processing.  Other issues raised by Applicant’s
appeal brief are not ripe for our consideration.
Order
The case is REMANDED.
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