KEYWORD: Guideline B
DIGEST: The record is incomplete.  We remand the case for purpose of reconstructing the
record.  Adverse decision remanded.
CASENO: 12-07657.a1
DATE: 07/03/2013
DATE: July 3, 2013
In Re:
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Applicant for Security Clearance
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ISCR Case No. 12-07657
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Christopher Graham, Esq.
The Department of Defense (DoD) declined to grant Applicant a security clearance.  On
August 20, 2012, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
decision–security concerns raised under Guideline B (Foreign Influence) of Department of Defense
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Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  On March 5, 2013, DOHA amended the
SOR to add concerns under Guideline E (Personal Conduct).  Department Counsel requested a
hearing.  On April 10, 2013, after the hearing, Defense Office of Hearings and Appeals (DOHA)
Administrative Judge Noreen A. Lynch denied Applicant’s request for a security clearance.
Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30.
Applicant raised the following issue on appeal: whether the Judge’s adverse decision was
arbitrary, capricious, or contrary to law.  Consistent with the following, we remand the case to the
Judge.
As a preliminary matter, we note that the record does not contain a copy of the amendment
to the SOR, nor does it contain Applicant’s response.  Without a complete record we cannot perform
our review of Applicant’s appeal.  Accordingly, we remand the case to the Judge for the purpose of
including the amendment to the SOR and Applicant’s response in the record, in consultation with
the parties.  See, e.g., ISCR Case No. 09-03760 (App. Bd. Jul. 16, 2010).  Upon completion of that
task, the case file should be returned to the Appeal Board for processing of Applicant’s appeal in
accordance with the Directive.  
Order
The 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