KEYWORD: Guideline F
DIGEST: Applicant indicates that he was notified by Department Counsel after the decision was
issued that the Judge had not reviewed evidence Applicant submitted after the hearing.  Adverse
decision remanded.
CASENO: 11-15005.a1
DATE: 01/24/2014
DATE: January 24, 2014
In Re:
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Applicant for Security Clearance
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ISCR Case No. 11-15005
APPEAL BOARD DECISION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro se
The Department of Defense (DoD) declined to grant Applicant a security clearance.  On
April 10, 2013, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
1Department Counsel did not file a brief in this case.
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decision–security concerns raised under Guideline F (Financial Considerations) of Department of
Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a hearing.
On November 12, 2013, after the hearing, Defense Office of Hearings and Appeals (DOHA)
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.
Applicant raised the following issues on appeal: whether the Judge considered all of the
evidence.  Consistent with the following, we remand the case to the Judge.
Applicant has presented matters from outside the record, the gist of which is that he was
notified by Department Counsel after the decision was issued that the Judge had not reviewed
evidence Applicant submitted after the hearing.1  As a general rule, we cannot consider new
evidence on appeal.  Directive ¶ E3.1.29.  However, in the past we have considered new evidence
insofar as it raises questions of due process or jurisdiction.  See, e.g., ISCR Case No.  12-01038
(App. Bd. Mar. 22, 2013).  We conclude that the best resolution of this matter is to remand the case
to the Judge for further processing.  
Order
The case 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
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