KEYWORD: Guideline F
DIGEST: We will consider new evidence on matters of due process or jurisdiction.  Applicant
submitted evidence that did not make it into the record.  Adverse decision remanded.
CASE NO: 14-01239.a1
DATE: 10/23/2014
DATE: October 23, 2014
In Re:
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Applicant for Security Clearance
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ISCR Case No. 14-01239
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 May
20, 2014, 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
Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a decision
on the written record.  On October 2, 2014, after considering the record, Defense Office of Hearings
and Appeals (DOHA) Administrative Judge Roger C. Wesley 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 he had been denied due process in
that he submitted documents that were not included in the record.  Consistent with the following,
we remand the case to the Judge.  
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In their respective briefs, both Applicant and Department Counsel assert matters from outside
the record regarding Applicant’s response to the File of Relevant Material (FORM).  Department
Counsel states that Applicant submitted matters to DOHA that, through administrative oversight,
were not presented to the Judge.  As a general matter, we cannot consider new evidence on appeal.
Directive ¶ E3.1.29.  However, we have considered new evidence that bears upon threshold issues
of jurisdiction or due process.  See, e.g., ISCR Case No. 12-01038 at 1-2 (App. Bd. Mar. 22, 2013).
Department Counsel recommends that we remand the case to the Judge for further processing.  We
agree with this recommendation.
Order
The Decision is REMANDED.  
Signed: Michael Ra’anan              
Michael 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