KEYWORD: Guideline F
DIGEST: Applicant timely submitted seven documents that were not forwarded to the Judge. 
Adverse decision remanded.
CASENO: 12-06978.a1
DATE: 01/21/2016
DATE: January 21, 2016
In Re:
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Applicant for Security Clearance
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ISCR Case No. 12-06978
APPEAL BOARD SUMMARY REMAND
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
January 3, 2015, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
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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 21, 2015, after the hearing, Defense Office of Hearings and Appeals (DOHA)
Administrative Judge Michael H. Leonard denied Applicant’s request for a security clearance.
Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30.
Applicant has raised an issue of due process. She contends that she submitted additional
documents to the Judge that were not included in the record.  Applicant’s argument contains new
evidence, which we generally cannot consider.  However, we will consider new evidence that bears
upon threshold issues of due process or jurisdiction.  See, e.g., ISCR Case No. 14-04130 at 2 (App.
Bd. Dec. 11, 2015).  The record shows that the Judge gave Applicant two weeks following the
hearing in which to submit additional evidence.  Tr. at 67.  Department Counsel states in the Reply
Brief that Applicant did make a timely submission of seven documents that were not forwarded to
the Judge.  Department Counsel contends that remand is the appropriate remedy.  We concur with
this recommendation.  Accordingly, the case is remanded to the Judge to consider the  documents
that Applicant submitted but that were not included in the record and then to issue a new decision
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