KEYWORD: Guideline F
DIGEST: Applicant is serving overseas and states that he submitted documents which were not
received at DOHA.  Adverse decision remanded.
CASENO: 14-06095.a1
DATE: 05/10/2016
DATE: May 10, 2016
In Re:
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Applicant for Security Clearance
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ISCR Case No. 14-06095
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 23, 2015, 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 February 19, 2016, after considering the record, Defense Office of
Hearings and Appeals (DOHA) Administrative Judge Carol G. Ricciardello denied Applicant’s
request for a security clearance.  Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30.
Applicant’s appeal brief contains new evidence, which, as a general rule, we cannot consider. 
Directive ¶ E3.1.29.  However, we will consider new evidence insofar as it bears upon threshold
issues such as due process.  See, e.g., ISCR Case No. 14-04959 at 1-2 (App. Bd. Apr. 6, 2016). 
Applicant asserts that he sent documents in response to the File of Relevant Material (FORM) both
by email and by regular mail, yet they did not make it into the record.  He states that he did so
because he was serving overseas in the Middle East and was advised that there might  be problems
with the mail.  Under the circumstances of this case, we conclude that the best resolution is to
remand the case to the Judge to determine whether or not to admit the evidence that Applicant
attempted to present and then to issue a new decision in accordance with the Directive. 
Accordingly, the case is REMANDED.  
Signed: Michael Ra’anan              
Michael Ra’anan
Administrative Judge
Chairperson, Appeal Board
Signed: James E. Moody           
James E. Moody
Administrative Judge
Member, Appeal Board
Signed: James E. Duffy              
James F. Duffy
Administrative Judge
Member, Appeal Board
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