KEYWORD: Guideline J; Guideline F
DIGEST: The Board cannot consider new evidence on appeal.
CASENO: 05-00343.a1
DATE: 03/14/2007
DATE: March 14, 2007
In Re:
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SSN: -----
Applicant for Security Clearance
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ISCR Case No. 05-00343
APPEAL BOARD SUMMARY DISPOSITION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On October 25, 2005, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision—security concerns raised under Guideline J (Criminal Conduct) and
Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992,
as amended) (Directive).  Applicant requested the case be decided on the written record.  On August
24, 2006, after considering the record, Administrative Judge Henry Lazzaro denied Applicant’s
request for a security clearance.  Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and
The Judge found in favor of Applicant under Guideline F.  That favorable finding is not at issue on appeal.1
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E3.1.30.1
Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge.
Rather, it contains new evidence in the form of federal and state tax records, a release of lien, a
receipt for the payment of a debt, and documentation relating to Applicant’s retirement status.  The
Board cannot consider this new evidence on appeal.  See Directive ¶ E3.1.29.
The Appeal Board’s authority to review a case is limited to cases in which the appealing party
has alleged the Judge committed harmful error.  It does not review cases de novo. Applicant has not
made an allegation of harmful error.  Therefore, the decision of the Judge denying Applicant a
security clearance is AFFIRMED.
Signed: Michael Y. Ra’anan  
Michael Y. Ra’anan
Administrative Judge
Chairman, Appeal Board
Signed: Jean E. Smallin          
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: William S. Fields         
William S. Fields
Administrative Judge
Member, Appeal Board