KEYWORD: Guideline J
DIGEST: The Appeal Board does not have authority to recommend that Applicant be granted a
waiver under 10 USC 986.  Adverse decision affirmed.
CASENO: 06-03230.a1
DATE: 04/24/2007
DATE: April 24, 2007
In Re:
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SSN: -------
Applicant for Security Clearance
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ISCR Case No. 06-03230
APPEAL BOARD SUMMARY DISPOSITION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
M. Jefferson Euchler, Esq.
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On June 22, 2006, DOHA issued a statement of reasons (SOR) advising Applicant of the
basis for that decision—security concerns raised under Guideline J (Criminal Conduct) of
Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
requested a hearing.  On November 30, 2006, after the hearing,  Administrative Judge Jacqueline T.
Williams denied Applicant’s request for a security clearance.  Applicant timely appealed pursuant
Only the Director, DOHA or his designee has the authority to grant waivers in meritorious case. See1
“Implementation of Adjudicative Guidelines for Determining Eligibility for Access to Classified Information (Dec. 29,
2005).”  There is no provision for waiver recommendations by Judges or others.  See DOHA Operating Instruction 64,
as revised, Sept. 12, 2006 (“. . . the Administrative Judge shall not opine whether a waiver of 10 U.S.C. 986 is merited,
nor recommend whether to consider the case for a waiver of 10 U.S.C. 986").  
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to the Directive ¶¶ E3.1.28 and E3.1.30.
Applicant’s appeal brief contains no assertion of error on the part of the Judge.  It only
contains a request that the Appeal Board concur in the Judge’s findings and recommend that
Applicant be granted a waiver of 10 U.S.C. § 986.
The Appeal Board does not have authority to recommend that Applicant be granted a waiver
of 10 U.S.C. § 986.1
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.  Applicant has not made an allegation of harmful
error.  Therefore, the decision of the Judge denying Applicant a security clearance is AFFIRMED.
Signed: Michael D. Hipple     
Michael D. Hipple
Administrative Judge
Member, Appeal Board
Signed: Jean E. Smallin           
Jean E. Smallin
Administrative Judge
Member, Appeal Board
William S. Fields                       
William S. Fields
Administrative Judge
Member, Appeal Board