KEYWORD: Guideline F
DIGEST: The Appeal Board does not review cases de novo.  Adverse decision affirmed.
CASENO: 06-07421.a1
DATE: 04/16/2007
DATE: April 16, 2007
In Re:
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SSN: ------
Applicant for Trustworthiness Determination
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ADP Case No. 06-07421
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) proposed to deny or revoke access to
automated information systems in ADP-I/II/III sensitivity positions for Applicant.  On May 15, 2006,
DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that
decision—trustworthiness concerns raised under 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 October 30, 2006, after considering the
record,  Administrative Judge Michael H. Leonard denied Applicant’s request for a trustworthiness
designation.  Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30..
In her brief, Applicant states that she never received a copy of the government’s file of relevant material1
(FORM), and that is the reason she never filed a response to that document.  However, a review of the case file indicates
that Applicant acknowledged receipt of the FORM in writing on July 19, 2006.
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Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge.1
Rather, it contains new evidence, in the form of a statement from the Applicant and documentary
attachments.  This evidence updates Applicant’s answer to the SOR, explains her ongoing efforts
to resolve her financial problems, and attests to her good character and job performance.  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
trustworthiness designation 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
Signed: William S. Fields        
William S. Fields
Administrative Judge
Member, Appeal Board