KEYWORD: Guideline J
DIGEST: The Appeal Board does not have authority to grant waivers under §10 USC 986. 
Adverse decision affirmed.
CASENO: 06-02669.a1
DATE: 05/07/2007
DATE: May 7, 2007
In Re:
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SSN: -----
Applicant for Security Clearance
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ISCR Case No. 06-02669
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 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 the case be decided on the written record.  On November 17, 2006, after considering the
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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record,  Administrative Judge Jacqueline T. Williams denied Applicant’s request for a security
clearance.  Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
On appeal, Applicant requests that he be granted a waiver of 10 U.S.C. § 986 by the Director,
and presents new evidence in the form of an additional statement citing facts supportive of his
request.
  
The Appeal Board does not have authority to grant waivers of 10 U.S.C. § 986.  See, e.g.,
ISCR Case No. 04-11041 at 2-3 (App. Bd. Sept. 29, 2006).   Nor does it have the authority to1
consider 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.  Applicant has not made an allegation of harmful
error.  Therefore, the decision of the Judge denying Applicant a security clearance is AFFIRMED.
Signed: Jean E. Smallin       
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: William S. Fields      
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: James E. Moody         
James E. Moody
Administrative Judge
Member, Appeal Board