KEYWORD: Guideline H
DIGEST: The Board does not review cases de novo.  Adverse decision affirmed.
CASENO: 06-15503.a1
DATE: 05/23/2007
DATE: May 23, 2007
In Re:
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SSN:-------
Applicant for Trustworthiness Designation
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ADP Case No. 06-15503
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 August 16,
2006, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that
decision—trustworthiness concerns raised under Guideline H (Drug Involvement) 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 29, 2006, after considering the record,
Administrative Judge Thomas M. Crean denied Applicant’s request for a trustworthiness
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designation.  Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
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 a statement from the Applicant explaining why she
told the government’s investigator that she intended to use marijuana in the future.  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: 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