KEYWORD: Guideline F DIGEST: The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASENO: 06-07827.a1 DATE: 07/20/2007 DATE: July 20, 2007 In Re: ------- SSN: ------- Applicant for ADP I/II/III Position ) ) ) ) ) ) ) ) ADP Case No. 06-07827 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 2, 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 Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested that the case be decided on the written record. On January 31, 2007, after considering the record, Administrative The Judge found in favor of Applicant with respect to SOR paragraph 1.f. That favorable finding is not at issue1 on appeal. 2 Judge Joan Caton Anthony denied Applicant’s request for a trustworthiness designation. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and 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 which establishes that Applicant has been budgeting her income and has paid off four of her outstanding debts while the decision in her case was pending. 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: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board