FOR OFFICIAL USE ONLY
When unredacted this document contains information
EXEMPT FROM MANDATORY DISCLOSURE under the FOIA
Exemption 6 applies
KEYWORD: Guideline F; Guideline E
DIGEST: The Board cannot consider new evidence on appeal.  Adverse decision affirmed.
CASENO: 06-12656.a1
DATE: 08/28/2007
DATE: August 28, 2007
In Re:
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Applicant for Public Trust Position
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ADP Case No. 06-12656
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
trustworthiness designation.  On October 4, 2006, DOHA issued a statement of reasons (SOR)
advising Applicant of the basis for that decision–trustworthiness concerns raised under Guideline
The Judge’s favorable findings under Guideline E are not at issue in this appeal.  1
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F (Financial Considerations) and Guideline E (Personal Conduct) of Department of Defense
Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a hearing.  On
February 27,  2007, after the hearing, Administrative Judge Mark W. Harvey denied Applicant’s
request for a trustworthiness designation.  Applicant filed a timely appeal pursuant to 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, in the form of a statement from Applicant along with attachments.
The Board cannot consider new evidence on appeal.  Directive ¶  E3.1.29.  The Appeal Board’s
authority to review a case is limited to cases in which the appealing party has alleged that the Judge
committed harmful error, which Applicant has not done.  See ADP Case 06-07421 at 2 (App. Bd.
Apr. 16, 2007).  
Order
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