FOR OFFICIAL USE ONLY
When unredacted this document contains information
EXEMPT FROM MANDATORY DISCLOSURE under the FOIA
Exemption 6 applies
KEYWORD: Guideline F; Guideline J; Guideline E
DIGEST: Appeal Board authority is limited to cases in which the appealing party has alleged
harmful error.  Adverse decision affirmed.
CASENO: 06-08410.a1
DATE: 09/18/2007
DATE: September 18, 2007
In Re:
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Applicant for ADP I/II/III Position
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ADP Case No. 06-08410
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 July 10, 2006,
DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that
The Judge found in favor of Applicant with respect to SOR paragraphs 3.a and 3.b.  Those favorable
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findings are not at issue on appeal.
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decision—trustworthiness concerns raised under Guideline F (Financial Considerations), Guideline
J (Criminal Conduct) and Guideline E (Personal 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 January 30, 2007, after considering the record,  Administrative Judge Mary E.
Henry 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 a request that the Board review Applicant’s complete file and reverse the Judge’s
adverse determination.
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.  See Directive ¶ E3.1.32.  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