FOR OFFICIAL USE ONLY When unredacted this document contains information EXEMPT FROM MANDATORY DISCLOSURE under the FOIA Exemption 6 applies KEYWORD: Guideline F DIGEST: The Board does not review cases de novo CASENO: 06-11364.a1 DATE: 10/03/2007 DATE: October 3, 2007 In Re: -------------- Applicant for ADP I/II/III Position ) ) ) ) ) ) ) ) ADP Case No. 06-11364 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 22, 2006, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that Applicant challenges a finding by the Judge which she perceives as saying she was dishonest. Guideline E1 (Personal Conduct) is not at issue in this case, and the finding is not discussed elsewhere in the Judge’s decision. 2 decision—trustworthiness concerns raised under Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested the case be decided on the written record. On April 17, 2007, after considering the record, Administrative Judge Elizabeth M. Matchinski denied Applicant’s request for a trustworthiness 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.1 Rather, it contains new evidence: (a) a statement from the Applicant explaining the circumstances relating to several of her outstanding debts, and her recent efforts to dispute or resolve them, and (b) a letter from Applicant’s former husband taking responsibility for their joint debts. 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 Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, 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