KEYWORD: Guideline F
DIGEST: The Board does not consider new evidence on appeal.  Adverse decision affirmed.
CASENO: 07-12683.a1
DATE: 07/29/2008
DATE: July 29, 2008
In Re:
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Applicant for Security Clearance
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ISCR Case No. 07-12683
APPEAL BOARD SUMMARY DISPOSITION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Charles A. Wade, Esq.
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security
clearance.  On January 22, 2008, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision—security concerns raised under Guideline F (Financial Considerations)
of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
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requested a hearing.  On April 25, 2007, after the hearing, Administrative Judge Henry Lazzaro
denied Applicant’s request for a security clearance.  Applicant 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.
Instead, Applicant submits copies of items already in the record, as well as  new evidence in the form
a statement about the types of clearances he has held.  He also notes that he has not had to deal with
classified information during the last seventeen months and that “[a] clearance is simply an across
the board contract requirement.”  
The Board cannot consider Applicant’s new evidence on appeal.  See Directive ¶ E3.1.29.
It’s authority to review a case is limited to cases in which the appealing party has alleged the Judge
committed harmful error.  The Board does not review cases de novo.  Applicant has not made an
allegation of harmful error.  Therefore, the decision of the Judge denying Applicant a security
clearance is AFFIRMED.
Signed: Michael Y. Ra’anan         
Michael Y. Ra’anan
Administrative Judge
Chairman, Appeal Board
Signed: Michael D. Hipple            
Michael D. Hipple
Administrative Judge
Member, Appeal Board
Signed: William S. Fields              
William S. Fields
Administrative Judge
Member, Appeal Board