KEYWORD: Guideline F; Guideline E; Guideline J
DIGEST: Applicant’s appeal brief relies on new evidence.  The Board cannot consider new
evidence on appeal.  Adverse decision affirmed.
CASENO: 07-04843.a1
DATE: 03/30/2009
DATE: March 30, 2009
In Re:
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Applicant for Security Clearance
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ISCR Case No. 07-04843
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 security
clearance.  On July 16, 2008, DOHA issued a statement of reasons (SOR) advising Applicant of the
basis for that decision—security concerns raised under Guideline F (Financial Considerations),
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Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) of Department of Defense
Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a hearing.  On January
28, 2009, after the hearing, Administrative Judge Roger C. Wesley 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.
Rather, it contains new evidence, in the form of an statement in which Applicant asserts that he has
received a substantial  inheritance after the close of the record which he anticipates will permit him
to resolve his financial problems.
The Board cannot consider Applicant’s 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
security clearance 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: James E. Moody          
James E. Moody
Administrative Judge
Member, Appeal Board