KEYWORD: Guideline F
DIGEST: Applicant’s appeal brief contains no assertion of error by the Judge.  Adverse decision
affirmed.
CASENO: 08-03372.a1
DATE: 06/05/2009
DATE: June 5, 2009
In Re:
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Applicant for Public Trust Position
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ADP Case No. 08-03372
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 17, 2008, DOHA issued a statement of reasons (SOR)
advising Applicant of the basis for that decision—trustworthiness concerns raised under Guideline
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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 that the case be
decided on the written record.  On March 31, 2009, after considering the record, Administrative
Judge Paul J. Mason denied Applicant’s request for a trustworthiness designation.  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 a documentary exhibit which indicates that
Applicant has paid off a $7,813.40 debt.
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
trustworthiness designation is AFFIRMED.
Signed: Michael Y. Ra’anan      
Michael Y. Ra’anan
Administrative Judge
Chairman, 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