KEYWORD: Guideline B; Guideline H; Guideline G; Guideline E; Guideline J
DIGEST: Applicant’s brief contained no assertion of harmful error by the Judge.  Adverse
decision affirmed.
CASENO: 08-08944.a1
DATE: 11/03/2009
DATE: November 3, 2009
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-08944
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 March 31, 2009, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision—security concerns raised under Guideline B (Foreign Influence),
Guideline H (Drug Involvement), Guideline G (Alcohol Consumption), 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 September 11, 2009, after the
hearing, Administrative Judge Carol G. Ricciardello denied Applicant’s request for a security
clearance.  Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
Applicant’s brief opens with the following language: “I want to first submit that Judge Carol G. Ricciardello1
did not necessarily do anything wrong that changed the outcome of my case.”
Applicant’s appeal brief contains no specific assertion of harmful error on the part of the
Judge .  It does contain his interpretation of the case in mitigation.1
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.  Applicant has not made
an allegation of harmful error.  Applicant’s discussion of his case in mitigation  has not demonstrated
error.  A party’s disagreement with the Judge’s weighing of the evidence or an ability to argue for
an alternative interpretation of the evidence is not sufficient to demonstrate error.  See, e.g.,  ISCR
Case No. 06-19233 at 2 (App. Bd. Feb. 28, 2008). The Board does not review cases de novo.
Therefore, the decision of the Judge denying Applicant a security clearance is AFFIRMED.
Signed: Michael Y. Ra’anan      
Michael Y. Ra’anan
Administrative Judge
Chairperson, 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