KEYWORD: Guideline G; Guideline E
DIGEST: Applicant’s appeal brief contained no assertion of harmful error.  The Board does not
exercise de novo review.  Therefore, the Board cannot consider Applicant’s appeal.  Neither can
the Board consider new evidence on appeal.  Adverse decision affirmed.
CASENO: 08-09400.a1
DATE: 05/20/2010
DATE: May 20, 2010
In Re:
----------------
Applicant for Security Clearance
)
)
)
)
)
)
)
)
ISCR Case No. 08-09400
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 September 23, 2009, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision—security concerns raised under Guideline G (Alcohol Consumption)
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, 2010, after reviewing the record, Administrative Judge Philip S. Howe denied Applicant’s
request for a security clearance.  Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and
E3.1.30.
Applicant’s appeal brief makes no assertion of harmful error on the part of the Judge.
Applicant does offer additional written materials which he asserts support a reversal of the Judge’s
adverse security clearance decision.  However, the Board may not consider 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.  See Directive ¶ E3.1.32.  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: Jeffrey D. Billett               
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: Jean E. Smallin                
Jean E. Smallin
Administrative Judge
Member, Appeal Board