KEYWORD: Guideline F; Guideline E
DIGEST: Applicant did not allege harmful error by the Judge.   Instead, she submitted new
evidence, which the Board cannot consider.  The Board has authority to decide a case only when
the appealing party has alleged harmful error.  Adverse decision affirmed. 
CASE NO: 08-05379.a2
DATE: 09/15/201
DATE: September 15, 2010
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-05379
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 February 12, 2009, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision–security concerns raised under Guideline F (Financial Considerations)
and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as
amended) (Directive).  Applicant requested a hearing.  On August 26, 2009, after the hearing,
Administrative Judge Martin H. Mogul granted Applicant’s request for a security clearance.
Department Counsel appealed pursuant to Directive ¶¶  E3.1.28 and E3.1.30.  By decision dated
November 24, 2009, we remanded case to the Judge for a new decision.  On June 24, 2010, the
Judge issued a Decision on Remand, in which he denied Applicant a security clearance.  Applicant
appealed pursuant to the Directive.
Applicant’s appeal brief contains no assertion of harmful error.  Instead, it supplies new
evidence not contained in the record concerning the facts and circumstances of her bankruptcy
petition.  We cannot consider new evidence on appeal.  See Directive ¶ E3.1.29.  Neither can we
review cases de novo.  Our authority to review a case is limited to cases in which the appealing party
has alleged that the Judge committed harmful error.  Applicant has not made an allegation of
harmful error.  Accordingly, 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: Jean E. Smallin                 
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: James E. Moody               
James E. Moody
Administrative Judge
Member, Appeal Board