KEYWORD: Guideline F
DIGEST: The Board cannot consider new evidence on appeal.  Adverse decision affirmed.
CASENO: 09-06306.a1
DATE: 01/31/2011
DATE: January 31, 2011
In Re:
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Applicant for Security Clearance
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ISCR Case No. 09-06306
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 April 13, 2010, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision—security concerns raised under Guideline F (Financial Considerations)
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 November 24, 2010, after considering
the record, Administrative Judge David M. White 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 a statement by the Applicant more fully explaining
his financial situation and addressing deficiencies in the record noted by the Judge and attributed
to Applicant’s election of an administrative determination instead of a hearing.
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.  Applicant has not made an allegation of harmful error
on the part of the Judge.   Therefore, the decision of the Judge denying Applicant a security
clearance is AFFIRMED.
Signed: Jeffery D. Billett      
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: James E. Moody        
James E. Moody
Administrative Judge
Member, Appeal Board
Signed: William S. Fields       
William S. Fields
Administrative Judge
Member, Appeal Board