KEYWORD: Guideline F
DIGEST: Applicant submits evidence which, although several months old, was not presented to
the Judge and is, therefore, new evidence for our purposes.  The Board cannot consider
Applicant’s new evidence on appeal.  Adverse decision affirmed.
CASENO: 09-06289.a1
DATE: 02/01/2011
DATE: February 1, 2011
In Re:
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Applicant for Security Clearance
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ISCR Case No. 09-06289
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 May 6, 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 a hearing.  On November 22, 2010, after the hearing, Administrative Judge Carol G.
Ricciardello 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 and a state court record
referencing the judicial sale of a house for which Applicant had co-signed on the mortgage with his
father.  The sale had apparently occurred nine months prior to the hearing, but Applicant did not
become aware of it until after the 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: Michael Y. Ra’anan     
Michael Y. Ra’anan
Administrative Judge
Chairperson, Appeal Board
Signed: Jeffery D. Billett       
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: William S. Fields       
William S. Fields
Administrative Judge
Member, Appeal Board