KEYWORD: Guideline F
DIGEST: The Board cannot consider Applicant’s new evidence on appeal.  Adverse decision
affirmed.
CASENO: 09-06672.a1
DATE: 03/18/2011
DATE: March 18, 2011
In Re:
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Applicant for Security Clearance
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ISCR Case No. 09-06672
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 17, 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 January 27, 2011, after considering the
record, Administrative Judge Jennifer I. Goldstein 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, based
upon the record that was before her.  Rather, it contains new evidence, in the form of documents
indicating that scheduled payments on Applicant’s outstanding debts are being made in accordance
with debt repayment plans.  In her decision, the Judge had noted that “[w]hile [Applicant] submitted
evidence of promises to pay on the debts . . . he did not submit evidence of any actual payments.”
Decision at 6. 
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 based upon the record that was before her.  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: Jean E. Smallin       
Jean E. Smallin
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