KEYWORD: Guideline F
DIGEST: Applicant submitted new evidence on appeal, which the Board cannot consider. 
Applicant has not made an allegation of harmful error by the Judge.  Adverse decision affirmed.
CASE NO: 09-08244.a1
DATE: 04/21/2011
DATE: April 21, 2011
In Re:
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Applicant for Security Clearance
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ISCR Case No. 09-08244
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 21, 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 February 3, 2011, after the hearing, Administrative Judge Darlene D. Lokey
Anderson 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 supporting
documentation, which indicates that subsequent to the close of the record in this case: 1) his
application for loan modification was accepted and he expects to sign documentation to that effect
any day, 2) he has listed one of his rental properties for sale and will eventually use the expected
proceeds to pay of all existing debts, and 3) all of his debts continue to be handled and/or paid off
by a law firm he hired to work with his creditors.
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: Jeffrey D. Billett            
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: Jean E. Smallin             
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: William S. Fields           
William S. Fields
Administrative Judge
Member, Appeal Board