KEYWORD: Guideline B
DIGEST: Applicant alleges no harmful error in the Judge’s decision.  Adverse decision affirmed.
CASENO: 10-01169.a1
DATE: 04/14/2011
DATE: April 12, 2011
In Re:
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Applicant for Security Clearance
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ISCR Case No. 10-01169
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 June 9, 2010, DOHA issued a statement of reasons (SOR) advising Applicant of the
basis for that decision—security concerns raised under Guideline B (Foreign Influence) of
Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
requested a hearing.  On January 20, 2011, after the hearing, Administrative Judge Mark Harvey
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 which indicates that
subsequent to the Judge’s issuance of the decision in this case, Applicant’s parents received approval
of their request for a visa to enter the United States, as well as their passports, and they are preparing
to travel the United States in a month or so.
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 D. Hipple     
Michael D. Hipple
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