KEYWORD: Guideline F DIGEST: Applicant has not made an assertion of harmful error. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 09-07254.a1 DATE: 10/04/2011 DATE: October 4, 2011 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ADP Case No. 09-07254 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 trustworthiness designation. On November 4, 2010, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—trustworthiness 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 July 29, 2011, after considering the record, Administrative Judge David M. White denied Applicant’s request for a trustworthiness designation. 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 explaining a portion 1Applicant did not file a response to the government’s File of Relevant Material. of the history of her finances, a letter from an attorney, dated March 2, 2011 discussing an intent to file for bankruptcy later that month, a certificate of counseling, a cancelled check for $65 and a statement from a state tax authority that Applicant’s accounts are in balance.1 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 trustworthiness designation is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, 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