1The Judge found in favor of Applicant as to the Guideline E allegations.
KEYWORD: Guideline F; Guideline E
DIGEST: Applicant made no assertion of harmful error.  The Board cannot consider new
evidence in resolving an appeal.  Adverse decision affirmed.
CASE NO: 08-11509.a1
DATE: 11/07/2011
DATE: November 7, 2011
In Re:
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Applicant for Security Clearance
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ISCR Case No. 08-11509
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 April 19, 2011, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision—security concerns raised under Guideline F (Financial Considerations)
and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as
amended) (Directive).  Applicant requested a hearing.  On August 31, 2011, after the hearing,
Administrative Judge Paul J. Mason denied Applicant’s request for a security clearance.1  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 documents showing Applicant’s payment history
on his outstanding student loans.  These documents are dated subsequent to the Judge’s decision,
and Applicant states without further explanation that “[he] did not have them in time for 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: 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