KEYWORD: Guideline G; Guideline J
DIGEST: The Board has no authority to grant an interim, conditional or probationary clearance. 
Adverse decision affirmed.
CASENO: 10-03646.a1
DATE: 12/28/2011
DATE: December 28, 2011
In Re:
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Applicant for Security Clearance
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ISCR Case No. 10-03646
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 8, 2011, DOHA issued a statement of reasons (SOR) advising Applicant of the
basis for that decision—security concerns raised under Guideline G (Alcohol Consumption),
Guideline J (Criminal Conduct) and Guideline E (Personal Conduct) of Department of Defense
Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a hearing.  On October
13, 2011, after the hearing, Administrative Judge Carol G. Ricciardello denied Applicant’s request
for a security clearance.  Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
In his appeal brief, Applicant states: “After further review of this case and the Judge’s
decision I have conceded that the evidence against me is insurmountable.”  He then summarizes the
favorable evidence and asks that the Board to grant him an interim clearance.
The Board has no authority to grant an interim, conditional or probationary clearance.  See,
e,g, ISCR Case No. 02-18434 at 5 (App, Bd. Aug. 13, 2004).  Its 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.  To the extent that Applicant’s brief
could be construed as arguing that the record evidence would support a favorable application of the
mitigating conditions, such an argument is insufficient to demonstrate that the Judge erred.  The
presence of some mitigating evidence does not alone compel the Judge to make a favorable security
clearance decision.  See, e.g., ISCR Case No. 09-07139 at 3 (App. Bd. Sep. 13, 2011).  Therefore,
the decision of the Judge denying Applicant a security clearance 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