KEYWORD: Guideline H; Guideline J; Guideline E
DIGEST: Applicant appealed, not because she feels the Judge did anything wrong, but because
she would still like a further review of her case.  Applicant has not made an allegation of harmful
error on the part of the Judge.  Adverse decision affirmed.
CASENO: 10-10087.a1
DATE: 12/08/2011
DATE: December 8, 2011 
In Re:
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Applicant for Security Clearance
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ISCR Case No. 10-10087
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 21, 2011, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision—security concerns raised under Guideline H (Drug Involvement),
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
September 21, 2011, after the hearing, Administrative Judge Francisco Mendez denied Applicant’s
request for a security clearance.  Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and
E3.1.30.
In her brief, Applicant states that she is not appealing because she feels that the Judge did
anything wrong, but because she would still like a further review of her case.  She believes that if
she had done a better job on the application process the outcome of her case may have been
different.  Therefore, she requests an opportunity to “re-plea” her case and submit additional
evidence.
The Board cannot consider 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 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