KEYWORD: Guideline F DIGEST: The Appeal Board does not review a case de novo. Adverse decision affirmed. CASENO: 10-02766.a1 DATE: 01/12/2012 DATE: January 12, 2012 In Re: ------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 10-02766 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 May 4, 2011, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—security concerns raised under Guideline F (Financial Considerations) of 1To the extent Applicant’s brief can be construed as arguing that the record would support a favorable decision, such an argument is not sufficient to demonstrate error. See, e.g., ISCR Case No. 10-09072 at 2 (App. Bd. Dec. 8, 2011). 2 Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a hearing. On October 21, 2011, after the hearing, Administrative Judge Robert E. Coacher 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 makes no assertion of harmful error on the part of the Judge. The brief contains a recitation as to why Applicant’s case should be adjudicated favorably. Applicant states in some detail why he believes the Government’s security concerns regarding his financial troubles have been mitigated. Some of Applicant’s representations contain facts not considered below. By explicit mandate, the Board may not consider new evidence on appeal. See Directive ¶ E3.1.29. The Board does not review a case de novo.1 Rather, 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. See Directive ¶ E3.1.32. 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: Jeffrey D. Billett Jeffrey D. Billett Administrative Judge Member, Appeal Board Signed: Jean E. Smallin Jean E. Smallin Administrative Judge Member, Appeal Board