KEYWORD: Guideline E
DIGEST: The Appeal Board’s authority is limited.  Adverse decision affirmed.
CASENO: 10-05756.a1
DATE: 04/26/2012
DATE: April 26, 2012
In Re:
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Applicant for Security Clearance
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ISCR Case No. 10-05756
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 August 16, 2011, DOHA issued a statement of reasons (SOR) advising Applicant of
the basis for that decision–security concerns raised under Guideline E (Personal Conduct) of
1To the extent that Applicant is seeking a new hearing, he has not demonstrated a justification for such a
remedy.  New hearings are only granted when there has been a showing that a party was prejudiced by a significant
defect in the prior proceeding, such as a denial of a fundamental right.  See, e.g., ISCR Case No. 06-15508 at 2 (App.
Bd. Sep. 21, 2007).  
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Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
requested a hearing.  On January 9, 2012, after the hearing, Administrative Judge LeRoy F. Foreman
denied Applicant’s request for a security clearance.  Applicant appealed pursuant to Directive ¶¶
E3.1.28 and E3.1.30.
Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge.  Our
authority to review a case is limited to those in which the appealing party has alleged that the Judge
committed harmful error based upon the record that was before him.  Directive ¶ E3.1.21.  See, e.g.,
ISCR Case No.09-06672 (App. Bd. Mar. 18, 2011).1  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: James E. Moody                  
James E. Moody
Administrative Judge
Member, Appeal Board