KEYWORD: Guideline J; Guideline E
DIGEST: The Board may not consider new evidence on appeal.  The Board’s authority is limited
to cases in which the appealing party has alleged the Judge committed harmful error.  Adverse
decision affirmed.  
CASE NO: 11-06804.a1
DATE: 08/30/2012
DATE: August 30, 2012
In Re:
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Applicant for Security Clearance
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ISCR Case No. 11-06804
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 February 3, 2012, DOHA issued a statement of reasons (SOR) advising Applicant
of the basis for that decision—security concerns raised under Guideline J (Criminal Conduct) and
Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as
amended) (Directive).  Applicant requested that the case be decided on the written record.  On June
26, 2012, after the close of the record, Administrative Judge Elizabeth M. Matchinski denied
Applicant’s request for a security clearance.  Applicant appealed pursuant to the Directive ¶¶
E3.1.28 and E3.1.30.
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Applicant’s appeal brief makes no assertion of harmful error on the part of the Judge.  He
makes a number of comments concerning the written record and offers them as an explanation for
his conduct.  He also states that in the course of his employment he does not come into direct contact
with classified information.  Some of these representations are not contained in the record below.
  
The Board may not consider new evidence on appeal.  See Directive ¶ E3.1.29.  Additionally,
the 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.  The Board does not review cases de
novo.  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: James E. Moody           
James E. Moody 
Administrative Judge
Member, Appeal Board