KEYWORD: Guideline F
DIGEST: Applicant raised no issue of harmful error.  The Board cannot consider new evidence
on appeal.  Adverse decision affirmed.
CASE NO: 11-05401.a1
DATE: 07/03/2013
DATE: July 3, 2013
In Re:
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Applicant for Public Trust Position
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ADP Case No. 11-05401
APPEAL BOARD SUMMARY DISPOSITION
APPEARANCES
FOR GOVERNMENT
James B. Norman, Esq., Chief Department Counsel
FOR APPLICANT
Pro se
The Department of Defense (DoD) declined to grant Applicant a trustworthiness designation.
On November 7, 2012, DOHA issued a statement of reasons (SOR) advising Applicant of the basis
for that decision—trustworthiness concerns raised under Guideline F (Financial Considerations) of
Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant
requested a hearing.  On April 15, 2013, after the close of the record, Defense Office of Hearings
and Appeals (DOHA) Administrative Judge Shari Dam denied Applicant’s request for a
trustworthiness designation.  Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge.
Rather, it contains new evidence which indicates that Applicant is proceeding with his bankruptcy
and performs well at work.
The Board cannot consider Applicant’s 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 trustworthiness
designation 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: William S. Fields             
William S. Fields
Administrative Judge
Member, Appeal Board