KEYWORD: Guideline F DIGEST: The Board does not review a case de novo. 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. Adverse decision affirmed. CASENO: 14-04174.a1 DATE: 05/27/2016 DATE: May 27, 2016 In Re: ----- Applicant for Public Trust Position ) ) ) ) ) ) ) ) ADP Case No. 14-04174 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 eligibility for a public trust position. On October 3, 2014, DoD 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 decision on the written record. On March 24, 2016, after considering the record, Administrative Judge Gregg A. Cervi denied Applicant eligibility for a public trust position. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant admitted without explanation twenty-five of the thirty factual allegations in the SOR. Twenty-three of the allegations she admitted to were for unpaid debts. She requested that her case be decided on the written record and then did not file a response to the government’s File of Relevant Material (FORM). On appeal, Applicant offers new evidence in the form of a narrative statement describing her recollection of a 2013 discussion with an investigator regarding multiple job layoffs over a ten-year period, as well as an assertion that seven of the twenty-eight SOR debts are either duplicates or have been paid. The Board cannot consider new evidence on appeal. See Directive ¶ E3.1.29. The Board does not review a case de novo. 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 is AFFIRMED. Signed: Michael Ra’anan Michael Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board 2