KEYWORD: Guideline F
DIGEST: The Appeal Board can not consider new evidence on appeal.  Adverse decision
affirmed.
CASENO: 15-00318.a1
DATE: 05/06/2016
DATE: May 6, 2016
In Re:
----------
Applicant for Security Clearance
)
)
)
)
)
)
)
)
ISCR Case No. 15-00318 
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 security  clearance.  On
June 19, 2015, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
decision—security concerns raised under Guideline F (Financial Considerations) 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 February 29, 2016, after the close of the record, Defense
Office of Hearings and Appeals  (DOHA) Administrative Judge Juan J. Rivera 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.  He
makes assertions about the current state of his finances and attached numerous documents to his
appeal brief.  He stated, “[b]ased on the enclosed documentary evidence, please consider my appeal
favorably and reinstate my security clearance.”  Most of Applicant’s assertions and all of the
documents in his appeal were not included in the record below. 
  
The Board may not consider new evidence on appeal.  See Directive ¶ E3.1.29.  Additionally,
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.  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: William S. Fields        
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: James F. Duffy           
James F. Duffy
Administrative Judge
Member, Appeal Board
2