KEYWORD: Guideline F
DIGEST: Applicant’s appeal brief contains new evidence. The Board cannot consider
Applicant’s new evidence on appeal. Adverse decision affirmed.
CASENO: 15-00623.a1
DATE: 05/24/2017
DATE: May 24, 2017
In Re:
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Applicant for Public Trust Position
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ADP Case No. 15-00623
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 desigation. 
On December 30, 2015, 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 February 23, 2017, after considering the record,
Defense Office of Hearings and Appeals (DOHA) Administrative Judge Arthur E. Marshall, Jr.,
denied Applicant’s request for a trustworthiness designation.  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. 
Rather, it contains new evidence in the form of a narrative statement about the status of certain debts
and documents not previously submitted to the Judge, most of which post-date the Judge’s decision. 
The Board cannot consider Applicant’s 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: James E. Moody              
James E. Moody
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