KEYWORD: Guideline F; Guideline E
DIGEST: Applicant’s appeal brief contains no assertion of harmful error on the part of the
Judge. Adverse decision affirmed.
CASENO: 15-02103.a1
DATE: 06/05/2017
DATE: June 5, 2017
In Re:
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Applicant for Security Clearance
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ISCR Case No. 15-02103
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
November 6, 2015, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
decision—security concerns raised under Guideline F (Financial Considerations) and Guideline E
(Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended)
(Directive).  Applicant requested a decision on the written record.  On March 13, 2017, after
considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge
LeRoy F. Foreman denied Applicant’s request for a security clearance.  Applicant appealed pursuant
to the Directive ¶¶ E3.1.28 and E3.1.30.
Applicant requested that her case be decided on the written record and then did not respond
to the government’s File of Relevant Material (FORM).  Her appeal brief contains no assertion of
harmful error on the part of the Judge.  Rather, it contains new evidence in the form of a detailed
narrative statement explaining the SOR allegations, and attachments including character references
and documents showing debt payment or resolution.  Some of the documents post-date the Judge’s
decision.  Applicant requests that the Board reverse the Judge’s adverse decision based on the
attachments enclosed with her brief.
The Board cannot consider new evidence on appeal.  See Directive ¶ E3.1.29.  Additionally,
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: James F. Duffy                      
James F. Duffy
Administrative Judge
Member, Appeal Board
Signed: William S. Fields             
William S. Fields
Administrative Judge
Member, Appeal Board