KEYWORD: Guideline F DIGEST: The Board cannot consider Applicant’s new evidence on appeal. Adverse decision affirmed. CASENO: 15-03098.a1 DATE: 07/26/2017 DATE: July 26, 2017 In Re: ---------------- Applicant for Security Clearance ) ) ) ) ) ) ) ) ISCR Case No. 15-03098 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 December 11, 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 a decision on the written record. On May 26, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Thomas M. Crean denied Applicant’s request for a security clearance. Applicant appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant requested that his case be decided on the written record and then did not respond to the government’s File of Relevant Material (FORM). The Judge based his adverse decision on the record that was before him which contained credit reports and other financial information dating from 2015. Applicant’s appeal brief contains no specific assertion of harmful error on the part of the Judge. Rather, it contains a detailed narrative statement by the Applicant explaining his current financial situation. As part of his submission he includes documents that post-date the submission of his case for decision, including Federal and State tax returns for 2016 and a Chapter 13 Trustee Interim Statement from 2017. His presentation indicates that his Federal and State taxes are now current, and his bankruptcy plan is being paid on time with no missing payments and is now over 50% complete. The Board cannot consider Applicant’s 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: Michael Y. Ra’anan Michael Y. 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