KEYWORD:  Guideline B
DIGEST:   Applicant has not made an allegation of harmful error on the part of the Judge. 
Adverse decision affirmed.
CASE NO: 16-01653.a1
DATE: 01/24/2018
DATE:  January 24, 2018
In Re:
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Applicant for Security Clearance
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ISCR Case No. 16-01653
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
17, 2016, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
decision—security concerns raised under Guideline B (Foreign Influence) of Department of Defense
Directive 5220.6 (Jan. 2, 1992, as amended) (Directive).  Applicant requested a decision on the
written record.  On October 10, 2017, after considering the record, Defense Office of Hearings and
Appeals (DOHA) Administrative Judge Gregg A. Cervi 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 provided a one-page
narrative response to the government’s File of Relevant Material (FORM).  His appeal brief contains
no assertion of harmful error on the part of the Judge.  Rather, it contains new evidence including
a narrative statement by the Applicant describing changes in his situation subsequent to the close
of the record that might mitigate the identified security concerns.  Some of this new evidence relates
to allegations in which the Judge found in Applicant’s favor.
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:  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