KEYWORD:  Guideline F; Guideline H; Guideline E
DIGEST:  Applicant’s appeal brief contains no assertion of harmful error on the part of the
Judge.  Adverse decision affirmed.
CASE NO: 15-01845.a1
DATE: 02/12/2018
DATE:  February 12, 2018
In Re:
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Applicant for Security Clearance
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ISCR Case No. 15-01845
APPEAL BOARD DECISION
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 7, 2016, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that
decision—security concerns raised under Guideline F (Financial Considerations), Guideline H (Drug
Involvement), 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
November 17, 2017, after considering the record, Defense Office of Hearings and Appeals (DOHA)
Administrative Judge Robert Robinson Gales 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).  His appeal brief contains no assertion of
harmful error on the part of the Judge.  Rather, he argues that “the judge was unable to take many
things into consideration based on the information that was provided . . .” and provides new
evidence in the form of a narrative statement discussing his past and present circumstances as they
relate to the allegations in the SOR.
The Board cannot consider Applicant’s new evidence on appeal.  See Directive ¶ E3.1.29. 
The Board does not review a case de novo.  Its 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 Ra’anan       
Michael 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
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