KEYWORD:  Guideline B
DIGEST:  Applicant’s appeal brief contains no assertion of harmful error on the part of the
Judge.  Adverse decision affirmed.
CASE NO: 15-04736.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. 15-04736
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 30, 2015, 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 24, 2017, after considering the record, Defense Office of
Hearings and Appeals (DOHA) Administrative Judge Francisco Mendez 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).  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 by the Applicant detailing his service with the U.S. military as a translator in
Iraq and explaining his continuing contacts with family members in Iraq, along with copies of
multiple certificates of appreciation and commendation letters.
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.  See, e.g., ISCR Case No. 14-
06419 (App. Bd. Sep. 15, 2016).  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:  Charles Hale                
Charles Hale
Administrative Judge
Member, Appeal Board
Signed:  William S. Fields         
William S. Fields
Administrative Judge
Member, Appeal Board
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