KEYWORD: CAC
DIGEST: Applicant, who is 55 years old, was arrested and charged with felony first-degree
assault, misdemeanor second-degree assault, and misdemeanor reckless endangerment in 2016. 
At that time, he was living with his girlfriend and their two-year-old child.  He became angry
when he thought his girlfriend hid his car keys.  He climbed on top of her in bed and choked her
for about ten seconds.  He allegedly said, “I should kill you now.”  She told police she feared he
would kill her and there had been other unreported incidents of domestic violence.  The charges
were dismissed and expunged from his record.  He provided a statement of his community
involvement.  Adverse decision affirmed.
CASENO: 17-01458.a2
DATE: 02/14/2019
DATE: February 14, 2019
In Re:
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Applicant for CAC Eligibility
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 CAC Case No. 17-01458
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 eligibility for Common
Access Card (CAC) credentialing.  On November 9, 2017, DoD issued a statement of reasons (SOR)
advising Applicant of the basis for that decision–Criminal or Dishonest Conduct concerns raised
under the adjudicative standards in the appendices of DoD Instruction 5200.46 (Sep. 9, 2014)
(Instruction).  Applicant requested a decision on the written record.  On June 28, 2018, after
considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge
Matthew E. Malone denied Applicant’s request for CAC eligibility.  Applicant appealed the decision
pursuant to Instruction, Enclosure 4 ¶ 6.
On October 29, 2018, we remanded the case to the Judge to correct an identified error.  On
November 16, 2018, the Judge issued a Remand Decision in which he again denied Applicant’s
request for a CAC.  Applicant appealed pursuant to DoD Directive 5220.6.  
Applicant raises the following issue on appeal: whether the Judge’s adverse decision was
arbitrary, capricious, or contrary to law.  Consistent with the following, we affirm.
The Judge’s Finding of Fact and Analysis
Applicant, who is 55 years old, has been working in a position that requires CAC eligibility
since late 2015.  He is retired from the Air National Guard.  The SOR alleges that Applicant was
arrested and charged with felony first-degree assault, misdemeanor second-degree assault, and
misdemeanor reckless endangerment in 2016.  At that time, he was living with his girlfriend and
their two-year-old child.  He became angry when he thought his girlfriend hid his car keys.  He
climbed on top of her in bed and choked her for about ten seconds.  He allegedly said, “I should kill
you now.”  Decision at 3.  She told police she feared he would kill her and there had been other
unreported incidents of domestic violence.  The charges were dismissed and expunged from his
record.  He provided a statement of his community involvement. 
Other than indicating the charges were dismissed, Applicant did not provide information
refuting them or addressing the underlying conduct, which is indicative of a significant inability to
control impulsive or violent behavior.  His alleged conduct was not minor and occurred less than
two years ago.  He did not provide information establishing rehabilitation or remorse.  Applicant’s
response did not sufficiently address the unacceptable risk concerns.  
  
Discussion
Applicant’s appeal brief draws our attention to his evidence of good character and
community involvement.  In addition, it contains statements and documents that were not previously
submitted to the Judge for consideration.  The Appeal Board may not receive or consider new
evidence.  Directive ¶ E3.1.29 
Applicant has failed to establish that the Judge committed any harmful error.  In light of the
record as a whole, we conclude that the Judge examined the relevant evidence and articulated a
satisfactory explanation for the decision.  The decision is sustainable on the record.  
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Order
The Decision is AFFIRMED.  
Signed: Michael Ra’anan                
Michael Ra’anan
Administrative Judge
Chairperson, Appeal Board
Signed: James E. Moody                  
James E. Moody
Administrative Judge
Member, Appeal Board
Signed: James F. Duffy                      
James F. Duffy
Administrative Judge
Member, Appeal Board
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