DATE: August 18, 2006
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SSN: ---------
Applicant for Security Clearance
APPEAL BOARD SUMMARY DISPOSITION
APPEARANCES
FOR GOVERNMENT
Peregrine D. Russell-Hunter, Chief Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On December 17, 2004, DOHA 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 the case be decided on the written record. On January 31, 2006, after considering the record, Administrative Judge Charles D. Ablard denied Applicant's request for a security clearance. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
Applicant's appeal brief contains no assertion of error on the part of the Administrative Judge. It only contains new evidence, in the form of additional statements from the Applicant and documentary exhibits, as to matters alleged in the SOR. (1) The Board cannot consider new evidence on appeal. See Directive ¶ E3.1.29.
The Appeal Board's authority to review a case is limited to cases in which the appealing party has alleged the Administrative Judge committed harmful error. Applicant has not made an allegation of harmful error. Therefore, the decision of the Administrative Judge denying Applicant a security clearance is AFFIRMED.
Signed: Jeffrey D. Billett
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: Jean E. Smallin
Jean E. Smallin
Administrative Judge
Member, Appeal Board
Signed: William S. Fields
William S. Fields
Administrative Judge
Member, Appeal Board
1. On appeal, Applicant resubmitted the evidence he had previously provided in response to the government's file or relevant material. He also updated his answer to the SOR, providing additional explanations as to the current status of his debts, and attached additional documentary evidence relating to those debts. Finally, Applicant provided additional employment/character references.