DATE: December 7, 2006
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SSN: ------
Applicant for Trustworthiness Determination
APPEAL BOARD SUMMARY DISPOSITION
APPEARANCES
FOR GOVERNMENT
Jennifer Campbell, Esq., Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) proposed to deny or revoke Applicant's access to unclassified automation systems in an ADP-III sensitivity position. On August 4, 2005, DOHA issued a statement of reasons advising Applicant of the basis for that proposal--security concerns raised under Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992), as amended (Directive). On September 12, 2005, Applicant requested a hearing before an Administrative Judge. On April 21, 2006, after the hearing, Administrative Judge Joseph Testan denied Applicant's request for access to an ADP-III position. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.
The Administrative Judge found that Applicant filed for Chapter 7 bankruptcy protection in October 1997 and received a discharge in bankruptcy in January 1998. However, after that, Applicant continued to experience financial problems, having over $30,000 of unpaid debt at the time of the hearing.
On appeal Applicant does not challenge the Administrative Judge's findings. However, she draws attention to her excellent work record and states that she will not place her job in jeopardy for financial gain.
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 access to an ADP-III position is AFFIRMED.
Signed: Michael Y. Ra'anan
Michael Y. Ra'anan
Administrative Judge
Chairman, Appeal Board
Signed: Michael D. Hipple
Michael D. Hipple
Administrative Judge
Member, Appeal Board
Signed: James E. Moody
James E. Moody
Administrative Judge
Member, Appeal Board