DATE: October 20, 2006
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SSN: ----------------
Applicant for Security Clearance
APPEAL BOARD SUMMARY DISPOSITION
APPEARANCES
FOR GOVERNMENT
Daniel F. Crowley, Esq., Department Counsel
FOR APPLICANT
Pro Se
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On July 14, 2005, 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 a hearing. On April 18, 2006, after the hearing, Administrative Judge LeRoy F. Foreman 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. Rather, it contains new evidence which establishes that Applicant has now paid off his sole remaining debt. It also contains new evidence addressing concerns expressed by the Administrative Judge in his decision. 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: William S. Fields
William S. Fields
Administrative Judge
Member, Appeal Board
Signed: David M. White
David M. White
Administrative Judge
Member, Appeal Board