DATE: June 14, 2006
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SSN:-----------
Applicant for Security Clearance
APPEARANCES
FOR GOVERNMENT
Peregrine D. Russell-Hunter, Esq., Department Counsel
FOR APPLICANT
Pro Se
APPEAL BOARD SUMMARY DISPOSITION
The Defense Office of Hearings and Appeals (DOHA) declined to grant Applicant a security clearance. On November 3, 2005, DOHA issued a statement of reasons advising Applicant of the basis for that decision--security concerns raised under Guideline F (Financial Considerations) and Guideline E (Personal Conduct) of Department of Defense Directive 5220.6 (Jan. 2, 1992), as amended (Directive). Applicant requested that the case be decided based on the written record. On April 28, 2006, after considering the record, Administrative Judge Noreen A. Lynch 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 specific assertion of harmful error on the part of the Administrative Judge. It contains a very short restatement of facts which constitute Applicant's view of the case already proffered below. The brief is accompanied by several documents that were not part of the record below. Applicant asks the Board to give him a chance to demonstrate that he is doing all he can to resolve his outstanding overdue debts.
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. Also, the Board cannot consider new evidence on appeal. Directive, ¶ E3.1.29. Therefore, the decision of the Administrative Judge denying Applicant a security clearance is AFFIRMED.
Signed Michael Y. Ra'anan
Michael Y. Ra'anan
Administrative Judge
Chairman (Acting), Appeal Board
Signed: Jeffrey D. Billett
Jeffrey D. Billett
Administrative Judge
Member, Appeal Board
Signed: William S. Fields
William S. Fields
Administrative Judge
Member, Appeal Board