ISCR Case No. 19-00043.a1

KEYWORD: Guideline F DIGEST: Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Instead, it describes the reasons for her financial problems and her efforts to resolve them. She also requests the Appeal Board grant her a probationary period so that she can show her dedication in turning her negative financial situation into a more positive one. Applicant, however, has not established that the granting of an exception under Appendix C of the Adjudicative Guidelines is merited. The Board does not review cases de novo. The Appeal Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Adverse decision affirmed. CASENO: 19-00043.a1 DATE: 09/26/2019 DATE: September 26, 2019 ) In Re: ) ) -------------- ) ADP Case No. 19-00043 ) ) Applicant for Public Trust Position ) )

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a trustworthiness designation. On January 30, 2019, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision—trustworthiness concerns raised under Guideline F (Financial Considerations) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On July 15, 2019, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Noreen A. Lynch denied Applicant’s request for a trustworthiness designation. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief raises no allegation of harmful error on the part of the Judge. Instead, it describes the reasons for her financial problems and her efforts to resolve them. She also requests the Appeal Board grant her a probationary period so that she can show her dedication in turning her negative financial situation into a more positive one. Applicant, however, has not established that the granting of an exception under Appendix C of the Adjudicative Guidelines is merited.

The Board does not review cases de novo. The Appeal Board’s authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Because Applicant has not made such an allegation of error, the decision of the Judge denying Applicant a trustworthiness designation is affirmed.

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