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ISCR Case 06-08410.a1 — CASE

ISCR Case 06-08410.a1denied

Case Headnote

ISCR Case No. 06-08410.a1

deniedSep 18, 2007· Hon. Jean E. Smallin· appeal

Summary

An applicant, representing themselves, was denied a trustworthiness designation for an ADP I/II/III position. The denial was based on concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct).

The applicant appealed this decision, but the appeal was affirmed. The appeal board's authority is limited to cases where harmful error is alleged, and the applicant did not assert any such error in their appeal. Consequently, the judges found no basis to reverse the prior ruling. The applicant's security clearance was ultimately denied.

Why the Applicant Was Denied

The applicant did not assert harmful error in their appeal.
The appeal board's authority is limited to cases where harmful error is alleged.

Conditions Referenced

Disqualifying

Guideline EappliedPersonal Conduct
Guideline FappliedFinancial Considerations
Guideline JappliedCriminal Conduct

Key Rule Quoted

“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.”
— Directive ¶ E3.1.32

Procedural Posture

SOR issuedJul 10, 2006
Answer filed—
Hearing heldJan 30, 2007decided on written record
Decision dateSep 18, 2007

Cite For

Affirmation of Denial Due to Lack of Harmful Error Assertion
Limitations of Appeal Board Authority
Application of Multiple Disqualifying Conditions Under Guidelines E, F, and J

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

SYNOPSIS

FOR OFFICIAL USE ONLY When unredacted this document contains information EXEMPT FROM MANDATORY DISCLOSURE under the FOIA Exemption 6 applies KEYWORD: Guideline F; Guideline J; Guideline E DIGEST: Appeal Board authority is limited to cases in which the appealing party has alleged harmful error. Adverse decision affirmed. CASENO: 06-08410.a1 DATE: 09/18/2007 DATE: September 18, 2007 In Re: --------- Applicant for ADP I/II/III Position ) ) ) ) ) ) ) ) ADP Case No. 06-08410

APPEAL BOARD SUMMARY DISPOSITION

APPEARANCES

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro Se The Defense Office of Hearings and Appeals (DOHA) proposed to deny or revoke access to automated information systems in ADP-I/II/III sensitivity positions for Applicant. On July 10, 2006, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that The Judge found in favor of Applicant with respect to SOR paragraphs 3.a and 3.b. Those favorable findings are not at issue on appeal. decision—trustworthiness concerns raised under Guideline F (Financial Considerations), Guideline J (Criminal Conduct) and Guideline E (Personal Conduct) 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 30, 2007, after considering the record, Administrative Judge Mary E. Henry denied Applicant’s request for a trustworthiness designation. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30.1 Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains a request that the Board review Applicant’s complete file and reverse the Judge’s adverse determination. 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. See Directive ¶ E3.1.32. It does not review cases de novo. Applicant has not made an allegation of harmful error. Therefore, the decision of the Judge denying Applicant a trustworthiness designation is AFFIRMED. Signed: Michael D. Hipple Michael D. Hipple 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