A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 06-21950.a1
Appeal BoardDecided Feb 8, 2008 · Administrative Judge Michael Y. Ra'anan · Appeal
Case headnote
Summary
The applicant, representing herself, sought a trustworthiness designation under Guideline F concerning financial considerations. The appeal was based on new evidence of debt payments, but the Appeal Board affirmed the denial due to the lack of allegations of harmful error against the Administrative Judge's decision.
Why the applicant was denied
- The applicant did not allege harmful error by the Administrative Judge.
- The Appeal Board cannot consider new evidence presented on appeal.
Conditions referenced
Disqualifying
- AG ¶ 18 Financial Considerationsraised
Mitigating
- AG ¶ 20 Financial Considerationsnoted
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.”
Procedural posture
- SOR issued
- 2006-12-14
- Answer filed
- Hearing held
- 2007-10-15 decided on the written record
- Decision date
- 2008-02-08
Cite for
- Limitations of the Appeal Board's Review Authority Regarding Harmful Error Allegations
- Impact of New Evidence on Appeal
- Financial Considerations Under Guideline F
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
Appeal at a glance
The appeal was filed by the applicant seeking to overturn the Administrative Judge's denial of a trustworthiness designation based on financial considerations. The Board affirmed the decision as the applicant did not assert any harmful error in the appeal. The Board's review is limited to allegations of harmful error, which were not present in this case.
Descriptive structured reading of this decided, public Appeal Board decision: what the case says, not a prediction or advice.
Full decision
Open original PDFThe complete official text, footnotes and signatures included, is in the original PDF.
Decision text, by section
Synopsis
KEYWORD: Guideline F DIGEST: 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 is affirmed. CASENO: 06-21950.a1 DATE: 02/08/2008 DATE: February 8, 2008 In Re: ----------- Applicant for Public Trust Position ) ) ) ) ) ) ) ) ADP Case No. 06-21950
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 December 14, 2006, DOHA 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 the case be decided on the written record. On October 15, 2007, after considering the record, Administrative Judge Erin C. Hogan denied Applicant’s request for a trustworthiness designation. Applicant timely appealed pursuant to the Directive ¶¶ E3.1.28 and E3.1.30. Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Rather, it contains new evidence that she has paid two debts, one of which the Judge found in her favor, and is in negotiation over the third debt. The Board cannot consider this 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 Judge committed harmful error. 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 Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairman, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board Signed: James E. Moody James E. Moody Administrative Judge Member, Appeal Board