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ISCR Case 06-15503.a1 — CASE

ISCR Case 06-15503.a1denied

Case Headnote

ISCR Case No. 06-15503.a1

deniedMay 23, 2007· Hon. Jean E. Smallin· appeal

Summary

An applicant, representing herself, was denied a trustworthiness designation under Guideline H (Drug Involvement) due to admitted future marijuana use. The initial denial was based on this admission, which raised concerns about the applicant's trustworthiness.

The applicant appealed the decision, but the appeal was denied. The Appeal Board affirmed the denial because the applicant did not assert any harmful error by the judge in the initial decision. Additionally, the Board could not consider new evidence presented during the appeal process, as its review was limited to the existing record and claims of harmful error.

Consequently, the denial of the trustworthiness designation was upheld, primarily due to the applicant's stated intent for future marijuana use and the procedural limitations of the appeal.

Why the Applicant Was Denied

The applicant admitted to future marijuana use, raising trustworthiness concerns under Guideline H.
The appeal did not assert harmful error by the judge, limiting the Board's review.
New evidence presented in the appeal could not be considered.

Conditions Referenced

Disqualifying

H1raisedDrug Involvement

Key Rule Quoted

“The Board does not review cases de novo.”

Procedural Posture

SOR issuedAug 16, 2006
Answer filed—
Hearing heldNov 29, 2006
Decision dateMay 23, 2007

Cite For

Affirmation of Denial Based on Drug Involvement Under Guideline H
Limitations on Appeal Regarding New Evidence
The Requirement to Assert Harmful Error for Appeal Consideration

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

KEYWORD: Guideline H DIGEST: The Board does not review cases de novo. Adverse decision affirmed. CASENO: 06-15503.a1 DATE: 05/23/2007 DATE: May 23, 2007 In Re: --------- SSN:------- Applicant for Trustworthiness Designation ) ) ) ) ) ) ) ) ADP Case No. 06-15503

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 August 16, 2006, DOHA issued a statement of reasons (SOR) advising Applicant of the basis for that decision—trustworthiness concerns raised under Guideline H (Drug Involvement) of Department of Defense Directive 5220.6 (Jan. 2, 1992, as amended) (Directive). Applicant requested the case be decided on the written record. On November 29, 2006, after considering the record, Administrative Judge Thomas M. Crean 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, in the form of a statement from the Applicant explaining why she told the government’s investigator that she intended to use marijuana in the future. 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: Jean E. Smallin Jean E. Smallin Administrative Judge Member, 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