ISCR Case No. 15-08174.a1

KEYWORD: Guideline F DIGEST: Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. Adverse decision affirmed. CASENO: 15-08174.a1 DATE: 12/5/2017 DATE: December 5, 2017 In Re: ---------------- Applicant for Public Trust Position ) ) ) ) ) ) ) ) ) ADP Case No. 15-08174

FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant eligibility for a public trust position. On June 13, 2016, 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 August 25, 2017, after considering the record, Administrative Judge Gina L. Marine denied Applicant eligibility for a public trust position. Applicant 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, Applicant asks that the Board reconsider her case and presents new evidence in the form of a narrative statement and supporting documentation. In the narrative statement, Applicant indicates that her payment arrangements with the IRS to satisfy her tax indebtedness have been kept current, that she has disputed two of her non-tax debts and they have now been removed from her credit reports, and that she has satisfied two other non-tax debts. The Judge had found in Applicant’s favor with respect to the two satisfied debts, so they are not at issue on appeal. Applicant’s attached documentation includes correspondence and credit reports that post-date the Judge’s decision in her case. The Board cannot consider new evidence on appeal. See Directive ¶ E3.1.29. The Board does not review a case 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. Applicant has not made an allegation of harmful error on the part of the Judge. Therefore, the decision of the Judge is AFFIRMED. Signed: Michael Y. Ra’anan Michael Y. Ra’anan Administrative Judge Chairperson, Appeal Board Signed: James F. Duffy James F. Duffy Administrative Judge Member, Appeal Board Signed: William S. Fields William S. Fields Administrative Judge Member, Appeal Board