12/31/1996

Applicant's drug abuse was not mitigated where marijuana use was recent, and had continued after Applicant stated an intent to refrain from drug use in the future. He falsified his drug abuse history on security questionnaires in March and October 1995 and June 1996, during a subject interview in February 1996, and in a sworn statement in March 1996. Clearance denied.

12/31/1996

Applicant's illegal drug involvement, her failure to file state and federal income tax returns for many years and her excessive indebtedness have not been mitigated by sufficient evidence of reform. Clearance is denied.

12/31/1996

Applicant has used marijuana on a frequent basis for many years, last using marijuana less than one year ago, and he has not demonstrated a sincere intent to abstain from future use of marijuana. Clearance is denied.

12/31/1996

The Applicant has used marijuana for about 30 years, the last time being only six months ago. He also intends to use it in the future. Clearance Denied.

12/31/1996

Applicant's illegal drug use has been mitigated, however, his history of alcohol abuse and alcohol related incidents; his falsification of his security clearance application, a sworn statement and information during an interview with the Defense Investigative Service concerning his illegal drug use have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.

12/31/1996

Applicant waived objection to government exhibit by not raising it at hearing. Administrative Judge's findings and conclusions about Applicant's overall history of alcohol abuse are supported by record evidence. Adverse decision affirmed.

12/31/1996

Applicant's illegal drug involvement, including his addiction to marijuana; his falsification of three security clearance applications and false information during an interview with the Defense Investigative Service concerning his illegal drug use have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.

12/31/1996

Furthermore, his present support system, consisting of AA, the employee assistance program, the vice chairman and his wife, is strong enough (1) to dispel the negative inferences raised by his past alcohol abuse and (2) to conclude with complete confidence there will be no recurrence in the future. Clearance in granted.

12/30/1996

Applicant's financial irresponsibility--resulting in two prior bankruptcies-- continued to the date of hearing. Applicant engaged in criminal activity to generate funds to pay debts. Small evidence of efforts to straighten out financial difficulties was insufficient to overcome adverse inferences of prior fiscal mismanagement. Clearance denied.

12/30/1996

Applicant's poly-substance abuse, especially his abuse of marijuana (until January 1996) and LSD (until 1995), after having been granted a security clearance; his vacillating commitment to abstinence; the absence of substance abuse treatment; and his repeated willful falsifications in August 1995 and February 1996; in the absence of positive evidence of rehabilitation, raise grave questions and doubts as to his security suitability. Clearance is denied.

12/30/1996

Applicant's drug abuse was mitigated where marijuana use was not extensive or recent, having ceased over two years ago. However, Applicant had falsified security clearance applications in March 1992 and 1996; the latter falsification occurred after Applicant had disclosed his drug abuse in a subject interview. Clearance denied.

12/30/1996

Applicant's period of poly-substance abuse, from 1978 until 1996, including his addiction to, and trafficking in, crack cocaine, especially his abuse after having been granted security clearances in 1984, 1989, and 1993; his alcohol abuse, and continuing consumption of alcohol; his refusal to comply with substance abuse treatment and rehabilitation program requirements; his premature withdrawal from treatment in 1992; and his repeated willful falsifications, raise grave questions and doubts as to his security suitability. Clearance is denied.

12/30/1996

sexual harassment actions in the work place in 1993-94 with a previous employer were investigated by that company and led to his termination there in August 1994 despite his denials. Based on this documented company conclusion, his action fall within disqualifying sexual behavior in the workplace which reflects lack of judgment. On the other hand he sought a legitimate legal remedy for his financial problems in the bankruptcy action and is complying with the plan so the financial problems no longer remain an issue. Clearance denied.

12/30/1996

Applicant's poly-substance abuse, especially his abuse of marijuana, after having been granted a security clearance; his vacillating position regarding future substance abuse; his willful falsifications in 1990, and on two occasions in 1995; and his pattern of criminal conduct, in the absence of positive evidence of rehabilitation, raise grave questions and doubts as to his security suitability. Clearance is denied.

12/30/1996

Applicant abused alcohol to the point of medically diagnosed dependence from 1977 to at least March 1996. He continues to drink despite inpatient rehabilitation treatment and denies he has an alcohol problem. He intentionally concealed from the Government on two occasions the fact that he had been arrested and convicted for public drunk after completion of a forty day inpatient rehabilitation stay. Clearance is denied.

12/30/1996

Administrative Judge's findings about Applicant's history of alcohol abuse are supported by the record evidence and provide rational basis for her decision. Adverse decision affirmed.

12/30/1996

However, given (1) Applicant's drug history, (2) her intention to use drugs in the future, and (3) the pattern of intentional falsifications in February amd July 1995, Applicant has offered very little evidence to rehabilitate her acts of poor judgment to justify a conclusion she qualifies for security clearance access. Clearance is denied.

12/19/1996

Despite his Alford plea; "conviction" of sexual abuse first degree; and his purported "confession," Applicant did not knowingly engage in sexual abuse of his granddaughter, nor did he willfully lie or falsify material facts pertaining to the sexual molestation allegations. Clearance is granted.

12/16/1996

Applicant had a ten year history of financial problems which are not attributable to extraordinary medical expenses or catastrophic loss. He has never been married and has proffered no evidence that he is responsible for supporting anyone other than himself. He had not paid his federal income tax for 1992, and had not filed federal tax returns for 1993 and 1994. Evidence that he had satisfied several obligations during the past year pursuant to garnishment orders does not mitigate Applicant's history of financial irresponsibility. Clearance denied.

12/12/1996

Applicant had been poly-substance abuser for at least five years prior to being injured in motor vehicle accident in 1983. After accident he became addicted to pain killers and continued to use illegal drugs. In 1988 he received treatment at facility which placed him in methadone maintenance program. He has been in the program since that time. In eight years of being subjected to monthly urinalysis, he has had only one positive urinalysis (in 1990); it was positive for a narcotic pain medicine which had not been prescribed for him. Clearance granted.

12/12/1996

Board does not have authority to reopen investigation phase of Applicant's case. Administrative Judge's findings about Applicant's history of alcohol abuse are supported by record evidence. No authority for conditional security clearance. Adverse decision affirmed.

12/12/1996

alcohol abuse which began in 1981 continues despite a diagnosis of alcohol abuse and three alcohol-related incidents (two arrests). While he underwent court-ordered treatment in 1993, he has not yet confronted the seriousness of his abuse, stopped drinking or continued to attend AA. While he denies he has a problem with alcohol, he has no such favorable prognosis by a medical professional. Clearance denied.

12/11/1996

Applicant has been abusing alcohol for thirty years, leading to treatment for alcohol dependence and/or for alcoholism on three separate occasions, and leading to adverse employment consequences. He continues to consume alcohol. Clearance is denied.

12/06/1996

Despite Applicant's repeatedly expressed intention to satisfy his outstanding financial obligations, during the past seven years, he has taken no action to obtain counseling for the problem; to initiate a good-faith effort to repay any of the overdue creditors; or to satisfy any of the judgments against him. Instead, he has exhibited an indifference to, and disregard of, his outstanding financial obligations; and offered a combination of hollow promises, excuses, explanations, rationalizations, and justifications for his inaction. This raises grave questions and doubts as to his security eligibility and suitability. Clearance is denied.

12/06/1996

Applicant's illegal drug involvement, including his crystal methamphetamine addiction, his attempts to conceal his true drug involvement on his security clearance application and in a sworn statement, his failure to file his state and federal tax returns for many years and his neglect for his debts have not been mitigated by sufficient evidence of reform. Clearance is denied.

12/03/1996

In view of applicant's 19 months of abstinence, his credible testimony that he will not use illegal drugs in the future, and the very favorable evidence in the record concerning his reliability and trustworthiness, I conclude that applicant has reformed. Clearance granted.

12/03/1996

Applicant's history of regular marijuana use and selling marijuana for profit provides rational basis for Administrative Judge's decision. Adverse decision affirmed.

12/03/1996

Considering (1) Applicant's positive credibility at the hearing, (2) the impressive awards for her valuable contribution to the parent and teachers' association, (3) the documented efforts to improve her skills on the job, (4) the strong statements of support from Applicant's supervisors regarding her dedication and reliability, and (5) her understanding of the adverse conduct that can place her security clearance at risk, Applicant has successfully met her burden of persuasion under criminal conduct. Clearance is granted.

11/27/1996

Applicant's period of marijuana abuse, from 1972 until at least September 1995, especially her abuse after having been granted a security clearance in 1981; her declared intention to continue abusing marijuana; and repeated suicidal gestures and suicide attempts by overdosing with prescription drugs; in the absence of a commitment to abstinence and positive evidence of drug treatment and rehabilitation, raise grave questions and doubts as to her security suitability. Clearance is denied.

11/27/1996

Administrative Judge's findings on falsification are supported by record evidence. Applicant not entitled to offer new evidence on appeal. Adverse decision affirmed.

11/25/1996

Administrative Judge's finding of falsification is sustainable. Judge has discretion to weigh and balance favorable evidence in light of evidence as a whole. Judge's application of Adjudicative Guidelines was rational. Adverse decision affirmed.

11/21/1996

Applicant's inability or unwillingness to satisfy four of his long-standing debts precludes a finding at the present time that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.

11/21/1996

Applicant's period of marijuana abuse, from 1983 until February 1996, especially her abuse after having been granted a security clearance in 1993, in the absence of positive evidence of treatment and rehabilitation, raise grave questions and doubts as to her security suitability. Clearance is denied.

11/20/1996

Applicant's substance abuse, especially his abuse of marijuana after having been granted a security clearance in 1985; and his willful falsifications in 1995-96, in the absence of positive evidence of rehabilitation, raise grave questions and doubts as to his security suitability. Clearance is denied.

11/20/1996

Applicant's drug and alcohol abuse was not mitigated where abuse was extensive, Applicant had not completed drug or alcohol treatment, and record lacked evidence demonstrating the nature and extent of Applicant's claimed recovery. In addition, Applicant sold cocaine for considerable profit while using drugs. Applicant falsified his history of drug sales on a sworn statement in April 1995. Clearance denied.

11/19/1996

Applicant's past marijuana use and security clearance falsification were mitigated by sufficient evidence of reform and Applicant's good faith effort to correct the falsification before being confronted with the facts. Clearance is granted.

11/19/1996

Applicant's irresponsible conduct in spending beyond her means, and in failing to pay or to otherwise resolve her resulting debts, reflects poor judgment and irresponsibility. Clearance is denied.

11/19/1996

Applicant's poly-substance abuse, especially his abuse of marijuana and crack cocaine, after having been granted security clearances; his willful falsifications in 1995; and his pattern of criminal conduct, along with his violation of probation, in the absence of positive evidence of rehabilitation, raise grave questions and doubts as to his security suitability. Clearance is denied.

11/18/1996

Having weighed (1) the former prosecutor's positive remarks concerning Applicant's degree of cooperation, (2) the positive, anecdotal character evidence from Applicant's colleagues and his present employer, and (3) his favorable credibility at the hearing, Applicant has persuasively demonstrated he can be trusted, and the serious pattern of past criminal conduct will not recur. Clearance is granted.

11/15/1996

Applicant's lengthy period of alcohol abuse; two DWI arrests, in 1992 and 1995; failure to comply with the conditions of his aftercare program; his abandonment of the program; and continuing concerns regarding his candor; raise grave questions and doubts as to his security eligibility and suitability. Clearance is denied.

11/15/1996

Administrative Judge failed to apply the Felony Policy properly. The Judge's analysis of Applicant's history of criminal conduct under Section F.3. was not sustainable. Judge's finding of no falsification was clearly erroneous. Judge's heavy reliance on character references was not reasonable. Favorable decision reversed.

11/14/1996

Applicant's history of excessive indebtedness caused by being financially irresponsible without evidence of rehabilitation fails to meet eligibility requirements for a security clearance. Clearance is denied.

11/14/1996

Applicant's use of marijuana was "occasional," less than once per month, and he has not used marijuana for over a year. He expresses a credible intention to never use marijuana again. He successfully completed a treatment program. Clearance is granted.

11/13/1996

Applicant's lengthy period of alcohol abuse; failure to comply with the attendance and abstinence conditions of his aftercare program; his abandonment of the program; and his continued consumption of alcohol; along with little positive evidence of rehabilitation, raise grave questions and doubts as to his security eligibility and suitability. Clearance is denied.

11/13/1996

The Applicant was less than candid about his past drug abuse on three separate occasions. This repeated lack of candor is a violation of 18 U.S.C. Section 1001. Clearance Denied.

11/13/1996

Applicant has a long history of involvement with illegal drugs, and of drinking alcohol to excess. Applicant willfully falsified information in her security clearance application documents concerning her use and purchase of illegal drugs. Clearance is denied.

11/12/1996

Applicant abused alcohol on occasion with five adverse related incidents over the period 1982 to December 1995. He has actively pursued outpatient counseling for abuse since January 23, 1996 and with the exception of a couple of beers in April 1996 and on his wedding anniversary on ------- 1996, he has abstained from alcohol since December 22, 1995. He intends to maintain an alcohol-free lifestyle in the future. Clearance is granted.

11/12/1996

Applicant has a long history of excessive indebtedness and recurring financial difficulties. Applicant knowingly and willfully falsified material information in her NAQ. Applicant was convicted of welfare fraud, a state felony offense involving dishonesty. Clearance is denied.

11/12/1996

The Applicant has intentionally not filed his Federal income tax returns from 1982 through 1994, excepting 1984. He does not believe himself to be subject to the tax code, and states that he will not file income tax returns in the future. No mitigation is shown. Clearance is denied.

11/08/1996

The Applicant has failed to file his Federal and state income tax Returns for several years. Despite his repeated sworn intention to file, he continues to be delinquent. Clearance Denied.

11/08/1996

Applicant's intent to falsify her security clearance application by concealing her illegal drug involvement has not been mitigated by sufficient evidence of reform. Clearance is denied.

11/07/1996

Applicant's use of marijuana was very infrequent, and he testified credibly that he will never use marijuana again. The weight of the evidence is that his marijuana usage is a thing of the past, and not likely to be resumed. Clearance is granted.

11/07/1996

Applicant had used marijuana with varying frequency for more than 10 years; he had used it most frequently two months before his Administrative Hearing. While serving in the U.S. Navy, he had received an Article 15, UCMJ, for trafficking in LSD and was subsequently discharged from the Navy --- for the same misconduct --- before the term of his enlistment had expired. When he completed his NAQ in 1994, he withheld information about the Article 15, and admitted that he had smoked marijuana on only one occasion in 1986. During the first DIS interview, he admitted the circumstances of his discharge from the Navy, but denied again all marijuana use except for the single occasion in 1986. He finally admitted the full extent of his marijuana use during the second DIS interview incident to a polygraph examination. Clearance is denied.

11/07/1996

The Applicant has filed, in an untimely fashion, his Federal and State Income Tax Returns for tax years 1987~1989. He has rectified the problems that caused his past delinquency, and is now current with all of his filings. Clearance Granted.

11/05/1996

While Applicant's drug abuse was mitigated, he falsified his drug abuse history on security questionnaires in September 1989 and December 1992 and during a subject interview in September 1995. December 1992 falsification was not mitigate by December 1992 disclosure of falsification. He fully disclosed his drug abuse history only when confronted with the prospect of a polygraph examination. Clearance denied.

11/05/1996

drug involvement included dated use of mushrooms, LSD and cocaine which can be mitigated, but his use and purchase of marijuana continued for twenty-eight years from 1967 to June 1995, and his abuse of prescription drugs which continued to February 1996, and which might continue in the future, cannot be mitigated. His questionable personal conduct in understating his arrests as well as his drug use and purchases on his NAQ and initially to a DIS agent is another basis to deny along with his criminal conduct in making these knowing and willful falsifications plus a series of misdemeanors. On the other hand, he has largely resolved his financial problems which can now be mitigated. Clearance denied.

11/05/1996

Applicant engaged in illegal sexual intercourse several times with a 14 year old female in early 1994. He was subsequently convicted of a state felony, for which he is still on probation. Evidence did not show that the Applicant has overcome the adverse inferences related to his conduct. Insufficient mitigation is shown. Clearance is denied.