Small DOHA Seal

1997 Industrial Security Clearance Decisions

 

These 300 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

Other years: 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Alcohol; Personal Conduct

12/31/1997

Applicant's 33 year history of excessive alcohol consumption, his continuing alcohol abuse, and the absence of any participation in therapy or AA, establishes a strong probability Applicant will encounter abusive problems with alcohol in the future.


Criminal Conduct

12/31/1997

This 45-year-old Applicant's pattern of criminal conduct, consisting of five arrests involving threats, intimidation, and harassment of females during the period from 1981 to 1996, involved unusual and sometimes bizarre behavior that raises serious questions about his judgment. No mitigation or rehabilitation was shown by Applicant. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct; Financial

12/31/1997

I am sufficiently convinced that Applicant's ongoing family and individual counseling has effectively resolved Applicant's gambling addiction. Applicant's ongoing family and individual therapy, and the absence of any evidence of gambling since July 1996, constitutes sufficient evidence to conclude Applicant has resolved his gambling problems. However, Applicant's evidence in mitigation and extenuation is not enough to meet his burden of persuasion under Criterion H, Criterion E, and Criterion J. Clearance is denied.


Criminal Conduct

12/31/1997

Applicant plead guilty in 1995 to a single felony count of Grand Theft of Property Over $400. He was sentenced to five years of probation, jail and to pay restitution of $25,000, the amount that he stole. Applicant continues to deny involvement in the offense. No mitigation is shown. Clearance is denied.


Alcohol

12/31/1997

Applicant has a long-standing alcohol abuse problem which he cannot, or will not, resolve. Several alcohol related incidents, including causing an automobile accident in August 1996 which resulted in several injuries. Abstinent for ten months at time of hearing. Insufficient mitigation is shown. Clearance is denied.


Financial

12/31/1997

No presumption of error below and appealing party has burden of raising and demonstrating error. Nothing in Directive precludes adverse decision being based on a single Criterion. Filing for bankruptcy does not preclude Judge from considering Applicant's overall history of financial problems. Adverse decision affirmed.


Sexual Behavior

12/31/1997

Right to confront and cross-examine persons making adverse statements can be waived by applicants. Mere fact person was arrested does not prove person engaged in criminal conduct. Credibility determination is not a substitute for record evidence. Government not equitably estopped from denying access to classified information. Applicant's sexual conduct provides rational basis for Judge's decision. Adverse decision affirmed.


Drugs

12/23/1997

In view of (1) applicant's approximately one year of abstinence, (2) her credible testimony that she will not use illegal drugs in the future, and (3) the very favorable documentary evidence concerning her reliability and trustworthiness, I conclude that applicant has reformed. Clearance granted.


Criminal Conduct; Drugs

12/22/1997

Board does not measure Administrative Judge's decision against standard of perfection. Judge's errors, taken in their totality, cannot be said to be harmless. Adverse decision remanded with instructions.


Mental; Alcohol; Drugs

12/21/1997

In view of Applicant's mental condition, which could result in a defect in psychological, social, or occupational functioning, coupled with his 20 year history of alcohol and drug abuse, Applicant's testimonial and written character evidence falls well short of meeting his ultimate burden of persuasion under Criterion I, Criterion G, and Criterion H. Clearance is denied.


Foreign Preference

12/12/1997

The recent change of position over the last three to five months, raises serious doubts about the depth of his resolve in renouncing dual citizenship. Clearance is denied.


Financial

12/11/1997

Applicant's failure to offer any credible evidence that she is willing and able to satisfy any of her twenty-three past-due debts precludes a finding that it is clearly consistent with the national interest to grant her access to classified information. Clearance denied.


Alcohol Consumption

12/11/1997

Strict application of rules of evidence not required in DOHA proceedings. Department Counsel's closing argument was not improper and there is no indication Judge treated argument as evidence. Adverse decision affirmed.


Financial

12/11/1997

Applicant's history of excessive indebtedness largely caused by circumstances beyond his control has been mitigated by a good faith effort to resolve his past due debts. Clearance is granted.


Alcohol

12/10/1997

Applicant had been arrested or cited 13 times--in 25 years--for alcohol-related incidents. He stopped drinking alcohol seven months prior to the hearing after receiving correspondence from the DoD which informed him that there was a problem with his security clearance because of alcohol consumption. In the ten years prior to the hearing, Applicant had stopped drinking alcohol twice in conjunction with out-patient treatment ordered by the state after DUI arrests. He resumed alcohol consumption after each treatment and was later arrested for DUI. Clearance is denied.


Alcohol

12/10/1997

Applicant had been arrested or cited 13 times--in 25 years--for alcohol-related incidents. He stopped drinking alcohol seven months prior to the hearing after receiving correspondence from the DoD which informed him that there was a problem with his security clearance because of alcohol consumption. In the ten years prior to the hearing, Applicant had stopped drinking alcohol twice in conjunction with out-patient treatment ordered by the state after DUI arrests. He resumed alcohol consumption after each treatment and was later arrested for DUI. Clearance is denied.


Criminal Conduct; Financial

12/10/1997

Appllicant with history of not filing federal and state tax returns or discharging tax and other debts fails to meet minimum reliability and trust standards for holding clearance. Clearance is denied.


Alcohol

12/10/1997

Applicant's intention to continue consuming alcohol, notwithstanding the fact he has been diagnosed as alcohol dependent, precludes a finding that his abuse of alcohol will not recur. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

12/09/1997

Rebuttable presumption that quasi-judicial officials are impartial and unbiased. Department Counsel must prove controverted facts. Standard in DOHA proceedings is substantial evidence, not preponderance of evidence. Adverse decision affirmed.


Security Violations

12/08/1997

Applicant was not denied right to retain counsel in proceedings below. Applicant's security violations provided rational basis for Judge's decision. Adverse decision affirmed.


Drugs

11/25/1997

Applicant's illegal drug involvement, which last occurred in March 1996, was not mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

11/20/1997

The recency and extent of applicant's drug use and dishonest conduct precludes a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.


Sexual Behavior; Criminal Conduct

11/19/1997

The recency and seriousness of applicant's criminal and sexually perverted conduct precludes a finding at the present time that he has reformed and is unlikely to engage in this type of irresponsible conduct in the future. Clearance denied.


Alcohol

11/18/1997

Decision shows Administrative Judge considered record evidence, both favorable and unfavorable, in assessing Applicant's history of alcohol abuse. Absence of security violations did not preclude adverse decision based on Applicant's overall history of alcohol abuse. Adverse decision affirmed.


Alcohol

11/14/1997

The recency and extent of applicant's alcohol abuse, together with his continued consumption of alcohol, preclude a finding that his abuse of alcohol will not recur. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

11/14/1997

It was not arbitrary, capricious, or contrary to law for Administrative Judge to make adverse decision based on Applicant's multiple acts of falsification. Adverse decision affirmed.


Drugs; Criminal Conduct

11/13/1997

Applicant used marijuana on an infrequent basis from 1977 until 1995/96. No future use. Failed to file 1994 tax return in a timely fashion. Return now been filed. Sufficient mitigation is shown. Clearance is granted.


Personal Conduct; Criminal Conduct

10/27/1997

Concealment of 3 ten-year-old arrests on charges later dismissed from the Government on SF-86 questionnaire and in two DIS statements were unmitigated by claims of forgetfulness and confusion between arrest and conviction. Clearance is denied.


Drugs

10/22/1997

Considering Applicant's marijuana involvement from 1976 to October 1996, his suspect credibility, and the absence of independent evidence to corroborate his honesty, his trustworthiness, and his intentions to forego drug use in the future, Applicant has failed to meet his ultimate burden of persuasion under Criterion H. Clearance is denied.


Financial

10/20/1997

Applicant was delinquent on financial obligations totaling less than $20,000.00. His current annual income now exceeds $60,000.00-substantially more than he was making just two years ago. He had recently sought the services of a consumer credit counseling service agency and has begun making payments on his delinquent obligations. Clearance granted.


Financial

10/17/1997

Given the current evidence of consistent payment of bills as they become due, Applicant's favorable credibility at the hearing, her age and the fact that the financial problems were caused by a business downturn coupled with circumstances largely beyond Applicant's control, Applicant has satisfactorily met her burden of persuasion under the mitigating factors of Criterion F. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

10/15/1997

Administrative Judge's findings and conclusions about Applicant's 26- year history of marijuana use are sustainable. Adverse decision affirmed.


Drugs

10/14/1997

Regular and daily use of marijuana for about four years in high school is not mitigated when the Applicant subsequently took puffs on five different occasions in the past year or so on offered marijuana cigarettes; the last occasion occurred after he responded to the SOR and less than two months before the hearing. Clearance is denied.


Alcohol

10/14/1997

Although cited for public drinking in 1987 and 1994, there is no evidence Applicant was intoxicated on those occasions. While he was convicted of drunk driving in 1989 and recently detained overnight for public drunk in April 1997, these were isolated incidents and not indicative of an alcohol problem. Clearance is granted.


Criminal Conduct

10/14/1997

Given the lack of corroborative evidence in mitigation or rehabilitation, Applicant has failed to meet his ultimate burden of persuasion under Criterion J. Clearance is denied.


Financial

10/10/1997

The Applicant has in excess of $12,000 in past due debts, and has done little, if anything, to satisfy her past due indebtedness. Clearance Denied.


Financial

10/10/1997

Ten-year history of indebtedness, including $35,000+ to the IRS for tax years 1988-91 and 1995, although Applicant and his wife annually gross $80,000+, was not mitigated by recurring medical expenses, including psychiatric treatment for his wife and son, and private schooling for his disabled son. Clearance is denied.


Criminal Conduct

10/10/1997

Appealing party has burden of demonstrating error below. Department Counsel failed to demonstrate harmful error. Remand Decision affirmed.


Alcohol Consumption; Drug Involvement; Personal Conduct; Criminal Conduct

10/09/1997

Applicant had had less than one year of abstinence--from the alcohol and marijuana he had abused for more than twenty years--when he completed his security questionnaire in June 1996. On the questionnaire, he disclosed his treatment for alcohol abuse, but answered "no" to the question which asked if had used or purchased drugs. He did not admit that he had purchased and used marijuana regularly for more than twenty years until the second DIS interview. Clearance denied.


Criminal Conduct

10/09/1997

Applicant failed to include self-employment earnings and losses when he filed his income tax returns for tax years 1989 to 1996. Applicant's failures were not criminal actions. Applicant was arrested on charges of kidnaping and battery and sentenced under First Offender Act. Arrest occurred over five and one-half years prior to this administrative hearing. The crime was an isolated incident and there was persuasive evidence of counseling and rehabilitation. Clearance is granted.


Alcohol; Drugs

10/08/1997

Applicant abused alcohol from 1986 to June 1996, drinking to excess daily at times and committing four DWI offenses. He abused marijuana daily from 1988 to June 1996. He completed an outpatient treatment program in July 1996 but was reluctant to commit to AA and the record is silent as to whether he complied with his aftercare. It is too soon to tell whether his alcohol and drug abuse are safely behind him. Clearance is denied.


Alcohol

10/08/1997

Applicant's nearly nineteen year history of alcohol abuse was not mitigated where Applicant had four alcohol-related incidents (three within a recent three-year period) and Applicant appeared unwilling to recognize his alcohol problem. Limited evidence of reduced alcohol consumption was insufficient to overcome adverse inferences of alcohol abuse. Clearance denied.


Alcohol

10/03/1997

Applicant was involved in eleven alcohol-related incidents (eight drunk driving) between 1978 and October 1995. Diagnosed as a problem drinker/alcohol abuser, he since completed a 26 week outpatient addictions course but was given a guarded prognosis for recovery. While he has maintained abstinence since October 10, 1995 and gone to AA, his reform is too recent, in light of the poor prognosis, to conclude his alcohol problems are safely behind him. Clearance is denied.


Financial; Criminal Conduct

10/01/1997

Although Applicant went through two divorces and two periods of unemployment between 1987 and 1994, Applicant handled his finances irresponsibly by not using his available assets to remain current on his accounts, especially his child support payments. Applicant also acted irresponsibly by buying vehicles at a time when he was unemployed and/or delinquent in his child support payments. Applicant's financial irresponsibility was not mitigated where Applicant took no voluntary action to address debts even after becoming employed in January 1996. Criminal conduct was mitigate because criminal failure to pay child support was isolated and had greatest security significance as evidence of financial irresponsibility. Clearance denied.


Drug Involvement, Criminal Conduct, Falsification

10/01/1997

Applicant used marijuana, cocaine, and other drugs. His last use was 9 month prior the hearing. He failed to give truthfully answers on the PSQ he completed on January 29, 1988 and he gave false information in a signed, sworn statement dated March 5, 1996. Applicant's actions violated the felony policy rule. Clearance is denied.


Drug Involvement, Criminal Conduct, Falsification

10/01/1997

Applicant sexually abused both his daughters. Conduct occurred 3 years apart. Efforts at rehabilitation are recognized but it is too soon to determine that conduct will not repeat itself. Clearance is denied.


Criminal Conduct

09/30/1997

The Applicant's involvement in two criminal schemes to defraud (1993 and 1995), and her contradictory evidence,were not mitigated by any evidence of rehabilitation. Clearance denied.


Criminal Conduct

09/26/1997

Applicant had been given arrested for a single instance of credit card fraud which occurred almost four years prior to this administrative hearing. Since then he had satisfied all of the conditions of probation before judgment. The crime was an isolated incident, there were mitigating circumstances surrounding the commission of the offense; and there was persuasive evidence of rehabilitation. Clearance is granted.


Drugs

09/26/1997

Applicant's addictive abuse ended only 20 months ago, and is evidenced by three drug related convictions. Clearance Denied.


Drugs; Personal Conduct; Criminal Conduct

09/25/1997

Applicant's pattern of intentional falsifications demonstrates poor judgment, unreliability and untrustworthiness, and is not overcome by Applicant's positive character evidence and recently stated intention not to use drugs in the future. Clearance is denied.


Criminal Conduct

09/25/1997

Although Board must give deference to Judge's credibility determinations, they are not immune from review. Board must not only consider whether there is evidence to support Judge's findings, but also whether there is evidence that fairly detracts from those findings. Judge's findings of rehabilitation are not sustainable. Favorable decision reversed.


Drug Involvement; Personal Conduct; Criminal Conduct

09/19/1997

Applicant did not disclose his regular marijuana use--during college--on the PSQ which he completed on the day he started his job with a defense contractor. He was granted a top secret clearance. After not using marijuana for a year following his graduation from college, Applicant resumed his involvement with marijuana which included purchasing, using and selling small quantities. Clearance denied.


Alcohol

09/19/1997

Applicant's favorable treatment report of June 27, 1997 (Applicant's Exhibit B), his compliance with probation terms, and the favorable evidence of Applicant's good judgment on the job, convince me that Applicant's commitment to recovery will be as strong after he is released from probation as his recovery effort has been since July 1996.


Criminal Conduct; Personal Conduct

09/19/1997

Applicant has taken some remarkable steps in rehabilitation to turn her life in the right direction. The respect and support she has earned on the job, along with her promotion in June 1997, has been given serious consideration. However, even with her progress on her job, and the positive strides she has taken to regain control of her life, it is too soon for me to confidently say her past conduct will not recur in the future. Clearance is denied.


Alcohol Consumption

09/19/1997

Applicant has consumed alcohol from 1985 to February 1997; was arrested December 1985 for public intoxication; for DUI in January 1987 (was found not guilty of the charge), November 1990, and January 1992; April 1996 for public drunkenness, and has been sober for less that one year. Applicant realized in one month before the hearing that he should refrain from all alcohol consumption. Considering the recency, duration, and extent of his alcohol abuse, it cannot be safely concluded that his excessive alcohol consumption is a thing of the past. Clearance is denied.


Alcohol Consumption

09/19/1997

Applicant has been diagnosed as alcohol dependent. His excessive consumption of alcohol resulted in an August 1995 DUI, a September 1996 statement that he would commit suicide, and a December 1996 automobile accident. Applicant has been sober less than 4 months. Considering the recency, duration, and extent of his alcohol abuse, it cannot be safely concluded that his excessive alcohol consumption is a thing of the past. Clearance is denied.


Sexual Behavior

09/17/1997

Applicant's nearly thirty year history of sexual behavior was not mitigated where Applicant had engaged in several different kinds of behavior during the period, had renewed sexual behavior after an eight year hiatus, and Applicant's coworkers and spouse were not aware of the sexual behavior. Clearance denied.


Criminal Conduct

09/17/1997

The Applicant did not file his 1991, 1992, 1993, 1994 and 1995 Federal and state tax returns until the the first quarter of 1997. He filed his 1996 tax returns in a timely fashion. All returns were filed by date of hearing and Applicant met burden of showing that this activity will not continue. Sufficient mitigation is shown. Clearance is granted.


Drugs; Alcohol; Personal Conduct

09/17/1997

Applicant's twenty six year history of addiction to drugs and alcohol, with numerous treatments and relaspes, have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

09/15/1997

Applicant continues to abuse alcohol despite seven detoxification treatments for medically diagnosed alcohol dependence. She abused marijuana to February 1996, most recently on a daily basis, and continues to associate with drug users. She denied any use of illegal drugs on her security clearance application and during her initial DIS interview. Clearance is denied.


Financial

09/15/1997

The Applicant's financial difficulties are due to a situation over which he had little or no control. He has now rectified that situation, and will file a Chapter 13 Bankruptcy to eventually pay back his past due debts. Clearance Granted.


Alcohol Consumption

09/11/1997

Applicant comes with 3 proven alcohol-related incidents sans any diagnosis of alcohol abuse or dependence, and with his successful completion of a treatment program, 2 1/2 years of non-abuse of alcohol and exhibited trust and confidence of his superiors, he absolves himself of foreseeable recurrence risks. Clearance is granted.


Alcohol

09/11/1997

Bias is not shown merely because appealing party demonstrated legal error by Judge. Judge cannot reverse earlier ruling without giving an adequate explanation. Judge's findings and conclusions about Applicant's alcohol consumption contain several errors. Adverse decision reversed.


Drugs; Personal Conduct; Criminal Conduct

09/11/1997

After having evaluated the favorable evidence with the unfavorable evidence of Applicant's marijuana history and his intentional falsifications of his marijuana history on four occasions between June 1988 and December 1995, Applicant has failed to overcome the negative evidence under Criterion H, Criterion E, and Criterion J. Clearance is denied.


Drugs

09/10/1997

The recency and extent of applicant's marijuana use 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.


Drugs

09/10/1997

Applicant's involvement with marijuana from 1989 to at least 1996, was not mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Criminal Conduct

09/10/1997

Because of his son's chronic illness--which eventually caused his death in July 1994, Applicant did not file his federal and state income tax returns for 1992, 1993, 1994 and 1995. Prior to his administrative hearing, he had filed his federal returns, and was in the process of obtaining information which would enable him to file his state income tax returns. Clearance is granted.


Financial

09/09/1997

Applicant overextended himself on his credit cards to where a $11,000 withdrawal from his 401K account was not sufficient to restore him to financial solvency. He was granted a Chapter 7 discharge of some $33,000 in debt on August 25, 1997, but failed to demonstrate a favorable change in financial habits to preclude recurrence of similar problems. As recently as early 1997, he was between $800.00 to $1,000.00 behind on his utility bill despite an adequate income. Clearance is denied.


Alcohol Consumption

09/08/1997

Applicant with long history of alcohol abuse and ensuing dependence diagnosis is credited with successful treatment but brings too little time in abstinence and insufficient details of AA participation to absolve him of recurrence risks at this time. Clearance is denied.


Criminal Conduct; Drug Involvement

09/05/1997

Applicant's one time conviction in 1995 for drug possession can be excused as it was isolated and not likely to recur as he manifests successful rehabilitation. On the other hand his extensive and expansive history of drug abuse which continued unabated to the time of his arrest cannot be mitigated as he still minimizes the serious of his drug use. Thus, even his two year hiatus is too soon to conclude he will not abuse in the future. Clearance is denied.


Criminal Conduct

09/05/1997

Applicant's criminal conduct in a counterfeiting ring was not mitigated where Applicant had been a principal actor in the ring and case record did not contain clear evidence of rehabilitation. Clearance denied.


Criminal Conduct

09/05/1997

Because of a dispute with the IRS over the penalties and accrued interest assessed again him for filing his federal income tax returns late from 1986 through 1989, Applicant had not filed his federal and state income tax returns for 1991, 1992, 1994, and 1995. Nor had he attempted to resolve his dispute with the IRS about the penalties and accrued interest for his late filing of federal tax returns during the 1980's. Clearance is denied.


Drugs; Falsification; Criminal Conduct

09/05/1997

Applicant with history of poly-substance abuse, too recent and significant to mitigate, and history of repeated omissions and single incident of criminally concluded spousal abuse, remains at risk to recurrent abuses of trust. Clearance is denied


Financial

09/04/1997

Applicant with history of debt arrearages and failed Chapter 13 plan fails to document any counseling or repayment efforts sufficient to surmount raised risks obout his reliability and trustworthiness. Clearance is denied


Alcohol Consumption, Financial Considerations

09/04/1997

During Applicant's ten-year history of alcohol abuse, he had been arrested three times in alcohol-related incidents, and had been discharged from the U.S. Navy as an "alcohol rehabilitation failure." He denied current alcohol use in answer to the SOR, but did not provide an account of when he had stopped drinking or whether he was participating in any after-care support group. Applicant's $10,000.00 in delinquent financial obligations could not be mitigated because he has failed to make even a minimal payment on any of these obligation in the past year. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

09/04/1997

A pattern of criminal conduct (two shoplifting convictions) and financial considerations (two bankruptcies and existing unpaid debts) preclude Applicant from a security clearance. Her omission of the 1995 arrest from her 1995 NAQ was not deliberate, and thus not a factor in the denial.


Financial

09/03/1997

Applicant's financial irresponsibility, resulting in over $23,000.00 in debt, was not mitigated where Applicant had taken no action between October 1991 and December 1996 to address debts, and minimal action taken since December 1996 was ineffective to address debts. Clearance denied.


Drugs

09/03/1997

The Applicant used marijuana, about twice a week, for ten years. He last used the drug less than seven months ago. Clearance Denied.


Criminal Conduct

08/29/1997

Applicant's wilful failure to file her State and Federal income tax returns for tax years 1993, 1994, and 1995 in violation of State and Federal Law has been mitigated by sufficient evidence of rehabilitation and reasonable excuse. Clearance is granted.


Criminal conduct; Drugs

08/29/1997

Applicant was peripherally involved in April 1994 in a drug transaction involving his ex-wife and another person. The Applicant is currently on probation for this offense. He has no other criminal or drug history. Sufficient rehabilitation and mitigation is shown. Clearance is granted.


Drugs

08/28/1997

Right to due process does not preclude Judge from making credibility determination of applicant. Harmless errors do not warrant remand or reversal. Apart from some errors, Judge's findings and conclusions about Applicant's history of marijuana use are sustainable. Adverse decision affirmed.


Drugs

08/28/1997

Applicant's illegal drug involvement, including her history of heroin addiction, numerous unsuccessful attempts to stop using heroin, a recent relapse, and numerous drug related arrests have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Criminal Behavior

08/22/1997

Felony thefts over a two-month period within the last two years by a 36-year-old Applicant, employed as an inventory manager for a discount appliance retailer, from his employer was unmitigated; unrelated drunk driving charge was mitigated as isolated. Clearance denied.


Alcohol

08/22/1997

Five alcohol-related incidents 3+ years ago, evidence of alcohol "binging" while in military service, and an inpatient rehabilitation program six years ago were mitigated by moderate drinking since his marriage about two years ago, acceptance of responsibility for two stepchildren, and no current or recent alcohol problem. Clearance granted.


Personal Conduct; Criminal Conduct

08/22/1997

As the newly installed Ship's Master of a vessel under contract to the U.S. Navy, Applicant participated in/continued an on-going scheme to defraud the U.S. Government by falsifying labor records. Events occurred six years prior to his hearing. Except for this incident, Applicant has an unblemished record and an excellent reputation. Clearance is granted.


Alcohol

08/21/1997

Two alcohol-related incidents, evidence of excessive alcohol abuse or "binging" over 30+ years, including seven periods of sobriety each of a year or more, and two inpatient detoxification programs were not fully mitigated by self-education over the last 18 months on alcoholism and abstinence for 12 months. Clearance denied.


Security Violations; Personal Conduct

08/21/1997

As the FSO, Applicant knowingly allowed two uncleared employees access to classified information on numerous occasions over a four year period; he had also prepared classified visit letters which authorized these employees access to classified information at other facilities. Clearance is denied.


Alcohol

08/21/1997

Administrative Judge must weigh evidence and decide whether favorable evidence outweighs unfavorable evidence or vice versa. Absence of security violations does not preclude adverse decision. Applicant's history of alcohol abuse from 1971 to June 1996 provides rational basis for Judge's decision. Adverse decision affirmed.


Alcohol

08/20/1997

Three alcohol-related incidents in the last 7 years and evidence of habitual and excessive alcohol abuse in the last 4 years were unmitigated; attendance at alcohol education and rehabilitation programs preceded the last DUI a year ago. Clearance denied.


Alcohol

08/18/1997

However, in view of Applicant's episodic abuse of alcohol over the last 19 years, Applicant's inconsistent intentions about his future alcohol use, and the absence of corroborative evidence to support Applicant's claims of a lifestyle supportive of sobriety, Applicant's evidence in rehabilitation falls short of satisfying his ultimate burden of persuasion in demonstrating he warrants a security clearance. Clearance is denied.


drugs

08/18/1997

Applicant with a long history of marijuana abuse and failure to disavow all future use of marijuana (despite considerable decline in recent yesrs) fails to absorb all security risks associated with involvement with illegal substances. Clearance is denied


Personal Conduct

08/18/1997

Absence of conviction does not preclude Administrative Judge from considering security-significance of Applicant's conduct. Absence of security violations does not preclude adverse clearance decision. Clearance decisions not limited to consideration of Applicant's conduct during duty hours. Adverse decision affirmed.


Drugs; Alcohol

08/15/1997

The Applicant was diagnosed as being both drug and alcohol dependent, less than a year ago. Clearance Denied.


Drugs

08/14/1997

Applicant's illegal drug involvement, which last occurred in December 1996, is mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.


Financial; Alcohol; Criminal Conduct

08/14/1997

Applicant's financial irresponsibility, resulting in nearly $59,000.00 in debt, was not mitigated where Applicant had taken no action over last year to address debts. Alcohol abuse and dependence was not mitigated where Applicant had resumed drinking after treatment, and had not pursued rehabilitation program; mere abstinence from alcohol not enough given Applicant's prior history of alcohol abuse. Clearance denied.


Foreign Preference

08/13/1997

A dual citizen of the United States and a foreign nation since birth, Applicant was raised in the foreign country and served in its military. His recent exercise of his United States citizenship is undermined by his continued use of his foreign passport in preference to his United States passport and his willingness to again serve in the foreign military if required. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

08/12/1997

Applicant's illegal drug involvement is mitigated, but his repeated intentional falsifications on two security clearance applications, and in two sworn statements to the Defense Investigative Service are not mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Sexual Behavior

08/12/1997

Rebuttable presumption Judge considered all the record evidence. Judge's findings and conclusions are reviewable based on record evidence, not on matters outside the record. Judge did not err by basing factual finding on exhibit submitted by Applicant. Adverse decision affirmed.


Sexual Behavior

08/12/1997

Menage a trois activities over a 2-year period, ending three years ago, and one instance of attempted nonconsensual oral sex was unmitigated; later sexual harassment allegation was not well-founded. Clearance denied.


Criminal Conduct

08/11/1997

Applicant's character evidence, which stresses his devotion to his work as well as his family, coupled with the family medical and Applicant's job problems between 1991 and 1994, convinces me Applicant can be entrusted to hold a security clearance. Clearance is granted.


Financial

08/11/1997

Applicant began to experience financial problems after taking out in 1991 the first of three education loans for her son to attend college. She was unable to meet her financial obligations with eight other creditors and judgments were awarded against her. Her wages are being garnisheed to recover the defaulted education loans and she has commenced repayment of her other debts. Clearance is granted.


criminal conduct; sexual behavior; drugs

08/08/1997

Applicant's security clearance is revoked because of his criminal conduct and sexual behavior. He has a 1995 felony conviction for Sodomy against a Minor Child, and also engaged in inappropriate sexual behavior (sexual fondling a minor child from 1993-1995). He remains on probation and has not yet demonstrated rehabilitation even though he has continued court-ordered psychological treatment since 1995 for his disorder. While he used marijuana from 1984 to 1995 and also experimented with other drugs, that use was dated and minimal, so his drug abuse can now be mitigated as for two years he has demonstrated his intent to remain drug free. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

08/08/1997

Applicant's illegal drug involvement, and his repeated intentional falsifications on two security clearance applications concerning his illegal drug involvement have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Foreign Preference

08/06/1997

A citizen of foreign country B from birth and of the United States since her naturalization in February 1995, Applicant voted in foreign country B elections in --- 1995 and used her country B passport to enter another foreign country in September 1995. She no longer intends to exercise any rights of dual citizenship and is willing to renounce her country B citizenship. Clearance is granted.


Alcohol

07/31/1997

Applicant consumed alcohol to excess and repeated drunk driving from 1979 to March 1996. He reduced his consumption to one beer per month thereafter but exhibited denial of an alcohol problem during a court-ordered evaluation in September 1996. His participation in counseling and AA since May 1997 is too recent to overcome his abuse history. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/31/1997

But, given the extensive crack cocaine abuse, particularly during the Summer of 1996 when Applicant spent up to $700 for the drug, and the intentional falsifications in 1993 and June 1995, Applicant's favorable character evidence and his job performance is not sufficient to overcome the evidence introduced under Criterion H, E and J. Clearance is denied.


Financial

07/31/1997

Applicant has a record of outstanding financial judgments awarded against him between April 1990 and March 1996 and accounts placed for collection which he made no voluntary effort to repay. He filed for bankruptcy in February 1997. Whether or not the debts are discharged, his disregard of his financial obligations raises security concerns. Clearance is denied.


Criminal Conduct

07/30/1997

Applicant's wilful failure to file her Federal income tax returns for tax years 1989, 1990, 1992, 1993 and 1995 in violation of federal law, without reasonable excuse or evidence of rehabilitation fails to meet eligibility requirements for a security clearance. Clearance is denied.


Drugs

07/29/1997

The Applicant used marijuana six times from 1993~1996. The last time was less than eight months ago. He also brought a smoking device to his place of employment. His drug abuse is too recent not to be of present security significance. Clearance Denied.


Personal Conduct; Criminal Conduct; Drugs

07/29/1997

Applicant was convicted for Possession of Cocaine for Sale in 1993, still on probation. Falsified NAQ and sworn statement regarding marijuana use in 1980s. Insufficient mitigation is shown, clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/29/1997

Ineffective assistance of counsel doctrine does not apply to DOHA proceedings. Applicant not entitled to new hearing solely to give him another chance to present evidence. Judge's findings about Applicant's falsifications are sustainable. Adverse decision affirmed.


Alcohol

07/28/1997

Applicant's long history of alcohol abuse with numerous attempts to stop drinking, and two alcohol related arrests have not been mitigated by sufficient evidence rehabilitation. Clearance is denied.


Drugs

07/25/1997

Prescription painkiller dependence diagnosis, followed by one relapse and marijuana experimentation, and one DUI were mitigated by a seven-week inpatient rehabilitation program, 12 months of abstinence, continued and regular attendance at meetings of AA and NA, behavioral changes, available family support structure, and a demonstrated intent to remain drug-free. Clearance is granted.


Alcohol

07/25/1997

Applicant's 24 year history of alcohol abuse and dependence, highlighted by two DWI arrests, suspension from work, a history of failed treatment, and his continuing to drink after being advised not to do so was unmitigated. Clearance denied.


Alcohol

07/23/1997

Diagnosed continuous alcohol dependence, repeated outpatient treatment programs, and one alcohol-related incident were unmitigated by 12 months sobriety in absence of support by AA or a similar organization or favorable prognosis by a credentialed medical professional. Clearance denied.


Criminal Conduct

07/23/1997

Applicant's criminal conduct which included her 1995 arrest and conviction for Presenting a False or Fraudulent Claim for Payment, a felony, against an insurance company, was mitigated by sufficient evidence was reform and rehabilitation. Clearance is granted.


Security Violations

07/23/1997

Applicant failed to properly mark confidential working papers generated by him in 1989 and he kept them unsecured in his unlocked desk drawer when not in use for the next seven years. In 1995, on two separate occasions, he intentionally processed classified Confidential information on an unapproved AIS. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/22/1997

Administrative Judge's findings and conclusions about Applicant's marijuana history and his falsifications about it are sustainable. Adverse decision affirmed.


Alcohol

07/22/1997

Right to cross-examination pertains solely to controverted issues. Documents that fall within recognized exceptions to hearsay rule are an exception to right to cross-examination. Judge's findings about Applicant's alcohol abuse are sustainable. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

07/21/1997

Applicant's satisfactory job performance for the period ending February 1997, and the compliment from the -------- manager for being a team player, constitutes positive evidence in Applicant's favor. However, Applicant's good character evidence is insufficient to outweigh the long history of drug abuse and pattern of dishonest conduct. Clearance is denied.


Financial

07/18/1997

Applicant accumulated over $25,000 in consumer debts to nine creditors and twelve accounts beginning in 1992 and has made almist no effort to repay the debts despite being gainfully employed since Decemnber 1995. Clearance is denied.


Financial

07/17/1997

The documented proof of repayment to creditors A and G between February and May 1997, together with Applicant's intentions to repay the remaining creditors, convinces me Applicant will follow his repayment plan until all old creditors are paid. Clearance is granted.


Sexual Behavior; Criminal Conduct; Drugs; Personal Conduct

07/17/1997

The recency of applicant's sexually perverted and criminal conduct precludes a finding that he is now sufficiently reliable and trustworthy to be granted access to classified information. Clearance denied.


Sexual Behavior; Financial

07/11/1997

Adverse security clearance decision is not a criminal sanction. Applicant waived objection to admissibility of government exhibits. "Clearly consistent with national interest" standard not incompatible with right to fair hearing. No vested interest in or property right to security clearance. Adverse decision affirmed.


Financial

07/10/1997

Applicant was delinquent on financial obligations totaling more than $21,000.00--on nine different accounts. When he was interviewed by the DIS one year prior to the hearing, he admitted the indebtedness and promised that he would begin making payments on each of the delinquent accounts. As of the date of the hearing, he did not have an explanation for why he had not yet made a single payment on any of the delinquent obligations. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

07/10/1997

His continued participation and completion of after care between March and June 1996, demonstrates even more favorable evidence that Applicant truly wants to put his drug use behind him. However, the period of recovery has not been long enough to justify complete confidence Applicant will not sink back into a pattern of drug use in the future. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/10/1997

Drug abuse ceasing 3 years ago, except for one-time relapse, wherein Applicant showed remorse and an intent to refrain from drug involvement in the future was mitigated; but deliberate falsification of drug history on a security clearance application and in a DIS interview in in the last 18 months was unmitigated. Clearance denied.


Financial; Criminal Conduct

07/09/1997

Administrative Judge's findings and conclusions are sustainable. No authority to establish or administer provisional security clearance with monitoring. Adverse decision affirmed.


Criminal Conduct; Financial

07/08/1997

Applicant's past criminal and financial conduct retains security significance as he will be on probation until 2001 for his 1985 conviction for continuing criminal enterprise and income tax evasion for which he was sentenced to 16 years in prison and served ten. Also, he does not have the money to pay the IRS for a large tax lien. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

07/08/1997

Applicant's letter from his supervisor about his job performance and the letters from Dr. B memorializing Applicant's opposition to drugs, weigh in Applicant's favor. However, Applicant's drug abuse between 1975 and April 1995, and the repeated falsifications of his drug use from 1984 to October 1996, call for the denial of Applicant's security clearance application. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/07/1997

Applicant's history of cocaine abuse and his deliberate falsification on three separate occasions provide rational basis for Judge's decision. Adverse decision affirmed.


Alcohol; Drugs; Personal Conduct

07/07/1997

Applicant's fifteen months of abstinence, together with his chemical dependency counselor's testimony that his prognosis for recovery is good, leads me to conclude that his alcohol and marijuana abuse will not recur. Clearance granted.


Personal Conduct; Criminal Conduct

07/03/1997

Applicant abused marijuana from the 1970s to 1983 and cocaine from 1984 to 1987, from December 1984 while he had a security clearance. He deliberately denied any drug involvement on a 1984 PSQ, falsely claimed on a 1996 SF 86 he had never used drugs while in possession of a clearance, and denied any drug use to an Agent during a DIS interview in August 1996. Clearance is denied.


Criminal Conduct; Personal Conduct

07/02/1997

Falsification of a security clearance application to conceal complete arrest record was unproven; felony robbery as well as a series of petty property crimes were unmitigated. Clearance is denied.


Security Violations

07/02/1997

Applicant created and released a document--containing classified information--to officials of Country A to prove his expertise in naval signal intelligence. While there was no evidence of other security violations, his one violation was serious. And there was insufficient evidence of other extenuating circumstances to mitigate Applicant's knowing and willful misconduct. Clearance denied.


Drugs

07/02/1997

Applicant's drug abuse was mitigated where he used drugs recreationally from 1977 to 1985 (and while having a clearance from 1980 to 1985) and less than 40 times from 1991 to April 1996 (when he did not have a clearance). He ceased drug use when he began a new job that would require a clearance. Clearance granted.


Drugs; Alcohol

06/30/1997

Alcohol, marijuana, and cocaine dependence diagnosed during a voluntary 21-day rehabilitation program, followed by a brief relapse, was mitigated by 6+ months of sobriety, continued attendance at both NA and AA meetings five or six times a week, very positive behavioral changes, and a supportive family structure; deviation from a mitigating standard was warranted. Clearance is granted.


Criminal Conduct

06/30/1997

With the positive evidence from his children about the positive, emotional support he provides them, and Applicant's documented rehabilitative efforts, Applicant has satisfactorily met his ultimate burden of persuasion under Criterion J. Clearance is granted.


Criminal Conduct

06/30/1997

Applicant's three episodes of bank fraud ceased in April 1991, and in the ensuing five years, his criminal conduct has not recurred. His December 1994 plea of guilty resulted in imprisonment, but because he rendered substantial assistance in the investigation and prosecution of others, his prison term was reduced. He continues to exhibit indications of rehabilitation: is making restitution; abiding by the standard conditions of probation supervision; and resumed his place in society and with his employer. Clearance is granted.


Personal Conduct; Criminal Conduct

06/27/1997

Deliberate falsification of drug history on two PSQs and in two DIS interviews in a three-year period was unmitigated. Clearance denied.


Foreign Preference

06/26/1997

Applicant held dual citizenship because of his birth in the U.S. to an American father and a mother who was a citizen of Country X. His wife was a citizen of the same country and an employee of that country's navy. Applicant had registered for military service and voted in Country X elections because these were legal requirements. Foreign preference mitigated by Applicant's professed allegiance to the United States, by his education and employment in this country, and by his statement that he would forfeit citizenship in Country X if required to do so. Clearance granted.


Drugs: Personal Conduct; Criminal Conduct

06/26/1997

Applicant's fourteen months of abstinence from marijuana is of too short duration to guarantee against future abuse given his quarter ounce weekly abuse from 1970 to mid-March 1996 and his continued association with individuals who use marijuana in his presence. His concealment of material facts about his marijuana abuse from his SF 86 is mitigated by his voluntary admissions during his DIS interview. Clearance is denied.


Alcohol; Drugs

06/20/1997

The Applicant has ceased the consumption of alcohol, and attends AA in support of his sobriety. His isolated involvement with marijuana occurred more than two years ago; and as such, is not of present security significance. Clearance Granted.


Financial

06/20/1997

Given the aggregate of her debts, which total more than $23,548 to 16 creditors, and the absence of any evidence showing contact with creditors to set up a repayment plan, contact with a credit service to consolidate debts and work out a payment plan, contact with a financial counselor for instruction on how to maintain control over debts and credit, Applicant's negligible evidence in rehabilitation is insufficient to overcome the Government's strong case under Criterion F. Clearance is denied.


Criminal Conduct

06/20/1997

Administrative Judge's findings on rehabilitation are not sustainable. Favorable decision remanded.


Drugs

06/18/1997

Applicant abused marijuana for the most part once every six months from 1982 to March 1996, cocaine ten times total from 1982/83 to March 1996, and experimented with LSD, peyote, psilocybin, and Valium prior to August 1993. He has been drug-free since working for a defense contractor and has no intent to use any drug in the future. Clearance is granted.


Alcohol

06/18/1997

Applicant's alcohol abuse was mitigated where Applicant's alcohol abuse had largely been confined to a brief period in 1994-1995 and had ended by April 1995. Clearance granted.


Sexual Behavior; Criminal Conduct; Personal Conduct

06/17/1997

Conviction based on Alford plea has collateral estoppel effect. Applicants cannot contend they did not engage in criminal acts for which they were convicted. Favorable decision reversed.


Drugs; Personal Conduct

06/16/1997

Applicant's drug abuse was not mitigated where recreational marijuana use occurred for twenty years, and record suggested he might continue to use drugs in the future. He falsified his drug abuse history on a security questionnaire in February 1995 and during a subject interview in July 1996. He disclosed his drug abuse history only when confronted with a second interview. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

06/06/1997

Applicant used marijuana, methamphetamine and cocaine from 1969 to 1973 and 1992 to December 1996 on a weekly to monthly basis. The Applicant also falsified four questionnaires and lied to three interviewers. Insufficient mitigation is shown. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

06/06/1997

Minimal illegal drug involvement in the distant past and abstention for nearly 2 years mitigated allegations of drug use and purchase; falsification of PSQs 8 and 3 years ago were unmitigated. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

06/06/1997

Weighing against the positive evidence is the evidence of three intentional falsifications of material information in May, June, and November 1995. In sum, Applicant has not met his ultimate burden of persuasion under Criterion E and Criterion J. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

06/05/1997

Applicant's drug abuse was not mitigated where recreational marijuana use occurred for twelve years while Applicant had a security clearance, and record suggested he might continue to use drugs in the future. He falsified his drug abuse history during a subject interview in June 1996. He disclosed his drug abuse history only when confronted with the prospect of a polygraph examination. Clearance denied.


Alcohol

06/05/1997

Fifteen years of heavy drinking, diagnoses of alcohol abuse as well as severe depression, one DUI, no rehabilitation, and current reduction of alcohol consumption to the level of "moderate" drinking was unmitigated by continuating superior performance at work. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

06/05/1997

Security clearance decision can be based on past conduct. Applicant's history of drug abuse and falsifications provide rational basis for Judge's decision. Adverse decision affirmed.


Drugs

06/05/1997

Administrative Judge's application of Adjudicative Guidelines not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

06/03/1997

Considering the entire record, particularly the inaction by Applicant for over five years, and the absence of any favorable character evidence, I conclude Applicant's efforts to take control of his financial profile have come very late and are insufficient to overcome the extensive evidence of financial problems since March 1991. Clearance is denied.


Alcohol

06/03/1997

Administrative Judge's findings and conclusions about Applicant's alcohol abuse are supported by record evidence and are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

05/31/1997

Applicant's history of excessive indebtedness caused by a series of unforeseen circumstances largely beyond his control; including a divorce and job lay-off, shows sufficient evidence of mitigation. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

05/30/1997

Applicant abused marijuana from 1978 to summer 1995 and cocaine from 1980/81 to December 1995 while he was in possession of a security clearance. He relapsed in December 1995 following three separate treatments for addiction to crack cocaine in 1995, and abused a prescription drug in August 1996 while he was active in AA. He was not candid about his drug abuse on his NAQ and during three separate DIS interviews. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/30/1997

Applicant had used marijuana occasionally from 1984 to 1995, and had used heroin (once) and cocaine (once) in 1984 or 1985. He had purchased and sold crack cocaine for profit from 1993 to 1996. He had lied about his drug involvement on his NAQ., and on two signed, sworn statements before eventually telling the truth incident to a third DIS interview. Clearance is denied.


Drugs

05/29/1997

Applicant's illegal drug involvement from 1983 until August 1996, has been mitigated by sufficient evidence of rehabilitation. Clearance is granted.


Drugs

05/28/1997

Use of marijuana 7-8 times over a 20-month period in college was mitigated, but Applicant's declared intent to never use marijuana again in response to peer pressure, once he realized his job was clearly at stake, was not reliable. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/23/1997

Administrative Judge's findings and conclusions about Applicant's history of drug abuse and multiple falsifications are supported by record evidence. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

05/20/1997

Applicant's theft of funds entrusted to him and his false denials of that theft provide a rational basis for the Judge's decision. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

05/19/1997

Applicant abused marijuana from 1969 to December 31, 1996 and cocaine from 1981 to 1989. While he has no plans to use marijuana, he admitted he would take a "hit" of marijuana if it was presented to him and he continues to associate with friends and relatives who use marijuana. Applicant was also not completely forthcoming about the extent of his cocaine and marijuana abuse on two NAQs executed in 1995 and in an April 1996 sworn statement. Clearance is denied.


Alcohol

05/19/1997

Applicant was arrested for aggravated assault with a dangerous weapon on November 27, 1995; he had consumed a quantity of alcohol before committing the assault. Applicant stopped consuming alcohol after this arrest. Previously, he had consumed alcohol for more than forty years, occasionally to the point of intoxication.. There were no other arrests in Applicant's background and the record did not include a definitive diagnosis of alcohol abuse or alcohol dependence. Clearance is granted.


Criminal Conduct; Sexual Behavior; Personal Conduct

05/19/1997

Considering the seriousness of Applicant's misconduct and his intentional attempts over the last three years to conceal the true facts of his illegal behavior, Applicant's positive evidence falls short of meeting his ultimate burden of persuasion under Criterion J, Criterion D and Criterion E. Clearance is denied.


Alcohol

05/16/1997

Board does not measure Judge's decision against standard of perfection. Judge responsible for weighing conflicting evidence. Judicial estoppel precludes party from taking inconsistent positions in same case. Favorable decision affirmed.


Criminal Conduct; Drugs

05/15/1997

The Applicant's past criminal conduct stemmed from dealing with problem neighbors and a problem son. He has since moved to a new neighborhood, and will no longer admit to his son's crimes as being his. In March of 1995, he knowingly took possession of his son's illegal drugs in order to prevent his son from going to prison. This knowing possession occurred more than two years ago; and as such, is not of present security significance. Clearance Granted.


Alcohol

05/15/1997

Applicant was involved in four alcohol-related incidents between 1989 and 1993, consisting of two spousal abuse incidents and two cases of driving under the influence. The last three incidents were directly related to the Applicant's disintegrating marriage, brought on by his wife's infidelity. Since his divorce in 1994, there have been no further alcohol related incidents. There is no current history of alcohol related problems. Adverse inference is rebutted. Clearance is granted.


Alcohol; Drugs

05/12/1997

Applicant continues to consume alcohol to excess despite his participation in five separate rehabilitation programs for treatment of medically diagnosed alcohol dependence. He has abused marijuana on occasion in the past, with his heaviest abuse in early 1996. He failed to demonstrate an intent not to continue that drug abuse in the future. Clearance is denied.


Financial

05/12/1997

Applicant was delinquent in obligations totaling approximately $10,000.00--mostly from financing her education with four different credit cards during the late 1980's. Because she did not earn much money between 1992 and 1995, she was unable to pay off these obligations. She began working in a better paying job in 1995 and is currently earning more than $40,000.00 per year. She has been making progress in paying off her debts. Clearance is granted.


Financial

05/12/1997

Having chosen to represent himself during proceedings below, Applicant cannot complain now that he was ineffective in representing himself. Judge's findings and conclusions about Applicant's history of financial problems are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

05/09/1997

Applicant presents with considerable history of intermittent marijuana use and ensuing falsification of use and possession conviction, enough to preclude his safely absolving himself of risks of recurrent use of illegal substances and candor lapses. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/09/1997

Applicant continued to use cocaine and marijuana to May 1996 while in possession of Secret clearance. He deliberately denied any drug use when interviewed by DIS on August 3, 1995 out of fear of loss of job and the clearance. Clearance is denied.


Alcohol; Criminal Conduct

05/09/1997

Applicant abused alcohol following completion of an inpatient rehabilitation program for treatment of alcohol dependence. His present ten months of sobriety is too recent to guarantee against future abuse given his relapse history. Clearance is denied.


Alcohol

05/07/1997

Applicant's alcohol abuse was not mitigated where Applicant's alcohol abuse had lasted nearly thirty years, had resulted in multiple unsuccessful rehabilitation attempts between 1982 and 1996. The limited evidence of rehabilitation was insufficient to establish that Applicant had obtained the tools necessary to maintain sobriety. Clearance denied.


Financial

05/07/1997

Applicant has delinquent obligations totaling more than $10,000.00. Most of the obligations had been incurred several years ago and Applicant has made minimal efforts to pay down the indebtedness in the past 12 months. Her only explanation was the loss of employment in 1990 as the result of an "unexpected" discharged from military service. Clearance is denied.


Personal Conduct; Criminal Conduct

05/07/1997

Having weighted the favorable character evidence on the job as well as away from the job, with the unfavorable evidence of repeated falsifications of material information since 1984, Applicant's evidence does not meet his ultimate burden under Criterion E and Criterion J. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

05/02/1997

Applicant used marijuana regularly from the mid-1970's to January 31, 1995, and his abuse of alcohol during the same time frame resulted in his being arrested four times in alcohol-related incidents. Applicant misrepresented the extent of his marijuana use on three security questionnaires and on one signed, sworn statement. Clearance denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

05/02/1997

Applicant's history of alcohol abuse and falsifications provide rational basis for Judge's decision. Adverse decision affirmed.


Drugs

05/01/1997

Administrative Judge not required to cite or discuss every piece of record evidence. Judge's decision not reviewed against standard of perfection. Harmless error does not warrant remand or reversal. Adverse decision affirmed.


Drugs

04/30/1997

Applicant's marijuana abuse, over a 10 year period ending in August 1996; his continued abuse even after his drug-related arrest and court-mandated probation; and the relatively brief period of current marijuana abstinence, commencing 8 months prior to the closing of the record; as well as the absence of drug treatment or rehabilitation, leave grave doubts as to his continued security eligibility. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

04/30/1997

Applicant's drug abuse was not mitigated where recreational marijuana use occurred for fifteen years while Applicant had a security clearance, and record suggested he might continue to use drugs in the future. He falsified his drug abuse history on a security questionnaires in March 1996 and during a subject interview in October 1996. He disclosed his drug abuse history only when confronted with the prospect of executing a sworn statement containing the falsifications. Clearance denied.


Drugs

04/30/1997

Applicant's regular marijuana abuse while in college ended with his graduation in May 1995; Applicant used marijuana twice more in 1995, and once in July 1996--after obtaining full time employment with a government contractor. However, Applicant does not intend to use drugs in the future, and recognizes the potential consequences for his clearance if he returns to drug abuse. Clearance granted.


Sexual Behavior; Criminal Conduct

04/30/1997

Applicant's 1995 sexual behavior and criminal sexual contact with a minor while grave, since he is still on probation, can be mitigated because of the very favorable prognosis of his therapist in his sex offenders program and her expert opinion that the pedophilia with his stepdaughter will not recur. Further, he has disclosed this conduct to his family, a neighbor and his employer who assure that there is no other evidence of questionable judgment and that his conduct will not serve as a basis for undue influence or coercion. Clearance granted.


Criminal Conduct; Personal Conduct

04/30/1997

Falsification of an NAQ to conceal an arrest and an employment discharge for stealing from the employer (as well as taking a landlady's property when abandoning the lease and leaving with rent unpaid) was unmitigated. Clearance is denied.


Personal Conduct

04/30/1997

Considering the exhibition of poor judgment between November 1994 and April 1996, coupled with the fact Applicant was 40 years old when the conduct began, and the absence of any supporting evidence in rehabilitation, it is too early to conclude with complete confidence that Applicant's conduct will not recur in the future. Clearance is denied.


Drugs

04/29/1997

Applicant's hashish abuse, over a 10 year period ending in 1990; and his marijuana abuse, over a 15 year period ending in June 1996; his changing position vis-a-vis substance abuse, referring to his previous declaration, as recently as October 1996, that he may continue to abuse marijuana in the future, as modified by his January 1997 statement that he would not use it in the future; and the relatively brief period of current marijuana abstinence, commencing 9 months prior to the closing of the record, as well as the absence of drug treatment or rehabilitation, leave grave doubts as to his continued security eligibility. Clearance is denied.


Alcohol

04/29/1997

Applicant's alcohol abuse was not mitigated where Applicant's alcohol abuse had covered nearly twenty years, and had resulted in four alcohol-related incidents in 1977, 1981, 1992, and 1995--the last three involving DWI arrests. Applicant's responses demonstrated little insight into the problems caused by alcohol abuse. Clearance denied.


Alcohol

04/29/1997

Applicant's alcohol abuse was not mitigated where Applicant's alcohol abuse had lasted nearly eighteen years, had resulted in four alcohol-related incidents outside of work as well as drinking on the job, and had recurred after two separate rehabilitation attempts in 1991 and 1995. The limited evidence of rehabilitation was insufficient to establish that Applicant had obtained the tools necessary to maintain sobriety. Clearance denied.


Alcohol; Personal Conduct

04/29/1997

Applicant's alcohol abuse was not mitigated where Applicant's alcohol abuse has lasted nearly thirty-three years, has resulted in four alcohol-related arrests in 1974, 1980, 1985, and 1996. Applicant has also consistently abuse his employer's sick leave policy since 1985, and has been formally warned on two occasions in 1992 and 1996. Record evidence fails to establish Applicant's continued eligibility for access to classified information. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

04/29/1997

Applicant's drug abuse can be mitigated as his LSD and mushroom use is dated; his marijuana use ended in May 1995 before he joined his employer and for the past eighteen months he was demonstrated he will not use drugs in the future. While he falsified his drug abuse history on a security questionnaire in August 1995, he subsequently revealed all drug use and purchases to a DIS investigator voluntarily and before being confronted; additional interviews developed no significant inconsistent information. Thus, his criminal conduct with respect to the NAQ is isolated and will not recur. Clearance granted.


Drugs; Personal Conduct

04/29/1997

Absence of security violations does not preclude adverse security clearance decision. Administrative Judge's findings and conclusions about Applicant's falsifications and drug abuse provide rational basis for decision. Adverse decision affirmed.


Criminal Conduct; Personal Conduct; Sexual Behavior

04/28/1997

A single sexual indiscretion, not amounting to a crime, with a 13-year-old girl over 5 years ago did not result from an emotional, mental, or personality disorder, but the concealment thereof from DIS agents investigating the Applicant's background for a security clearance was not extenuated and a pattern of dishonesty continues; flouting motor vehicle license suspension law for 7-8 years arises to the level of security significance. Clearance is denied.


Financial; Personal Conduct

04/28/1997

Applicant's November 1989 separation provided some explanation for her indebtedness, but did not explain her irresponsible handling of debts before November 1989, and did not explain her irresponsible handling of debts after 1990--especially when she became employed again in 1995. Applicant has twenty-three debts totaling $15,000.00: some she intends to pay, but has made no effort to do so; others she intends to include in a bankruptcy filing she has talked about for a year but done nothing. She has made no effort to contact her creditors and make arrangements to satisfy those debts which are within her present financial means. During two distinct periods in 1989-90 and late 1992, she falsified work records at her federal employer to gain payment for time not worked, a clear breach of her fiduciary duty. Record evidence does not establish sufficient extenuation, mitigation, or rehabilitation to sustain Applicant's eligibility for clearance. Clearance denied.


Financial

04/28/1997

Applicant has delinquent obligations totaling more than $25,000.00, including more than $18,000.00 in back taxes. Most of the obligations had been incurred several years ago and Applicant has made minimal efforts to pay down the indebtedness in the past 24 months. Clearance is denied.


Drugs

04/25/1997

It was to his credit that after abusing marijuana during the early 1980s, Applicant ceased doing so and abstained for 13 years. However, in August 1995, despite having previously vowed to refrain from any future marijuana abuse in 1982 and 1983, and after he had been granted security clearances, as early as 1983 and as recently as September 1994, the marijuana abuse resumed for some unexplained reason, and was accompanied by curiosity-driven experimental abuse of hashish, as well. The relatively brief period of current abstinence, commencing 12 months prior to the closing of the record, as well as the absence of drug treatment or rehabilitation, leave grave doubts as to his continued security eligibility. Clearance is denied.


Alcohol

04/24/1997

Applicant's lengthy period of alcohol abuse during which he routinely consumed large quantities of beer several nights each week; his two arrests for public drinking (while underage); his two arrests for DWI; his continued consumption of alcohol, in violation of court-mandated abstinence, and while attending AA, as well as after he had vowed to abstain; his refusal to accept the existence of an alcohol problem; and the apparent lack of rehabilitation, leave grave doubts as to his continued security eligibility. Clearance is denied.


Alcohol

04/24/1997

Applicant has used alcohol, occasionally to excess, from 1966 until at least April 1996. The Applicant is a binge drinker who drinks when under stress. In addition, the Applicant was involved in a serious drinking related incident in 1995. Applicant shows no understanding of the difficulties alcohol has caused for him. No mitigation is shown. Clearance is denied.


Criminal Conduct; Sexual Behavior

04/23/1997

Sexual battery against Applicant's 17-year-old quadriplegic, mute daughter 3 years ago, for which act he remains on supervised probation for ten years, was unmitigated due to lack of rehabilitative evidence. Clearance is denied.


Alcohol

04/22/1997

Applicant's history of excessive alcohol abuse resulting in eight alcohol related arrests and one non-judicial punishment for Drunk Driving have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Criminal Conduct

04/22/1997

Applicant had been arrested for six misdeameanor charges over a 20 year period. In addition he had assaulted his ex-spouse on one occasion for which he was not arrested. The most recent arrest had occurred more than five years ago and Applicant presented solid evidence of rehabilitation as well as being a business and community leader. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct

04/21/1997

The positive employment and family evidence is insufficient to outweigh the 19 years of marijuana abuse and the serious sexual misconduct which Applicant will be on probation for until September 1999. Clearance is denied.


Drugs

04/21/1997

Applicant's illegal drug involvement from November 1990 until July 1996 has not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

04/18/1997

Applicant's drug abuse was not mitigated where cocaine and marijuana use was extensive and recent, and record suggested he might continue to use drugs in the future. He falsified his drug abuse history on security questionnaires in May 1991 and March 1995 and in sworn statements in September 1995 and May 1996. He disclosed his drug abuse history only when confronted with the prospect of a third subject interview. Clearance denied.


Criminal Conduct; Personal Conduct

04/18/1997

Administrative Judge cannot deviate from plain language of Adjudication Policy without an adequate explanation. Judge did not err by considering character evidence or Applicant's cooperation with law enforcement authorities. Concept of nexus justifies adverse decision that advances some legitimate government interest. Favorable decision reversed.


Alcohol

04/17/1997

Applicant's history of alcohol abuse resulting in four arrests and convictions for Driving Under the Influence of Alcohol, have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Financial

04/17/1997

Applicant's 1992 divorce, vehicle accident, and loss of job provided some explanation for his indebtedness, but did not explain his irresponsible handling of debts before 1992, and did not explain his irresponsible handling of his debts after he became employed again in 1994. Applicant has ten debts totaling $16,000.00 he does not intend to pay, three small debts he intends to pay "sometime," and only one--reduced to judgment--that he intends to pay. Record evidence does not establish Applicant's eligibility for clearance. Clearance denied.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

04/15/1997

Given (1) Applicant's cocaine use from 1984 to January 1996 and his multiple falsifications of cocaine use (which also establishes criminal conduct), and (2) Applicant's history of excessive alcohol consumption since 1976, with little evidence of demonstrated recovery or control, Applicant has failed to meet his ultimate burden of persuasion under Criterion H, G, E, and J. Clearance is denied.


Alcohol

04/15/1997

Applicant with long history of alcohol abuse (including 3 DUIs within the past 10 years) and dependence diagnoses established too little time in sustained sobriety (about 10 months) to safely absorb all of the Government's current security concerns. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

04/15/1997

Applicant had abused marijuana with varying frequency --as often as weekly since 1980. He had used it most recently in June 1996. In an NAQ completed May 1995, he stated that he had stopped using marijuana in October 1993. Applicant also misrepresented the extent of his marijuana abuse during his first DIS interview in February 1996 when he stated that he had last used marijuana in January 1994. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

04/15/1997

The Applicant used marijuana over a period of eight years, but discontinued its use 15 months ago. This past drug involvement is not of present security significance. He was less than candid with the Government as to this drug abuse, however, on two separate occasions. This wilful falsification is in violation of 18 U.S.C. Section 1001. Clearance Denied.


Financial

04/14/1997

Administrative Judge did not abuse his discretion by refusing to consider posthearing submission. Absent harmful error, Applicant not entitled to have case remanded to reopen record for his benefit. Adverse decision affirmed.


Drugs

04/11/1997

The Applicant has used marijuana for the last 28 years, and avers that he will continue to use the drug. He avers that he has Glaucoma, but offers absolutely nothing to support this averment. Clearance Denied.


Security Violations

04/11/1997

During his tenure as a facility security manager from October 1990 to June 1994, Applicant failed to ensure that classified information entrusted to the facility was adequately safeguarded. He elected not to investigate, report or reprimand an employee under his cognizance who he knew had repeatedly left classified material unprotected from as early as June 1992. As a consequence of his inaction, serious security violations committed by this employee, to include repeatedly removing classified material from the facility, went undetected until April 1994. Clearance is denied.


Alcohol

04/10/1997

Applicant, a retired serviceman with 22 years active duty, had a history of abusing alcohol, but has never been arrested. He received in-patient treatment in 1985 and again in 1994, with seven years of abstinence in between. He has not consumed any alcohol since December 1995; he is currently attending AA regularly and is touch with other recovering alcoholics on the Internet. Clearance granted.


Alcohol

04/10/1997

Binge drinking continues after (a) inpatient treatment, in which alcohol dependence was diagnosed, (b) periodic AA attendance, and (c) an alcohol-related incident less than a year before closure of the record. Clearance is denied.


Drugs

04/10/1997

The Applicant was diagnosed as Amphetamine Dependent, and continued his drug abuse despite his treatment. As his last abuse was only 16 months ago, it is too soon to say it is not of present security significance. Clearance Denied.


Personal Conduct; Criminal Conduct; Information Technology

04/10/1997

Applicant had illegally copied copyrighted computer software from two different employers between 1990 and 1994. During the same time frame, he stole tickets to music events from another employer--a tickets sales company. For the latter misconduct, he was arrested and required to reimburse his former employer $3000.00. In his first stat to the DIS, he lied about copying the computer software from his first employer, and about the number of tickets he had stolen from the tickets sales company. Clearance denied.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

04/09/1997

Applicant's favorable character evidence from his ---------- manager and his statements about his positive activity in the church, has been thoroughly considered but is insufficient to overcome Applicant's drug abuse and his intentional falsifications, which also constitute criminal conduct. Clearance is denied.


Alcohol

04/07/1997

Alcohol dependence diagnosed after 3 DUI's was mitigated by 17 months of sobriety, continued attendance at meetings of a group similar to AA, behavioral changes, and a favorable prognosis from his alcohol counselor and a medical doctor. Clearance is granted.


Alcohol

04/07/1997

The Applicant abused alcohol for at least six years, resulting in two alcohol related convictions. Despite a court order from his second conviction to abstain from its consumption, he continued to consume the intoxicant. Clearance Denied.


Drugs

04/04/1997

The Applicant used marijuana, amphetamines and cocaine regularly from 1971 until approximately March 1992. Since 1992 he has had two slips and used cocaine in March and October 1995. Expresses credible intent not to use any drugs in the future. Is attending treatment, substantial mitigating evidence submitted. Adverse inference is rebutted. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

04/03/1997

Applicant's history of drug abuse and falsifications provide rational basis for Administrative Judge's decision. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

03/31/1997

Marijuana use for over 8 years until last two years found mitigated as well as related criminal activities (purchases, sales, distribution, trafficking across state lines, financing) that occurred over 14-month period seven years ago; deliberate falsification of PSQ and in DIS interview for fear that the adverse information would be learned by Applicant's parents was unmitigated although initial lying to his father had a measure of extenuation. Clearance denied.


Drugs

03/31/1997

Applicant had used marijuana weekly to monthly while in high school from 1977 to 1979, and had used it occasionally after high school, most recently in 1994 (once) and 1995 (twice) Once in 1981 and twice in 1984, Applicant made statements to DIS that he had stopped using marijuana and did not intend to use it in the future. Applicant's failure to abide by earlier promises not to use marijuana together with inconsistent statements about past marijuana use raised considerable doubts about his credibility and his resolve to abstain from marijuana in the future. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

03/31/1997

The metamorphosis between November 1995 and February 1996 fails to outweigh Applicant's serious cocaine abuse and wilfully dishonest and criminal conduct from December 1994 to April 1996. Clearance is denied.


Alcohol

03/28/1997

Considering (1) Applicant's ongoing treatment once a week for the past 17 months, and his intention to continue outpatient therapy in the future, (2) Applicant's frequent attendance in AA either five or six times a week for the past 17 months, (3) the strong network in support of Applicant's continued recovery, and (4) Applicant's success in incoporating the 12 Steps in his daily life, as well as the lives of others, Applicant has satisfied his burden of showing he qualifies for a security clearance. Clearance is granted.


Alcohol

03/27/1997

Applicant was convicted of driving while impaired in May 1994 and driving while intoxicated in August 1996. He has since attended individual counseling and group education sessions where he gained valuable insight into the dangers posed by alcohol. Abstinent since mid-October 1996, he has no intent to consume alcohol to intoxication in the future. Clearance is granted.


Financial

03/27/1997

Applicant is delinquent on obligations totaling more than $38,000.00. He has been making occasional monthly payments of $50.00 on a $27,000.00 obligation, and recently began making a monthly payment of $154.00 to a consumer counseling service for distribution to five creditors -- to whom he owes a total of $2106.00. He is not currently making payments on two debts totaling $6148.49. Applicant's current efforts are insufficient to mitigate the security concerns raised by his past indifference toward his obligations. Clearance denied.


Drugs

03/27/1997

Applicant's drug involvement included limited use of cocaine in 1986, LSD in 1987-88, and hashish in 1985 to 1988, but his marijuana use continued for ten years from 1985 to October 1995, even after he had worked for a defense contractor. However, he did not have a security clearance then; and after he realized the security significance, he decided not to use marijuana in the future. He has abstained for ten months, his recent use was infrequent, and he has now demonstrated his intent not to use in the future. He performs well on his job and has the confidence of his supervisors who judge that Applicant is trustworthy and responsible. Clearance granted.


Sexual Behavior

03/26/1997

Applicant's sexual harassment of female co-workers included sexually explicit grabbing and touching. Prior to being fired for several incidents of sexual harassment in August 1995, Applicant had been reprimanded for sexually harassing female co-workers on three previous occasions over ten year period. Insufficient time has passed since the most recent incidents, and insufficient evidence of rehabilitation to warrant conclusion that Applicant will not engage in similar behavior in the future. Clearance denied.


Criminal Conduct; Personal Conduct

03/26/1997

Administrative Judge did not err by admitting government exhibit into evidence over Applicant's objections. The rulings of federal courts on the legality and constitutionality of federal tax laws and IRS practices and procedures must be accepted and applied in DOHA proceedings. Adverse decision affirmed.


Drugs; Alcohol

03/25/1997

drug involvement, daily use of cocaine from 1994 to March 1996, cannot be mitigated as this use is too recent especially in light of her not being involved either in a rehabilitation or 12-step program. She similarly fails to meet the mitigation standards for her addictive alcohol abuse which was daily for four years as she has no favorable prognosis from a credentialed medical professional Clearance denied.


Criminal Conduct; Sexual Behavior

03/24/1997

Collateral estoppel precludes applicants from contending they did not engage in criminal acts for which they were convicted. Harmless error does not warrant remand. Applicant's criminal sexual misconduct with minor boy provides rational basis for Administrative Judge's decision. Adverse decision affirmed.


Alcohol

03/21/1997

Applicant's alcohol abuse ended in February 1996 and she had no alcohol-related incidents. So she now meets the mitigating conditions as she voluntarily sought treatment and in 1996 successfully completed it, made positive changes in her behavior to support her sobriety including daily AA, and has abstained from alcohol for 12 months with a favorable prognosis by her psychiatrist. Clearance granted.


Drugs

03/21/1997

Record evidence did not support conclusion that Applicant's single positive urinalysis for marijuana in October 1995 was the result of his knowing use of marijuana. Record evidence did not support conclusion that Applicant knowingly possessed illegal drugs in May 1975 or November 1978. Viewing evidence most favorably to Government, drug misconduct was not recent, was isolated and infrequent, and was accompanied by a demonstrated intent by Applicant to not use drugs in the future. Clearance granted.


Drugs

03/21/1997

The good performance reviews from Applicant's former and present supervisor, along with D's belief that Applicant will not use drugs in the future, persuasively convinces me Applicant is at no risk to resume drug abuse in the future. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

03/19/1997

Applicant's drug abuse was not mitigated where marijuana use was extensive and recent, and record suggested he might continue to use marijuana in the future. He falsified his drug abuse history on a security questionnaire in October 1995 and in a sworn statement in May 1996. He disclosed his drug abuse history only when confronted with the prospect of a second subject interview. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

03/19/1997

Applicant with history of marijuana abuse and recent conviction for possession, coupled with series of unmitigated omissions in his security questionnaires, does not satisfy minimum standards of trust and reliability requisite for holding a security clearance. Clearance is denied.


Criminal Conduct; Personal Conduct

03/19/1997

Applicant's criminal conduct which included two arrests, in 1990, and in 1992, were mitigated by sufficient evidence of rehabilitation and reform. Clearance is granted.


Criminal Conduct

03/19/1997

Applicant's arrest and conviction for Corporal Injury to a Child, a misdemeanor, which occurred over a year ago was mitigated by sufficient evidence of rehabilitation and reform. Clearance is granted.


Financial

03/19/1997

The Applicant suffered financial difficulties, due to a down turn in the real estate market in 1991, and the unexpected withdrawal of his financial backing. He has since filed a Chapter 7 bankruptcy petition as an aid in addressing these financial obligations; and as such, is no longer a security risk. Clearance Granted.


Alcohol

03/18/1997

Given Applicant's excessive alcohol consumption since at least 1990 (even though his excessive abuse occurred entirely on the weekend or during vacations), his intentional falsification of the true scope of his problem, and the guarded porgnosis from his treating doctor in April 1996, Applicant's complimentary character evidence from his coworker, and his wife, along with his own testimony, is not enough to satisfy his ultimate burden of persuasion under Criterion G. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

03/14/1997

The eleven falsifications seriously undermine Applicant's credibility because the falsehoods occurred repeatedly over a seven year period until October 1995 and involved the deliberate omission of material information designed to minimize Applicant's drug history to maximize his chances of obtaining a security clearance and/or protecting his job. Clearance is denied.


Criminal Conduct; Financial

03/13/1997

Applicant was killed in plane crash on March 5, 1997 before a decision had been issued on the merits. Case closed without further action.


Drugs; Personal Conduct; Criminal Conduct

03/13/1997

Applicant's illegal drug involvement, which includes his addiction to cocaine and methamphetamine, and his relapse just twenty months ago, have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Alcohol

03/11/1997

In view of Applicant's long history of excessive alcohol consumption, together with alcohol-related incidents both behind the wheel or on the job, and the fact there is still a warrant outstanding for Applicant's arrest from January 1995, Applicant's evidence fails to show he has the necessary qualifications to safeguard classified information. Clearance is denied.


Drugs; Personal Conduct

03/11/1997

Polysubstance abuser for over 25 years with related criminal activities (purchases, sales, and theft to support habit) received medical treatment for diagnosed addiction in 1973 and in 1976, followed by resumption of abuse; last use was two years ago when he received 3 weeks inpatient treatment followed by outpatient treatment and frequent regular NA attendance; period of abstinence judged not lengthy enough. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

03/06/1997

Administrative Judge's findings about Applicant's falsifications are sustainable. Judge not required to apply mitigating factors to explanations made by Applicant when Judge found those explanations to be not credible. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

02/28/1997

Applicant's history of illegal drug use and his falsification of two security clearance applications and a sworn statement concerning his illegal drug use have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

02/28/1997

In view of Applicant's long history of drug use, including his drug use for about 11 years after he was granted a security clearance in 1983, and his intentional falsifications of his drug purchase and use, Applicant has failed to demonstrate he warrants a security clearance to safeguard classified information. Clearance is denied.


Criminal Conduct

02/27/1997

Applicant's repeated criminal conduct of battery in 1983 and again against his former wife in 1992, 1993, and 1995, while serious, can be mitigated as this conduct resulted from the pressures of that relationship and are not likely to recur as he is now divorced and under care of a psychiatrist whose expert opinion that he is rehabilitated is not contradicted. While he was charged in 1995 with threatening a judicial officer in his divorce proceedings, Applicant denied making a real threat; the state placed the charge on the stet docket, ultimately entered a nolle prosequi and expunged the charge. Clearance granted.


Sexual Behavior; Alcohol

02/27/1997

There is insufficient record evidence to support Administrative Judge's finding that Applicant intends to continue monthly counseling. Judge's application of Adjudicative Guidelines was flawed. Favorable decision reversed.


Drugs; Alcohol; Personal Conduct; Criminal Conduct; Financial

02/26/1997

Applicant entered a rehabilitation program in January 1995 for treatment of alcohol and opioid dependence from which he was administratively discharged for failure to attend required sessions. He abused cocaine and Percodan as recently as June 1996 and continued to consume alcohol to January 1997. Applicant did not reveal his recent drug involvement on a NAQ or during his initial DIS interview and he willfully did not file his federal income tax returns for 1994 and 1995 because he did not want the state to take his tax refunds for unpaid child support totaling some $24,571.00. Clearance is denied.


Alcohol

02/26/1997

Subsequent to being treated for alcohol abuse in 1989, Applicant was arrested for drunk in public in 1990 and for DWI in May 1996. Since November 14, 1996, he has attended Alcoholics Anonymous twice per week and maintained abstinence. He intends to remain alcohol-free in the future with the assistance of AA.


Drugs

02/26/1997

Applicant abused cocaine to the point of medically diagnosed dependence from 1981 to April 1995. He successfully completed a drug abuse rehabilitation program in April 1995 and has since attended Alcoholics Anonymous/Cocaine Anonymous meetings daily. An active participant, he goes on commitments twice per week speaking to others in recovery. Clearance is granted.


Drugs

02/25/1997

The Applicant abused drugs for nearly 30 years; and it ended only 18 months ago, with his addiction to both cocaine and marijuana. It is too soon to say that his fairly recent dependency is not of present security significance. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

02/25/1997

Applicant had smoked marijuana daily from 1988 to June 1995, monthly from June to October 1995, and had then smoked marijuana again on three occasions in the April-May time frame of 1996. She denied all marijuana use in her NAQ signed September 1995, and denied the full extent of her marijuana use--to include her use during April and May of 1996--during her first two DIS interviews in late May 1996. Clearance denied.


Financial

02/25/1997

Without any documentation indicating or even suggesting efforts to repay or otherwise resolve her debts through counseling assistance or bankruptcy, the chances are Applicant's present financial problems will persist in the future. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct; Information Technology

02/25/1997

Given (1) Applicant's termination from a previous employer in 1994 for violation of his employer's rules, (2) his pattern of falsifications over a five year period ending in November 1995, and (3) his serious criminal conduct which has him still on probation until 1998, Applicant's negative drug tests and the favorable information from the branch manager are insufficient to carry his ultimate burden of persuasion under Criterion M, Criterion J, and Criterion E. Clearance is denied.


Drugs

02/24/1997

Adjudicative Guidelines do not allow for piecemeal analysis of Applicant's drug abuse history. Credibility determinations entitled to deference on appeal. Favorable decision remanded with instructions.


Criminal Conduct; Sexual Behavior

02/21/1997

Collateral estoppel precludes Applicant from contending he did not engage in criminal acts for which he was convicted. Administrative Judge's application of Adjudication Policy factors was not sustainable. Item 22 of Additional Procedural Guidance does not apply to Certified Results of Interview containing agent's summary of interview of Applicant. Favorable decision reversed.


Criminal Conduct

02/19/1997

Even though there remains an added motivation to stay on the right side of the law until 2006, I strongly believe nine years of incarceration and the evidence of rehabilitation, particularly Applicant's efforts to continue his education both in and out of prison, reinforces the ultimate conclusion Applicant's past, which ended almost 19 years ago, will not recur in the future.


Alcohol

02/18/1997

Although Applicant has consumed alcohol to excess in the past, his recent behavior reflects a responsible lifestyle and positive changes supportive of sobriety. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

02/14/1997

In view of the recency and extent of (1) applicant's marijuana and amphetamine abuse and (2) intentional falsifications of material facts, I cannot conclude at the present time that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.


Alcohol

02/14/1997

Given (1) the two alcohol-related incidents in 1992 and 1993, (2) his failure to obtain an assessment and therapy, and (3) the lack of credible and independent evidence demonstrating measures to responsibly address his alcohol abuse, Applicant's uncorroborated testimony is not sufficient to satisfy his ultimate burden of demonstrating he will not engage in excessive alcohol consumption or alcohol-related incidents in the future. Clearance is denied.


Criminal Conduct; Personal Conduct

02/13/1997

However, Applicant's favorable character evidence does not outweigh his intentional falsifications of his security form (GE #1) in January 1995 and his sworn statement (GE #2) of September 1995. Clearance is denied.


Drugs; Alcohol; Criminal Conduct

02/12/1997

Applicant used marijuana, crystal methamphetamine and crank from 1979 until December 1994. She had a serious alcohol abuse problem in the 1980s, but does not have one now. She was also convicted for misdemeanor Child Abuse in 1993. The drug use is found against the Applicant. Insufficient mitigation is shown. Clearance is denied.


Criminal Conduct; Sexual Behavior

02/11/1997

Applicant's favorable credibility and the absence of any similar conduct in approximately 3 years; as well as the absence of negative information from his three supervisors concerning his work performance, satisfies Applicant's ultimate burden of demonstrating his suitability for access to classified information.


Financial; Criminal Conduct

02/10/1997

Considering Applicant's financial problems caused by the worthless check and continuing financial problems following his discharge from bankruptcy in June 1995, and the criminal consequences of Applicant's writing the worthless check, together with Applicant's failure to file tax returns for 1992 and 1993, and the lack of independent evidence demonstrating a good-faith effort to satisfy all debts in a timely manner, Applicant's evidence in mitigation and rehabilitation falls short of establishing his ultimate burden of persuasion under the specific mitigating factors and the general policy factors. Clearance is denied.


Financial

02/07/1997

Applicant's history of financial difficulties provides rational basis for Administrative Judge's findings and conclusions. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

02/04/1997

Applicant's criminal conduct of 1987, which he intentionally concealed for almost 9 years in three official Government investigations, places a heavy cloud over Applicant's overall judgment and reliability. His more recent poor judgment in failing to file tax returns supports a conclusion Applicant does not warrant security clearance access. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

02/03/1997

Record evidence supports Administrative Judge's findings about Applicant's falsifications in February 1995 and September 1995. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

01/31/1997

Applicant's pro se status does not relieve him of consequences of his decision to waive a hearing. Information is material if it is relevant to a security clearance investigation. Applicant's falsifications provide rational basis for Judge's findings and conclusions. Burden of proof in DOHA proceedings is less than that in criminal trial and does not require "conclusive evidence." Adverse decision affirmed.


Drugs

01/30/1997

Given the Applicant's long history of drug use between 1980 and 1995, and the absence of supporting evidence in mitigation and extenuation, Applicant's character evidence is insufficient to overcome the Government's case under Criterion H. Clearance is denied.


Drugs

01/28/1997

Applicant was convicted of five counts of selling amphetamine and cocaine to undercover police officers in 1989 (she had become addicted to amphetamines after she began taking them to lose weight). She was sentenced to twenty years in prison, but was paroled after one year. Her probation was revoked in February 1993 and she served another 60 days in prison after she tested positive for amphetamines. Applicant's drug abuse is mitigated but her involvement in drug trafficking for at least three years--prior to her arrest--is serious criminal conduct which cannot not be mitigated in view of her recent probation infraction. Consideration was also given to the fact that Applicant will be on supervised probation for another four years. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

01/28/1997

drug involvement, including use and purchase of marijuana from 1989 to May 1996, cannot be mitigated as his use is recent and continued even after a NAQ promise not to use drugs again. His questionable personal conduct is another basis to deny: he understated his drug use and denied purchase of drugs on his NAQ and initially to a DIS agent. Also, generating these knowing and willful falsifications is criminal conduct. Clearance denied.


Criminal Conduct; Personal Conduct

01/28/1997

Applicant's failure to timely file income tax returns for tax years 1992, 1993, and 1994 was mitigated by extenuating circumstances, complicated bankruptcy and tax issues which were transitory, and which are now resolved. All income tax returns have now been filed. Clearance is granted.


Alcohol

01/27/1997

Applicant has been diagnosed as alcohol dependent, has excessively consumed alcohol for over two decades, and has been sober for less that one year. Considering he recency, duration, and extent of his alcohol abuse, it cannot be safely concluded that his excessive alcohol consumption is a thing of the past. Clearance is denied.


Alcohol

01/27/1997

Applicant continues to drink alcohol, on at least one occasion to excess, despite completion of four inpatient alcohol rehabilitation programs. Clearance denied.


Alcohol

01/27/1997

Applicant's positive character evidence, including his top performance evaluations from his coworkers and supervisors, and his 15 months of abstinence with strong ties to AA, has been carefully considered but is insufficient to meet his ultimate burden of persuasion, given his long history of alcohol abuse and alcohol-related incidents. Clearance is denied.


Alcohol; Drugs

01/24/1997

Considering the seven alcohol and drug-related offenses between 1985 and 1994, the lack of a strong commitment to AA and a strong network of support in recovery, Applicant's character evidence falls short of carrying his ultimate burden of persuasion in demonstrating he warrants access to classified information. Clearance is denied.


Drugs; Personal Conduct

01/22/1997

Given Applicant's drug use for about 9 years, his repeated efforts to hide his history from the Government until December 1995, and his continued drug use after receiving a security clearance, Applicant's negligible evidence in mitigation and extenuation is insufficient to warrant access to classified information. Clearance is denied.


Criminal Conduct

01/21/1997

Considering (1) the 7 year pattern of criminal conduct, (2) Applicant's knowledge of his obligation to file returns and intentional failure to file, and (3) the absence of rehabilitation, the unavoidable conclusion is that Applicant may deliberately avoid his tax obligations in the future. Clearance is denied.


Drugs; Personal Conduct

01/20/1997

In view of (1) the recency and extent of applicant's marijuana use, and (2) his previous inability to follow through with his stated intention to abstain from its use, I cannot conclude that his use of marijuana will not recur. Clearance denied.


Criminal Conduct

01/17/1997

Applicant had not filed his state income tax return for 11 years. Earlier, he had told the DIS in signed, sworn statement that he would be contacting the state department of taxation and that he would then begin making payments. There was no evidence that he had done anything after making the statement to the DIS to file his state tax returns and bring himself into compliance. Clearance denied.


Personal Conduct

01/17/1997

Considering (1) Applicant's repeated falsifications from November 1988 to July 1995 of material information about his financial problems and drug purchase and use, (2) his continued drug use after receiving a clearance in May 1989, and (3) his present adamant attitude indicating a refusal to repay, Applicant has failed to meet his ultimate burden of showing he warrants access to classified information. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

01/15/1997

After testing positive for marijuana and alcohol in a test administered by his employer, Applicant stated in sworn statement that he had used marijuana only once in his life. He denied that he had used marijuana at any time proximate to the test. Applicant subsequently admitted that he had used marijuana regularly while in college--twelve years earlier--and that he had used it on the weekend preceding the test. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

01/15/1997

Although Applicant had used drugs after being granted a clearance in 1983, and had falsified his drug abuse history in January 1996, record reflected that Applicant's drug abuse was not extensive, ended in December 1995, and was not likely to recur. Although Applicant had disclosed his drug abuse history only when confronted with the prospect of a polygraph examination, record reflected Applicant was unlikely to repeat his falsification. Clearance granted.


Criminal Conduct

01/14/1997

Applicant's three episodes of bank fraud ceased in April 1991, and in the ensuing five years, his criminal conduct has not recurred. His December 1994 plea of guilty resulted in imprisonment, but because he rendered substantial assistance in the investigation and prosecution of others, his prison term was reduced. He continues to exhibit indications of full rehabilitation: has admitted his crimes; is making restitution; abiding by the standard conditions of probation supervision; resumed his place in society and with his employer; and is making continuing contributions to the national security. Clearance is granted.


Alcohol

01/14/1997

Applicant's alcohol abuse was mitigated where Applicant's alcohol-related incidents were relatively minor, had occurred while Applicant was in college and graduate school, and had not recurred since September 1994. Applicant had entered the working environment and made positive changes in his drinking habits. Clearance granted.


Drugs; Personal Conduct; Criminal Conduct

01/14/1997

Applicant's drug abuse was not mitigated where marijuana use was extensive and recent, and Applicant had stated he might continue to use marijuana in the future. He falsified his drug abuse history and arrest record on an security questionnaire in April 1995 and in a sworn statement in December 1995. He disclosed his drug abuse history only when confronted with the prospect of a polygraph examination. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

01/14/1997

Applicant abused marijuana on a daily basis and used cocaine, heroin and mescaline experimentally from 1982 to May 1985. He resumed his illegal drug use in late 1992 and used hashish for the most part daily from January 1993 to July 1995. Applicant misrepresented his illegal drug abuse on three security clearance application forms and during four different interviews from June 1986 to January 1996. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

01/14/1997

Applicant had sufficient notice of the seriousness of these proceedings and his right to request a hearing. Applicant had reasonable opportunity to present information during proceedings below. Applicant's history of marijuana use and falsifications provide rational basis for Judge's decision. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

01/10/1997

Applicant's history of marijuana use and falsifications provide rational basis for Administrative Judge's decision. Harmless errors by Judge do not warrant remand or reversal. Adverse decision affirmed.


Financial

01/07/1997

The Applicant was seriously delinquent on his debts. As of the close of the hearing, he had disposed of approximately half of his non-student loan debt. He had also made payment arrangements with his creditors to pay the rest of his debt, including the student loans. Sufficient mitigation is shown. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

01/03/1997

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


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