INDUSTRIAL SECURITY CLEARANCE DECISIONS

A poly-substance abuser from high school until December 1992, Applicant used marijuana twice daily from 1991 to December 1992 when he was detained by customs officials on suspicion of having drugs in his luggage. Applicant continued to use marijuana thereafter, albeit at reduced frequency, to July 1998. While he has no intent to use drugs in the future, the duration and extent of his drug abuse preclude an affirmative finding. Clearance is denied.

Applicant's history of alcohol abuse from1970 until February 1998, which includes five arrests for DUI, and a diagnosis of alcohol dependence, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

While the Government established its case with regard to its security concerns over Applicant's drug involvement (Applicant has a history of intermittent marijuana use from 1987 to February 1998 with one time use of LSD in 1989), Applicant has validated his case in mitigation as his drug involvement was intermittent and not recent. He has now demonstrated his intent not to abuse any drugs in the future and understands the security importance of abstaining from any illegal drug use. Clearance is granted.

Applicant's experimentation with marijuana, over a four year period, especially that which occurred in July 1998, after he had completed his Questionnaire For National Security Positions in March 1998; his changing position vis-a-vis continued substance abuse; and his very brief period of current abstinence (only 3 months), leave grave doubts as to his security eligibility. Clearance is denied.

Possession of a foreign passport by a naturalized U.S. citizen without use after naturalization and residence of three siblings in his former country who themselves remain nationals of that country held insufficient under all the facts to constitute more than minimal present security significance. Clearance is granted.

Applicant's three decades of alcohol abuse, interrupted by periods of abstinence; his continued consumption of alcohol even after having completed, or at least participated in, three alcohol treatment and rehabilitation programs; the negative impact alcohol had on his work, health, and marriage; his most recent acknowledged incident of intoxication during the Spring of 1998; along with little positive evidence of rehabilitation, raise grave questions and doubts as to his security eligibility. Clearance is denied.

Applicant's illegal drug use, from 1967 to 1969, and one time in 1997, and one time in 1998, has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.

As long as applicant continues to receive psychiatric care, it is highly unlikely she will abuse alcohol again. Since she understands her need for ongoing psychiatric care, and is committed to receiving that care, I conclude that her abuse of alcohol is unlikely to recur. Clearance granted.

The Applicant has initiated a good-faith effort to settle with the IRS, and to pay his past due indebtedness. Clearance Granted.

Applicant's history of financial mismanagement began at least 15 years ago and includes five incidents where she was cited for writing bad checks. She is currently delinquent on accounts totaling $17,000.00 In answer to the SOR, she stated she had begun making $5.00 monthly payments on her delinquent accounts. Because she proffered no evidence to support her statement, and had on three previous occasions promised to begin making small payments on these accounts, but never did, her recent statement is not credible. Clearance is denied.

The Applicant was convicted in Federal Court for a violation of 18 U.S.C. 1001. She also falsified her Security Clearance Application, another violation of 18 U.S.C. 1001. Clearance Denied.

Nineteen year old Applicant had used marijuana regularly from age 15 to age 18, and had used LSD monthly from age 16 to age 18. Fourteen months before the SOR was issued he received inpatient treatment for possible substance-induced psychotic disorder and polysubstance dependence. When he completed his security questionnaire in February 1998, he admitted using marijuana for two years, but denied using LSD and denied having consulted a mental health professional for a mental health related condition. Clearance is denied.

The Applicant was less than candid as to all but one of his many arrests on an NAQ and in a sworn statement. This lack of candor violates 18 U.S.C Section 1001. Clearance Denied.

Applicant has been arrested twice for DUI, twice for public intoxication, and has two citations for open container violation. He continues to drink to intoxication on a monthly basis. Clearance is denied.

Applicant, after living in a foreign country with his family for twenty-two years, became a citizen there in 1993 when there no longer were legal barriers to dual citizenship. He used his foreign passport only once when returning to that country from a business trip as he always preferred his U.S. citizenship and passport . He returned to the U.S. in 1995 and is now willing to renounce his foreign citizenship to retain his job. While his own family all have dual citizenship and his wife and her family are citizens of this other country, they are not linked in any way to the foreign government. Applicant is not subject to duress or coercion. Clearance is granted.

In addition to abusing marijuana in 1993, Applicant misused a variety of non-prescription medications for their intoxicating or stimulating effects. Since 1991 he has used cough medications as a substitute for alcohol. He intends to continue to use over-the-counter cough medications "to get high." In summer 1997, he used a tryptamine hallucinogen twice and traded the remainder for pirated computer software. On ten other occasions, he loaded on his personal computer software which was obtained illegally by his friends and/or which Applicant took from his employer without authorization. If the occasion arises in the future, he would load illegally obtained software on his personal computer. Clearance is denied.

Applicant's dual citizenship, including affirmative acts in exercise of her foreign citizenship, (such as a valid passport, a driver's license and bank accounts), with no showing of a clear preference for the United States over country A; and foreign influence from close family and friends has not been mitigated. Clearance is denied.

Due to excessive spending, poor money management and inadequate tax withholdings, Applicant incurred financial delinquencies after he had $42,327 in debt discharged in bankruptcy in 1982. He currently owes about $53,000 in delinquent debt and his residence is in foreclosure due to non-payment of his mortgage. While he intends to file for bankruptcy, he has not demonstrated reform of his financial habits. Clearance is denied.

Applicant's thirty-six year history of alcohol abuse, evidenced by a 1991 arrest for Driving Under the Influence, and a 1995 diagnosis of alcoholism with continued drinking, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

After a four DWI's and excessive drinking in the 1995-97 period, Applicant voluntarily entered a treatment program in September 1997 and became committed to abstinence from alcohol. He subsequently completed the program successfully and now attends court-ordered weekly AA sessions. His voluntary actions to change mitigate his past lack of responsibility with respect to his two-year episodic drinking and repeated DUIs. Clearance is granted.

Applicant failed to list arrests and illegal drug usage on his SF 86. He failed to tell the DSS agents the full extent of his illegal drug usage. He received two tickets for possession of marijuana and had two non-drug related arrests. Due to youth, immaturity, and the age of the arrests -- clearance is granted.

Applicant has a history of intermittent abuse of marijuana and drug-related arrests from 1989 to January 1996 which can be now mitigated as he has over two years of abstinence (documented by a negative drug screen in November 1997) and has demonstrated his resolve to avoid drugs in the future. On the other hand he showed questionable personal conduct in omitting significant portions of his past drug use and past arrests on his security form. While his defense that he believed the security form only covered the past seven years is credible, he has no credible defense as to why he did not tell the truth to the DSS agent in the initial interview in March 1998 when she questioned him about his past ten year history. He never took the initiative to call DSS and correct his false answers before she uncovered his extensive drug-related arrests in 1990, 1992, and 1996 through her investigative efforts and confronted him in a second interview. His false answers to the agent in an interview, where no 18 U.S.C. Section 1001 warning is documented, does not constitute criminal conduct. Clearance denied.

Throughout most of his adult life and continuing to present, Applicant has consumed beer on weekends, in quantity of six to twelve beers per occasion. Convicted of DUI in 1992, he passed out from alcohol in March 1997 and was found in the street by the police, he consumed to blackout at least once in 1997 and was terminated from his employ in June 1997 after he reported for work under the influence. Applicant did not report either his 1992 DUI or his March 1997 public intoxication offenses on his security clearance application and he continues to deny that he reported for work under the influence of alcohol in June 1997. Clearance is denied.

Applicant has a history of alcohol abuse and has been diagnosed as alcohol dependent and suffering from chronic alcoholism. Drinking preceeded three suicide attempts in 1994. Applicant disagrees with the diagnoses and believes she suffers from depression, which she has been able to control since 1997. Clearance is denied.

The Applicant has paid off some debt, arranged to payment on other debts, and has contacted other creditors but they have not responded to his letters. Current financial situation is stable. Adverse inference is overcome. Clearance granted.

Applicant's wilful failure to file his State and Federal income tax returns for tax years 1993 through 1997, without reasonable excuse, and his failure to pay his back tax liability have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's history of excessive indebtedness, with no good faith effort to handle his financial affairs, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Although Applicant's financial difficulties were caused in part by Applicant's divorce--and his spouses financial irresponsibility in handling the family finances--his financial irresponsibility in not either following the advice of credit counselors or taking action to resolve the debts casts doubt on his fitness for access to classified information. Clearance denied.

Applicant supplied false information to his employer by claiming exemptions to which he was not entitled so that less tax would be withheld from his paycheck between 1992 and June 1998. He willfully failed to timely file his federal or state income tax returns for 1996 and 1997 because he did not have the funds to pay his taxes. His belated filings in July 1998 are too recent to conclude he is successfully rehabilitated. Clearance is denied.

Although the Applicant is indebted on 16 accounts, she has made no arrangements to pay these accounts. Applicant provided false answers concerning her finances on her SF86 and failed to provide a release to allow the DSS to question two of the debtors. Clearance is denied.

Applicant is 39. He failed to timely file state and federal income tax returns on 14 occasions between 1987 and 1997, and has not yet done so. He also incurred tax liability and consumer debt, still unpaid to the IRS and other creditors, exceeding $13,000. Applicant has not provide any evidence in mitigation or extenuation. Clearance denied.

Applicant's history of criminal conduct, which includes insurance fraud and embezzlement has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant has a twenty-year history of abuse of marijuana and a drug-related arrest in 1995 which were not revealed to the government either on security forms or DIS interviews until April 1998 when he revealed the full-extent of his adverse history. His drug abuse and purchases which stopped in July 1996 can now be mitigated as he has over two years of abstinence (documented by a negative drug screen in October 1998). Also, he has demonstrated his resolve to avoid drugs in the future by his recent commitment to attend NA. On the other hand he showed questionable personal conduct in leaving out significant relevant and material portions of his past drug abuse and past arrests on his security forms in 1990 and in 1997 and in continuing to use marijuana while he had security clearances. He did not keep a 1991 promise he made to abstain from marijuana but continued to abuse it until 1996. He has no credible defense as to why he did not tell the truth on his security forms or to the DIS agents in interviews. Clearance denied.

Applicant owes eight creditors in excess of $6,000.00 for debts which became delinquent over the 1992/93 time frame. Current on his present expenses, he has no intent to satisfy these old debts. Convicted in March 1995 of drunk driving, a warrant was issued for Applicant's arrest in July 1995 for failure to comply with the terms of his sentence. As of October 1998, Applicant had contacted an attorney to resolve the matter but he had not yet paid his $630.00 fine or attended a court-ordered alcohol program. Clearance is denied due to his demonstrated disregard of his financial obligations and court orders.

When Applicant was born in country his father was a U.S. citizen. He has dual citizenship. He spent first 29 years in country X and last 3 years in U.S. He expressed no preference of one country over the other. His immediate family still lives in country X. Found no preference for country X over the U.S. Found family living in country X not to be an undue foreign influence on Applicant. Clearance is granted.

Applicant is 39. He was arrested for petty theft in 1986, 1987, and 1983. He was arrested for possession of illegal drugs in 1996. He used and purchased methamphetamine from 1986 to 1996, and was under the influence of methamphetamine at the time of his 1996 arrest. He lied about his arrests in his security clearance application and declined to discuss his criminal activity with DSS because it was "stupid." No evidence of mitigation or rehabilitation was provided. Clearance denied.

Applicant's illegal drug use, from 1984 until June 1997, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant issued 94 insufficient funds checks in 1994 for which he was ordered to pay restitution and placed on two years probation. He passed another bad check in late 1996 and was again convicted of theft by check. He was not completely forthcoming about the extent of his legal, financial and alcohol-related difficulties on his SF 86. In January 1998, he was arrested on outstanding traffic warrants and for driving while license was suspended for a 1996 DWI offense. His criminal and personal conduct remain of concern but his efforts to control his drinking, to include abstinence and daily AA, warrant a favorable outcome as to his alcohol consumption. Clearance is denied.

Applicant used cocaine to the point of addiction from 1988 until September 1997. During this period he also used alcohol to excess. Applicant falsified a questionnaire in 1996 concerning his extensive drug use. Adverse inference is not overcome. Clearance is denied.

Applicant has a history of drug abuse from 1990 to February 1998. While some of his experimental use in college, can be mitigated (mushrooms, LSD, and speed), his regular (as well as sales of marijuana) in college and then intermittent use of marijuana and intermittent use of cocaine continued beyond college and even after he knew of the security significance of drug use as he completed his security forms in October 1997. This drug use to February 1998 is too recent to be mitigated despite his new and commendable resolve to avoid drugs in the future. Clearance denied.

Applicant with long history of delinquent debts utilizes CCCS debt consolidation to address his debts, but the plan is still too recent and indefinite as to approving creditors to absolve Applicant of risks of recurrent debt problems. Clearance is denied.

For over ten years Applicant sexually abused his daughters and pled guilty in 1996 to sexual assault on a child and sexual assault in the third degree and was granted a deferred sentence with four years of probation and mandated treatment for his sexual offenses. While his treating psychologist, an expert in treating sex offenders, assesses Applicant as having made significant progress in his treatment, nevertheless this expert estimates that Applicant's probation will be extended beyond the four years to five or five and a half years which would mean he would be on probation until 2001. Clearance is denied.

The Applicant has used cocaine and methamphetamine daily to weekly from 1986 until March 1997. He relapsed once in September 1997. Currently in treatment. Insufficient time has passed. Adverse inference has not been overcome. Clearance is denied.

After a binge drinking episode, Applicant in November 1997 voluntarily entered an intensive outpatient treatment program and became committed to abstinence from alcohol. He subsequently completed the program successfully and has attended AA for over eleven months and has an AA sponsor to help him maintain his sobriety. Three alcohol treatment experts who have assessed him with alcohol withdrawal and dependency now give him very favorable prognoses, and he has the endorsement and support of his family and long-time employer. While he had a recent slip on an overseas business trip, when he decided protocol required him to make a toast at an official function, that action does not eradicate the demonstrated year-long positive changes in his behavior, including his commitment to sobriety. His voluntary actions to change mitigate his past lack of responsibility with respect to his two-year episode of intermittent binge drinking. Clearance is granted.

Applicant abused marijuana from 1972 to January 1997, with the exception of a two year period from 1986 to 1988 when he resided overseas. He also used amphetamines to study while in college from 1974 to 1978. Granted access to classified information for the first time in August 1978, he continued to use marijuana while in possession of a security clearance. Faced with the potential loss of his security clearance, he recently resolved not to use marijuana in the future, yet admitted that if his security clearance was not at issue, he might use marijuana occasionally. Applicant denied any illegal drug use on his applications for security clearance, to include an SF 86 completed in March 1998. While he was candid with a DSS Agent during an April 1998 interview, his effort to correct the record is belated as well as too recent to overcome his deliberate falsifications. Clearance is denied.

Applicant was arrested three times for driving while intoxicated-- 1983, 1996, 1997. In 1991, he completed a 30-day inpatient treatment program and two 12 week court ordered programs following his 1996 and 1997 convictions. He was diagnosed with alcohol abuse and as alcohol dependent. His last drink was more than 13 months ago and he is active in AA, but does not have a favorable prognosis or evidence of having recently completed an alcohol rehabilitation program. Clearance is denied.

Applicant had an aggravated assault incident in 1997 and two DUIs, in 1989 & 1994, that were linked to an alcohol problem. Adjudication was withheld on his criminal charge and he was placed on community supervision for six years; however, he has not met all of the court and other required costs and successfully completed anger counseling and thus has successfully demonstrated his rehabilitation from this isolated incident. Further, in March 1998 he entered voluntarily an intensive outpatient program and became committed to abstinence from alcohol. He subsequently completed the program successfully and zealously has attended AA from three to five times a week for over seven months and has an AA sponsor to help him maintain his sobriety. The positive changes in his behavior, including his commitment to sobriety, now mitigate his past lack of responsibility with respect to drinking. Clearance Granted.

Applicant's credible testimony that he will file future tax returns on time, and that he has not used marijuana since December 31, 1996 and will not use it in the future, leads me to conclude he has reformed. Clearance granted.

Applicant has a history of drug abuse from 1993 to1997 in college, including marijuana use and one time experimentation with cocaine in 1995. Also, she omitted relevant and material information about the beginning date of her drug use on the EPSQ. To her credit she did tell the truth to a DSS agent, but gave responses in her Answer that were inconsistent with that sworn statement which create doubts about her credibility and her personal conduct in a security setting. However, this isolated conduct does not constitute a violation of U.S. Code, Title 18 Section 1001. Clearance denied.

While Applicant has had debts for credit cards, college loans, and child support, these financial concerns can now be mitigated as Applicant has sought counseling and is now successfully making a good faith effort to repay or resolve the majority of his debts. His child support is being garnished from his salary and he has signed an agreement with CCCS to pay off his delinquent gas card and two student loans. Clearance is granted.

Applicant (with outstanding work record) used marijuana two to three times monthly for fifteen years after being granted a security clearance. He falsified his security questionnaire in 1993 and continued to use marijuana because he did not think using marijuana interfered with his work, since he never used it during duties hours. Clearance is denied.

Applicant's drug abuse was mitigated where most of the drug use stopped in 1990, and where Applicant's abuse of marijuana--although more recent--was infrequent. Applicant has stated a credible intent to refrain from drug use in the future. Clearance granted Applicant's drug abuse was mitigated where most of the drug use stopped in 1990, and where Applicant's abuse of marijuana--although more recent--was infrequent. Applicant has stated a credible intent to refrain from drug use in the future. Clearance is granted.

For over five years Applicant has had debts for credit cards, including a judgment, now totaling $28,000 that he has not addressed in any way even though he was re-hired by his defense contractor over one year ago and has some financial resources to address to his debts. Neither has Applicant sought counseling nor made any good faith effort to repay or resolve his debts. He has consulted a bankruptcy attorney, but has not retained one. Clearance denied.

The Applicant had twenty one arrests for various criminal matters including numerous arrests for alcohol related offenses. He failed to list his felony arrests and alcohol related arrests on his Questionnaire for National Security Position. Because of his alcohol history and falsification the adverse inference is not overcome. Clearance is denied.

Applicant's illegal drug use, and his deliberate material falsifications on two security clearance applications, a sworn statement, and during an interview with DSS concerning his past illegal drug use, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's felony bad check conviction, irresponsible handling of his finances, and falsification of his financial condition and circumstances of his criminal conviction suggested Applicant lacked judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Applicant used Valium, LSD and PCP in the mid 1980's, cocaine weekly for six months in 1992 and marijuana, at times on a daily basis, from 1986 to August 1997. In addition to purchasing drugs for his personal consumption, he sold PCP, cocaine and marijuana to acquaintances. While he has resolved to abstain in the future, his drug abuse is too recent and extensive to conclude that it is safely of the past. Clearance is denied.

Applicant abused alcohol to the point of medically diagnosed dependence from about 1989 to January 20, 1997, despite his voluntary participation in inpatient detoxification and follow-up aftercare in June 1995, February 1996, June 1996, October 1996 and January 1997. In late January 1997, Applicant underwent his first extensive inpatient alcohol rehabilitation effort. In addition to successfully completing that program and its aftercare requirements, Applicant has been an active and willing participant in Alcoholics Anonymous since February 1997. Abstinent for some twenty months, he has no intent to consume alcohol in the future. While he listed only this most recent treatment on his security clearance application, he requested a personal interview as soon as possible and authorized release of his medical record information. During his initial DSS interview, he provided extensive detail about his alcohol problem and efforts to regain sobriety. While he failed to disclose two aftercare programs and his June 1995 and October 1996 detoxifications, it was not with any intent to conceal. Clearance is granted.

Applicant's claim that she was ignorant of the presence of illegal drugs in the vehicle in which she was a passenger is not inadmissible under the doctrine of collateral estoppel where she had pleaded guilty to felonious possession under a "first offender statute" but was not convicted; judicial admissions are not conclusive in separate, subsequent proceedings; guilty plea was given more weight than her more recent claim of ignorance; conduct was not mitigated by elapse of two years and a lack of remorse. Clearance is denied.

Applicant's history of criminal conduct, including auto theft, public intoxication, assault with a dangerous weapon, and domestic violence have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's excessive indebtedness caused by circumstances largely beyond his control, and his failure to timely file his 92 and 93 federal income tax returns have been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.

The Applicant has renounced her foreign citizenship and returned that country's passport. Members of her immediate family, who reside in foreign countries, have little influence over the Applicant. Clearance Granted.

Applicant with over two years of frequent marijuana abuse and less than 12 months of discontinuance fails to absolve all foreseeable risks of recurrence. Clearance is denied.

Applicant has a long history of drug abuse and purchase from 1973 to 1998 even though he knew that illegal drug use was against company and government security policy. While much of his drug abuse stopped in 1993 after a favorable company drug screen, he continued to use and purchase crystal methamphetamine even after he knew that his new assignment would require a security clearance. He willfully omitted relevant and material information about his drug use on his EPSQ and mislead the initial DSS agent about his drug use; he did not tell the truth even to a second DSS agent until after he was confronted with his failure of the polygraph examination. He misled the government even though he knew that his falsifications were a violation of U.S. Code, Title 18 Section 1001. Clearance denied.

Applicant's history of excessive indebtedness, which includes two outstanding court judgments in 1994, totaling approximately $36,000 has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

The Applicant used marijuana throughout the 1990's, twice in violation of court probation and once after answering a Security Clearance Application. He was also less then candid about this drug involvement on his Application in violation of 18 U.S.C. Section 1001. Clearance Denied.

Applicant is 43. He used marijuana on a weekly basis in 1969, 1973 - 1976, and 1979 -1982. He did not use marijuana again until the summer of 1996 when he used it four more times, during a period of stress, ending in January 1997. He used other drugs on a limited basis in 1970, 1973, and 1980 -82. He was arrested on drug related charges in 1979 and 1982, and served six years in prison from 1983 - 1989. Adequate mitigation was demonstrated by the passage of many years without any repeat of criminal behavior (16 years) or marijuana use (2 years). Clearance granted.

Applicant, born and raised in foreign country A, is a dual citizen since her U.S. naturalization in March 1993. She used a foreign country A passport to enter that nation on three occasions since in order to see her parents since travel was prohibited on her U.S. passport. The foreign passport has expired and she has no intent to renew it or even to return to foreign country A as her life is in the United States with her spouse and child, both U.S. citizens. At her request, her parents recently emigrated to the United States from foreign country A and they plan to remain permanent residents. A brother remains in foreign country A with his family but her relationship is not so close with him as to cause foreign influence concerns. Clearance is granted.

The Applicant was involved with drugs only seven months ago, and still associates with drug abusers. Clearance Denied.

The Applicant was involved with marijuana, on a fairly frequent basis, over a period of 24 years. He was also less then candid about his drug involvement on an August 1996 Security Questionnaire, in violation of 18 U.S.C. 1001. Clearance Denied.

Applicant's use of marijuana in August 1997, together with his refusal to admit to said 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.

Applicant's theft of government property and his false claims of innocence in subsequent investigations suggested Applicant lacked judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Applicant's use of marijuana approximately thirty times during his junior and senior years of high school was mitigated where drugs use was not recent--over a year ago--was both isolated and infrequent, and where Applicant had demonstrated a clear intent to refrain from drug use in the future. Clearance granted.

Applicant with long history of unpaid debts (some apportioned by court in divorce decree) and no manifest payment record or repayment plan fails to absolve judgment and pressure risks associated with excessive debts. Clearance is denied.

Applicant has a twenty year history of abusing alcohol during which he was arrested four times for alcohol-related misconduct involving a motor vehicle--most recently in December of 1996. His employment was terminated after his most recent arrest, and he was rehired under a two-year contract which specifically prohibits him from using alcohol. He is also serving a period of probation until January 1999. Under these circumstances, his 21 months of abstinence--since his most recent arrest--is not sufficient to mitigate his years of alcohol abuse which included abusing alcohol after being diagnosed as alcohol dependent during 1995 in-patient treatment. Clearance is denied.

Applicant's behavior was serious and involved unknowing victims. the frequency of the conduct is demonstrated by the 30 stories written by Applicant between 1996 an February 1997. In addition, Applicant was over 40 years of age when he wrote the stories. Applicant's evidence in rehabilitation is encouraging, but his recovery still has issues to reckon with. Clearance is denied.

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

Although Applicant was a U.S. citizen by virtue of his birth in the U.S., he left the country when he was approximately one year old, and was raised in foreign countries until two years ago, when he returned to the U.S. to obtain employment. Applicant's conduct during his twenty-five years of life--including his conduct since returning to the U.S.--is entirely consistent with a preference for the foreign citizenship he inherited from his father at birth. Clearance is denied.

Although Applicant's failure to ensure her student loans were consolidated into one loan and her later unemployment were circumstances beyond her control, she had undertaken no meaningful effort to contact her creditors about a payment schedule, and had failed to obtain credit counseling that might enable her to begin to satisfy her delinquent debts. Clearance denied.

Applicant presented credible evidence that he did not engage in sexual misconduct with a minor notwithstanding his guilty plea to a misdemeanor charge of Child Abuse and Neglect. Clearance granted.

Applicant's drug use was not mitigated where use was recent, and circumstances of use--using after applying for a security clearance--suggested she would use drugs in the future. Applicant falsified her drug abuse history on her clearance application by stating she had last used drugs more than six months before her application. Clearance denied.

The Applicant used drugs over a period of 10 years, and his involvement ended only eight months ago. Clearance Denied.

Administrative Judge did not misapply Adjudicative Guidelines to Appicant's history of drug abuse. Judge's findings and conclusions about Applicant's history of drug abuse are supported by record evidence. Adverse decision affirmed.

Applicant abused alcohol to the point of dependence from about 1987 to December 31, 1997, cocaine from 1980 to 1993 and marijuana from 1980 to November 1997. She has no intent to abuse alcohol or illegal drugs in the future and is currently in therapy with a licensed psychologist and since mid July 1998 an AA attendee. Given her history of relapse and the recency of her commitment to reform, it is too soon to conclude her alcohol abuse is safely behind her. She has demonstrated no similar dependence with respect to illegal drugs, and the relative infrequency of her marijuana abuse in the last few years provides assurance she will be able to abide by her resolve to abstain from illegal drugs. Clearance is denied.

The Applicant was involved with drugs on an occasional basis for about 27 years. His involvement ended only 13 months ago with a drug related arrest. Clearance Denied.

Applicant's three arrests since 1989, her falsification of her arrest record in 1996, and her misrepresentation of her relationship with her roommate in 1997, suggested she lacked the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Applicant had used marijuana with varying frequency from 1977 to October 1997. In December 1994, he tested positive for cocaine in a random urinalysis and was subsequently discharged from the U.S. Navy after 12 years of service. He continued to use marijuana once every four months while working for two different defense contractors (and while having a security clearance) until October 1997. On SF 86 completed in January 1997, Applicant listed cocaine use only. Since 1996, he has not made any effort to pay off $11,000 in delinquent debts--which includes repayment of a re-enlistment bonus which he received shortly before discharge. Clearance is denied.

Applicant used marijuana from 1980 to August 1997. While his use declined after college, he continued to smoke marijuana with friends, even after being granted a Secret security clearance. After testing positive for cannabis during a random drug screen in September 1997, he resolved to abstain from all illegal drugs in the future. His drug abuse is too recent and extensive to conclude that it is safely of the past. Clearance is denied.

Appeal Board cannot consider new evidence on appeal. Applicant's overall history of drug abuse, covering a period of approximately 17 years, provides a rational basis for Administrative Judge's conclusions. Adverse decision affirmed.

The Applicant has done little to address his $11,000 of past due indebtedness. Clearance Denied.

Applicant used marijuana on a daily to weekly basis from 1992 until at least January 1998. He used other drugs until mid-1997. Applicant did not show a credible intent to abstain from drugs in the future. Adverse inference sustained. Clearance is denied.

Thirty years of bingeing, four alcohol-related incidents away from work, and a diagnosis of alcohol dependence (in remission) were mitigated by about 16 months of abstinence, completion of rehabilitation and aftercare programs, and a favorable prognosis from a credentialed mental health professional. Clearance is granted.

Applicant's sincere commitment to continue working the AA program, and his clear, unequivocal commitment to sobriety, lead me to conclude that his alcohol abuse is most likely a thing of the past. Clearance granted.

Applicant's history of alcohol abuse, evidenced by four arrests for Driving Under the Influence of Alcohol, and his continued drinking has not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.

Although Applicant had experimented with marijuana twice in December 1995--when she had a security clearance--use was not recent, was isolated and infrequent, and Applicant had demonstrated an intent to not use drugs in the future. While Applicant demonstrated poor judgment in permitting her husband to grow marijuana for medicinal purposes, her no lo plea to simple possession had been expunged, and misconduct was unlikely to recur. Clearance granted.

The recency and extent of applicant's drug and alcohol abuse, together with his failure to complete a court ordered substance abuse treatment program, precludes a finding that he has reformed. Clearance denied.

Attempted grand larceny over two years ago is mitigated by the Applicant's relative youth, his intentions to avoid jeopardizing his future by further misconduct, and the isolated nature of the criminal conduct. Clearance is granted.

Applicant's negative answers to questions 23c, 23d, 23f, and 21, were intentional omissions of relevant and material information from a government form used by the Department of Defense to make informed decisions regarding a persons's security clearance eligibility. His explanations for each one of the negative answers are really after-the-fact rationalizations of an intentional effort by Applicant to mislead the Government about his criminal and treatment record. Clearance is denied.

Applicant's history of alcohol abuse, and diagnosis of alcohol dependence, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's lengthy period of poly-substance abuse (including marijuana for 24 years; and cocaine for 20 years); and his continued substance abuse while possessing a security clearance; despite successful completion of drug treatment, and abstinence for nearly one year, raise grave questions and doubt as to his security suitability. Clearance is denied.

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

Bankruptcy in 1991 and a history since of an inability to satisfy debts and evidence of financial mismanagement were not mitigated by discharge in bankruptcy a month before the close of the record. Clearance is denied.

Discharge of debts in bankruptcy does not immunize Applicant's history of financial problems from review for its security significance. Applicant's history of financial problems, which resulted in two bankruptcies, provides rational basis for Administrative Judge's concerns about Applicant's security suitability. Adverse decision affirmed.

Three arrests for misdemeanor domestic violence were mitigated by justified responses to severe provocation by the Applicant's ex-wife and by his calm and nonviolent character; debts largely attributable to unforeseeable events, most of which debts have now been paid off, were mitigated by his good faith efforts to pay his debts and by his modest lifestyle. Clearance is granted.

A 10-year history of past due debts, some of which are now barred by applicable statutes of limitation, and failure to file Federal income tax returns since at least 1988 were unmitigated by a business downturn and a divorce 12 years ago. Clearance is denied.

The Applicant is paying off his past-due child support in a fashion that is acceptable to the appropriate authority. He has engaged in good faith attempts to resolve the other debts mentioned in the Statement of Reasons. Current financial situation is stable. Adverse inference is overcome. Clearance is granted.

The Applicant used marijuana over a period of about 25 years. His last usage was only 17 months ago, and its frequency was on an almost daily basis. He was also less than candid about his drug involvement is a recent sworn statement, a violation of 18 U.S.C. Section 1001. Clearance Denied.

Applicant used marijuana from fall 1993 to December 31, 1997 once to twice monthly. An unacceptable risk of future drug use persists because even though she has no intent to use in the future, she continues to associate with close friends who are regular drug users. Applicant misrepresented her illegal drug use on her security clearance application and during her first subject interview. She revealed her recent marijuana use in a second interview after being confronted with a developed reference account of drug use by her in December 1997, but her reform is too recent. Clearance is denied.

Debts of over $20,000 to a dozen different creditors remain of security concern as Applicant is unable to meet these obligations on his current income. Even though some of these problems were initially outside his control due to an overseas assignment in 1995 and a 1996 separation, those factors do not justify his failure to act responsibly in 1997-98. His Chapter 13 bankruptcy petition was dismissed in 1998 as he made only three payments. These financial concerns cannot be mitigated as Applicant has not sought counseling nor successfully made a good faith effort to repay or resolve the majority of his debts. Clearance is denied.

Applicant waived objection to admissibility of certain documents. Administrative Judge's weighing of evidence will not be disturbed unless there is a showing Judge acted in manner that is arbitrary, capricious, or contrary to law. Judge's findings about Applicant's financial problems are sustainable. It is irrelevant that an applicant did not personally occur debts if record evidence shows the applicant is legally responsible for those debts. Adverse decision affirmed.

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

Applicant's two bad check writing binges--deliberate conduct on two separate occasions four years apart--coupled with his overall financial irresponsibility dealing with his personal finances and child support obligations, suggested Applicant lacked judgment, reliability, and trustworthiness required of those with access to classified information. Clearance is denied.

The Applicant engaged in criminal sexual behavior over a period of about 28 years, and only four days prior to his hearing. Clearance Denied.

Applicant's past use of marijuana has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.

Applicant with history of debt delinquencies that remain unpaid manifests no intention to pay any of the debts without creditor assurances to keep his credit report clean and fails to absolve himself of coercion risks and indications of poor judgment and unreliability. Clearance is denied.

Removal of debts from credit report does not preclude Administrative Judge from considering record evidence showing Applicant was responsible for debts and did not satisfy them. Judge had rational basis for finding Applicant had delinquent debts which originated several years ago and which he still had not resolved. Favorable evidence cited by Applicant did not compel a favorable clearance decision. Adverse decision affirmed.

The positive evidence is insufficient to outweigh the negative evidence indicating his intentional attempts to conceal his general contracting income and rental income from the IRS and child support agency. Clearance is denied.

Applicant's use of marijuana on an irregular, occasional basis of between one and four times per year over a seven year period, while holding a SECRET security clearance, until he was caught by a positive random drug test; his deception on his 1995 NAQ; continued minimizing of his substance abuse; conditional limitations on his future intent; somewhat cavalier attitude towards his actions; and the absence of true drug treatment and rehabilitation; raise grave questions and doubts regarding his continued security suitability and eligibility. Clearance is denied.

Applicant's recreational abuse of marijuana was recent--within two months of the hearing--and spanned a period of twenty years. He initially stated--and acted on--an intent to use marijuana in the future, but recently changed his mind to keep his clearance. However, stated change of mind was too recent to be accepted as demonstrated intent to refrain from drug use in the future, and was undercut by the fact that keeping a clearance had never served as motivation to stop drug use in the nearly twenty years Applicant has had a clearance. Clearance denied.

Thirty-year history of diagnosed alcoholism, interrupted by 19 years of sobriety after completion of a rehabilitation program, was unmitigated by another rehabilitation program a year ago and nine months of sobriety; falsification of a PSQ 15 years ago was isolated and otherwise mitigated by subsequent honest information voluntarily provided with regard to other matters. Clearance is denied.

Applicant is 26 and used a variety of drugs, including marijuana from 1983 to August 1997, just prior to a statement provided to the Defense Security Service. He lied about his drug use on his security clearance application and in statements to DSS. No mitigation was demonstrated. Clearance Denied.

As a college student, Applicant abused marijuana regularly from April 1993 to May 1995 and infrequently thereafter until his last use in October 1997. He also experimented with X-MDA, LSD, cocaine, and PCP prior to May 1995. He has abstained from all drug use since and intends no future involvement. Clearance is granted.

This 35-year-old man used a variety of drugs from 1978 to April 1995, when he was arrested a second time on drug charges. He has not used drugs for over three years and during that period has been attending AA meetings. His demonstrated rehabilitation and continued AA attendance mitigates the impact of his past drug use. Clearance granted.

Applicant's arrest for possession of marijuana and illegal fireworks approximately two years ago was his only involvement with the criminal justice system, and was the result of him exercising very poor judgment during a brief period in his life. He has learned from it, and is unlikely to engage in any criminal conduct in the future. Clearance granted.

Applicant with 10-year history of polysubstance abuse and recurrent post-counseling abuse fails to absolve foreseeable risks of relapse. Clearance is denied.

Administrative Judge's analysis of Applicant's overall history of drug abuse is not arbitrary, capricious, or contrary to law. Mere presence or absence of a Disqualifying or Mitigating Guideline is not solely determinative of the outcome of a case. Adverse decision affirmed.

Applicant's regular marijuana abuse for nearly 3 years and her regular cocaine abuse for eight months, and the absence of any drug treatment or rehabilitation, despite her abstinence for 16 months (marijuana) and 14 months (cocaine), raise doubts as to her security suitability and eligibility. Clearance denied.

Applicant received alcohol and drug abuse rehabilitation treatment in 1994. He relapsed into marijuana abuse on the order of every two to four days and binge alcohol drinking of a six-pack per occasion which continued to April 1997. Following four sessions with an EAP counselor in summer 1997, he consumed alcohol on at least two occasions after he had been advised to abstain because of diagnosed alcohol dependency. Clearance is denied.

Applicant used marijuana from 1989 to spring 1997 and LSD on about five occasions from 1991 to May 1996. She cannot promise that she will not use either marijuana or LSD again despite knowing of the DoD policy against drug use. Due to the unacceptable risk of future illegal drug involvement, clearance is denied.

Applicant got behind on his financial obligations over the 1992/93 time frame largely due to unemployment. He has made minimal efforts to satisfy his creditors despite steady work with the same defense contractor since February 1994 and repeat promises he would satisfy his old debts. He has not filed his federal income tax returns for tax years 1993 through 1996 in disregard of a known obligation. Clearance is denied.

Applicant's conviction of aggravated criminal sexual abuse of his nine year old step-daughter that occurred over more than a period of a year and ceased about a year ago, was unmitigated by a partially-completed psychotherapy program. Clearance is denied.

Applicant's positive efforts to satisfy creditors after being shown a credit report by DIS; his payments to a majority of the creditors even before the SOR was issued; and his vow to pay off all valid remaining debts as soon as possible, reflect good-faith efforts to resolve debts, and provide an indication that the financial problem is, or shortly will be, under control. Clearance granted.

Applicant's breach of fiduciary duty by embezzling funds from his employer suggested he lacked the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Applicant's irregular, occasional marijuana abuse over a 22 year period, commencing when he was 19 years old; his continued substance abuse while possessing a security clearance; the absence of any drug rehabilitation and treatment; and his conditional limitations on future intentions; despite abstinence for nearly one year; raise grave questions and doubt as to his security suitability. Clearance is denied.

Applicant's $25,500 gross annual salary is inadequate to pay $15,100 in past due debts, and his failure to file two recent state income tax returns was unmitigated. Clearance is denied.

Applicant had used a variety of illegal substances while in high school and college--to include marijuana, LSD, hashish, opium, cocaine, and hallucinogenic mushrooms. He stopped using all illegal substances in December 1996, but gave a full accounting of all substances used when he completed a security questionnaire in February 1997, and when he was interviewed by the DIS in November 1997. Because of his honesty in disclosing the full extent of his substance abuse, Applicant's statements that he does not intend to use drugs in the future are found credible. Clearance granted.

Applicant's irregular abuse of marijuana over a 5 year period; and his experimentation with other illegal substances during the same period, all of which occurred while he was in college -- a period which he considered appropriate to experiment with feelings, emotions, ideas, and drugs; and only 10 months of abstinence; without other meaningful indicia of successful rehabilitation, raise grave doubts as to his security suitability and eligibility. Clearance denied.

Applicant's irregular abuse of marijuana for 5 years, ending in June 1997; and his experimentation with other illegal substances, all of which occurred while he was in college, when he considered it appropriate to experiment with feelings, emotions, ideas, and drugs; and the absence of any drug treatment or rehabilitation, raise grave doubts as to his security suitability and eligibility. Clearance denied.

Administrative Judge cannot rely on Section F.3. to impose on Applicant a standard the Judge prefers over the provisions of the Adjudicative Guidelines. Applicant's failure to present best possible evidence did not relieve Judge of his obligation to consider whether the Applicant presented evidence of reform and rehabilitation sufficient to warrant favorable decision. Judge's findings and conclusions must be based on record evidence. Adverse decision remanded.

Applicant used marijuana with varying frequency in college from fall 1993 to March 1997. He also used hallucinogenic mushrooms on three occasions between spring 1996 and March 1997. He has no intent to use any illegal drug in the future and consistent with that intent has abstained for over a year. Clearance is granted.

Applicant continued to consume alcohol to as recently as December 31, 1997, after completing both inpatient and outpatient programs for treatment of medically diagnosed alcohol dependence. Resolved to maintain abstinence, he has attended AA daily for the past three months and is currently receiving individual therapy. These efforts are too recent to find that it is clearly consistent with the national interest to continue his security clearance. Clearance is denied.

Applicant has made a persuasive case in demonstrating she will not resume drug use in the future. first, she is active in educating the church youth group in about the negatives of drug use. She is pursuing a college degree while accomplishing an excellent job performance for the four month rating period ending in December 1997. Clearance is granted.

Applicant's nearly twenty year history of alcohol abuse was not mitigated by relatively short period of sobriety where abuse history was punctuated by multiple alcohol-related incidents and failed rehabilitation efforts. Clearance denied.

Board cannot consider new evidence on appeal. Administrative Judge's findings about Applicant's history of alcohol abuse over a period of approximately 18-19 years supported by record evidence. Clearly consistent with national interest standard applies whether Applicant needs security clearance for access to classified information or for access to a secure building. Adverse decision affirmed.

The Applicant's drug involvement ended only seven months ago. She was also less than candid as to her involvement on her SCA, and in a subsequent sworn statement. This lack of candor is violative of 18 U.S.C. Section 1001. Clearance Denied.

Applicant's 25 years of marijuana abuse, ceasing in November 1997, including the purchase, use, possession, and sale; his continued abuse for over one year after being granted a security clearance; his July 1997 arrest for a drug-related felony; and the absence of positive evidence of rehabilitation, raise grave questions and doubts as to his security suitability. Clearance is denied.

Although Applicant's financial difficulties were caused in part by his loss of employment in late 1993, his financial irresponsibility was not mitigated where Applicant deliberately incurred additional debt after his unemployment began, and took no meaningful actions to address his indebtedness after becoming reemployed in May 1997. Clearance denied.

Applicant's favorable character evidence, including his successful completion of a computer science degree while working full time, has been considered but is not enough to overcome Applicant's serious breach of fiduciary duty of honesty and trust to his employer in June 1994. Clearance is denied.

Applicant was arrested in 1982 for driving under the influence, and in 1995, for driving while intoxicated. There was no evidence in the record of his alcohol use history except his admission that he currently drinks 3 or 4 beers, 3 or 4 times a week while working on hobbies. Since his 1995 arrest, he no longer consumes alcohol under circumstances where he would be required to operate a motor vehicle. Clearance is granted.

The Applicant has two convictions within the last four years. His second arrest violated the probation from his first conviction, and he is still on probation as a result of the second conviction. Clearance Denied.

Diagnosis of episodic alcohol dependence (and two alcohol-related incidents 25 years ago) were mitigated by an inpatient rehabilitation and aftercare program, 4-5 AA meetings a week, extensive social support, and a favorable prognosis, even though the Applicant has had only 8 months sobriety since he entered rehabilitation. Clearance granted.

Applicant's use of marijuana which last occurred in July 1997, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's financial irresponsibility was not mitigated where financial difficulties were present before his voluntary departure from active military duty, and while difficulties increased with decreased income, Applicant had not dealt with debts in responsible fashion. Pending bankruptcy would remove immediate pressure but did not establish that Applicant could keep his financial affairs in order. Clearance denied.

The five past due debts alleged in the Statement of Reasons do not belong to the Applicant nor were they incurred with his knowledge or approval, but were incurred by his girl friend through forgery and fraud. Clearance is granted.

Applicant's failure to offer any credible evidence that he will not consume alcohol to excess in the future precludes a finding that he has reformed. Clearance denied.

The Applicant was involved with drugs over a period of about 25 years. His last involvement was only 14 months ago. He was also less than candid about his drug abuse on an NAQ and in two sworn statements. These wilful falsifications are violations of 18 U.S.C. 1001. Clearance Denied.

Applicant admitted that he had used marijuana frequently between 1983 and 1996; he also admitted that he had occasionally used cocaine, LSD, and amphetamines. When he was first interviewed by the DSS, he indicated that he may use illegal drugs in the future depending on his mood and the circumstances under which the drugs were offered. Although he later recanted his statement about future use, the credibility of the subsequent statement was undermined because in the meantime, he had also substantially revised his earlier statement concerning the frequency with which he had used marijuana and the date when he had last used it. Clearance is denied.

Applicant willfully failed to timely file his federal individual income returns for tax years 1992 through 1996. He filed the returns in late February 1998 after the Government issued a Statement of Reasons alleging his failure to file. His efforts at rectification are too recent to make a finding of successful rehabilitation. Clearance is denied.

Although Applicant's non-marijuana abuse before 1990 was mitigated by passage of time, Applicant's twenty-six year history of marijuana abuse was not mitigated where Applicant stated an intent to continue marijuana use, and there was a substantial likelihood of continued sales and purchases of marijuana as well. Applicant falsified his clearance application by failing to disclose police record, alcohol arrest record, and drug abuse history. He falsified a sworn statement to the Government by minimizing the extent of his drug use, disclosing the full extent of his drug abuse only in the face of a polygraph examination. Clearance denied.

Applicant's history of excessive indebtedness partially caused by circumstances beyond her control have not been mitigated by a good faith effort to resolve her past due debts. Clearance is denied.

Under doctrine of administrative finality, the parties are entitled to expect an Administrative Judge's decision will not be changed except through the normal appeal process. Judge's findings and conclusions about Applicant's history of unsatisfied delinquent debts are supported by record evidence and provide rational basis for her decision. Adverse decision affirmed

Applicant's regular use of marijuana, estimated at 500 occasions, during a nearly 3 year period, ending in August 1997; his continued abuse, even after being charged as a "minor in possession" in 1994; and the absence of any drug treatment or rehabilitation, raise doubts as to his security suitability and eligibility. Clearance denied.

Applicant's twenty year history of alcohol abuse--culminating in two DWIs and a diagnosis as alcohol dependent--was mitigated where he had actively pursued family therapy and AA, had successfully completed an inpatient treatment program, and remained abstinent for over a year. Applicant demonstrated he had acquired the tools and support system necessary to maintain sobriety. Clearance granted

Applicant's use of illegal drugs, criminal conduct, and numerous falsifications of material facts on his security clearance application, preclude a finding at the present time that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.

Applicant took home classified codes and put them on his home computer. Applicant altered a classified document, had it copied, gave a copy to an unauthorized individual, improperly stored the copies, and took a copy home. He gave a false answer when questioned by the contractor's security representatives about the altered document. He gave a false answer when asked if he had destroyed any documents between the period of being escorted from the contractor's site and the visit by the FBI. Clearance is denied.

Applicant with spaced two incidents of misdemeanor sexual offenses over 8-year period (the last highly contentious), but none within last 4 years and beneficiary of successful two-year treatment program mitigates conduct and is safe risk against recurrence. Clearance is granted.

Marijuana and cocaine purchases and abuse were mitigated by abstinence for the last 14 months, positive changes in lifestyle supportive of sobriety, and an intent to never use illegal drugs in the future. Falsification in SF-86 and in DIS interview concerning drug history was aberrational and mitigated by good faith disclosure to the Government of the correct information before being confronted with the facts. Clearance is granted.

Record evidence did not support Administrative Judge's application of Personal Conduct Mitigating Guideline #3. Mere presence or absence of Adjudicative Guidelines for or against clearance not solely dispositive of case. Record evidence did not support Judge's finding of "clear evidence of rehabilitation." Favorable decision reversed.

The Applicant and her deceased Husband had considerable tax debts to the IRS. Applicant was unable to pay off these debts after Husband became fatally ill. Applicant has filed a Chapter 7 bankruptcy and evinces a credible intent to take care of all nondischargeable debts after discharge. Adverse inference is overcome. Clearance is granted.

Applicant with several years of regular marijuana use and single use of non-prescribed Ritalin completed counseling, turned her life around in school and her job, exhibits maturity and responsibility, and is a safe risk not to return to abusive drug use. Clearance is granted.

The Applicant had a long term alcohol problem. In 1995, this problem was exacerbated by personal problems. He was involved in three alcohol related incidents over two years which involved sexually related conduct on his part. He has been abstinent from alcohol for one year, since last incident, and evinces a credible intent not to drink again. The sexual conduct was alcohol related, and the Applicant is no longer subject to coercion over it. The falsification and criminal conduct allegations were unproven. Adverse inference is overcome. Clearance is granted.

A user of cannabis (primarily marijuana) since 1973, Applicant continued to use marijuana even after he was granted a secret clearance in May 1989. His use of marijuana declined significantly in the 1990s to where he used it only once in 1997 over the Memorial Day weekend. He no longer intends to use any illegal drug in the future. Clearance is granted.

Administrative Judge did not err when she did not apply Drug Involvement Disqualifying Guideline 3. On appeal, Board must consider not only whether there is record evidence supporting Judge's findings, but also whether there is record evidence that fairly detracts from weight of evidence supporting those findings. Given the totality of the record evidence, Judge could find Applicant had successfully mitigated government's case against him. Favorable decision affirmed.

Applicant's systematic misrepresentation of his legal qualifications during his eight years of unauthorized practice of law suggested he lacked the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Applicant's nearly twenty year history of marijuana abuse was mitigated where use over the last ten years was isolated and infrequent, had stopped one year before the close of the record in the case, and Applicant had stated a clear--and credible--intent to abstain from drug use in the future. There was no evidence to suggest physical or psychological dependence on marijuana. Clearance granted.

Applicant's 1992 unprovoked, brutal beating of a female, who offered no resistance, and his eventual 1993 conviction for aggravated assault, while isolated and not recent, were such that, in the absence of clear evidence of rehabilitation, there remain grave doubts as to his security suitability and eligibility. Clearance denied.

Applicant's immediate efforts to resolve outstanding financial obligations upon being informed of their existence; his payments to most of his creditors even before the SOR was issued; and his vow to pay off the one remaining debt as soon as possible, reflect good-faith efforts to resolve debts, and provide an indication that the financial situation is under control. Clearance granted.

Given Applicant's stated intention to forego drug use in the future, which is supported by documentation of negative drugs results over the past year, Applicant has successfully demonstrated he is eligible for a security clearance. Clearance is granted.

The Applicant used marijuana for 16 years, and his abuse ended less than five months ago. Clearance Denied.

Applicant's cavalier attitude towards the payment of his mortgage, resulting in a 1992 foreclosure and a deficit balance of over $36,000; his indifference to that debt for over 5 years, despite an annual salary of about $60,000, stocks worth over $5,600, and a $10,000 motorcycle; and his last minute effort to walk away from the debt by filing for bankruptcy after receipt of his SOR, citing only one liability -- the debt, leaves grave questions and doubt as to his continued security suitability. Clearance denied.

There is rebuttable presumption Administrative Judge is impartial and unbiased. Board does not review decisions against a standard of perfection. Adjudicative Guidelines should not be interpreted in manner that would be to detriment of industrial security program or national security. Judge's findings and conclusions about Applicant's financial conduct are supported by record evidence and are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.

Purchase and use of marijuana in a period 3-6 years ago and a one-time slip 11 months ago, while holding a clearance, at the Applicant's bachelor party were extenuated and mitigated by his demonstrated intent to never use illegal drugs again and his initiative in seeking drug educational guidance. Clearance is granted.

Given the pattern of intentional falsifications from 1993 to her polygraph examination in December 1996, when Applicant finally disclosed all her drug use, Applicant's excellent job performance and outstanding educational background, is not enough to overcome the pattern of falsifications and criminal conduct. Clearance is denied.

Three alcohol-related incidents within seven years and a decade of intoxication once or twice a week were not mitigated by eight months of sobriety and an excellent prognosis by a counselor. Clearance is denied.

The Applicant used cocaine on only two occasions in the last six years, the last time being over two years ago. He is now making payments toward his child support arrearage above and beyond what is required by his court order. Clearance Granted.

Applicant's falsification of his alcohol and drug arrest record on his security clearance application and sworn statement suggested he could not be expected to tell the truth if it conflicted with his personal interest. Clearance denied.

Applicant's history of cocaine, cannabis, and alcohol addiction, and his intentional material falsifications on a sworn statement to DIS, and on three security clearance applications concerning his past illegal drug involvement, have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.

Born abroad, Applicant left his native land at age 17. Since 1974, he has maintained his home and career in the United States and was naturalized in 1982. In 1997, he reclaimed his foreign citizenship to obtain possible future educational benefits for his children. He is willing to renounce his foreign citizenship to obtain a security clearance. While his mother and siblings are resident citizens of his native land, his contacts with them are limited and their positions abroad do not raise foreign influence concerns. Clearance is granted.

Frequent use of marijuana for 3 years in college was not mitigated by abstinence for the last 9 months after graduation where last use occurred shortly after signing the security clearance application (SF-86). Clearance is denied.

Board cannot consider new evidence on appeal. Administrative Judge cannot fairly be faulted for not considering events that might occur after close of record evidence. Despite a harmless factual error, Judge's conclusions about Applicant's history of marijuana use are sustainable. Adverse decision affirmed.

Marijuana use three times 15 years ago and its use over a two-day weekend over eight months ago in reaction to the break-up of an engagement to be married by the Applicant's fiancé was mitigated by the passage of time and extenuated by the circumstances surrounding such personal crisis. Falsification allegations were refuted by a failure of the Government's proof. Clearance is granted.

Applicant's right to cross-examination is not violated by admission of documents that fall within exceptions to hearsay rule. Department Counsel failed to show Administrative Judge erred by sustaining Applicant's objection to medical information questionnaire. Judge's findings about Applicant's marijuana use are sustainable. Harmless errors do not warrant remand or reversal. Favorable decision affirmed.

A citizen of a foreign nation since birth in 1959 and of the United States since his naturalization in June 1994, Applicant continues to maintain dual citizenship for ease in resolving matters pertaining to land in the foreign nation which he inherited in 1989. Since January 1986, he has sought to establish his life in the United States. His U.S. interests substantially outweigh his foreign interests and he has expressed a willingness to renounce his foreign citizenship once his grandfather's estate is settled. Clearance is granted.

Applicant with four alcohol-related incidents over a 15-year period and only six months elapsed since last incident needs more time in initiated abstinence and away from clearance significant alcohol-related incidents. Clearance is denied.

Applicant's lengthy period of poly-substance abuse (including marijuana for 26 years, ending in April 1997; and cocaine for 10 years, ending in 1995); his continued substance abuse while possessing a security clearance; the absence of drug treatment and rehabilitation (as differentiated from his stress management therapy); and his deceptions on his SF 86 and during a DIS interview in 1997, raise grave questions and doubts as to his security suitability. Clearance is denied.

Applicant's systematic falsification of his employment and security clearance applications, and his multiple falsifications to the DSS suggested Applicant would not be truthful if the truth presented adverse consequences to his personal interests. Clearance denied.

While a cleared employee working overseas, Applicant engaged in an extramarital affair with a foreign national during the October to November 1995 time frame which he continues to conceal from his spouse and other family members. During a subject interview of January 1997, Applicant negatively denied ever having engaged in conduct which could make him vulnerable to coercion, pressure or exploitation as he did not want the Department of Defense to know of the affair. Clearance is denied.

Applicant who chooses to represent himself cannot complain about the quality of his representation. Department Counsel has burden of proving controverted facts. Insufficient record evidence to support the Administrative Judge's finding of falsification. Applicant's extramarital affair and his concealment of that affair from his spouse provides a rational basis for Judge to infer Applicant could be vulnerable to coercion or influence. Adverse decision affirmed.

Concealment on QNSP of prior arrests, prior security investigation, and prior drug history was not mitigated; reporting on the QNSP of the expungement of prior drug possession arrest when Applicant was 21 years old was not excused by 18 USC 3607(c); prior arrests and drug experimentation were mitigated as minor and not recent. Clearance is denied.

Applicant abused alcohol over the 1996/97 time frame while experiencing marital discord, culminating in a May 1997 incident where he, in an intoxicated state, physically struck his minor son in the face. Applicant has since completed a court-mandated alcohol program. He has continued in a men's aftercare group beyond the recommended twelve sessions and has maintained abstinence since late July 1997. Clearance is granted.

Single DWI in May 1997 was mitigated where Applicant had made positive changes in lifestyle supportive of sobriety, had successfully completed outpatient treatment, and had a prognosis reflecting no significant likelihood of alcohol abuse or dependence. Clearance granted.

This 55 year old man failed to timely file federal and state income tax returns from 1989 to 1992, as a result of which Applicant was the subject of a 1995 DISCR/DOHA case. In 1995 and 1996, Applicant again failed to timely file federal and state income tax returns. He filed the 1995 and 1996 returns shortly before the recent hearing. His evidence failed to mitigate the disqualifying evidence. Clearance denied.

Administrative Judge properly considered evidence that Applicant had been subject of earlier security clearance adjudication with respect to misconduct similar to his current misconduct. Applicant's history of failing to file income tax returns provided rational basis for Judge's decision. Adverse decision affirmed.

Applicant's lengthy period of poly-substance abuse (marijuana for 27 years and cocaine for 23 years), which ceased only 11 months prior to the hearing; his repeated falsifications about such substance abuse, the most recent of which occurred in August 1997; and his failure to make any effort to resolve his outstanding financial obligations, including a defaulted student loan and child support arrearage, raise grave questions and doubts as to his security eligibility. Clearance denied.

Past due debts of $2,300 from 3-7 years ago and $23,000 in student loans were mitigated by a medical condition that prevented Applicant from working full-time, periods of unemployment between temporary jobs, good faith attempt to pay on her debts, modest lifestyle, and remaining in touch with Applicant's creditors. Clearance is granted.

Applicant is a 40 year old male who has been cross dressing since age 8 or 9. His friends, family, co-workers, pastor, and supervisor are fully aware of his behavior. Applicant is not vulnerable to undue influence or coercion. Both the Applicant and his wife are comfortable with the Applicant's transvestitism. Adverse inference is overcome. Clearance granted.

The Applicant's past alcohol abuse is evidenced by two alcohol related arrests. He has not consumed the intoxicant for a year, attends AA on a regular basis, and plans no future consumption. Clearance Granted.

Applicant's history of excessive indebtedness, and pattern of dishonesty by concealing his financial history and his unpaid debts on two security clearance applications has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Rebuttable presumption Administrative Judge considered all record evidence unless there is a clear indication to the contrary. Board will not conclude a Judge erred based on factual assertions made on appeal that do not have any support in record evidence. Judge's findings and conclusions about Applicant's history of financial problems and falsifications are supported by record evidence. Adverse decision affirmed.

The Applicant's criminal conduct occurred ten years ago. Since his release from incarceration, nearly five years ago, he has clearly demonstrated his rehabilitation. Clearance Granted.

Credibility determination is not a substitute for record evidence. Seriousness of Applicant's criminal conduct not reduced or lessened by fact he served his sentence. Totality of record evidence did not support several key findings made by Administrative Judge. The clearly consistent with national interest standard and nexus concept must be construed and applied in manner that includes consideration of need to protect integrity of industrial security program and maintain public confidence in it. Clear weight of evidence does not support Judge's finding of reform and rehabilitation sufficient to warrant favorable clearance decision. Favorable decision reversed.

Applicant's denial that he used methamphetamine in May 1997, notwithstanding the results of two drug tests that indicated he used it, precludes a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.

Applicant failed to demonstrate Administrative Judge's findings and conclusions are erroneous. Adverse decision affirmed.

The Applicant's past alcohol abuse is evidenced by four alcohol related arrests and two periods of alcohol treatment. He was last intoxicated one month following his most recent treatment. He has abstained from alcohol for four months and been sober for seven months. His positive changes of behavior did not mitigate the security concerns. Clearance denied.

The Applicant abused alcohol for 20 years, as evidenced by three convictions. His last problem with the intoxicant occurred 12 months ago when, despite being diagnosed as alcohol dependent, he was arrested for DUI. Clearance denied.

Having weighed this case under the variables of the whole person concept, I reach the same conclusion regarding Applicant's security clearance application because of: (1) the length of Applicant's sexual behavior; (2) the absence of evidence in rehabilitation to support Applicant's claim of having stopped the behavior in 1996 and otherwise reducing the chances of becoming a candidate for coercion, pressure and influence; and, (3) the absence of evidence to demonstrate an effort to resolve the financial obligations. Clearance is denied.

The 37-year-old Applicant used marijuana from 1976 to early 1996, and other drugs on a few occasions during that period. She stopped in an effort to save her marriage. However, she lied about her drug use in her security clearance application and in her first statement to the Defense Investigative Service. She told the truth only when facing a polygraph exam. Her drug use was mitigated by the passage of time, but no mitigation was shown as to her falsifications. Clearance denied.

Applicant's positive efforts in successfully defeating his problems with methamphetamines, coupled with strong support from his wife, justify complete confidence Applicant will be able to maintain recovery from drugs. However, Applicant's character evidence and rehabilitative evidence under Criterion H falls short of meeting his ultimate burden of persuasion under Criterion E and Criterion J. Clearance is denied.

Administrative Judge's credibility determinations are entitled to deference on appeal. Harmless error does not warrant remand. Judge's sustainable findings about Applicant's falsifications and theft of United States Government property provide rational basis for his decision. Adverse decision affirmed.

Cultivation of marijuana in the applicant's home for the personal use of his wife and himself was mitigated by his intent never to be involved with illegal drugs in the future, his 2+ years of abstinence, and his successful completion of a drug/alcohol education course; the felonious conduct involved, however, was not fully mitigated by his model, but not yet completed, probationary conduct. Clearance is denied.

The Applicant has a substantial financial interest in a foreign country, and uses his foreign passport when traveling to and within Europe. Clearance Denied.

An applicant's honesty about his conduct does not immunize it from consideration for its security significance. Error is not demonstrated by fact appealing party can argue for an alternative weighing of record evidence. Neither Criterion B nor Criterion C requires showing that foreign country in question has interests that are inimical to interests of United States. Totality of facts and circumstances of Applicant's situation provides rational basis for Judge's decision. Adverse decision affirmed.

The recency and extent of applicant's methamphetamine 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.

Applicant's regular use of marijuana for 5 years, until at least June 1997, oftentimes on a twice-weekly basis; and the absence of any drug treatment or rehabilitation, raise doubts as to his security suitability and eligibility. Clearance denied.

Applicant's credit report indicated many past due accounts. However, evidence persuasively showed that many of the debts were incurred by the Applicant's spouse, who physically abused the Applicant during the marriage. Applicant's current financial situation is stable and she is not a security risk. Adverse inference overcome. Clearance is granted.

The Applicant last used marijuana a year ago, and can not aver that he will not use it in the future. Clearance Denied.

Applicant with 12-year history of multiple alcohol-related incidents (5 in all) and treatment regimens has too little time in sobriety in face of dependence and abuse diagnoses to make safe predictions of non-recurrent drinking in foreseeable future. Clearance is denied.

The Applicant has two convictions for the same type of criminal conduct within the last three years, and is still on probation for the last one. Clearance Denied.

Applicant who has worked successfully for a contractor for two years has now successfully mitigated his previous disconcerted employment history-- fired for withholding store money in 1994 and accused of theft in 1996. Initially, the government alleged these two actions under criminal conduct (although he had never been criminally charged for either action). Later it amended and alleged the same actions under personal conduct. He admitted he stole $600 from his 1994 employer, but denied he kept $30 from his 1996 employer or that his intent was theft. While criminal conduct can be asserted even when someone has not been charged, Applicant has now mitigated his 1994 conduct as it is unlikely to recur. He repaid the money he took. No criminal conduct occurred in 1996. The personal conduct concerns are now also mitigated as he fully disclosed both incidents on his security questionnaire and in his interview. He has taken positive steps to make sure this conduct would not recur and has taken positive steps to make sure this conduct would not recur and has taken positive steps to reduce or eliminate his vulnerability to coercion, exploitation or pressure. He is now responsible both on the job and at home. Clearance is granted.

Applicant who has worked successfully for a contractor for two years has now successfully mitigated his troubled employment history that he disclosed on his security questionnaire -- fired for withholding money in 1994 and accused of theft in 1996. Initially, the government alleged these two actions under criminal conduct (although he had never been criminally charged for either action). Later it amended and alleged the same actions under personal conduct. He admitted he stole $600 from his 1994 employer, but denied he kept $30 from his 1996 employer or that his intent was theft. While criminal conduct can be asserted even when someone has not been charged, Applicant has now mitigated his 1994 conduct as it was isolated, unlikely to recur, and he is successfully rehabilitated. He repaid the money he took. No criminal conduct occurred in 1996. The personal conduct concerns are now also mitigated as he fully disclosed both incidents and has taken positive steps to make sure this conduct would not recur. Clearance is granted.

Misappropriation of $600 in small amounts over a 3-4 week period is not an "isolated incident." Evidence that character references did not know about Applicant's 1994 misappropriation of $600 detracts from weight that reasonably can be given to favorable statements made by character references. Honesty and candor with government do not immunize admitted misconduct from being considered for its security significance. Favorable decision remanded with instructions.

Applicant's deliberate attempt to falsify his security clearance application by concealing his illegal drug involvement; and other criminal conduct, was not mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

This 32-year-old Applicant was involved with a variety of drugs in 1985 and from 1990 to 1994. He was arrested on drug related charges in 1990, 1993 (three times), and 1994 and on domestic violence charges in 1993 and 1996. During two of the 1993 drug-related arrests, he gave the police false names, and did not correct the matter until three days before the hearing. His drug use was mitigated by the passage of time without further incident but his criminal conduct continued until early 1998. No mitigation was demonstrated. Clearance denied

Occasional abuse of marijuana, hashish, and cocaine over a lengthy time period, including some time when he held a security clearance, is mitigated by complete drug abstinence for three years and an intent not to use illegal drugs in the future. Clearance is granted.

While the medical records contain important information about Applicant's treatment, the records and Applicant's testimony contain little information or indication Applicant has made any positive behavioral changes to ensure the past alcohol problems will not recur in the future. Clearance is denied.

Applicant with long history of polysubstance abuse and only two years of sustained discontinuance needs more time to season his abstinence to absolve him of recurrence risks. Clearance is denied.

Applicant with history of polysubstance abuse and continuing use of marijuana with no indicated counter-intentions of abstaining fails to mitigate security concerns associated with drug use. Clearance is denied.

Applicant had used marijuana for 18 months--from March 1995 to August 1996. He had not used marijuana for 22 months and did not intend to use it in the future as long as he continued to be employed in a position where marijuana use posed a problem. His statement that he may use marijuana in the future if his current circumstances change dramatically was not an expressed intent to use

Applicant's inability or unwillingness to take any meaningful action to satisfy thirteen long-standing debts precludes a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.

Administrative Judge's findings and conclusions about Applicant's history of financial problems are supported by record evidence and provide rational basis for his decision. Board cannot consider new evidence on appeal. Adverse decision affirmed.

The Applicant has renounced his foreign citizenship; and as such, no longer demonstrates a foreign preference. His foreign national wife, and their dual citizen minor daughters also live happily with him in the U.S.. Clearance Granted.

The Applicant owes personal and business debts in the amount of approximately $500,000. He has no current plan to pay off any of the debts. In addition, he has not filed individual state or Federal tax returns for the period 1992 through 1996. He has also not filed business tax returns for 1993 through 1995. The latter conduct violates state and Federal law. No mitigation evidence is shown. Clearance is denied.

The record contains no evidence Applicant has or is receiving financial counseling for his indebtedness and there is no indication the problem is under control. Without counseling or any independent and good-faith effort to resolve his financial problem and the way he handles his finances, Applicant has failed to persuade me that his thought process has changed so that the past and present indebtedness will not be repeated in the future. Clearance is denied.

A 6-year history of financial difficulties commencing with his divorce, compounded later by deliberately increasing household expenses with a live-in girlfriend and her 2 daughters, and an admitted inability to control credit card debt, were unmitigated by half-hearted attempt to consolidate debts after issuance of the SOR. Clearance denied.

Applicant has had a pattern of DUIs, two recent in 1996 & 1997, but initially he denied any alcohol abuse problem. His substance abuse counselor now applauds his positive attitude in a group and assesses him as "highly motivated," but it was not until March 1998 he declared his resolve to abstain from alcohol. Thus, his committment to sobriety is too recent to mitigate his past pattern of lack of responsibility with respect to drinking and driving. Clearance is denied.

Co-workers had observed Applicant under the influence of alcohol several times between April 1994 and April 1996. His employer counseled him and gave him the telephone number for the employee assistance program. In January 1997, he was arrested for DWI with a blood alcohol level of .26. Although Applicant claimed that he had stopped drinking alcohol in September 1997--after receiving the SOR--insufficient time has passed to establish that he has been rehabilitated. Clearance is denied.

Administrative Judge's findings about Applicant's history of alcohol abuse are sustainable. Favorable evidence about job performance did not preclude adverse decision based on Applicant's alcohol abuse. Adverse decision affirmed.

The Applicant used marijuana only four months ago. Clearance Denied.

Regardless of local law enforcement customs concerning prosecution of marijuana cases, possession and use of marijuana has security significance under Directive. Administrative Judge's findings about Applicant's overall history of drug use provides rational basis for decision. Adverse decision affirmed.

Applicant's single documented incident of alcohol abuse was mitigated by passage of time and absence of other indications of an alcohol problem; other alleged instances of alcohol abuse not established in record. Sexual behavior/criminal conduct mitigated by passage of time, absence of repeat incidents, and no diagnosis of psycho-sexual problems. Clearance granted.

Credibility determinations made by Administrative Judge based solely on documentary evidence are not entitled to same deference as credibility determinations based on personal observation of witness testimony. Collateral estoppel effect of conviction based on Alford plea does not extend to issue that is not an element of the crime for which Applicant was convicted. Judge's findings and conclusions about Applicant's indecent exposure incidents in August 1993 are not supported by record evidence and are arbitrary, capricious, and contrary to law. Judge's favorable decision lacks a rational basis. Favorable decision reversed.

Two alcohol-related incidents within the last 30 months while the Applicant was in a college fraternity environment are mitigated by entry after graduation into the working world, increased maturity, and nonabusive drinking during the last 14 months. Clearance is granted.

Applicant with serial history of sexual misbehavior with minors that resulted in cited military misconduct, and more recent criminal conviction with counseling and probation continuing, fails to absolve doubts of recurrence. Clearance is denied.

Applicant's sexual misconduct with minor females in 1975 and 1993-1994 provides rational basis for Administrative Judge's decision. Adverse decision affirmed.

Applicant's pattern of dishonesty and rule violations, and his criminal conduct, including providing false information in a sworn statement to the Defense Security Service, and stealing money from his employer have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's false denial, under oath, during a personnel security investigation, of certain sexual conduct; and his efforts to suborn perjury by coercing his former spouse to lie in his behalf, raise grave questions and doubts as to his security eligibility. Clearance denied.

The Applicant has done little, if anything, to pay his $15,000 of past due indebtedness. Clearance Denied.

Applicant's extensive history of failing to file required state and federal income tax returns suggests he lacks the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Appeal Board cannot consider new evidence on appeal. Rebuttable presumption Administrative Judge considered all record evidence unless Judge specifically states otherwise. Even in absence of conviction, Judge can find Applicant engaged in criminal conduct. Adverse decision affirmed.

The criminal act was recent because it occurred on February 18, 1997. Although the criminal act was isolated, there is no evidence of rehabilitation as Applicant continues to deny the act ever occurred. Clearance is denied.

Standing alone, sexual orientation cannot form basis of an adverse security clearance decision. There is no reasonable expectation of privacy associated with engaging in a sex act in a public place. Acts of criminal sexual misconduct provide rational basis for questioning Applicant's judgment and security eligibility. Adverse decision affirmed.

Applicant's drug abuse and falsifications were mitigated where Applicant had been drug free for eighteen months, had demonstrated commitment to a recovery program, and that recovery program had engendered a new commitment to honesty in all aspects of his life. Clearance granted.

The Applicant's fairly recent drug abuse spans a period of 20 years and ended with dependency. Clearance Denied.

Although Appellant had used marijuana as often as weekly from 1984 to 1995, he indicated only four-time use on the SF 86--which he completed in January 1997. He admitted the full extent of his marijuana use to the DIS in a subsequent interview, however, the mitigating benefit of his correcting this falsification, before being confronted with the facts, was diminished by his having lied in response to another question on the SF 86--even though this additional falsification was not alleged in the SOR. Clearance is denied.

When Administrative Judge has doubts about an applicant's security eligibility, which have a rational basis in record evidence, the Judge properly resolves doubts in favor of the national security. Absent amendment to Statement of Reasons, the Judge cannot base adverse decision on uncharged conduct. Uncharged conduct may be considered only for limited purposes. Judge should not apply Adjudicative Guideline in manner that renders it meaningless. Adverse decision remanded with instructions.

The Applicant's past drug involvement was isolated, infrequent and not recent. He was less than candid about this involvement, however, when he executed his Security Clearance Application. This falsification is a violation of 18 U.S.C. Section 1001. Clearance Denied.

Applicant's history of episodic alcohol abuse over period 1979-1996 provides rational basis for Administrative Judge's decision. Adverse decision affirmed.

Applicant engaged in repeated sexual misconduct for almost 40 years, primarily voyeurism and masturbation using female undergarments which he obtained by gaining unauthorized entry into the dwellings of acquaintances, co-workers and neighbors. He molested both of his daughters. Since entering treatment voluntarily in October 1996 for depression and sexual disorder, he has ceased his sexually aberrant behavior. It is too early in his recovery to conclude there is little risk of recurrence. Clearance is denied.

Applicant used cocaine from the mid to late 1980's to at least late 1996. He misrepresented his cocaine abuse during a DSS subject interview, indicating he used it only from 1990 to 1994 prior to his arrest for illegal possession of cocaine in September 1995. Applicant was suspended three times from work for significant periods for conduct ranging from hitting a co-worker with a stool, to drinking on the job and leaving the work area unattended and more recently for theft of employer property. Although he has no intent to use cocaine in the future, doubts persist as to his judgment, reliability and trustworthiness because of his criteria H, E and J conduct. Clearance is denied.

This 40-year-old Applicant consumed alcohol from 1970 to the present, and was arrested for DUI in 1993 and 1994; he use marijuana from 1970 to 1995, cocaine from 1975 to 1994, and methamphetamine from 1992 to 1994. He received inpatient treatment for alcohol dependence and drug abuse in early 1995. He continues to consume alcohol. He lied about his drug use in each security questionnaire he has completed and lied to DIS about the drug use until confronted with information from his treatment records. There was insufficient evidence of rehabilitation. Clearance denied.

The Applicant's past due indebtedness is directly attributed to his loss of employment. He is now employed, and has addressed each debt in a positive fashion. Clearance Granted.

Applicant's long history of alcohol abuse, as evidenced by his seven DUI convictions over a twenty-three year period, preclude a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.

Administrative Judge's findings about Applicant's history of episodic alcohol abuse are sustainable. Favorable evidence of Applicant's job performance and successful execution of his security responsibilities did not preclude adverse decision based on his history of episodic alcohol abuse. Adverse decision affirmed.

Use of marijuana at least once over two years ago while the facility security officer of his employer and his failure to submit an adverse information report on his marijuana use to the cognizant security agency (CSA) are mitigated by absence of persuasive evidence that the Applicant was conscious that such use was incompatible with his employment duties and by the failure of the CSA to provide him with the requisite security education he had repeatedly requested. Falsification of his QNSP and sworn statements to DIS by concealing that marijuana use is unmitigated. Clearance is denied.

Applicant used marijuana no more than twelve times from 1988 to June 1994. Demonstrated intent not to use in the future. Adverse inference overcome. Clearance is granted.

The Applicant purchased and used cocaine from about January 1989 to 1993, and then again in March 1997. She last used cocaine after being granted an interim security clearance in October 1996 and after she made a sworn statement to DIS in February 1997 that she would not use drugs in the future. She also lied about her drug use in completing her October 1996 Security Clearance Application. No mitigation or extenuation was demonstrated. Clearance denied.

The Applicant abused alcohol for 15 years, as evidenced by her being treated on five separate occasions for her dependency. Although she has now abstained from its consumption for 11 months, it is too soon to say her past extensive abuse is not of present security significance. Clearance Denied.

Applicant has a history of financial problems including a 1989 discharge in bankruptcy. As of the date of his hearing he was delinquent on financial obligations totaling more $50,000.00, and had been unemployed for more than three months. His employment history had been somewhat erratic for at least 10 years. He had not filed federal income tax returns for several years--until shortly before the hearing--and owed the IRS more than $30,000.00 in back taxes. Clearance is denied.

Applicant failed to file state and federal individual and corporate income tax returns from 1991 through 1995. Applicant had no duty to file returns. Failed to pay his debts in a timely manner. Applicant has not paid any child support since December 1995. With the exception of his child support obligations, the Applicant mitigated his financial problems. Criminal conduct and questionable judgment were mitigated. Clearance is denied.

The Applicant used marijuana over a period covering three decades, and last used it only nine months ago. His intention as to its future use is also suspect. Clearance Denied.

The Applicant has used alcohol to excess from approximately 1988 until November 1997, three weeks before the hearing. Applicant has four alcohol related arrests, the last in September 1997. Applicant continues to drink. Insufficient mitigation is shown. Clearance is denied.

Applicant's fourteen months of abstinence, together with his credible testimony that he will not use illegal drugs in the future, lead me to conclude that he has reformed. Clearance granted.

Applicant had been arrested seven times for alcohol-related misconduct between January 1983 and December 1996. He claimed that he had consumed alcohol in only moderate amounts, and stated his intention to continue consuming alcohol in moderate amounts. He admitted that he had been arrested, but did not admit that alcohol consumption or his behavior was the reason for the arrest on any of the seven occasions. Clearance is denied.

Applicant's compliance with all conditions of her sentence, including timely restitution, plus the favorable judgment and initiative demonstrated in completing training and landing a good trucking job, establishes complete justification for my conclusion that there will be no recurrence of criminal conduct in the future. Clearance is granted.

Applicant's falsification of his criminal record provides rational basis for Administrative Judge's decision. Adverse decision affirmed.

The Applicant has divulged his past inappropriate sexual behavior to those with a need to know; and as such, is no longer subject to black mail. His past criminal conduct occurred more than two years ago, and is no longer of present security significance. Clearance Granted.

Applicant is indebted in the aggregate $44,375.37 to twenty creditors. While he got behind on his financial obligations due to unforeseen circumstances (job relocation, illness] he made no effort to repay them once he went back to work at an annual salary of more than $50,000 supplemented by almost $18,000 in military retirement benefits. Although he filed for bankruptcy under Chapter 7 in January 1998, he has not yet been awarded a discharge and his current monthly expenses exceed his income by more than $500. Clearance is denied.

In view of the regular marijuana use until March 1997, the use of any kind of drug while holding a security clearance for more than 10 years, and the falsifications relating to his marijuana use, Applicant has failed to meet his ultimate burden of demonstrating he warrants a security clearance at this time. Clearance is denied.

The Applicant last used marijuana two years ago. He has since left the situs of his past drug abuse. He also offers credible evidence in support of his abstinence, and that he needs no further treatment. Clearance Granted.

Applicant's charge and conviction in 1995, for Grand Theft embezzlement by employee, a felony, which was later reduced to a misdemeanor, has not been mitigated by sufficient evidence of rehabilitation and reform. Clearance is denied.

Industrial security clearance decisions are not loyalty determinations. Applicant's history of financial difficulties provides rational basis for Administrative Judge's decision. Adverse decision affirmed.

Applicant's regular use of marijuana for 5 years, until at least mid-1997, oftentimes on a daily basis; use of LSD 20 times during a 4 month period in 1995-96; the absence of any drug treatment or rehabilitation; and his initial unwillingness to abstain without conditions, raise grave doubts as to his security suitability and eligibility. Clearance denied.

The Applicant used illegal substances only seven months ago, and avers that she may use them in the future. Clearance Denied.

A long history of falsification of security questionnaires and DIS interviews and numerous arrests are not extenuated or mitigated fully by the Applicant's recently diagnosed ADHD in light of his demeanor at the hearing and his handling of the case. Clearance is denied.

Appeal Board does not review completeness or accuracy of Statement of Reasons. Administrative Judge did not err by finding Applicant's March 1997 written statement was voluntarily given. There is substantial record evidence to support Judge's findings about Applicant's multiple acts of falsification and his history of criminal conduct. Adverse decision affirmed.

The Applicant improperly handled two sets of classified documents from 1986 to January of 1996. He has since undergone an extensive reeducation program, and has demonstrated credibly his heightened security awareness over the last two years. Clearance granted.

Security violations provide one of strongest possible reasons for denying or revoking access to classified information. Applicant's ten-year history of deliberate security violations was serious. Recent evidence does not support Judge's finding of reform and rehabilitation sufficient to warrant favorable decision. Favorable decision reversed.

This 54-year-old Applicant failed to file federal income tax returns for five years, 1988-1992. He was under financial stress because of the breakup of his marriage. At all times during his 29 year career with the same company, he had federal taxes withheld, including during the five years in which he did not file returns. Applicant reached an agreement with the IRS in March 1994, and he has been making monthly payments ever since, as well as filing returns each year since 1993. Applicant has adequately demonstrated rehabilitation. Clearance granted.

Applicant's Alford plea of guilty to felony charges arising out of an isolated incident in September 1995 involving a 5-year-old child was not mitigated fully by sexual abuse treatment for the past year. Clearance denied.

Given the inaction by Applicant in addressing the debts, the absence of evidence of counseling, Applicant has failed to persuade me how or whether his financial problems will improve in the future. Clearance is denied.

Fair and impartial adjudication is important right that touches upon basic integrity of DOHA proceedings. Absent showing of harm to applicant's rights, mere passage of time in handling of case does not warrant remand or reversal. Alcohol abuse raises questions about applicant's security eligibility. Adverse decision affirmed.

Administrative Judge's findings reflect a plausible interpretation of record evidence. Administrative Judge was not required, as a matter of law, to accept Applicant's explanation or retraction of an earlier written statement. Harmless error does not warrant remand or reversal. Adverse decision affirmed.

In completing security clearance questionnaires in 1990 and 1995, Applicant falsified information about prior alcohol-related arrests. In each case, Applicant provider full information when thereafter interviewed by DIS. Applicant established he did not act with intent to deceive. Applicant is 65 and has had a security clearance for 37 years, with no other problems. Applicant's mitigating evidence shows it is unlikely he will repeat his past errors. Clearance granted.

The Applicant has two alcohol related convictions in the 1990's, and last consumed the intoxicant less than eight months ago. Clearance Denied.

Notwithstanding the magnitude of the time card falsification, the record reflects that Applicant is remorseful and will not let the facts and circumstances repeat themselves in the future. The motivation for the conduct has been removed with Applicant's new job which he has held for approximately two years. Clearance is granted.

Credibility determination not a substitute for record evidence. Adverse decision cannot be based on unchanged conduct. Oath Applicant took to become naturalized U. S. citizenship is evidence of intent to renounce citizenship of his native country. Conduct must be evaluated in light of meaning and intent of pertinent Criterion and applicable Adjudicative Guidelines. Adverse decision reversed.

This 35-year-old Applicant was arrested on seven occasions between the ages of 21 and 34. Most were alcohol-related and several involved anger and violence. Applicant received treatment for his alcoholism in 1993, but resumed drinking later that year. Applicant began a new period of treatment in 1996 and is still receiving outpatient care. Applicant is still on probation from a 1996 assault conviction. Despite his present good behavior, not enough time has elapsed to be confident of Applicant's rehabilitation. Clearance denied.

This 30-year-old Applicant used hashish and cocaine and purchased marijuana in 1980/1981 but has not done so since. He used marijuana a total of 50 times from 1980/1981 to December 1996, six to ten times from 1993 to 1996. He had not used marijuana for more than one year prior to the hearing and expressed an intent not to use it in the future. His use of cocaine and hashish and his purchase of marijuana are mitigated by the passage of time, limited use, and no recurrence and his use of marijuana is mitigated by the passage of time and demonstrated intent not to use it again. Mitigating factors outweigh the adverse evidence. Clearance granted.

Board cannot consider new evidence on appeal. Administrative Judge's findings and conclusions about Applicant's marijuana use are sustainable Adverse decision affirmed.

Applicant's pattern of criminal conduct, including his wilful failure to file his 1992, 1993, 1994, and 1995 Federal and State Income Tax Returns; two Robbery convictions in 1996, a Spousal Abuse conviction in 1994, and an Unlicensed Driver conviction in 1995, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

The Applicant's alcohol abuse is evidenced by two recent convictions. As he has abstained from its use for only eight months, it is too soon to say that his abuse is not of present security significance. Clearance Denied.

Alcohol abuse provides rational basis for Administrative Judge's doubts about Applicant's suitability for access to classified information. Board cannot consider new evidence on appeal. Industrial security clearance decisions are not loyalty determinations. Adverse decision affirmed.

Adjudicative Guidelines cannot be considered or construed in isolation or in a manner that renders any Adjudicative Guidelines meaningless or superfluous. Absence of security violations does not preclude adverse decision based on other misconduct. Administrative Judge's weighing of the evidence will not be disturbed unless appealing party demonstrates Judge acted in an arbitrary or capricious manner when weighing evidence. Adverse decision affirmed.

Applicant in 1995 completed a NAQ, but omitted relevant and material information about his past arrests and drug use and purchases. He later did reveal arrests promptly to the initial investigator, but drug use was not admitted until January 1997 to second investigator. Defense of being "uncomfortable" not a basis for mitigation under Criterion E, but conduct in promptly admitting arrests is mitigated. Criminal conduct of felony falsification and 1995 arrest for belt discipline of son not mitigated as no evidence of rehabilitation provided. Clearance is denied.

Although Applicant's initial indebtedness was caused by his business failure and subsequent unemployment, financial irresponsibility was not mitigated where Applicant had not taken steps to address indebtedness for nearly two years after becoming reemployed, took steps to address indebtedness only in response to issuance of SOR, and actions taken to address indebtedness were insufficient to demonstrate that Applicant had reasserted control over his finances. Clearance denied.

Board does not measure Administrative Judge's decision against standard of perfection. Judge acted properly by weighing mitigating evidence in light of record evidence as a whole. Applicant's overall history of financial difficulties provides rational basis for Judge's decision. Adverse decision affirmed.

The Applicant used alcohol to excess from approximately 1980 until July 1997, three months before the hearing. Applicant had three alcohol related arrests, the last in August 1996. Insufficient mitigation is shown. Clearance is denied.

Federal Rules of Evidence serve only as a guide. Rebuttable presumption Administrative Judge is capable of ignoring or disregarding incompetent or irrelevant evidence. Judge not required to accept evidence at face value merely because it is admitted without objection or is unrebutted. Favorable decision affirmed.

Government not equitably estopped from denying or revoking security clearance. Drinking against medical advice after being diagnosed as alcohol dependent provides rational basis for Administrative Judge's doubts about Applicant's ability to maintain sobriety. Adverse decision affirmed.

The Board cannot consider new evidence on appeal. Administrative Judge's credibility determinations entitled to deference on appeal. Judge's findings about Applicant's criminal conduct in 1993 and 1995 sustainable. Adverse decision affirmed.

Mere fact aplicant has not been criminally charged or convicted does not preclude finding applicant engaged in criminal conduct. Res judicata does not bar adverse security clearance decision when applicant has engaged in misconduct after receiving a favorable clearance decision. Administrative Judge does not err by not engaging in mechanical adjudication of cases. Adverse decision affirmed.

On remand. Applicant was alleged to have been involved in two incidents of homosexual conduct in 1986 and 1996. He plead nolo contendere to the first and was acquitted of the second. In fact, he did not engage in the alleged conduct at all. Applicant was also alleged to have falsified a questionnaire and statement concerning the same incidents. This was not proven. Adverse inference is overcome. Clearance is granted.

Applicant was alleged to have been involved in two incidents of homosexual conduct in 1986 and 1996. He plead nolo contendere to the first and was acquitted of the second. In fact he did not engage in the alleged conduct at all. Applicant was also alleged to have falsified a questionnaire and statement concerning the same incidents. This was not proven. Adverse inference is overcome. Clearance is granted.

Administrative Judge's finding that Applicant may have been under duress or intimidated when he gave a written statement has no basis in law or record evidence. Reasonable person standard is proper one to apply in evaluating an applicant's conduct. Judge's credibility determinations are entitled to deference, but are not immune from review. Judge erred by ignoring Applicant's admissions of wrongdoing. Favorable decision reversed.

Exclusionary rule not applicable in DOHA proceedings. A finding that a statement was product of coercion or duress goes to weight to which it is entitled. Administrative Judge's finding that Applicant's statement was made under duress not sustainable. Judge's favorable credibility determination not sustainable. No record evidence supports Judge's suggestion that case against Applicant was based on improper motivation. Regardless of sexual orientation, falsification and criminal sexual misconduct raise serious quesions about an Applicant's suitability for access to classified information. Remanded with instructions.

This 34-year-old Applicant performed lewd and lascivious acts upon 12-16 year-old females on two occasions, in 1990 and 1992. He was convicted of a sexual offense in 1993 and is on probation until mid-1998. He twice lied about his misconduct to DIS in 1996 and continues to minimize the seriousness of his conduct and shift blame to the victims. Clearance denied

Administrative Judge's findings and conclusions about Applicant's repeated failure to file income tax returns are not arbitrary, capricious or contrary to law. Adverse decision affirmed.

In 1992, the Applicant did not file his state or Federal tax returns. In addition, he became indebted to the IRS and the state Employment Development Department. Tax returns have been filed, payment has been made to state, a payment agreement has been made with IRS. Current financial situation is stable. Adverse inference is mitigated. Clearance is granted.

Applicant's twenty year history of alcohol addiction and drug problems, from 1975 until December 1995, and his deliberate attempts to conceal his past drug involvement on two security clearance applications has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's excessive indebtedness, and repeated intentional falsifications on his security clearance application concerning his arrest history and financial affairs have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.

Absent error below, Applicant not entitled to remand for a second hearing. Industrial security decisions are not loyalty determinations. Applicant's overall history of alcohol abuse provides rational basis for Judge's decision. Adverse decision affirmed.

Applicant is a security police officer. On one occasion in May 1995 the Applicant fondled the buttocks of a fellow officer. The Applicant failed to admit the allegation, or show any mitigation. Adverse inference is not overcome. Clearance is denied.

Board has authority to reconsider its decisions. Absence of right to security is irrelevant to applicant's procedural rights under Executive Order 10865 and the Directive. Evidence is not excludable merely because it is cumulative. Case law does not support Department Counsel's claim that Supreme Court decision earlier this year changed law on admissibility of polygraph evidence. Department Counsel's claims of harm to industrial security program not persuasive. Motion for reconsideration denied. Board's September 3, 1998 decision stands.

As matter of judicial economy, Board can affirm an evidentiary ruling on any proper basis supported by the record, even if the basis was not relied on by the Administrative Judge. Judge erred by excluding proffered polygraph evidence on basis that it went to ultimate issue to be decided by the Judge. Although Applicant is not precluded from offering polygraph evidence, Applicant does not have absolute right to have such evidence admitted. When an applicant offers polygraph evidence, there are various issues that Judge must take into consideration. Applicant has burden of establishing admissibility of polygraph evidence she proffers and meeting any valid objection raised by Department Counsel. Case remand with instructions.

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

Applicant's twenty five year history of drug and alcohol addiction, with two inpatient treatment programs, followed by relapses; and, his intentional material falsification in a sworn statement to DIS, and repeatedly on his PSQ concerning his past illegal drug involvement, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Given Applicant's long history of alcohol abuse, characterized by six alcohol-related offenses, the ongoing denial and minimization Applicant is still struggling with, and the absence of any evidence showing positive changes in behavior supportive of sobriety, there is a disqualifying chance that Applicant's alcohol abuse will continue or recur in the future. Clearance is denied.