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1999 Industrial Security Clearance Decisions

 

These 78 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

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

Financial

12/27/1999

Applicant had heavy burden of persuasion to demonstrate extenuation, mitigation, or changed circumstances sufficient to overcome negative implications of his history of unresolved delinquent debts. Possibility of future discharge of debts in bankruptcy is not proof of current reform and rehabilitation. Record evidence does not support Administrative Judge's favorable conclusions. Favorable decision reversed.


Criminal Conduct

12/27/1999

Rules of evidence and burdens of proof associated with criminal proceedings are not applicable in DOHA proceedings. Department Counsel is not required to prove controverted allegations by preponderance of evidence. Evidence provides rational basis for Administrative Judge to find Applicant willfully failed to file federal income tax returns. Decisions of Hearing Office Judges in other cases not binding on their colleagues. Decisions of Hearing Office Judges not binding on Appeal Board. Applicant's willful failure to file federal income tax returns provides rational basis for Judge's decision. Adverse decision affirmed.


Alcohol; Personal Conduct

12/27/1999

Board has inherent authority to entertain a request to reconsider its decision. There is no right to reconsideration. Board has the sole discretion to decide whether to reconsider its decision. As a general rule, a party is not entitled to raise new claims in a motion for reconsideration. Reconsideration denied. Board's September 10, 1999 decision stands as issued.


Sexual Behavior; Criminal Conduct

12/20/1999

The Applicant's sexual behavior and related criminal conduct occurred more than two years ago.. There is also unrebutted evidence of rehabilitation. Clearance Granted.


Personal Conduct; Criminal Conduct

12/14/1999

Applicant's statements about his state of mind and intentions are relevant and material evidence, but they are not binding on Administrative Judge. An applicant is not made more or less suitable for security clearance based on how a security clearance decision might affect the applicant. Judge's findings about Applicant's falsifications of a security questionnaire in March 1998 are sustainable and provide rational basis for his adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Foreign Preference; Foreign Influence

12/14/1999

Administrative Judge had rational basis to conclude facts and circumstances of Applicant's possession and use of a foreign passport did not demonstrate a foreign preference. Judge does not have authority or discretion to alter language of Directive. Judge's piecemeal analysis of case was inconsistent with whole person analysis required by Directive. Personal nature of Applicant's motivation does not negate or diminish security significance of his interest in retaining foreign citizenship. Applicant's expression of obligation to foreign country based on his family ties raises legitimate security concerns. Favorable decision reversed.


Criminal Conduct; Sexual Behavior

12/06/1999

Administrative Judge's decision must set forth findings and conclusions with sufficient specificity and clarity that the parties and the Board can discern what the Judge is finding and concluding. Hearing Office Judge not bound to follow decisions of his or her colleagues in other cases. Judge erred by failing to discuss or explain his conclusions about record evidence of Applicant's probationary status and his probation violation. Case remanded with instructions.


Financial

12/01/1999

Promises to take actions in future are not a substitute for documented track record of remedial actions. Mere presence or absence of Adjudicative Guidelines Disqualifying or Mitigating Condition not solely dispositive of case. Administrative Judge's findings and conclusions about Applicant's history of financial difficulties reflect a reasonable interpretation of record evidence. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

11/30/1999

This 24-year-old man used marijuana and other drugs since he was 16 until July 1998. He lied about his arrests and drug use in response to 3 questions on his May 1998 security clearance application. At the November 10, 1999 hearing, no mitigation or rehabilitation was established. Clearance denied.


Alcohol; Criminal Conduct

11/30/1999

An applicant has a right to a fair and impartial adjudication of his or her security clearance case. Applicant's generalized, unsubstantiated assertions of denial of a fair hearing fail to rebut presumption that Administrative Judge is fair and impartial. Judge had rational and legally permissible basis for finding Applicant's November 1996 bomb threat incident was felonious in nature. Applicant's history of alcohol abuse provided rational basis for Judge's adverse conclusions about Applicant's security eligibility. Americans with Disabilities Act does not apply to security clearance adjudications. Adverse decision affirmed.


Drugs

11/24/1999

Clearance granted on the basis of mitigation of drug involvement preceded Applicant's petition for award of attorney's fees under the Equal Access to Justice Act (EAJA); the EAJA is inapplicable to industrial security clearance proceedings because they are not required by statute. Petition is denied.


Personal Conduct; Criminal Conduct

11/23/1999

Board has authority to consider a motion for reconsideration. An applicant is not made more or less suitable for a security clearance based on how a security clearance decision might affect the applicant. Applicant's request for reconsideration sets forth no reason for Board to change or reverse its earlier disposition of Applicant's appeal. Board reaffirms its August 19, 1999 decision.


Financial

11/22/1999

Applicant's history of excessive indebtedness following a Chapter 7 bankruptcy in 1991, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs

11/22/1999

Board must consider whether there is record evidence that fairly detracts from Administrative Judge's factual findings, and whether the inferences and conclusions drawn by the Judge are arbitrary, capricious, or contrary to law. Totality of record evidence does not support Judge's finding that Applicant demonstrated an intent to refrain from marijuana use in future. Judge's application of Federal Rule of Evidence 403 not warranted in this case. Judge erred by deciding not to consider Applicant's statements about his views on marijuana, which were relevant and material evidence in light of his history of marijuana use. Favorable decision reversed.


Alcohol; Personal Conduct; Criminal Conduct

11/18/1999

Applicant has a history of alcohol abuse, problems and treatment beginning in 1965 and continuing to the present day. Treatments have not been successful and rehabilitation has not been established. Incomplete reporting of treatments has not been shown to have been intentional. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

11/18/1999

When record contains conflicting evidence, Administrative Judge must carefully weigh the evidence in a reasonable, common sense manner. An intent to falsify can be shown by circumstantial evidence even in the face of denials of any intent to falsify. Deference owed to Judge's credibility determinations does not immunize them from review. Testimony is not conclusive merely because it is unrebutted. In falsification case, materiality is not limited to consideration of whether falsified information would result in adverse security clearance adjudication. Materiality also covers information relevant to security investigation. Judge's various errors warrant reversal. Favorable decision reversed.


Drugs

11/16/1999

Presence or absence of any given Disqualifying or Mitigating Condition of the Adjudicative Guidelines is not solely dispositive of a case. Harmless errors do not warrant remand or reversal. Department Counsel's ability to set forth a plausible argument for an alternate interpretation of record evidence not sufficient to demonstrate Judge's decision is arbitrary, capricious, or contrary to law. Favorable decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

11/12/1999

Deference owed to Administrative Judge's credibility determinations does not immunize them from review. Applicant's denials of intent to falsify are relevant and material evidence, but they are not conclusive. Intent to falsify can be shown by circumstantial evidence even in face of denials of any intent to falsify. Testimony is not conclusive merely because it is unrebutted. Materiality is not limited to consideration of whether falsification at issue would ultimately result in an adverse security clearance adjudication. Totality of record evidence does not support many of Judge's findings and conclusions. Favorable decision reversed.


Criminal Conduct; Personal Conduct

11/10/1999

Record evidence does not support Administrative Judge's finding that Applicant was charged with a felony in 1986. Absent evidence that Applicant was charged with a felony in 1986, there is no basis for Judge's finding that Applicant falsified a security questionnaire by not listing the 1986 criminal charge. Adverse decision reversed.


Criminal Conduct; Drugs; Alcohol

11/08/1999

Board need not agree with Administrative Judge's conclusions about Applicant's history of alcohol abuse to conclude they are sustainable. Adverse decision affirmed.


Foreign Influence; Foreign Preference

11/01/1999

This 50-year-old man moved to the U.S. in 1979 and has been a citizen since 1986. He obtained a FC passport in 1991 to facilitate the adoption of a previously unknown daughter in FC in1995 and has not otherwise used it. He has minimal contacts and no real personal or financial ties to FC. He and his family have established deep ties to the US. Clearance granted


Drugs

11/01/1999

There is no "bright line" rule regarding the recency of drug use under Drug Involvement Mitigation Condition 1. Although Administrative Judge's findings are not a model of clarity, they are not inconsistent with the Board's Remand Order. Board need not agree with Judge to conclude her decision is sustainable. Favorable decision affirmed.


Personal Conduct; Criminal Conduct

10/27/1999

The security significance of Applicant's personal conduct involving questionable judgment, untrustworthiness, unreliability, or unwillingness to comply with rules and regulations, called into issue by Applicant's two purely verbal disputes, not resulting in arrests; two relatively minor physical clashes, one involving a bumping and the other, a mutual slapping, both resulting in arrests and the imposition of counseling; a "situation" with his son who has ADHD, Tourette's Disorder, and Obsessive-Compulsive Disorder in which the son had to be physically restrained; a temporary restraining order obtained by his then-wife during marital discord; and one security violation in which no classified information was left unattended and no compromises occurred, even when combined to show a pattern of rule violations, has been overcome by Applicant's active and successful participation in formal rehabilitation and counseling and the minimization of stressors. Clearance is granted.


Alcohol; Drugs; Personal Conduct

10/15/1999

Giving due deference to Administrative Judge's credibility determinations, Board need not agree with Judge's finding to conclude it is sustainable. Under whole person concept, Judge must consider totality of an applicant's conduct or circumstances. Adverse decision affirmed.


Financial Considerations

10/13/1999

Board cannot consider new evidence on appeal. Administrative Judge must consider record evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence or vice versa. Applicant's history of financial conduct provides rational basis for Judge's findings and conclusions. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

10/12/1999

Board does not have general, supervisory jurisdiction or authority over Hearing Office Administrative Judges. Prompt good-faith disclosure under Personal Conduct Mitigating Condition 3 is a disclosure made in reasonable time that demonstrates applicant acted reasonably, prudently, honestly and in adherence to duty or obligation. Reasonable person standard, not personal beliefs of applicant, is standard to be applied in security clearance cases. Judge's finding of clear evidence of rehabilitation not supported by record evidence. Favorable decision reversed.


Criminal Conduct; Personal Conduct

10/01/1999

Single incident does not constitute pattern of dishonesty. Even in absence of input from Applicant, Administrative Judge must evaluate evidence and make an overall common sense decision based on all available facts. Adverse decision reversed.


Drugs; Personal Conduct; Criminal Conduct

09/21/1999

Applicant's history of drug use (involving marijuana and cocaine) and his falsifications in April 1998 and October 1998 provide a rational basis for the Administrative Judge's conclusions. Adverse decision affirmed.


Personal Conduct; Financial Considerations

09/16/1999

Adverse effect that unfavorable security clearance decision might have on applicant is not relevant to determining applicant's security eligibility. Applicant's value to her employer does not reduce or diminish the negative security implications of her conduct. Applicant's history of financial problems, her concealment of her financial problems from her husband, and her misappropriation of Boy Scout money entrusted to her care provide a rational basis for Administrative Judge's adverse conclusions under Criterion E and Criterion F. Adverse decision affirmed.


Foreign Preference; Foreign Influence

09/15/1999

Merely because an applicant's conduct is legal it does not follow that the applicant's conduct has been sanctioned by federal government within meaning of Foreign Preference Mitigating Condition 3. Administrative Judge erred by finding Applicant's ownership of three foreign corporations was minimal and not sufficient to raise security concerns. Unqualified or unconditional willingness to renounce foreign citizenship and give up a foreign passport should be given more weight than a qualified or conditional willingness to do so. Absence of sinister motives did not reduce the negative security implications of Applicant's voluntary procurement and use of a foreign country passport. Applicant not entitled to remand so he can present additional evidence to bolster his case. Favorable decision reversed.


Alcohol

09/13/1999

Arrest does not prove Applicant engaged in criminal conduct. Fact that criminal charges were dropped, dismissed, or resulted in acquittal does not preclude Administrative Judge from finding Applicant engaged in conduct underlying those criminal charges. Applicant's history of episodic alcohol abuse provides rational basis for Judge's conclusions about Applicant's security eligibility. Adverse decision affirmed.


Alcohol; Personal Conduct

09/10/1999

Administrative Judge erred by granting motion to amend Statement of Reasons (SOR) in absence of showing of good cause. Judge has no authority to dismiss an SOR or a case. Applicant's right to be represented by counsel or personal representative of his choice is not absolute. Harmless errors by Judge do not warrant remand. Judge has discretion in weighing evidence. Internal policies and practices of Defense Security Service are not matters within purview of DOHA Judges. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

08/19/1999

Administrative Judge must issue decision that satisfies requirements of Directive and due process. Harmless errors do not warrant remand or reversal. Judge must weigh record evidence as a whole and decide whether favorable evidence outweighs unfavorable evidence or vice versa. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

08/19/1999

Applicant's statements about his intentions and state of mind are relevant and material evidence, but they are not conclusive. Administrative Judge must consider evidence as a whole and decide whether favorable evidence outweighs unfavorable evidence or vice versa. Absence of security violations does not preclude adverse security clearance decision based on other misconduct such as falsification. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

08/18/1999

Record evidence does not support Administrative Judge's finding of falsification. Judge must weigh record evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence or vice versa. Judge's unchallenged findings about Applicant's shoplifting incidents provide sufficient basis for his security clearance decision. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

08/17/1999

Administrative Judge must apply undefined terms in Directive in a reasonable, common sense way. Judge's application of pertinent Adjudicative Guidelines was not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Foreign Influence; Foreign Preference

08/16/1999

This 33 year old Senior Analyst was born in a foreign country (FC) to an American mother and FC father. He came to the U.S. at age 11, and is a dual U.S./FC citizen. He uses his FC passport and his U.S. passport to enter and leave FC, but uses his U.S. passport for all other purposes. He has friends in FC but has minimal contacts. He may inherit some property in FC but the amount and even his status as heir is ambiguous. His conduct shows no preference for FC. Mitigation and extenuation has been shown. Clearance granted.


Foreign Preference; Foreign Influence

08/02/1999

Applicant is a 29-year-old native-born American. 5 years ago, on business, he used his U.S. passport to visit the country A, where his parents were born. Officials there said he was their citizen and refused to allow him to leave until he agreed to accept a country A passport. He has not returned, has not used the passport for any reason, and has had no contact with relatives there. The evidence does not establish foreign preference or influence.. Clearance granted.


Foreign Preference; Foreign Influence

07/22/1999

Administrative Judge erred by issuing decision two days before the date he had told parties was date that record would be closed. Appeal rights of parties and ability of Board to carry out its appellate functions are impaired when a decision contains findings and conclusions that cannot be reasonably understood. Copies of documents sent to parties by Judge during proceeding below are part of case record. Case remanded with instructions.


Financial

07/21/1999

No presumption of error below. Board cannot consider new evidence on appeal. Administrative Judge cannot be found to have committed error based on appellate consideration of matters that occurred after the close of the record below. Adverse decision affirmed.


Criminal Conduct

07/16/1999

Adjudicative Guidelines mitigating condition must be weighed in light of evidence as a whole, not in isolation. Fact that applicant was arrested or charged with a criminal offense is not proof applicant actually engaged in criminal conduct. Conviction is evidence only of criminal conduct specifically covered by conviction, not proof of any other criminal conduct. Administrative Judge's findings of extenuation and mitigation of Applicant's history of criminal conduct are not sustainable. Favorable decision reversed.


Financial

07/14/1999

Harmless errors do not warrant remand or reversal. Mere presence of some mitigating conditions does not require Administrative Judge to make a favorable decision. Applicant's history of financial difficulties provides rational basis for Judge's decision. Adverse decision affirmed.


Criminal Conduct; Financial

07/12/1999

Industrial security cases are not a proper forum to address, directly or indirectly, merits of matters that are committed to the authority and jurisdiction of other governmental bodies. Applicant's convictions for welfare fraud and her financial difficulties provide rational basis for Administrative Judge's conclusions about her security eligibility. Adverse decision affirmed.


Financial

07/12/1999

Administrative Judge did not act contrary to Prehearing Guidance. Apart from some harmless errors, Judge's findings about Applicant's history of financial difficulties are sustainable. Adverse decision affirmed.


Financial; Criminal Conduct

06/30/1999

Applicant's excessive indebtedness, and his wilful failure to file his State income tax returns for 1995 and 1997, and his Federal income tax returns for 1995, 1996 and 1997 have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Information Technology; Sexual Behavior

06/24/1999

Appealing party's ability to argue for alternate interpretation of record evidence does not demonstrate Administrative Judge's findings are erroneous. Directive should be construed broadly in order to effectuate the purposes of the industrial security program. Under Criterion M, Department Counsel has burden of proving applicant's conduct was unauthorized. Favorable decision affirmed.


Financial; Personal Conduct; Criminal Conduct

06/22/1999

Applicant's denials of intent to conceal information were relevant and material evidence, but they are not conclusive or binding on the Administrative Judge. Security clearance decision not limited to consideration of Applicant's job performance. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

06/16/1999

Applicant's falsifications in April 1998 and August 1998 provide rational basis for Administrative Judge's negative conclusions about Applicant's security eligibility. Adverse decision affirmed.


Criminal Conduct

06/15/1999

Because DOHA proceedings are civil in nature, procedural protections available to defendants in criminal proceedings are not applicable. Statement of Reasons is an administrative pleading that is not held to strict requirements of a criminal indictment. Failure to file income tax returns can be a basis for adverse security clearance decision. Adverse decision affirmed.


Criminal Conduct; Sexual Behavior

06/10/1999

Administrative Judge must apply undefined terms in Directive in a reasonable, common sense way. Harmless errors do not warrant remand or reversal. Board will not disturb a Judge's weighing of evidence unless there is showing the Judge did so in a way that is arbitrary, capricious, or contrary to law. Applicant's long history of sexually abusing his minor daughters provides rational basis for Judge's negative conclusions about Applicant's security eligibility. Adverse decision affirmed.


Drugs

06/03/1999

Record evidence does not support application of Drug Involvement Mitigating Condition 3. Administrative Judge failed to take into account record evidence that ran contrary to her findings. Favorable decision remanded with instructions.


Personal Conduct

06/01/1999

Administrative Judge relied on legally unsustainable basis to exclude Applicant's polygraph evidence. Exclusion of Applicant's polygraph evidence can be affirmed based on grounds having support in record even though those grounds were ignored, overlooked or rejected by Judge. Applicant failed to meet her burden of demonstrating results of her polygraph examination were reliable. Presence of conflicting evidence does not diminish Judge's primary responsibility to weigh evidence and make findings of fact. Judge is not compelled to accept or reject a witness's testimony in its entirety. Failure of Applicant's employer to discipline her for incident that formed basis of SOR allegation is irrelevant. Adverse decision affirmed


Foreign Preference; Foreign Influence

05/26/1999

Administrative Judge must consider evidence as a whole to reach a reasoned decision as to whether family ties and friendships in a foreign country raise security concerns within meaning of Criterion B. A person who voluntary obtains citizenship of a foreign country is taking action that is fraught with serious implications for the person's allegiance, duties, and obligations. Legality of Applicant's conduct does not mean its security significance should be ignored. Favorable decision reversed.


Criminal Conduct

05/20/1999

Each party bears responsibility for presenting evidence that it wants Administrative Judge to consider. Honesty and candor about misconduct do not immunize misconduct from consideration of its security significance. Off-duty conduct that has security significance can be considered in deciding applicant's security suitability. Adverse decision affirmed.


Foreign Preference; Foreign Influence

05/17/1999

Mere fact that an applicant admits on SOR allegation does not preclude Administrative Judge from considering whether the uncontroverted fact has security significance. Applicant's stated intentions concerning retention or renunciation of foreign citizenship must be evaluated in light of record evidence as a whole. Right of applicants to make choices in life does not preclude the government from considering security significance of an applicant's choices. A person who voluntarily obtains citizenship of a foreign country as an adult is taking an action fraught with serious implications for the person's allegiance, duties and obligations. Whether family ties in a foreign country poses a security risk depends on a common sense evaluation of overall facts and circumstances of those family ties. Favorable decision reversed.


Foreign Preference; Foreign Influence

05/04/1999

Department Counsel is judicially estopped from taking a position on appeal that is contrary to position it took at hearing level. No general prohibition against using hearsay evidence in making a security clearance decision. Applicant's conduct before he became a naturalized United States citizen cannot be considered exercise of dual citizenship. Mere presence or absence of Adjudicative Guideline for or against clearance is not solely dispositive of case. Harmless errors by Judge do not warrant remand or reversal. Favorable decision affirmed.


Criminal Conduct; Financial; Personal Conduct

04/29/1999

Board cannot consider new evidence on appeal. Stated intention to perform acts in future does not constitute proof of a demonstrated track record of reform and rehabilitation. Applicant's failure to make payments toward court-ordered restitution and child support provides rational basis for Judge's decision. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

04/22/1999

Applicant's fear of losing job does not justify or excuse deliberate falsifications. Board cannot consider new evidence. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

04/19/1999

Applicant's conduct must be evaluated against the reasonable person standard. An applicant who engages in deliberate falsifications out of immaturity is not more reliable or trustworthy than a mature applicant who engages in deliberate falsifications. Favorable decision reversed.


Criminal Conduct

04/19/1999

Even in absence of criminal conviction, Administrative Judge can find an applicant's conduct violates federal or state law. Judge's findings about Applicant's failure to timely file federal and state income tax returns and his deliberately claiming exemptions he was not entitled to claim provide rational basis for Judge's security clearance decision. Adverse decision affirmed.


Personal Conduct

04/08/1999

General principles of law may be applied, as appropriate, to make a ruling or decide a case whenever there is not an express provision of law that applies. Section 2-203 of NISPOM applies to DOHA proceedings. Case remanded with instructions.


Financial; Personal Conduct; Criminal Conduct

04/02/1999

Absent showing that Administrative Judge acted in manner that is arbitrary, capricious or contrary to law, Board will not disturb Judge's weighing of the evidence. Applicant's history of financial difficulties and her refusal to sign credit release forms provide rational basis for Judge's concerns about her suitability for access to classified information. Promise to take remedial steps in future does not constitute evidence of demonstrated reform or rehabilitation. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

03/31/1999

Favorable character evidence does not compel Administrative Judge to make a favorable security clearance decision. Judge properly considered totality of Applicant's conduct, including his overall history of drug abuse and his multiple acts of falsification. Adverse decision affirmed.


Information Technology; Sexual Behavior; Personal Conduct

03/17/1999

Vulnerability to undue influence or coercion is not limited to situations of possible blackmail. Administrative Judge not bound to give full or decisive weight to expert testimony. Harmless error does not warrant remand or reversal. Negative security implications of sexual misconduct do not turn on sexual orientation of an applicant. Right to cross-examination not violated by admission of documents that fall within recognized exceptions to hearsay rule. Doubts about an applicant's suitability for access to classified information should be resolved in favor of national security. Adverse decision affirmed.


Alcohol

03/11/1999

No presumption of error below. Record does not support Applicant's claim that Administrative Judge issued her decision before deadline set for post-hearing submissions. Adverse decision affirmed.


Financial

03/09/1999

Applicant has nine delinquent debts, beginning in 1992, and most are still unresolved. Applicant has not made any substantial effort to resolve debts until recently despite having funds available. No mitigation or extenuation was established. Clearance denied.


Financial; Personal Conduct

02/26/1999

Record evidence supports Administrative Judge's findings about Applicant's financial misconduct and his failure to satisfy two civil judgments against him. Applicant's misconduct provides rational basis for Judge's adverse conclusion about his judgment, reliability, and trustworthiness. Adverse decision affirmed.


Drugs; Personal Conduct

02/19/1999

Administrative Judge issued a remand decision that repeated kind of mistake identified by Appeal Board's earlier remand order. Judge's error denied Applicant of his right to a new decision under Item 35 of Additional Procedural Guidance. Adverse decision remanded with instructions.


Criminal Conduct; Sexual Behavior; Alcohol

02/16/1999

Administrative Judge's findings and conclusions about Applicant's criminal conduct and sexual misconduct reflect a plausible interpretation of record evidence. Judge's findings about Applicant's alcohol abuse contradict his adverse conclusion under Criterion G, but do not affect his conclusions under Criteria J and D. Adverse decision affirmed.


Drugs

02/09/1999

Board rulings are law of the case and must be complied with on remand. Failure to comply with Board rulings denies party of benefit of legal rulings won on appeal and deprives party of right to a new decision in violation of Item 35 of the Additional Procedural Guidance. Judicial discretion must be exercised within the limits set by the Directive and applicable legal principles. A reasonable person could question whether Applicant was denied a fair and impartial determination. Where there is a reasonable doubt regarding either the substance or the appearance of fairness or impartiality, appropriate corrective action must be taken. Adverse decision remanded with instructions.


Criminal Conduct; Personal Conduct

02/08/1999

Applicant's history of domestic violence involving physical spousal abuse, followed by a treatment failure, and a subsequent arrest, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs

02/04/1999

Value of Applicant's skills and abilities to his employer is irrelevant to determination of his suitability for a security clearance. Applicant's history of drug abuse provides rational basis for Administrative Judge's decision. Adverse decision affirmed.


Financial

02/03/1999

Security significance of Applicant's financial history does not turn on whether his delinquent debts are now legally uncollectible. Automatic stay provisions in bankruptcy law do not apply to security clearance adjudications. History of financial problems raises questions about Applicant's security eligibility. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

01/28/1999

Administrative Judge's finding that Applicant falsified a security questionnaire reflects a plausible interpretation of record evidence. Applicant's admissions of marijuana use do not immunize her drug abuse history from consideration for its security significance. Applicant's value to her employer is irrelevant to her suitability for a security clearance. Adverse decision affirmed.


Criminal Conduct; Personal Conduct; Financial

01/27/1999

Applicant's criminal history which includes two recent arrests for check forgery; and her intentional material falsifications in two sworn statements to DIS concerning her criminal involvement have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Criminal Conduct; Financial Considerations; Personal Conduct

01/22/1999

Credibility determinations made based on a File of Relevant Material are not entitled to same degree of deference given to credibility determinations made based on Judge's personal observations of a witness's testimony at a hearing. It is irrelevant whether an applicant's position requires security clearance for access to classified information or for access to a secure area. Applicant must be held to standard of conduct expected of a reasonable person. Adverse decision affirmed.


Criminal Conduct; Sexual Behavior

01/20/1999

Administrative Judge not required to discuss each and every piece of evidence. Judge's findings are sustainable. Judge did not use his credibility determination of Applicant in an improper manner. Applicant's probationary status did not preclude a favorable security clearance decision. Favorable decision affirmed.


Alcohol; Personal Conduct

01/07/1999

Harmless errors by Administrative Judge do not warrant remand or reversal. Most of Judge's findings concerning Applicant's history of alcohol abuse are sustainable. Presence or absence of a factor for or against clearance is not solely dispositive of case. Adverse decision affirmed.


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Last updated 19 Jul 2014