INDUSTRIAL SECURITY CLEARANCE DECISIONS

Native-born U.S. citizen who obtained a French passport at age 21 (based on her mother's birth in France) and used it once at age 25 in international travel was eligible for security clearance in view of her naivete at that time and lack of financial or political interest in France, the expiration of her French passport, as well as steps taken to renounce her French citizenship; the residence in France of her maternal grandfather and aunt was determined to pose no significant threat of duress or coercion that would jeopardize national security. Clearance is granted.

Possession of a Turkish passport after naturalization in 1985 and its use in conjunction with a U.S. passport to enter Turkey to visit his sister and widowed mother were mitigated by his cancellation of the Turkish passport a week before his hearing and his initiation of steps to renounce his Turkish citizenship; his U.S. property is worth ten times the value of his minority interests in his father's estate in Turkey: foreign influence is mitigated by his prompt reporting last year to his security officer of an unsolicited contact made by a Turkish national. Clearance is granted.

After knowingly arranging to trade illegal pornographic videos, Applicant was arrested in February 1998 and in June 1998 pled guilty to a state felony for Possession of Obscene Material/Child Pornography and was sentenced and fined. He was placed on three years probation including court-ordered therapy. His therapist reports progress but gives no prognosis on how long he will be in court-ordered therapy. Despite several positive letters of support from individuals who know him well, he remains on probation and in therapy so it is too soon to predict with certainty that he is fully rehabilitated and that the factors leading to the violation are not likely to recur. Clearance is denied.

Deliberate falsification of various resumes and security clearance applications over the past 2-3 years was unmitigated. Clearance is denied.

The Applicant was involved in criminal conduct on six separate occasions in the last 11 years. He was also less than candid with the Government as to the most recent occurrence. This wilful falsification is in violation of 18 U.S.C. 1001. Clearance Denied.

National of both Israel and the U.S. who worked for 5 years after his U.S. naturalization in Israel on a U.S.-sanctioned and -funded project, who obtained and used an Israeli passport after his U.S. naturalization only in compliance with Israeli law to enter in and depart from Israel (twice in the last 13 years for Bar Mitzvahs of his sons), and who has immediate family members living in Israel, is held eligible for retention of U.S. security clearance based on his willingness to renounce his Israeli citizenship and turn back his Israeli passport if he ever receives pressure on himself or on his relatives to reveal classified information, based on his respect for the State of Israel which he separates in his mind from any current Israeli government, and based on his extensive U.S. assets and lack of assets in Israel. Clearance is granted.

Obtaining and renewing an Iranian passport and using it once 7 years ago after being naturalized 11 years ago was mitigated by complete loyalty to the U.S. after 22 years of U.S. residence, an American wife and two American daughters, and a willingness to renounce Iranian nationality; the residence in Iran of an aged mother and four siblings was mitigated by a credible willingness to sacrifice them in the event of a hostage threat rather than betray the U.S.; Administrative Judge has no authority to dismiss an industrial security clearance case assigned to him on jurisdictional grounds. Clearance is granted.

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.

Applicant was delinquent on financial obligations totaling more than $26,000. His only explanation for how he got into debt was the easy credit which had been extended to him. He claimed he had negotiated repayment plans with several creditors and was making payments pursuant to those plans, but provided no documentation of either plans or payment. Clearance is denied.

Applicant's repeated falsifications, omissions, and concealment of substance abuse history from his security clearance paperwork, including his Security Clearance Application (SF 86) in 1996 and 1998 (after having been granted a SECRET security clearance in 1996), initially because of a fear that the truth might prevent him from obtaining a security clearance and possibly even eliminate him from consideration for the job itself; and eventually because of three concerns: (1) a fear the truth might result in his not getting a particular position for which he was applying; (2) he might lose his current job; and (3) he was aware of his prior falsification, and wanted his false responses to be consistent; and his maintaining the lie until March 1999--seven months prior to the closing of the record--raise grave questions and doubt as to his security suitability and eligibility. Clearance is denied.

Applicant has a history of alcohol and heroin abuse. Although he abused heroin daily for a six month period in 1996, the stressors which caused such abuse are no longer present. While he has managed to drink in moderation since May 1998, his attendance at AA has declined appreciably over the past few months. He continues to drink beer on a regular basis despite being assessed as at high risk for alcoholism. On probation for assault and battery until April 2000, it is too soon to conclude he is safely rehabilitated from his alcohol abuse or criminal conduct. Clearance is denied.

Applicant's dual citizenship, including possession and use of a valid foreign passport, with no showing of a clear preference for the United States has not been mitigated. Clearance is denied.

Applicant was born in Jordan where he has a passport and his relatives still live. He has casual and infrequent contact with his relatives. He came to the US in 1979 and became a naturalized citizen in 1991. In the last twenty years he has visited his family four times in foreign countries. On occasion Applicant was required to show his Jordanian passport to get an exit permit to leave Country A. He never traveled on his Jordanian passport. Applicant has no financial or banking investment or interest, real or personal property, educational, medical, social security, social welfare, or retirement benefits in a foreign country. Applicant does not demonstrate foreign preference and is not subject to foreign influence. Clearance is granted.

Applicant's sixteen minor arrests in twelve years were mitigated where Applicant had made a concerted effort to reform his conduct and had no further law enforcement involvement since November 1995. However, falsifications of his arrest record in September and November 1999 suggested he could not be relied to report truthfully if the truth was contrary to his personal interest. Clearance denied.

Applicant's failure to address his longstanding debts precludes a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.

Applicant's recreational abuse of marijuana was recent--within two weeks of the hearing--frequent, and spanned a period of over thirty years. Applicant's conditional willingness to refrain from using marijuana was insufficient to demonstrate the intent to refrain from drug use contemplated by the Directive. Clearance denied.

A native-born U.S. citizen, the Applicant applied for a foreign passport when he was 18 years old (thereby affirming his foreign nationality based upon his mother's nationality), renewed the foreign passport after it had expired, and refuses to renounce it and his foreign nationality prior to the expiration of the passport; adverse information was unmitigated by non-use of the foreign passport at all times; Administrative Judge has no authority to dismiss an industrial security clearance case assigned to him on jurisdictional grounds. Clearance is denied.

The "active" exercise of dual citizenship by Applicant--a native-born citizen of Israel and a naturalized citizen of the United States--as evidenced by his possession and use of his Israeli passport, primarily for personal convenience to enter Israel to visit with his Israeli sister and to conduct his employer's defense contracting business; as well as his continuing financial interest in Israel, are possible indicators of a foreign preference for Israel over the U.S. and raise the potential for vulnerability to coercion, exploitation, or pressure to compromise classified information. Under the specific facts in evidence herein, the Government's security concerns have been mitigated by Applicant's strong preference for, and demonstrated loyalty and allegiance to, the United States, over Israel; and his expressed unequivocal willingness to renounce his Israeli citizenship. Applicant is not viewed as susceptible to exploitation. Clearance is granted.

Although the Applicant has addressed his financial difficulties, he was less than candid about his past criminal conduct and drug abuse on a recent Security Clearance Application. This wilful falsification is a violation of 18 U.S.C. Section 1001. Clearance Denied.

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.

A tax dispute arose between Applicant and the IRS concerning the tax consequences on the sale of his home in 1989. The dispute has not been resolved in 6 years. Applicant owes $115,000 in back taxes for tax years 1994, 1995, and 1996. There is no good faith effort to repay these taxes. Clearance is denied.

A felonious act of sexual misbehavior six years ago, even though in absence of evidence of emotional, mental, or personality disorders, was unmitigated by a nolo plea and commencement of court-ordered probation and group therapy within the last year. Clearance is denied.

In 1996, Applicant was arrested on two counts of grand larceny (felony). He pleaded guilty to two misdemeanor counts of petit larceny. Applicant failed to reveal the arrests when he completed his Security Clearance Application fearing he would not get the job if he listed the arrests. Clearance Denied.

Applicant's regular, occasional abuse of marijuana, including purchase and use, during the period 1975 until March 1998, and especially after having been granted a SECRET security clearance in November 1995, all of which ceased only after a random drug urinalysis registered "positive" for marijuana (along with three other subsequent "positive" tests); and, to a lesser extent, his occasional use of cocaine, during 1975-77; his diagnosis of marijuana abuse by a credentialed medical professional; his continuing "denial" of a drug problem; and, other than abstinence from cocaine since 1977 and from marijuana since March 1998, the paucity of evidence of rehabilitation; raise grave questions and doubt as to his continued security suitability and eligibility. Clearance is denied.

Two DWIs, repeated arrests for public drunkenness, and a failed alcohol rehabilitation inpatient program eight years ago were mitigated by about a year of abstinence, a resolution to remain sober for the rest of the individual's life, and a network of supporting and reinforcing people in a very small and nosy rural community; omission of two arrests for public drunkenness on an SF-86 were due to ignorance and an imperfect memory rather that a deliberate attempt to falsify. Clearance is granted.

Applicant was born on the Caribbean Island of Nevis 40 years ago but has resided in the United States during most of the past 20 years and became a U.S. citizen in 1996. Although his parents and one sister continue to reside on Nevis, and he owns undeveloped land on the island, foreign influence is found mitigated by more substantial financial interests in the United States and by the U.S. citizenship of his wife and four children. His one-time use of his St Kitts and Nevis passport since becoming an American citizen is found mitigated by his more frequent use of his U.S. passport. Clearance is granted.

Criminal harassment of the Applicant's wife and criminal trespass into her residence at a time when she had left him and their two children some six years ago were mitigated by his current rehabilitation, his remarriage to another woman, and the peaceful relations between his ex-wife and him that has now been demonstrated over the past 15 months; alleged prior misdemeanor assault was not in fact criminal although he pleaded guilty and remains on probation. Clearance is granted.

Applicant's deliberate material falsifications on his employment application and on three security clearance applications have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

When Applicant completed his Security Clearance Application, he failed to disclose his use of illegal drugs, 7 arrests related to drugs or alcohol (several of which occurred more than 10 years ago), unpaid judgments, delinquent debts, and his being a party in a civil litigation. Although Applicant had a history of abusing alcohol prior to 1990, he had not been involved in an alcohol-related incident since 1990, and there was no evidence of excessive alcohol consumption in the past nine years. Clearance is denied.

Applicant was born in Brazil, but came to the USA in 1986. He became a US citizen in 1995 and immediately obtained a US passport. While the Government asserts security concerns over Applicant's possible foreign preference raised by his exercise of dual citizenship and his past possession and/or use of a foreign passport on one occasion in 1996 after he became a US citizen, Applicant has rebutted those concerns by the actions he has taken to renounce his Brazilian citizenship. While he has Brazilian family ties, his family are not linked to the government and do not give any signs of being unacceptable security risks. He has casual and infrequent contact with his Brazilian family members. His wife and her family were born in Brazil, but now live in the USA. Her mother is already a US citizen, and she and her father are in the process of getting their US citizenship. There is no credible evidence of foreign influence from these Brazilian family ties. Clearance is granted.

Applicant's pattern of minor criminal conduct and his recent conviction for aggravated assault--for which he remains on probation until 2004--were not mitigated where record did not reflect that Applicant had complied with court-ordered anger and domestic violence counseling. Clearance denied.

Applicant abused alcohol to late July 1998 and prescription drugs to mid December 1997, both to the point of medically diagnosed dependence. He completed drug and alcohol rehabilitation programs in 1983 and 1987 without success. He left a recent alcohol and drug treatment program in November 1997 after only a few days. While he completed a subsequent outpatient program in January 1998, he relapsed into abusive drinking in July 1998. He was not completely candid about the extent of his alcohol and drug abuse on a November 1997 SF 86 or in a July 1998 sworn statement. Clearance is denied.

The Applicant has made a good-faith effort to resolve his financial difficulties. However, he is an admitted alcoholic who consumed the intoxicant only nine months ago. Clearance Denied.

Applicant's undiagnosed alcohol abuse, resulting in two alcohol-related arrests in 1993 and 1998, and his continuing probation until October 2000, while of security significance, have, nevertheless, been mitigated by his positive changes in behavior supportive of sobriety. His falsifications, omissions, and concealment of his alcohol-related arrests and financial delinquencies on his Security Clearance Application in September 1998; and his changing explanations of "the truth," including an admission that he had knowingly lied, raise grave questions and doubts as to his security suitability and eligibility. Clearance is denied.

Applicant with pattern history of criminal conduct and deliberate concealment of drug use, drug-related arrest and work employment history and record fails to establish minimum requisites for holding a security clearance. Clearance is denied

Applicant's falsification of his arrest record on his security clearance application suggested he lacked the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Applicant admits he violated his federal agency rules in 1995 when he download pornography (including child pornography) from the Internet unto the agency LAN. When questioned about his conduct by the IG in 1995 after he left his federal job and started his new job with a federal contractor, he admitted personal use of his federal computer in downloading "R" and "X" rated binary pictures which could not be seen until they were download and that he would then review the pornographic pictures and keep the ones he liked and delete others. This conduct also raises security concerns about his personal conduct as he did not admit these questionable 1995 actions when questioned by the DSS agent in his October 1998 security interview. While he did not list his federal employment nor this incident on his SF 86, I accept that he did not omit this data intentionally; he was never disciplined by the agency nor prosecuted for his 1995 actions. Neither did he violate the criminal felony rules on falsification. While his 1995 sexual behavior is questionable, there is no evidence that he has continued this interest in pornography. Clearance is denied.

Applicant tested positive for marijuana in employer-administered random urinalysis nine months before the SOR was issued. In his signed, sworn statement to the DIS, he admitted using marijuana prior to the positive urinalysis, but stated he had used it on only one other occasion in the previous seven years, and that he did not intend to use marijuana or other illegal substances in the future. Clearance is granted.

Applicant's improper use of his company's computer to access pornographic sites on the Internet, in violation of company policy, has not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.

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

This 38-year-old Applicant failed to timely pay his Federal and state income taxes in 1994, 1995, and 1996 (and failed to timely file his Federal returns in 1994 and 1995). He owed over $42,000. His efforts to resolve the tax delinquencies were inconsistent until recently. He spent money on expensive cars and other items, instead of taking care of his tax obligations. He has done too little too recently to have demonstrated rehabilitation. Clearance denied.

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.

Applicant's pre-1996 criminal offenses--all of which were related in one form or another to his alcohol abuse--were unlikely to recur now that Applicant was sober; however, his wilful falsification of his clearance application in 1998 suggested that he could not be relied upon to speak the truth if the truth presented potential adverse consequences to his personal interests. Clearance denied.

Applicant did not disclose on his February 1998 SF 86 charges of assault filed against him in 1992 and 1993 or a vehicle repossession debt incurred in 1997. He has made little effort to satisfy the repossession debt or two outstanding credit card debts delinquent since at least 1995. Clearance is denied.

Applicant's initial financial predicament can be directly attributed to circumstances largely beyond his control when taxes, loans, business bills, and attorney fees--all generated by persons other than Applicant, and which were previously ordered to be paid off by the ex-husband of Applicant's new wife--were ignored, and creditors turned their attention first to Applicant's wife, and eventually to Applicant. In endeavoring to pay off federal and state income taxes and a lien on his residence, his attention was diverted from the routine handling of his customary financial obligations. Applicant's actions in prioritizing his financial obligations by first addressing taxes, and then preventing foreclosure on his residence, before eventually paying off the remaining creditors, including his own, cannot be attributed to a mismanagement of finances or an unwillingness to timely satisfy those debts. Clearance is granted.

While unemployed and recovering from serious injuries received in an automobile accident, Applicant was peripherally involved in marijuana trafficking, more than six years before the SOR was issued. He pleaded guilty to a misdemeanor charge and was sentenced to 18 months probation. Conduct was found mitigated by the passage of time, and because it was an isolated event where the factors leading to the conduct are unlikely to recur. His explanation for omitting a 1995 DUI arrest (the charge was subsequently withdrawn) from his SF 86 was found to be credible. Clearance is granted.

This 47-year-old man was involved in three thefts by use of a stolen credit card in 1988. He lied about the thefts on his 1997 security clearance application and in a December 1998 sworn statement to the Defense Security Service. No mitigation was established. Clearance denied.

The Applicant's drug involvement was distant enough in the past so as to not be of present security significance. He was less than candid, however, about his drug abuse on his 1998 Questionnaire for National Security Position. This is also a violation of 18 U.S.C. Section 1001. Clearance Denied.

Applicant's addiction to methamphetamine and alcohol, with diagnoses and treatment, followed by relapses, and two recent arrests, and his deliberate material falsifications on his security clearance questionnaire, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

$22,000 of past due credit card debts owed by an enlisted man, who has had a part-time civilian job with a government contractor for more than the last two years, is mitigated by a frugal lifestyle, seeking out CCCS assistance, and the recent prudent filing of a Chapter 7 bankruptcy petition. Clearance is granted.

During his divorce the applicant incurred 10 debts owing approximately $53,000. During the last nine months, applicant and his current wife have been able to reduce their overall debt by $17,000. Prior to and following the one year period, while the divorce was pending, the applicant had good credit. Clearance granted.

Applicant incurred many financial problems when he was hit in 1994 while on his motorcycle. While his personal injury litigation has been complex and protracted, he intends to use the proceeds of the litigation to cover his many medical and other related expenses from the accident that were not covered by the state no-fault provisions. No financial problems before or after this accident are documented. Clearance is granted.

Applicant's intentional falsification of material facts on a security questionnaire precludes a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.

Applicant's deliberate material falsification on his security clearance application and during an interview with DSS have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Given the absence of evidence showing rehabilitation under personal conduct, criminal conduct, and financial considerations, Applicant has failed to meet his ultimate burden of persuasion under the specific policy factors or the general factors of the whole person concept. Clearance is denied.

U.S. naturalization 29 years ago and the absence of any exercise of foreign nationality since then mitigated dual nationality based solely on birth abroad; foreign property interests were minimal in comparison with U.S. property interests; NISPOM 2-203 inapplicable where adjudicatory standards of foreign influence were weakened since earlier security clearance investigation. Clearance is granted.

U.S. naturalization 29 years ago and the absence of any exercise of foreign nationality since then mitigated dual nationality based solely on birth abroad; foreign property interests were minimal in comparison with U.S. property interests; NISPOM 2-203 inapplicable where adjudicatory standards of foreign influence were weakened since earlier security clearance investigation. Clearance is granted.

Applicant developed financial problems in 1992-94 when he was assigned overseas in the military and was unable to resolve debts of approximately $2,000 to three creditors on his return after leaving the military. (He successfully challenges debts to two other creditors listed on his credit report as the Government had no more reliable evidence to oppose his denial.) He now has resolved and has a plan to resolve all of his admitted debts. To advance himself he is attending college, has recently been promoted, and has favorable prospects for the future. He was a realistic financial plan to act responsibly in the future. Clearance is granted.

Although Applicant's 1990 chapter 7 bankruptcy was due primarily to the breakup of her marriage and a recent period of unemployment, her continuing financial difficulties were due to her financial mismanagement. While she had recently begun regular payments on a chapter 13 plan--after two other failed chapter 13 plans within the last year--it was too early to conclude that her financial problems were over. Clearance denied.

The Applicant has done little to satisfy his past due indebtedness. He was also less than candid about his financial difficulties on four separate occasions. These repeated wilful falsifications are violations of 18 U.S.C. Section 1001. Clearance Denied.

This 49-year-old man has been diagnosed as a kleptomaniac and stole a variety of items from 1960 to about 1993. His psychologist corroborates Applicant's claim that he has learned to keep his urges under control and for the past six years and is likely to be able to continue to do so. Mitigation has been established. Clearance granted.

The recency and extent of applicant's criminal and dishonest conduct 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 parents, brother, and fiancé (cohabitants) are aliens seeking to become lawful U.S. residents, but do not present an unacceptable security risk otherwise presented in a "hostage situation" by a country whose interests are inimical to those of the United States; five credit card debts improvidently acquired by a young college student have not been serviced in the last two years. Clearance is denied.

Applicant is a citizen of the United States from birth and Israel since age 2. He came to the U.S. in early 1995 for graduate studies under a DoD sponsored program, during the course of which he made a technological discovery with significant military defense implications. He took it upon himself to alert his U.S. military grantors of the sensitive nature of his work, demonstrating thereby that he can be trusted to place this country's interests first. While he has used his foreign passport to visit relatives in Israel, it is out of necessity. He uses his U.S. passport for all other foreign travel. He intends to raise his children and pursue his academic career in the U.S. Willing to bear arms for the U.S. against all nations, he is willing to revoke his foreign citizenship but has not commenced the process out of fear that he will bring undue attention to his case. Close family members remain resident citizens of Israel, but the risk of foreign influence is sufficiently minimal. Clearance is granted.

Applicant's irregular, occasional marijuana abuse, on about 15 occasions, which commenced when he was about 18 years old, and continued for more than four years; his refusal, as a matter of principle, to state categorically that he had no intent to use marijuana in the future; his refusal to complete a required security form furnished by an official representative in connection with attaining familiarity with, and adherence to, the Department of Defense policy concerning drug use; and, other than abstinence since September 1997, the paucity of evidence of rehabilitation; raise grave questions and doubt as to his security suitability and eligibility. Clearance is denied.

Applicant's recent illegal drug involvement, occurring from January 1998 through May 1998; and his deliberate material falsifications in two sworn statements, and on his security clearance application have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Although Applicant's abuse of marijuana was recreational, he had not demonstrated an intent to refrain from drug abuse in the future where he had only recently disavowed drug abuse--and had earlier stated an intent to continue to use marijuana. Applicant's falsification of his drug abuse history suggested he could not be relied upon to speak the truth if the truth presented potential adverse consequences to his personal interests. Clearance denied.

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.

Regular use of marijuana, cultivation of three marijuana plants, experimental use of LSD and mushrooms, and use of powdered cocaine on about 20 occasions, all occurring during high school and college, were mitigated by an intent to never abuse drugs in the future, which was demonstrated over 13 months since graduation, and by positive changes in lifestyle. Clearance is granted.

This 40-year old Applicant amassed about $40,000 in debt beginning in the early 1990s. He still owes about $37,000. No financial rehabilitation has been demonstrated. Clearance denied.

Although Applicant's drug arrest was mitigated by the passage of time and isolated nature of the conduct, Applicant's falsification of the circumstances of that arrest suggested she lacked the judgment, trustworthiness, and reliability required of those with access to classified information. Clearance denied.

The Applicant has resolved his past financial difficulties; and as such, has established an excellent credit rating. Clearance Granted.

Applicant killed another by firearm in November 1985. Indicted for murder, he was convicted and sentenced to 5 to 99 years in prison. While serving his sentence, he appealed his conviction and was found not guilty following a second jury trial in 1990. In January 1991, he was charged with unlawfully carrying a concealed weapon after the police found a gun in his vehicle. The charge was subsequently dismissed. Applicant falsely denied that he was ever charged with a felony offense or with a firearms offense when he completed his security clearance application. Clearance is denied due to the doubts for his judgment, reliability and trustworthiness engendered by his intentional concealment.

Applicant's falsification of his security clearance application and subject interviews suggested he could not be relied upon to speak the truth if the truth was adverse to his personal interests. Applicant's continued consumption of alcohol after diagnosis as alcohol dependent suggested Applicant was a serious risk to revert to alcohol abuse. Clearance denied.

This 50-year-old man has a history of personal/criminal misconduct and falsifications stretching from 1968 to1998. No rehabilitation was demonstrated. Clearance denied.

Applicant's history of alcohol abuse--evidenced by five alcohol-related arrests and an alcohol-related medical treatment between December 1991 and April 1997--was not mitigated where Applicant had failed to comply with court-ordered treatment and presented no evidence of an alternative recovery program. Applicant's falsification of his alcohol arrests on his clearance application suggested he lacked the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Applicant's eight year history of alcohol dependence was not mitigated where Applicant's one year of sobriety was not rooted in any kind of recovery program. His multiple falsifications of his drug abuse history suggested he could not be relied upon to speak the truth if the truth was adverse to his personal interests. Clearance denied.

Although Applicant applied for--and obtained--foreign citizenship in 1997, and obtained a foreign passport in 1997 (which he used once in 1998), this conduct did not constitute foreign preference where Applicant was motivated by search for his ethnic roots and not by any intent to exercise the rights and benefits of foreign citizenship, particularly where Applicant had thirty plus years combined federal service, including military service in Viet Nam. Applicant's contacts with his foreign cousins--consisting of a one-week visit in 1998--did not subject Applicant to foreign influence. Clearance granted.

A falsification on a security clearance application was mitigated by the volunteering by the Applicant of the truth to correct the falsification seven months later at an initial DSS interview when the DSS agent had no information with which to confront the Applicant; another falsification on the same document was unmitigated by the circumstances argued by the Applicant. Clearance is denied.

In 1995, Applicant was arrested twice for felony child abuse for using excessive force in disciplining his daughter. Two years later, Applicant was terminated from his job for striking his girlfriend during an argument at work. When he completed his Std. Form 86 he listed only the most recent of the two child abuse arrests. Applicant has attended counseling for anger management, parenting skills, adaptive discipline strategies, and impulse control. The child abuse occurred four years ago and his firing occurred more than two and a half years ago. A psychiatric evaluation indicates he is an extremely low risk for violent acting out. He has made positive changes in his life and gained new insight into anger and parenting. Clearance granted.

Applicant, despite two military-mandated alcohol in-patient treatments, continues to drink to excess. He has had multiple alcohol-related incidents of spouse abuse and alcohol-related arrests in the 1992-97 period. In December 1995 the military honorably discharged him as an "alcohol rehabilitation failure." He admitted all of the SOR allegations and submitted no evidence of mitigation in response to the FORM. Clearance is denied.

Applicant's dual citizenship, including possession and use of a valid foreign passport, and maintaining a foreign bank account and real estate, with no showing of a clear preference for the United States has not been mitigated. Clearance is denied.

In 1990, Applicant purchased a boat that his ex-wife kept as a result of their divorce. The finance company got a judgment against Applicant in 1992. In 1998, Applicant failed to report the financial delinquency on his Security Clearance Application, Std Form 86. Applicant refused to sign a release to allow the DSS to obtain information from the creditor. Although financially able to pay the judgment, Applicant does not intend to pay the judgment, but to allow the passage of time to drop it from his credit report. Clearance denied.

Applicant's wife, stepdaughter, and mother-in-law live with him in the United States, intend to become naturalized Americans, and have minimal property interests in their native country. Clearance is granted.

Puffs on a marijuana cigarette passed around in a collegiate social setting on eight occasions over a four year period are mitigated by an intent not to abuse any drugs in the future, demonstrated by abstinence for a year while in the work-a-day world in a full-time, permanent position. Clearance is granted.

Applicant's history of alcohol abuse and diagnosis of alcohol dependence, followed by an intensive alcohol rehabilitation program, twelve months of sobriety and a favorable prognosis is sufficient evidence of reform and rehabilitation. Clearance is granted.

Almost 30 years of drinking, 3 DUI's, a diagnosis of alcohol dependence, and two brief periods of outpatient alcohol counseling were mitigated by positive changes in behavior supportive of sobriety, abstinence for the last 12 months, and a sense of love and responsibility toward his fiancée and her seven-year-old daughter. Clearance is granted.

In addition to being unwilling or unable to pay off a credit card debt delinquent since 1992, Applicant has been charged with passing worthless checks on six occasions between 1995 and 1998. While a financially distressed college student, he was arrested/cited 10 times and incurred more than $1,500.00 in fines for driving with a suspended licence between 1992 and 1997. Applicant did not list his arrests for passing worthless checks and for driving with a suspended license when he completed his SF 86 in May of 1998. Clearance is denied.

The Applicant has neither filed any of his outstanding income tax returns, nor paid any of his past due indebtedness. Clearance Denied.

Applicant's conduct, involving taking advantage of her position of trust by using "insider" information gained as the office manager of a federal credit union, and carefully timing her "kiting" of checks--the issuance of a bad check or similar fictitious or worthless financial instrument to raise money or maintain credit temporarily--for her parents and herself, in order to gain and maintain temporary personal and family financial security, reflects negatively on her judgment, trustworthiness, and reliability, and raises doubts as to her willingness to comply with rules and regulations. Clearance is denied.

Applicant with history of arrests as a teenager and omissions of her debts, drug activity and arrests in her SF-86, fails to absolve herself of lingering trust concerns relative to her security clearance application. Clearance is denied.

College student with some five years of occasional marijuana use who seeks conditional clearance that permits him to use marijuana does not adequately absolve himself of risks of future use. Clearance is denied.

Applicant, now a dual citizen, was born in a foreign country, but moved to the USA in 1989. He became a US citizen in 1995 and obtained a U.S. passport in June 1996. While before he got his U.S. passport, he traveled to his birth land on his foreign passport that alone does not establish foreign preference. After that foreign passport expired in July 1997, he has not renewed it, nor does he intend to do so. Since 1996 he was made trips using his US passport and plans to take any future trips to his country of birth using his U.S. passport. While his parents are now working in the country of their birth, they own property in the USA and intend to retire here. His father, a dual citizen, works for a privately owned corporation and neither parent has a link to the foreign government. His mother intends to become a citizen of the USA. There is no evidence that because of his ties to his parents Applicant might be subject to duress. Clearance is granted.

Infrequent marijuana use over seven years and an arrest for attempted marijuana possession were mitigated by abstinence over the last 18 months and a demonstrated intent not to abuse drugs in the future; SF-86 falsification denying use of marijuana was corrected promptly by the individual in good-faith without being first confronted with the facts of his use; DSS certified results of interview was excluded as an investigative report upon objection. Clearance is granted.

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.

Although the Applicant has now filed all of his income tax returns subsequent to tax year 1992, he has yet to address his past due indebtedness to state and Federal taxing authorities. Clearance Denied.

Throughout his brief, but rather tumultuous, military career--a career which ended prematurely in February 1996 when he was administratively discharged for misconduct involving minor disciplinary infractions--and apparently thereafter as well, Applicant has repeatedly resorted to falsification and deception, as well as blaming others for his problems. Applicant's subsequent discharge from a civilian position for alleged misconduct in April 1998, as well as his deceptions and falsifications on his Questionnaire for National Security Positions in July 1998, reflect negatively on his judgment, trustworthiness, and reliability, and raise doubts as to his security eligibility. Clearance is denied.

Applicant put a large addition onto his residence over the late 1980s to mid 1990s at a cost of $40,000. Finances became tight in the mid 1990s due to an unexpected freeze of his wages and over the next few years, three credit card accounts became seriously delinquent. By January 1999, he owed more than $17,000.00. He has since settled the debts with money withdrawn from his 401K account and intends to pursue financial counseling to avoid credit problems in the future. Clearance is granted.

Falsification of question on an SF-86 regarding felony charges and prior alcohol-related incidents were rebutted (1) by the misinformation provided the Applicant by his attorney at the time that no charges were preferred against the Applicant upon his payment of restitution and court costs and (2) by the Applicant's understanding that the prior alcohol-related incidents were not reportable because they were simply cited by private college campus police. Clearance is granted.

Applicant blamed his $47,000.00 in credit card debt to four years of unemployment and underemployment between 1992 and 1996. He did not provide any information about his financial situation prior to being laid off in 1992, and he did not provide any explanation for his total inaction and indifference toward his indebtedness in the three years since he has returned to work. Clearance is denied.

Applicant's use of marijuana from 1972 through May 1998 has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.

Applicant owes $41,000 on a judgment and nine overdue accounts. Applicant's current expenses exceed his income by $200 per month without any service on the debts listed in the SOR. Applicant is making payment on only two of the ten accounts. Applicant's financial difficulties were caused by easy credit and overspending. Clearance denied.

Applicant's isolated act of poor judgment, occurring over two years ago, is unlikely to be repeated. Clearance granted.

Although Applicant's initial financial trouble was due to circumstances beyond his control, he demonstrated financial irresponsibility by failing to address his debts in later years--when he had more than adequate means to pay his debts. His falsification of his financial condition suggested he could not be relied upon to state the truth if the truth was contrary to his personal interest. Clearance denied.

Despite treatment in 1991, Applicant returned to abuse of alcohol and prescription drugs. While to his credit he again sought treatment in 1998 and successfully completed it and now attends AA, it is still too soon to conclude favorably for him without a favorable prognosis from a medical professional. He continued to abuse prescription drugs after his security clearance was re-newed in 1997 as he did not report any of this adverse information on his 1997 EPSQ. His his admitted failure to disclose his relevant and material past illegal drug use, alcohol abuse and treatment on his 1997 security form compounding these other security concerns. Although in March 1998 he did reveal some of the relevant adverse information to his company, his past conduct in putting his own self-interest ahead of the national security interest in disclosure invokes personal and criminal conduct security concerns as well. Clearance is denied.

Applicant falsified a Personnel Security Questionnaire and Security Clearance Application (Std Form 86) concerning delinquent debt, bankruptcy filing, and repossession. Applicant gave false information to the DSS on four occasions concerning assaulting his wife. Clearance is denied.

Applicant continues to consume alcohol at the rate of a case or two of beer per month after treatment for alcohol dependence. He actively concealed the fact that he used marijuana in 1997, denying any drug use within the last seven years on two separate security clearance applications and during two DSS interviews. While he has been delinquent in his child support obligation, his financial problems were due to layoff rather than disregard. Clearance is denied due to ongoing alcohol, personal conduct and criminal conduct concerns.

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.

Applicant's twenty year history of alcohol abuse--culminating in two failed treatment efforts and diagnosis as alcohol dependent--was mitigated where Applicant had finally accepted his alcohol dependence, become actively involved in AA, and remained abstinent for over a year. Applicant demonstrated he had acquired the tools and support system necessary to maintain sobriety. Record evidence did not support conclusion that Applicant falsified his QNSP by failing to list his 1996 alcohol treatment. Clearance is granted.

Smoking marijuana about twice a month on average over 3+years in college and contributing to its purchase is mitigated by 15 months of abstinence, including 12+ months in the work-a-day world after graduation, and a demonstrated intent never to abuse drugs again. Clearance is granted.

Applicant consumed alcohol regularly for 20 years and was involved in alcohol-related incidents. However, only two of the four arrests (alleged in the SOR to be alcohol-related) were found to have involved alcohol. And these two arrests (the last occurring in September 1997) did not evidence a pattern. Applicant has not been diagnosed as alcohol dependent or as an abuser of alcohol and his past and current rate of consumption (5-6 beers per week) is not sufficient to warrant a conclusion he is a problem drinker. Clearance is granted.

The recency and extent of applicant's abuse of alcohol precludes a finding at the present time that his alcohol-related misconduct and unreliability will not recur. Clearance denied.

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.

34-year-old Applicant was unemployed from 1993 to 1996, resulting in $45,000 in delinquent consumer debt and massive child support arrearage. Since regaining professional employment, he has concentrated on child support payments, and had nothing left to make impact on consumer debts. Applicant has filed for Chapter 7 bankruptcy protection, relieving financial pressure. Mitigation and extenuation has been shown Clearance granted.

Several education loan defaults and outstanding obligations to repay other debts were unmitigated by confusion as to whom some of the debts were owed and pervasive poverty in absence of good faith attempts to make part payments, seek counseling, or consider bankruptcy options; omissions on SF-86 application were the result of innocent mistake or misunderstanding, rather than deliberate falsification. Clearance is denied.

Applicant with history of unresolved debts (including several taken to judgment), although extenuated considerably by a past divorce and unemployment, made no tangible effort to resolve his debts with his available resources and fails to mitigate current security concerns. Clearance is denied.

When Applicant completed his security form in 1998, he failed to list two arrests he thought were so dated that he no longer need to record them. However, he did list as references three individuals with whom he had worked and who know of his 1988 DUI arrest and/or his 1991 felony arrest. He credibly states he had no intent to conceal this adverse incident from the Government. When he was questioned about his 1988 DWI arrest and his 1991 felony arrest he provided full details to the DSS agent who found him believable. Clearance is granted.

Applicant was arrested for felony child abuse after slapping his son. Applicant completed anger management and parenting counseling. The Applicant complied with the conditions imposed during the period of deferred prosecution. He successfully completed the pre-trial intervention program and the charges were nol-prossed. Clearance granted.

Acquisition at age 61 of citizenship in the country of the individual's national origin and the spur-of-the-moment use of its passport on one occasion within the last 3 years were mitigated by his demonstrated fidelity to the United States and its economic interests which he has represented for many years in international trade negotiations and his benign interest in the common roots of his extended family. Clearance is granted.

Three DUI's were not mitigated by alcohol counseling, continued AA attendance, and support of a high-level supervisor in light of his current drinking; falsification of a DSS statement concerning his drinking in the previous 6 months was also unmitigated. Clearance is denied.

Applicant filed bankruptcy petition in 1998 after accumulating $35,000.00 in credit card debt, and borrowing an additional $35,000.00 from her mother. During the previous seven years, she admitted much of the credit card debt was attributable to discretionary consumer purchases. She also admitted spending from $5,000.00 to $6,000.00 annually on state lottery tickets. Even after $35,000.00 in credit card debt was discharged in bankruptcy, Applicant continued to spend $30.00 weekly on lottery tickets. Clearance is denied.

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.

Applicant had a judgment and nine accounts turned over for collection. Applicant has failed to pay the debts or reach a repayment plan with the creditors. Applicant was twice arrested and charged with passing worthless checks and also arrested for petit theft. On his Standard Form 86 Applicant failed to list the charges and arrests. He also failed to indicate his financial delinquencies on the form. Applicant falsely stated he had never been contacted by the creditor after a judgment had been entered against him. Applicant falsely stated his financial trouble started when he changed jobs but he was already experiencing financial difficulty prior to changing jobs. Clearance denied.

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.

Failure to report gifts received over ten years ago on annual public financial disclosure forms (SF-278s) and a plea bargain to two misdemeanor counts were mitigated because the alleged offenses were not recent; a ten year pattern of acceptance by a government procurement official of favors from a government contractor was unmitigated considering its egregiousness. Clearance is denied.

Given the number of alcohol-related incidents in thirteen years. the total absence of rehabilitative evidence demonstrating positive behavioral changes, there is an impermissible likelihood that Applicant's past alcohol abuse may recur in the future. Clearance is denied.

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.

Over a year of marijuana use, purchase, and sale, and an arrest for felonious marijuana distribution while in college were mitigated by abstinence for two and a half years since and successful completion of a drug education program; deliberate minimization of the extent and duration of marijuana use on a security clearance application was unmitigated. Clearance is denied.

Applicant naively took a friend of his brother's to a crack house and was arrested in March 1998 for possession of cocaine as he was stopped by police who found cocaine in his car. Although he protested his innocence, he made a pragmatic decision to plead guilty in June 1998 and was placed on 5 years probation and given deferred adjudication. He expects his probation to be ended early. He persuasively denies any drug use except for limited and dated marijuana use in the early 1970's while he was in military service. The unique circumstances of this case and his overall credibility lead to mitigating circumstances. Clearance is granted.

The Applicant was convicted of felonious conduct, which occurred less than 14 months ago. He is still on probation for that conviction. Clearance Denied.

Applicant developed financial problems after he retired from the military in 1991, including a debt to the IRS, which he promptly addressed with a monthly payment plan. He also promptly resolved a child support arrearage and has no further liability to that child. His other debts have been addressed in a Chapter 13 bankruptcy petition which he anticipates will be granted. He is highly regarded at his place of employment and his prospects for future favorable financial behavior are high. Clearance is granted.

Applicant's inability to follow security regulations, as evidenced by eight security violations since 1985, 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 used marijuana three times during the past 5 years. His most recent use was 7 months before the hearing. Applicant's usage was infrequent. Clearance is granted.

The Applicant was less than candid about his recent arrest on his Security Clearance Application. This wilful falsification is a violation of 18 U.S.C. Section 1001. Clearance Denied.

Applicant was alleged to have falsified a questionnaire and a sworn statement. Compelling evidence shows that there was a transcription error between original questionnaire and electronic version. Evidence also shows that the sworn statement was truthful. Adverse inference overcome. Clearance is granted.

Applicant was born in a foreign country, came to the United States as a student in1986, and became an American citizen in 1995 (four years before administrative hearing). He had married an American citizen in 1992. In 1995 and 1996, he used the passport issued by his country of origin to visit his parents because American citizens were forbidden from traveling to that country. In 1998, Applicant allowed his foreign passport to expire and in 1999, he wrote a letter to the embassy of his native country asking to relinquish his citizenship in that country. The security concerns raised by Applicant's exercising dual citizenship and by members of his immediate family being citizens of, and residing in, a foreign country were found to be mitigated. Clearance is granted.

Applicant's history of alcohol abuse, and his deliberate material falsifications on his security clearance application have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

In view of Applicant's intentional falsifications of her remaining debts in July 1998, and her containing belief she did not falsify the form, I am unable to confidently conclude that the past financial problems will not recur in the future. Clearance is denied.

Applicant's regret, without any independent, extenuating or mitigatory evidence or other character evidence falls short of meeting her burden of persuasion under the personal and criminal conduct criteria. Clearance is denied.

Three domestic violence incidents, two thefts, a firearm offense, and an SF-86 falsification during 1991-98 were unmitigated; four small debts delinquent since 1992-97 plus more than $24,000 owed for back child support debt were also unmitigated. Clearance is denied.

Two DWIs and a conviction for driving while on a suspended license within the last five years, resulting in habitually offender license revocation status, was unmitigated. Clearance is denied.

Falsification about three years ago of an SF-86 about full duration and extent of marijuana use and continued falsification on such matters during security investigation interviews four months later were unmitigated; violation of 18 U.S.C. section 1001 was mitigated by Applicant's correction of the falsifications two-and-a-half years ago. Clearance is denied.

The Applicant used drugs extensively over a period of about 25 years, and as recently as only 20 months ago. He was also less than candid about his past drug abuse on his Questionnaire and in two subsequent sworn statements, violations of 18 U.S.C. Section 1001. He has, however, addressed his financial problems to the best of his ability. Clearance Denied.

The Applicant has initiated a good-faith effort to resolve her financial difficulties. She was not required to file the tax return in question. Clearance Granted.

Over 20 years of alcohol consumption to excess and four alcohol-related incidents, including the felonious phoning of a false bomb threat to the police while the Applicant was drunk 30 months ago, were not mitigated by sobriety for the last nine months assisted with some AA attendance and counseling sessions. Clearance is denied.

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.

Applicant, born and raised in Israel, is a dual citizen of Israel and the United States since becoming a US citizen through naturalization in 1973. Required to obtain an Israeli passport in order to exit the country during a visit to see his mother in 1977, Applicant has used his United States passport when traveling to all other nations. Foreign military service was completed prior to his US citizenship. He is willing to renounce his foreign citizenship if necessary to obtain his clearance. Family members who are resident citizens of Israel do not raise sufficient foreign influence concerns to warrant denial of access. Clearance is granted.

Abuse of drugs over an 18-month period is mitigated by abstinence for nearly the last three years and a demonstrated intent not to abuse drugs in the future; lack of evidence corroborating applicant's admissions in response to the SOR held to be significant in a non-hearing case governed by specific provisions in the applicable DoD Directive; falsification of SF-86 less than a year ago is unmitigated. Clearance is denied.

Falsification of security clearance applications in 1994 and 1997 and two statements signed during personnel security interviews in 1994 concerning a history of illegal drug use was unmitigated by evidence that Applicant was advised by his Army recruiter in 1993 to conceal that history. Clearance is denied.

Applicant's claim he was not trying to conceal information is belied by the enormous amount of material information missing from the form, and in the meticulous manner in which Applicant completed other portions of the form. Clearance is denied

Applicant's history of alcohol abuse which includes four arrests for Driving Under the Influence of Alcohol; and his deliberate material falsifications on his security clearance application, and in a sworn statement to DSS, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant has used alcohol, occasionally to excess, from 1985 to 1998. Three arrests for Driving Under the Influence in 1993, 1995 and 1998. Still on probation for last arrest. Insufficient mitigation is found. Clearance is denied.

Applicant's affirmative job performance evidence, and the mitigating evidence in rehabilitation, is not sufficient to overcome the negative evidence of Applicant's eleven year history of excessive alcohol consumption, exemplified by five alcohol-related incidents. Clearance is denied.

Applicant's shoplifting offense--from his employer's parent company--and his subsequent loss of employment raised doubts about Applicant's fitness for access to classified information which was not mitigated where Applicant failed to provide any evidence in explanation, mitigation, extenuation, or rehabilitation. Clearance denied.

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.

Applicant had debt problems which were exacerbated by being laid off from work and personal problems. She has paid most of the debts, and is diligently working to resolve the others. Adverse inference is overcome. Clearance is granted.

Applicant's failure to offer any independent evidence of reform precludes a finding that he is now reliable and trustworthy. Clearance denied.

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.

Applicant's positive character evidence from his job and his neighborhood has been carefully examined. However, the character evidence does not sufficiently diminish the lingering doubt raised by Applicant's criminal conduct and intentional falsifications in 1987 and July 1998. Clearance is denied.

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.

Applicant abused marijuana to at least February 1999, hallucinogenic mushrooms to 1997 and LSD in 1994. He is likely to use marijuana in the future with his friends and may use hallucinogenic mushrooms if presented with the opportunity. He has a history of abusive drinking to at least October 1998 and misrepresented the extent of his illegal drug involvement on his SF 86. Clearance is denied.

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.

The Applicant last used marijuana more than 15 months ago. He has since moved to another state, no longer associates with drug abusers, and has taken on new responsibilities in support of his abstinence. Clearance Granted.

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.

While in college in 1996, Applicant took money from his employer and was charged with Theft by Deception. Because that was his first offense, he was admitted to the state's Pretrial Intervention Program and placed on probation in May 1997. He made full restitution to his employer, met the terms of his probation, and the court dismissed the indictment in December 1997. In September 1998 a court ordered the charge expunged. This conduct may be mitigated as it was isolated and resulted from financial pressures that will not recur now that he has successfully established himself professionally. He has demonstrated his rehabilitation as he has stellar reviews and references from his company where he is seen as a person of high integrity and competence. Clearance is granted.

The Applicant has filed all of his Federal and State Income Taxes. His past due indebtedness is the result of conditions beyond his control. He has initiated a good-faith effort to resolve these debts. Clearance Granted.

About a half dozen incidents of solicitation of prostitution over a 3 year period, including one arrest on such charge, was not extenuated by grief over his father's death and a stressful relationship with a girl friend and was unmitigated inasmuch as the last incident occurred within the past year when he was 27 years old. Clearance is denied.

Applicant is a naturalized American citizen having immigrated to the United States with his parents when he was 11 years old. In 1994, he renewed the passport of his native country in order to visit his ailing grandmother at a time when U.S. citizens were prohibited from traveling in or to that country. While his allegiance is to the United States, he has retained citizenship in his native land for sentimental reasons. He has no other connections; he has not served in the military of his native country and there is no evidence he has received medical or welfare benefits, or that he has voted in any election. Clearance is granted.

Occasional use of marijuana in social situations when it was given to the Applicant was mitigated by his intent never to abuse drugs again, demonstrated by his abstinence during several years in the 1980's when he held a security clearance and during the past year or so. Clearance is granted.

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.

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

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.

Sexual misconduct over 12+ years, including compulsive public masturbation but not exhibitionism, was mitigated by cessation for the last 7-8 years and a favorable psychiatric prognosis; allegation of falsification of a DSS statement to the effect that Applicant did not intend to be seen by anyone else when masturbating publicly was refuted as being true in fact. Clearance is granted.

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.

Failure to file Federal and state income tax returns for 4 successive tax years until six weeks before the hearing was not mitigated or extenuated by an intention to file or by how busy the taxpayer was; financial allegations were mitigated by tax refunds for all 4 tax years; personal conduct allegations rejected as unsupported by independent evidence. Clearance is denied.

Applicant entered lease to rent two apt. units to conduct childcare business. Landlord failed to make repairs necessary to obtain state licensing. Loss of income led to applicant's other debts of about $5500. She is suing former landlord, has paid off some debts and is in negotiations to resolve others. Current debt is not excessive and she has demonstrated financial rehabilitation. Clearance granted.

This 48-year-old Applicant ran into financial problems caused by an unscrupulous business partner who filed a false Form 1099 with the IRS. Applicant was hit with a massive tax lien that resulted in his not filing tax returns for several years and going into debt to the IRS and a lender who had foreclosed on his house. Applicant received advice from the IRS, who later withdrew the lien. Applicant filed a successful lawsuit against the business partner and his business is beginning operation again. His failure to file the income tax returns was not "willful," and his debts are being resolved. Clearance granted.

Applicant with history of multiple arrests but no recent convictions or proven intentional omissions in her SF-86 mitigates past criminal behavior with showing of positive turnaround of life. Clearance is granted.

As of November 1998, Applicant was indebted in the aggregate $62,218.41 to fourteen creditors for consumer debts delinquent for the most part since 1997. He cannot predict when or if he will be able to satisfy his debts despite a net annual salary of more than $61,000 as he is supporting an adult stepson and minor grandchild in addition to paying the legal fees for a stepson in legal trouble. Clearance is denied.

The Applicant has done everything reasonably possible to renounce his foreign citizenship. His mother, father, sisters and brother represent no foreign influence vis-a-vis the Applicant. Clearance Granted.

Use of marijuana three months after deliberately lying on a SF-86 security clearance application (denying that he had used marijuana within the previous 7 years) was unmitigated by his more recent claim that he will not used marijuana in the future. Clearance is denied.

The Applicant was less than candid about his past marijuana abuse on his May 1997 Questionnaire for National Security Positions (QNSP), and again on his November 1997 QNSP. These wilful falsifications are violations of 18 U.S.C. Section 1001. Clearance Denied.

After almost twenty years drug-free, Applicant abused marijuana from late April 1998 to July 9, 1998, on a daily basis from about mid May 1998, as he sought to cope with depression and anxiety caused by the breakup of his marriage and terminal illness of his father. He has refrained from marijuana abuse since testing positive for the drug in a random urinalysis at work, continues to receive treatment from a psychologist, and has made significant lifestyle changes. Clearance is granted.

Applicant's wilful failure to file his federal income tax returns for 1993, 1994, 1995, 1996, and 1997, his stated intent to continue to fail to file, and his failure to resolve outstanding federal tax liens raised significant doubt about his fitness for access to classified information. Clearance denied.

The Applicant failed to disclose a fairly recent arrest and conviction on his Questionnaire For National Security Positions. This wilful falsification is a violation of 18 U.S.C. Section 1001. Clearance Denied.

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.

Although Applicant's high school and college use of marijuana was not frequent, he went overseas and purchased marijuana which he then used extensively in July 1998 even though he knew that such drug use and purchase were relevant to a security clearance decision for his new job. He also did not reveal the fully extent of his use and purchase in his August 1998 security form. While he volunteered his drug purchase in his initial DSS interview, he did not reveal the full extent of his overseas drug use until the time of the hearing. Clearance is denied.

Applicant had prepared her own prescription for a controlled substance (a diet drug) on a friend's computer. When she attempted to have the prescription filled, she was arrested and charged with a class A misdemeanor. Except for this incident, Applicant had an unblemished record with no prior arrests or involvement in other misconduct. In addition to participating in counseling, Applicant demonstrated successful rehabilitation through the insight she expressed about her obsession with her weight. Clearance is granted.

Applicant intends to continue smoking an "occasional joint." Clearance denied.

continued association with known substance abusers; and his offer of a conditioned willingness to forgo using marijuana in the future while working at his current facility, raise grave questions and doubts as to his security suitability and eligibility. Also, an omission or concealment must be "deliberate" or "willful"--essential conditions precedent--to a finding of criminality under Title 18, United States Code, Section 1001. Clearance is denied.

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.

Applicant's decisions to moderate his drinking and no longer drink and drive, together with his "clean" record during the past two years, lead me to believe that his alcohol-related misconduct will not recur. Clearance granted.

Applicant has four DUI convictions, the most recent occurring after outpatient treatment for abuse. He has not yet paid his fine or completed ASAP mandated after his September 1997 DUI due to lack of funds. In addition he owes in excess of $15,000 to eleven different creditors. While his financial problems are due in part to loss of income, he has not demonstrated sufficient change in his drinking habits or financial situation to warrant a favorable outcome. Clearance is denied.

Applicant's promises to repay his creditors do not substitute for actual, good faith efforts to resolve financial indebtedness. In addition, while he may have received counseling, apparently he is not satisfied with the counseling because there is little sign the counseling has helped him regain control over his financial obligations. Clearance is denied.

Applicant abused a prescription painkiller, cocaine and marijuana prior to April 1996. After snorting heroin over the late 1994 to spring/mid 1995 time frame, he abstained only to accept an offer from his spouse to use heroin with her in spring 1996. He became addicted to heroin, injecting it on a daily basis until July 1997 when he began methadone treatment. He relapsed on three to four occasions thereafter but has been in satisfactory treatment status since mid October 1997. He remains on methadone and, despite ongoing counseling at the clinic, has taken a prescription drug prescribed for his father. Clearance is denied.

As the result of an anonymous call to a DoD hotline, Applicant was questioned by DSS in May and July 1998 about a single act of masturbating while watching his adult stepdaughter (naked) through a bathroom window in August 1993. Embarrassed about the conduct, he lied about it during two interviews, but eventually admitted the conduct before retracting his admission in response to the SOR. A lie about a single sexual indiscretion five years earlier is not relevant and material to Applicant's security clearance eligibility. Applicant's history of voyeurism (12 incidents over 40 years) prior to 1994 was mitigated by the passage of time and testimony that he had undergone 14 months of counseling. Applicant's 1993 unauthorized removal of discarded property from a DoD contractor is also mitigated by the passage of time. Clearance is granted.

Use of marijuana over a 42-month period when age 17-21 in school is mitigated by sobriety for the last 17 months due to self-rehabilitation, an unmistakable intent to abstain from all illegal drugs, and entry into the workplace in a job the Applicant enjoys and is appreciated. Clearance is granted.

Applicant's history of alcohol abuse which includes seven alcohol related incidents, a diagnosis of alcohol dependence, and continued drinking, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's abuse of marijuana--while recent and not isolated--was confined to her college years, and declined dramatically during her last two years of college. Drug abuse was mitigated where Applicant demonstrated a clear intent to refrain from drug use in the future. Clearance granted.

Credit card fraud perpetrated over about a year while in military service and deliberate concealment of the essential facts of that fraud were not mitigated because this was not an isolated offense and the individual did not promptly disclose the information to DSS until confronted with the facts. Clearance is denied.

Applicant's twenty year history of drug abuse was not mitigated where use was neither isolated nor infrequent; while drug abuse ceased nearly two years ago, evidence of rehabilitation lacked sufficient detail to support conclusion that drug abuse was unlikely to recur. Clearance denied.

Applicant was arrested twice for shoplifting. He failed to disclose the first arrest during a DSS interview. Clearance denied.

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.

Applicant's dated one-time use of LSD in 1995 and his marijuana use from 1993-98 and purchases can be mitigated. He has abstained from all drug use since January 1998, passed a drug test in June 1998, and has demonstrated his intent not to use drugs in the future. While he omitted his single January 1998 marijuana use from his security forms, his defense that he forgot is credible as he later voluntarily disclosed that use in his DSS interview; he thus made prompt, good-faith efforts to correct the omission before being confronted. There is no evidence that his omission was willful so the criminal conduct allegation is also resolved in his favor. His job record is outstanding and personal life now is stable which both demonstrate his maturity. Cleared is granted.

Applicant's wilful failure to file his federal income tax returns for 1995, 1996, and 1997 raised significant doubts about his fitness for access to classified information. Clearance denied.

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.

Applicant with history of multiple DUI's and other criminal arrests, and who omitted his arrests on his SF-86 and has failed to address his debt delinquencies, fails to meet minimum requirements for holding a clearance. Clearance is denied.

Applicant's deliberate material falsifications on three security clearance applications, and a sworn statement, concerning his past illegal drug involvement and drug related charges have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

After having nearly $23,000.00 in debts discharged in her 1997 bankruptcy petition, Applicant is currently behind in her payments on more than $6,000.00 of additional debt, all of it incurred since 1997. Applicant's 1995 arrest for shoplifting is not found to have been mitigated because of her continuing financial irresponsibility. Clearance is denied.

Accessing/downloading child pornography over a 17-month period onto the applicant's home personal computer was not mitigated by cessation of activity nine months before the record closed inasmuch as the applicant does not want to reveal his past felonious behavior to anyone other than DoD security officials. Clearance is denied.

In view of Applicant's gainful employment in a permanent full-time position since August 1997; his military retirement pension since April 1985; a net positive monthly remainder, available for the repayment of outstanding financial obligations, of about $1,685.00, as of at least August 1998; his decision to stop paying his bills; and his refusal to communicate with any of his creditors to advise them of his employment circumstances, Applicant's continuing indifference to satisfying those outstanding financial obligations from 1991-93, totaling about $34,500.00, which resulted from two lengthy periods of unemployment or underemployment, leave grave questions and doubts as to his security suitability and eligibility. Clearance is denied.

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.

Twenty-eight years of sporadic marijuana use, loss of a job because of a positive marijuana test 4 years ago, conviction of marijuana possession 3 years ago, and deliberate concealment on an SF-86 application of the extent of marijuana use less than a year ago (followed shortly by additional marijuana use) was unmitigated by an intent to refrain from drug abuse in the future. Clearance is denied.

Applicant is delinquent in making payments on financial obligations to 24 different creditors with a total indebtedness of almost $70,000.00. He does not provide an explanation for how he came to be in this predicament. He has a respectable income, and his monthly living expenses are well within his ability to pay. Although $6,000.00 of his indebtedness is attributable to gambling debts, he denies being a compulsive gambler, admitting only that he gambles once monthly, spending from $50.00 to $100.00 on each occasion. Clearance is denied.

Applicant abused alcohol (1996 to 1998) and drugs (late 1997). His employer referred him for treatment after he tested positive for methamphetamine in November 1997, but he did not advise the treatment counselor of the full nature of his substance abuse problems. In March 1998, his employer warned him about excessive absenteeism, some of which was alcohol-related. No mitigation was shown.. Clearance denied.

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.

The Applicant, a dual citizen, has demonstrated a foreign preference by renewing her foreign passport in 1997, and using it to enter that country only six weeks prior to the hearing. Clearance Denied.

Applicant is 56 years old and has been drinking since age 14, and drinking to excess from 1983 to March 1998. Alcohol related arrests occurred in 1983, 1987, and 1998. Last arrest and conviction involved brandishing a gun and making threats . Did not complete treatment on 1998. No evidence of rehabilitation. Clearance denied.

Applicant has a 23-year history of excessive alcohol consumption; he has been arrested three times for alcohol-related traffic violations (most recently in January 1997); and he has been diagnosed by credentialed medical professionals as an alcohol abuser and as alcohol dependent. He continues to consume alcohol at the rate of three, four or six beers, five to six nights a week, and he admits driving at times when his blood alcohol level exceeds the legal limit. Clearance is denied.

Applicant, a 24-year-old engineer, had used illegal drugs, including marijuana, cocaine, LSD, and prescription drugs (not prescribed for him) a total of 41 times over five years, a period of time which included his senior year of high school and four years of college. He had not used any illegal drugs for the past 15 months and stated he did not intend to use drugs in the future. Clearance is granted.

From the late 1970s through 1996 Applicant stole from various employers. In 1998 she made a fraudulent claim with her insurance company. She lied to the DSS during interviews concerning her criminal conduct. Clearance is denied

Drug dealing 4-7 years ago and minimal use of marijuana then were mitigated by more recent abstinence, acceptance of family responsibilities, and demonstrated intent not to be involved in illegal drugs in the future; concealment of that drug history on an SF-86 and on a sworn DSS statement in the past year was unmitigated. Clearance is denied.

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.

The absence of rehabilitative evidence or evidence of other behavioral changes makes it impossible for me to forecast with a reasonable degree of confidence, that Applicant's past conduct will not recur in the future. Clearance is denied.

Despite treatment in 1995 for alcohol and cocaine dependence and marijuana abuse, Applicant continued to use alcohol and cocaine to 1998. Indeed he could not commit with certainty to avoiding the use of cocaine in the future so he was not demonstrated his intent not to abuse drugs in the future. Similarly, his continuing to use alcohol following treatment also raises security concerns. Compounding these security concerns was his failure to disclose any of his past illegal drug use on his security form and in his initial DSS interview. Clearance is denied.

Alleged police record falsifications of SF-86 and application for renewal of a handgun permit were refuted by finding that the individual attached the correct information to the SF-86 and application for renewal of his permit, which correct information was not in the possession of the Defense Security Service. Evidence of criminal conduct was mitigated by rehabilitation over the last 8 years. Clearance is granted.

Applicant is 37 and Applicant used marijuana about 2,000 times between 1977 and early 1998. He also purchased marijuana and used and purchased psilocybin mushrooms and amphetamines on a number of occasions between 1977 and 1996. He continued using marijuana in 1998, after becoming employed by a defense contractor and signing an acknowledgment of the company's anti-drug policy. No mitigation was established. Clearance denied.

Applicant with history of medically-related alcohol problems exhibits no record of alcohol abuse affecting judgment and has taken important mitigating steps with treatment and AA to avert any security related risks. Clearance is granted.

Applicant used cocaine and marijuana six times in the last six years. Applicant has abstained from marijuana for two years and from cocaine fourteen months. Applicant has changed her goals, friends, and lifestyle, acknowledged her mistake, has demonstrated an intent not to abuse drugs in the future, and was completely candid about her past drug use. Clearance granted.

The Applicant's alcohol consumption is evidenced by four DUIs, the most recent less then a year ago. He was also less than candid about his most recent DUI on his April 1998 SCA, a violation of 18 U.S.C. Section 1001. Clearance Denied.

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.

Even though the falsification of Applicant's security form constitutes an isolated event that occurred about thirteen months ago, Applicant has presented no evidence that makes me confident he will not engage in similar behavior in the future. Clearance is denied.

Although applicant provided false information to DoD, he did not do so knowingly and wilfully. Clearance granted..

Applicant's sexual misconduct with animals was not mitigated where conduct--which began when Applicant was an adolescent--resumed as an adult and where Applicant has received no counseling to deal with his sexual attraction to animals. Clearance denied.

Indebtedness, much of which is more than 6 years past due, little current income, and no financial assets are unmitigated by Applicant's naively applying for credit and allowing her ex-husband to run up the debts. Clearance is denied.

After being indicted on two charges of aggravated assault (a second degree felony) for intentionally and knowingly threatening the victim with imminent bodily injury with two deadly weapons (a handgun and a shotgun), Applicant pled guilty to one charge of aggravated assault. He was fined $4,000.00, sentenced to five years supervised probation, and required to perform 240 hours of community service. Although his criminal conduct was an isolated incident and he has expressed regret and contrition about his behavior, Applicant failed to sustain his burden of mitigating the security concerns raised by his conduct. Clearance is denied.

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.

Applicant with recurrent history of marijuana use over a thirty-year period, interrupted by only brief periods of abstinence while holding a security clearance, provides insufficient assurances of future avoidance and too little seasoning to absolve him of all recurrence risks. Clearance is denied.

The Applicant intentionally failed to file his Federal and State tax returns for tax years 1992 through 1997. He did this because he felt he did not have sufficient information to file accurate returns. All returns have been prepared and the Applicant indicates a credible intent to file all returns on a timely basis in future. Sufficient mitigation is shown to overcome adverse inference. Clearance is granted.

After a January 1998 one-car alcohol-related accident, Applicant sought out-patient treatment which he successfully completed. He has complied with the terms of his probation before judgement, has a favorable prognosis, regularly attends AA, has an AA sponsor, and is thriving in his marriage and job. Clearance is granted.

Applicants's recent use of cocaine and marijuana has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's use of marijuana from December 1994 until February 1998, has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.

Applicant received a citation for possession of marijuana and drug paraphernalia and was fined $200. The incident is the sole illegal drug possession in Applicant's life. Applicant has never been involved in any other adverse incident. Clearance is granted.

Occasional marijuana use over 21 years while knowing it was contrary to governmental and corporate policies was mitigated by 19 months of abstention as well as an intent not to resume drug abuse, enrollment in an outpatient education and therapy group, participation in an EAP rehabilitative program, random future drug screens, and positive monitoring by the individual's employer. Clearance is granted.

Applicant smoked marijuana five to six times weekly from 1979 to 1985. During the latter half of the 1980s his use varied from once per month to three times per week. Applicant also used cocaine on about fifteen occasions during the early to mid 1980's. Since 1991, he has used marijuana three times, to include twice in December 1997. In spring 1998, during his last semester of college, he resolved to forego any future drug involvement. He has maintained abstinence for a year. Clearance is granted.

Although Applicant's alcohol abuse had not resulted in alcohol-related incidents at work or away from work, that fact was insufficient to overcome the adverse inferences of alcohol abuse, where medical records in 1995-1996 documented a seventeen-year period of alcohol abuse and where Applicant's continued consumption of alcohol against medical advice--occasionally to the point of intoxication--suggested that alcohol remained a problem area for Applicant. Clearance is denied.

Even though Appellant used marijuana intermittently for fifteen years (and also used cocaine in the 1980's and used mushrooms once), he has now matured, stopped all drug use in March 1998, and has very favorable character references; thus his drug use and occasional purchase of drugs for his own use is mitigated by almost a year of abstinence, his demonstrated intent not to use illegal drugs in the future, and positive changes in his environment. Clearance is granted

Applicant used cocaine after being hired by contractor and within 10 months of the hearing and also used marijuana after being hired. Applicant had been terminated from a previous job, within two years of the hearing, for gross misconduct - falsifying time cards. Clearance is denied.

Thirty-seven-year old Applicant tested positive in urinalysis administered incident to his employment with DoD contractor. Although he had used marijuana regularly for three months prior to being hired, he did not have a history of drug use. He had never used marijuana during six years of military service or during 13 years of employment with another DoD contractor. He used marijuana during a time in his life when he was thinking of changing careers. At the time of his hearing, he had not used marijuana for ten months and stated he did not intend to use in the future. Clearance is granted.

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.

Applicant was addicted to heroin, using it 1995 through January 1998. His last use was 11 months before the hearing. Applicant is currently in a methadone treatment program and receiving counseling. When Applicant completed SF 86 he listed heroin use ending a year prior to the date he completed the form when in fact his use had ended three weeks prior the date he completed the form. Clearance is denied.

Applicant was involved in 5 arrests for driving under the influence of alcohol and one arrest for public intoxication between 1982 and 1997. Two DUIs occurred within one year of the hearing. Applicant had been out of jail 3 weeks at the time of the hearing and still had 15 months of probation to serve. Applicant has not received treatment following his last arrest. Applicant failed to list all of his arrests on his SF-86 due to bad advice he received from his supervisor. Found against Applicant for alcohol consumption and for the Applicant concerning personal and criminal conduct. Clearance is denied.

Applicant was convicted in 1988 and 1997 of welfare fraud. She has not completed paying restitution for 1988 conviction and remains on probation for 1997 conviction. She has approximately $35,000 in past due indebtedness and no current plan for paying it off. Adverse inference is not overcome. Clearance is denied.

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.

Appellant owes more than $120,000 to the IRS for back taxes for an eight year period; while he is now in negotiation with the IRS, at the time of the hearing he had no definite answers as to how he would resolve these past financial problems which he admits have not been a high priority for him. This pattern raises legitimate security concerns. Clearance is denied.

Applicant's criminal sexual misconduct in 1992, and his subsequent courts-martial conviction for (2) counts of Committing Indecent Acts Upon his Stepdaughter has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.

Applicant's relatively brief period of alcohol abuse during 1991-94; his two 1994 arrests for alcohol-related incidents; his rejection of AA; and his continued consumption of alcohol; have been mitigated by his new lifestyle and maturity (he is now 23 years old); continuing sobriety for 4 and 1/2 years; and apparent rehabilitation. Clearance is granted.

Applicant engaged in exhibitionism from 1988 to July 1997. Convicted twice of disorderly obscene conduct, he has since been involved in treatment for depression, anxiety and exhibitionism. His sexual behavior and criminal conduct are too recent to conclude he is successfully rehabilitated, especially in the absence of any medical evidence of his treatment progress or a current prognosis. Clearance is denied.

Applicant's recent illegal drug involvement, occurring in June or August 1997, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Occasional use of marijuana over 30 months in college and three purchases of the drug are mitigated by abstinence for a full year, an intent not to use illegal drugs in the future, and positive changes in his environment and associates supportive of abstinence. Clearance is granted.

Applicant's falsification of his arrest record on his security clearance application suggested he could not be expected to tell the truth if it conflicted with his personal interest; his criminal conviction coupled with his failure to resolve outstanding fine and bench warrant suggested he could not be relied to obey security regulations if he disagreed with them. Clearance denied.

Applicant's 1987-88 incidents of insurance fraud, characterized as attempted larceny and larceny, and his eventual dismissal from active duty as a direct result of his General Court-Martial conviction for same, as well as his subsequent (1990 and 1998) pattern of lies, falsifications, omissions, and concealment of his true history of personal conduct and criminal conduct on personnel security questionnaires and security clearance applications, as well as during interviews conducted by the Defense Security Service, raise grave questions and doubts regarding his continued security suitability and eligibility. Clearance is denied.

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.

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.

Applicant with pattern history of unresolved debts, bad check incidents, and SF-86 omissions fails to demonstrate unlikelihood of recurrence. Clearance is denied.

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.

Applicant with long history of alcohol-related incidents and no tangible rehabilitation efforts fails to mitigate raised security concerns, but does mitigate concerns created by abrupt termination of DIS interview by prompt rescheduling. Clearance is denied.

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.

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.

The Applicant, a dual citizen, has demonstrated a foreign preference by using his foreign passport, and by receiving free medical care from his foreign country of birth. Clearance Denied.

Applicant with history of accumulated bad debts and judgment attributable to a business failure and ensuing unemployment fails to mitigate (absence of good faith payment efforts and incomplete bankruptcy filing). Clearance is denied.

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.

Applicant's use and cultivation of marijuana from January 1998 until May 1998, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant owes the IRS $34,537 after office in home tax deductions taken for tax years 1990 through 1995 were disallowed by the IRS. In mitigation, he took the deductions in good faith and is currently in negotiations with the IRS. He also owes $81,147 in delinquent consumer credit card debt. While some of this debt can be attributed to an unforeseen decrease in income, his over-extension on credit cards prior to suffering a loss of income raises significant security concerns. Clearance is denied.

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.

While the Government instituted a case with regard to its security concerns over Applicant's drug involvement based on his history of intermittent marijuana use from 1987 to February 1998 with one time use of LSD in 1989, Applicant established his case in mitigation as his 1996-1998 drug involvement was limited, intermittent, and not recent. Applicant has abstained for nine months and now fully understands the security importance of abstaining from any illegal drug use in the future and is highly motivated to discontinue any illegal drug use. Clearance is granted.

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.

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.

Although Applicant had almost a twenty year history of illegal drug use and treatment with two programs, she minimized her past use not only on her initial security form, but also in her initial DSS interviews and statement. While her minimal cocaine and marijuana use can be mitigated, her other drug use cannot as it was too extensive, including intravenous use, and continued after treatment until December 1997. Neither do mitigation conditions apply to her personal conduct or criminal conduct as she did not reveal all relevant and material facts until after she was confronted by DSS with the medical records. Clearance is denied.

The Applicant has been involved in a long-running dispute with state and Federal tax authorities about his income. Applicant has paid the Federal levy, and most of the State's. He has always worked through the system and is resolving the situation in a satisfactory manner. Adverse inference is overcome. Clearance is granted.

During a 23 year period of alcohol abuse, punctuated by varying periods of abstinence, Applicant routinely consumed between five and 10 beers per session, two times per week, and was arrested for three alcohol-related incidents. His denial of the presence of an alcohol problem, despite having participated in several alcohol counseling programs; the diagnosis of credentialed medical professionals that he was either alcohol dependent or an alcohol abuser: his rejection of AA; and his continued consumption of significant quantities of alcohol, leave grave doubts as to his continued security eligibility. Clearance is denied.

Applicant's history of illegal drug use, and his deliberate material falsification on his security clearance application concerning his arrest history, and his illegal drug involvement have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

On four occasions Applicant had an opportunity o come forward with an accurate picture of either his criminal or drug history and Applicant chose to conceal information. Clearance is denied.

Considering Applicant's pattern of criminal behavior, which began in November 1996 and did not end until September 1997, and his intentional falsifications in April, May and June 1998, Applicant's simple admissions to all allegations, without any evidence in mitigation or explanation, compels the ultimate finding against Applicant under both the criminal and personal conduct criteria. Clearance is denied.

A history of bingeing, a diagnosis of alcohol dependence, two alcohol-related incidents, and relapses during outpatient alcohol rehabilitation were unmitigated by abstinence for 11+ months but no favorable prognosis; use of marijuana 12 times in the last 8 years, ceasing about a year ago, was mitigated by intent to refrain from drug abuse; concealment on SF-86 of one use of marijuana within the prior 6 months was unmitigated. Clearance is denied.

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.

Applicant's much earlier marijuana use (1975-87) and cocaine use (1986) and his more significant cocaine use in 1996-97 can now be mitigated as he has abstained from all illegal drug use for over two years and successfully completed drug counseling and demonstrated his intent not to abuse drugs in the future. While he did not give all the details correctly on his past drug use in a DSS follow-up interview in May 1998, he had previously provided those details and had no intent to falsify. A reference to 1979 cocaine use in a medical record alone is not enough to establish a case of falsification when the Applicant denies use at that point in time. Similarly, the Government failed to establish a felony falsification case based on the same facts. While his cocaine possession led to a state drug charge, the court placed him in a drug diversion program which he successfully completed and the charge was nolle prossed. He has now rehabilitated himself and an earlier arrest in 1984 for criminal trespass is no longer material. Clearance is granted.

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.

Applicant's dated college drug use and more recent cocaine use in 1996-97 can now be mitigated as she has abstained from all illegal drug use for over two years and successfully completed drug counseling, and demonstrated her intent not to abuse drugs in the future. While she did not give all the details of her college drug use in a DSS interview of August 1997, she credibly explained that she was focused on the more recent incident (which was the subject of an Adverse Information Report) and had forgotten details of her college drug use which she had previously fully reported. Similarly, the Government failed to establish a felony falsification case based on the same facts. While her cocaine possession led to a state drug charge, the court place her in a drug diversion program which she successfully completed and the charge was nolle prossed. She has now rehabilitated herself from this isolated incident. Clearance is granted

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.

Because the record is silent on (1) the type of treatment Applicant received in 1994 and 1997, and, (2) changes in Applicant's lifestyle or attitude about marijuana, Applicant has failed to carry his burden of persuasion under Criterion H. Clearance is denied.

The Applicant was less than candid about his past marijuana abuse on his May 1998 Security Clearance Application. This wilful falsification violated 18 U.S.C. 1001. Clearance Denied.

Applicant was convicted of felony trespass for being in his ex-finance's home. He had re-entered her home, without her permission, in an attempt to determine if she was seeing another man. Due to the isolated nature of the crime, the fact that the factors leading up to it are unlikely to recur, and due to rehabilitation, the matter is resolved in favor of the Applicant. Clearance is granted.

The Applicant's drug involvement covered a period of 15 years and ended less than eight months ago. He was also less than candid about his drug abuse on a 1997 Security Clearance Application in violation of 18 U.S.C. 1001. Clearance Denied.

Applicant's simple belief, whether erroneous or not, that he was a dual citizen of the United States and Pakistan, without more, is simply insufficient to constitute an "exercise" of dual citizenship. His previous, but now recanted, unwillingness to bear arms for the United States against Pakistan is not indicative of a preference for Pakistan over the United States. Willingness to take up arms against another country is not a mandatory condition of employment or for a security clearance. Despite the Pakistani citizenship of Applicant's wife, her intention to seek United States citizenship, as well as her United States residency status, minimizes the potential for foreign influence and negates any possible security risk. Applicant is not viewed as susceptible to exploitation. Clearance is granted.

Having weighed and balanced all the evidence under the specific as well as the general policy factors (whole person concept), the favorable evidence reflecting Applicant's ongoing therapy over the past 20 months, and Applicant's compliance with the other terms of probation, is insufficient to overcome his sexual misconduct and criminal conduct. Clearance is denied.

Applicant's thirty-two year history of alcohol abuse which includes an arrest for DUI, a diagnosis of alcohol dependence, and a relapse following treatment, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

Applicant's wilful failure to file his 1993 state and federal income tax returns without reasonable excuse has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.

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.

Appellant who is single has over $13,000 in debts to eight different creditors stemming from a period of unemployment in 1993-94; while he currently makes almost $60,000 annually, he has not initiated a good-faith effort to resolve his debts nor are there clear indications that his financial problems are being resolved. He contacted a financial advisor but did not follow through on his advice to set up a repayment schedule. Clearance is denied.

The Applicant has done little, if anything, to pay his past due debts despite a positive cash flow of $250 a month. Clearance Denied.

Applicant is currently suffering from at least one mental disorder that has in the past, and may in the future, cause a significant defect in his judgment and reliability. Clearance denied.

Applicant was provided reasonable time to prepare for hearing. Applicant was not denied his right to be represented by counsel. Ineffective assistance of counsel doctrine does not apply to DOHA proceedings. Judge's findings of falsification are sustainable. Applicant's claim of bias lacks merit. Adverse decision affirmed.

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.

Applicant owes seven different creditors $15,910, to include more than $2,000 in child support arrearage. While her financial difficulties resulted at least in part from a very heavy child support obligation, Applicant has only since December 1998 made any effort to address her debts. Clearance is denied.

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.

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.

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.

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.

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.

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.

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.

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.

The Applicant was less than candid about his past drug abuse on a 1996 Questionnaire and again on a 1998 sworn statement. These wilful falsifications violate 18 U.S.C. 1001. Clearance Denied.

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

Of the four listed mitigating factors which apply to deliberate falsification, none of the factors apply in her favor. An individual's recent drug history is clearly pertinent to the determination of judgment, trustworthiness, and reliability. Applicant demonstrated poor judgment by trying to conceal her drug history on several occasions. Clearance is denied.

Applicant had borrowed almost $9,000.00 from her co-workers over four year period to pay household expenses. She had also transferred money from the account of an organization (of which she was secretary/treasurer) to her personal account to pay household bills. While she had paid back approximately one-fourth of the money borrowed from co-workers and all the money taken from the organization's account, she has never told her husband about the personal loans, about the money taken from the organization account, or about the administrative hearing convened to determine if she should retain her security clearance. Clearance is denied.

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.

Applicant has been abusing alcohol from 1990 through at least December 1997. Several alcohol-related arrests, including three for driving under the influence, the last one in 1996. Falsified a questionnaire concerning his alcohol history. Adverse inference is not overcome. Clearance is denied.

The positive comments provided by Dr. A and Mr. B, as well as the impressive evidence in AE A and B, established a sound basis to conclude that his past criminal conduct will not recur in the future. Weighing the positive evidence and Applicant's good credibility against the negative evidence of criminal conduct, I am confident Applicant's past conduct will not recur in the future. Clearance is granted.

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.

Applicant with a history of illegal substance abuse in high school and college who omitted the full details in his SF-86, migrates his conduct by seasoned avoidance and prompt, good-faith correct of his omissions. Clearance is granted.

Applicant is a dual citizen of USA and Country A. He obtained a passport in order to work there, and has no present plans to relinquish it. Retention of citizenship is based on future employment and visits. The presence of family members in Country A insufficient, in itself, to show that he is subject to foreign influence. Adverse inference of dual citizenship is not overcome. Clearance is denied.

Applicant was delinquent in making payments on financial obligations totaling more than $8,300.00. Extenuating circumstances included periods of unemployment, medical emergencies, and marital separation. In December 1997, Applicant made assurances he would file bankruptcy or work out a repayment schedule with his creditors. Fourteen months later, he had not taken any steps to follow through and resolve his financial problems. Clearance is denied.

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.

Applicant was the LAN and e-mail administrator for a defense contractor. The day after a female employee sent him an e-mail message accusing him of sexual harassment, Applicant was installing a software upgrade in the woman's computer. Because he was embarrassed by the message and did not want his co-workers (who were helping with the installation) to see its contents, he removed the message from view by moving it to a new folder which he created for that purpose. The message was subsequently lost when the computer's backup system failed. Because the Government did not proffer evidence of a rule, procedure, guideline, or regulation violated by Applicant's action, there was no basis for finding he had misused an information technology system. (The Government did not present evidence on the sexual harassment allegation). Clearance granted.

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.

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.

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.

Administrative Judge made error with respect to one finding and misapplied pertinent Adjudicative Guidelines, but those errors were harmless in context of record and Judge's decision as a whole. Judge's conclusion about Applicant's history of alcohol abuse and rehabilitation are sustainable. Favorable decision affirmed.

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.

Record evidence does not support Applicant's claim he was forced to use foreign country passport instead of his United States passport when traveling to a specific foreign country. Record evidence supports finding Applicant deliberately falsified information in his application for US citizenship and falsified his employment application. Adverse decision affirmed.

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.

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.

ISCR Determination in 1995 mitigated Applicant's well-established alcohol dependence because of Applicant's demonstrated commitment to abstinence, but found Applicant ineligible for a clearance because he falsified several clearance applications and a sworn statement, engaged in a variety of criminal acts, and had been disciplined at work multiple times. Applicant falsified two requests for reapplication in 1997 and 1998 by stating that he remained alcohol-free when he had resumed drinking, albeit not to excess. Applicant also falsified a sworn statement in his latest investigation by understating his alcohol use since leaving treatment. Applicant's extensive history of falsifications and his resumption of alcohol use after diagnosis as alcohol dependent--as well as the conduct found to be disqualifying in 1995--cast significant doubt on his fitness for access to classified information. Clearance is denied.

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.

Applicant used marijuana from 1992 to January 1998 but did not disclose his final use on his January 1998 security form. At his DSS interview he did admit this January 1998 use, but conceded he had deliberately omitted that recent use for fear that disclosure would adversely affect his employment. In his Answer he admitted his drug use, and promised to abstain in the future; but his use is too recent to demonstrate his new intent not to abuse any drugs in the future. His later claim in his Answer that he had been honest on his security form is not supported by the evidence. Thus, his personal conduct of deliberately omitting relevant and material information on his security form of his contemporaneous drug use cannot be excused by his employment concerns as he has a duty to disclose. Clearance is denied.

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.

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.

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.

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.

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.

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.

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.

Delinquencies on child support payments and court-ordered restitution payments, while having $18,000 of annual discretionary income and $22,000 of assets, were unmitigated; probation without adjudication for theft by check (1st offense) was mitigated by actual victimization of the Applicant; falsification of SF-86 was not deliberate. Clearance is denied.

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.

Applicant's falsification of the adverse circumstances surrounding his retirement from government service suggested he lacked the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.

Five alcohol and drug-related offenses and marijuana purchase and use over a 13-year period were mitigated by passage of time (over 17 months ago), the Applicant's relative youth, and his more recent maturation; his continued drinking, despite 4 alcohol-related offenses and a full year of weekly AA meetings, remains unmitigated. Clearance is denied.

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

The Applicant last used marijuana only ten months ago. Clearance Denied.

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.

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.

Applicant had used marijuana as often as weekly from 1984 to 1995; he stopped using marijuana in December 1995 and stated that he did not intend to use in the future. When he completed his security questionnaire in January 1997, he admitted he had used marijuana, but knowingly and willfully misrepresented the extent of his use. He stated he had used it only four times between November 1987 and August 1992. Clearance denied.

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.

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