Small DOHA Seal

2002 Industrial Security Clearance Decisions

 

These 478 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

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

Foreign Influence; Foreign Preference; Personal Conduct

12/31/2002

Applicant, a native of southern India, acquired United States citizenship in March 1995, effectively renouncing his Republic of India citizenship. His continued possession of an Indian passport does not reflect a preference for India, as the foreign passport was no longer valid for travel. Applicant did not report his possession of the passport on his June 2000 security clearance application because it was null and void. While he omitted his past employment in foreign countries from his August 1995 and June 2000 security clearance applications, he had no intent to conceal his employment. There is little risk of foreign influence presented by the foreign citizenship and residency of family members. Clearance is granted.


Financial

12/31/2002

Applicant with history of credit bureau reported delinquencies on debts initiated during his former marriage, some disputed, some paid, and some unable to locate, successfully, establishes good faith disputes on most of the listed debts, and documents payment and inability to locate on the two remaining debts. Showing overall responsibility and trustworthiness in his work and personal finances, Applicant mitigates any credit risks associated with his debt history. Clearance is granted.


Foreign Influence

12/31/2002

Applicant is a native-born U.S. citizen who is a beneficiary of a trust with assets that include real estate in Israel, which if sold in parcels over time would net him approximately $200,000. Due to his lack of any other contacts with Israel and his inability to control the land transactions from which his trust benefits, Applicant is not vulnerable to foreign influence. Clearance is granted.


Criminal Conduct; Personal Conduct; Financial

12/31/2002

Applicant's personal conduct and finances continue to raise security concerns over her misuse of a credit card that belonged to an elderly client on which she charged over $5,000 in 1998. Aggravating this personal misconduct was her forging a letter of reference for herself from her supervisor for which she was criminally charged and convicted of a misdemeanor. While Applicant has mitigated security concerns over this misdemeanor criminal conduct, she still has not made full restitution and did not begin to make monthly payments to redress this debt until 2000. While she resolved an outstanding debt to one creditor, she has not demonstrated a plan to resolve all her debts nor has she sought counseling to demonstrate that she is gaining control of her finances overall. Despite her remorse, security concerns remain. Clearance is denied.


Foreign Preference; Foreign Influence

12/31/2002

Applicant was born in the Dominican Republic in 1977 and emigrated to the United States when she was nine years old. Before becoming a U.S. citizen in 1998, she had used her Dominican Republic passport for several visits to her native country. Now that she is a U.S. citizen and has a U.S. passport, she intends to use her U.S. passport for all future travel, and she does not intend to renew her expired Dominican Republic passport. While she was initially reluctant to renounce her Dominican Republic citizenship, she expressed a willingness to renounce her Dominican Republic citizenship in the most recent DOHA submission. The security concern raised by members of her family who are not U.S. citizens is mitigated by the fact most of these family members are long-term residents of the United States. Members of her extended family who reside in the Dominican Republic do not live under circumstances where they are likely to be victims of duress. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

12/31/2002

The Administrative Judge's factual findings about Applicant's embezzlement of more than $49,000 from his employer from November 1997 until January 1999 are sustainable. The Judge did not act in an arbitrary or capricious manner in weighing the favorable evidence presented by Applicant. Decisions by DOHA Hearing Office Judges may be cited as persuasive authority, but they are not binding on Hearing Office Judges in other cases nor are they binding on the Board. Adverse decision affirmed.


Financial

12/30/2002

Applicant with a meritorious military and defense contractor record comes brings a history of defaults in his obligations due to extenuating work-related conditions beyond his control. By failing to demonstrate responsible efforts to address his old creditors with options available to him, bankruptcy, Chapter 13 relief, or debt consolidation with the net remainder he currently has at his disposal, he provides insufficient mitigation to absolve him of current security concerns. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

12/30/2002

Given the surrounding facts of Applicant's disclosure of his drug history, MC 3 is not available to mitigate Applicant's falsifications. Although Applicant finally revealed his drug history in a sworn statement in April 2002, he did not do so until asked to disclose the extent of his drug history. Clearance is denied.


Drugs

12/30/2002

Applicant's recent drug use on five annual camping trips between 1994 and 2001 was not mitigated where Applicant had used drugs while possessing a security clearance and was aware of government policy proscribing drug use--having first obtained a clearance in 1986 despite recreational drug abuse in college and a high school arrest for possession with intent to distribute. Clearance denied.


Criminal Conduct; Personal Conduct

12/30/2002

Prior to completing her SF 86 (Security Clearance Application) in early January 1999, Applicant, who has lived in the United States since only November 1989 and who speaks English as a second language, had been suspended from employment for misconduct by her previous employer, and had been name a defendant in a complaint and judgment arising from litigation over an automobile accident involving a vehicle stolen from her in July 1997. She answer "no" to questions 20 and 40--that asked her about employment termination under unfavorable circumstances and her involvement in pending civil actions--and credibly testified she had not been terminated by her former employer under adverse circumstances when she completed the SF 86, nor was she aware of the complaint and judgment against her. The misconduct for which her previous employer suspended and later fired her has been mitigated; it was an isolated event that occurred 4 years ago, and there is evidence of Applicant's successful rehabilitation. Clearance is granted.


Foreign Influence; Foreign Preference

12/30/2002

Security concerns remain over Applicant's foreign preference activated by his dual citizenship and his possession and use of his foreign passport to travel to Lebanon and to protect his financial property interests there. His mere assertion of an exclusive preference for the US is insufficient as he stated that he would not relinquish the passport or his citizenship in Syria. On the other hand, he has mitigated some of the allegations of foreign influence. Although his relatives are citizens of a foreign country, there is no evidence that they have ties to the government, are agents of a foreign power, or could be exploited by a foreign power in a way that would force him to choose between his ties to them and to the US. However, he is clearly influenced by his partial interest in property he owns in Lebanon. Clearance is denied.


Personal Conduct; Criminal Conduct

12/30/2002

The Applicant was less than candid as to the true extent of his past drug abuse on a May 1998 Questionnaire for National Security Positions, again in a November 1998 sworn statement, and for a third time in an August 1999 sworn statement. These repeated wilful falsifications are also a violation of 18 U.S.C. 10001. Clearance is denied.


Criminal Conduct; Alcohol; Drugs; Personal Conduct

12/27/2002

Applicant has a history of drug involvement that resulted in a a court finding sufficient evidence to convict him for possession of marijuana. Applicant also has a history of excessive alcohol consumption. Attempts to mitigate his criminal conduct, drug involvement, and alcohol consumption were not sufficient to overcome his providing false information on his security clearance application and to a security investigator. Applicant failed to demonstrate it is in the national interest of the United States to grant him a security clearance. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

12/27/2002

Applicant's multiple falsifications suggested that she could not be relied upon to state the truth if the truth presented potential adverse consequences to her personal interest. Her drug use was not mitigated where she had used drugs while possessing a security clearance and presented insufficient evidence to demonstrate an intent to not use drugs in the future. Clearance denied.


Financial; Personal Conduct

12/27/2002

A security concern is raised by Applicant's inability to pay off numerous financial obligations in accordance with the terms originally agreed upon. While his financial problems were initially caused by events beyond his control--a downturn in the business Applicant had been operating for approximately eight years, and his wife's loss of employment--he has done little to address his delinquent debts since his employment and income have stabilized (the past 30 months). Neither he security concern raised by Applicant's numerous overdue debts, of the security concern raised by his failure to disclose his debts, a repossession, and legal actions filed against him, on a February 1999 SF 85, are mitigated by the facts and circumstances of this case. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

12/24/2002

The Applicant was less than candid about his past criminal conduct in a sworn statement, which is a violation of 18 U.S.C. 1001. He also intentionally concealed his past criminal conduct, his past employment record, and his past drug abuse on a questionnaire worksheet. Furthermore, he has failed to adequately address his current financial difficulties. Clearance is denied.


Financial; Personal Conduct

12/23/2002

The Applicant has a history of not meeting his financial obligations, as evidenced by a Chapter 13 bankruptcy petition in 1972, a Chapter 7 discharge in 1981, and another Chapter 7 discharge in 1998. He was also less than candid on his May 2000 Security Clearance Application when asked if he "ever had . . . access authorization denied, suspended or revoked." Due to financial considerations, his SCI access was suspended and later denied in 1985. Clearance is denied.


Criminal Conduct; Alcohol; Drugs

12/23/2002

Applicant with a 15-year history of criminal conduct, resulting from his alcohol consumption and drug involvement, failed to establish that it is clearly consistent with the national interest to grant him a security clearance. Absent a waiver from the Secretary of Defense, Applicant's sentence to prison for five years for possession of cocaine bars him from receiving a clearance under 10 U.S.C. 986. I do not recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Financial

12/20/2002

The Applicant and the father of her child separated in 1989. For the "first time" she was "on . . . [her] own and responsible for paying all the expenses." The Applicant began to fall behind in her bills, and incurred about $8,800 in past due indebtedness. She has now initiated a good-faith effort to repay or otherwise resolve all of her past due debts. Clearance is granted.


Foreign Preference

12/20/2002

Although applicant has lived in the United States for over forty years, he is unwilling to renounce his Israeli citizenship. This fact, together with his past use of an Israeli passport, and the possibility that he may renew his currently expired Israeli passport, precludes a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Financial; Criminal Conduct

12/20/2002

DOHA proceedings are not a proper forum for challenging the validity of federal tax laws. Board will not accept tax protester arguments that the federal courts have repeatedly rejected. Except for some errors that are harmless in nature, the Administrative Judge's findings and conclusions are sustainable. Adverse decision affirmed.


Personal Conduct; Sexual Behavior

12/19/2002

Directive provides an applicant with adequate notice of the burdens of persuasion in security clearance cases. The Administrative Judge's finding that Applicant falsified a security clearance questionnaire is sustainable. A local district attorney does not have actual or implied authority to give advice or guidance to applicants about answering or responding to questions pertaining to a security clearance investigation or adjudication. Decisions by Hearing Office Judges may be cited as persuasive authority, but they are not binding on other Hearing Office Judges or the Board. Applicant's claim that appeal process penalizes him by delaying the time before he can reapply for a security clearance lacks merit. Adverse decision affirmed.


Drugs; Alcohol; Financial; Personal Conduct

12/19/2002

Applicant has used marijuana, cocaine and other drugs on an occasional basis through at least 1999. He has lied about his use on a questionnaire and in two sworn statements. The Applicant also has severe debt problems. Adverse inference is not overcome. Clearance is denied.


Criminal Conduct

12/18/2002

This 45-year-old laborer for a defense contractor has a history of criminal conduct, with four convictions from 1988 to 1997 and probation violations based on drug use after the last conviction. The 1988 conviction also was followed by probation violations, and resulted in a sentence of more than one year imprisonment, which brings that conviction within the scope of 10 USC 986. No mitigation was established. Clearance is denied.


Foreign Preference; Foreign Influence

12/18/2002

Applicant was born in Kenya 53 years ago to parents who were British citizens. He obtained his professional education in England and worked there for a time before emigrating to the United States permanently in 1986 and becoming a U.S. citizen in September 1997. The security concern raised by his exercise of dual citizenship and by the renewal of his British passport after becoming a U.S. citizen is mitigated by surrendering his British passport and by his stated willingness to renounce his British citizenship. The security concern raised by the members of Applicant's family who are citizens and residents of foreign countries is mitigated by there being no evidence they live under circumstances where they may be subject to duress. They reside in and are citizens of countries that share democratic traditions with the United States. Clearance is granted.


Criminal Conduct; Alcohol

12/18/2002

The Applicant has five convictions, stretching from 1988 to 1997, four of which are alcohol related. In April of 2001, he was diagnosed, in part, as suffering from "Alcohol Dependence in full remission." Despite this diagnosis, the Applicant still consumes alcohol, and is currently pending trial for a sixth time. Among the four present charges is one for DUI. Clearance is denied.


Personal Conduct; Criminal Conduct

12/17/2002

In 1997, Applicant was arrested for having an open container of alcohol in a vehicle and possession of marijuana. Although ticketed, the Applicant assumed the matter had been dropped when he was unsuccessful in getting information about his arrest from the state court. In June 1998, he completed a Security Clearance Application and denied he had ever been charged with alcohol or drug related offenses. The falsification was in response to a single question on a single SF 86 completed more than four years ago. After applying the mitigating factors, clearance is granted.


Financial; Personal Conduct

12/17/2002

This 46-year-old aircraft mechanic for a defense contractor has a history of financial irresponsibility going back to 1985, and includes 14 delinquent debts totaling $40,000.00. His recent claimed bankruptcy has not been documented and, in any case, does not adequately establish financial rehabilitation. He intentionally omitted mention of 12 or the 14 debts in his SF 86. Mitigation has not been demonstrated. Clearance is denied.


Financial

12/17/2002

Applicant with over $56,000.00 in outstanding debt to IRS for delinquencies during tax years 1990-94 and debt of over $160.00 owed the county for taxes on her mobile home during tax years 1989 and 1990, failed to demonstrate it is clearly consistent with the national interest to grant or continue her security clearance. Clearance is denied.


Personal Conduct

12/17/2002

In 1994, Applicant was a military officer and relieved of command for sexually harassing a soldier under his command. He received a 1995 Letter of Reprimand for conduct unbecoming an officer and indecent assault. The Applicant did not give a false answer on his security clearance applicant. The Applicant made a 2001 false statement indicating he had been falsely accused of sexual harassment. Because of the misconduct and his 2001 false statement, clearance is denied.


Foreign Influence; Foreign Preference

12/17/2002

Applicant is a 51-year-old married woman and a dual citizen employed as an ordinary seaman for a shipping company involved in defense industry. Her significant connections to Mexico (exercise of dual citizenship, possession and/or use of a Mexican passport, owning real property, etc.) raise foreign preference and foreign influence security concerns, which Applicant is unable to successfully mitigate or extenuate. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

12/17/2002

Twenty-nine year old Applicant with 10-year history of criminal conduct and alcohol consumption failed to establish that it is clearly consistent with the national interest to grant him a security clearance. Security clearance is denied.


Criminal Conduct; Personal Conduct; Financial

12/17/2002

Between 1979 and 1991, the Applicant was arrested six times and in 2001 was issued a citation for possession of drug paraphernalia. In 1989, he was sentenced to four years in jail (suspended) making Title 10 U.S.C. section 986 applicable. In September 1999, he failed to list his alcohol related arrests on a security clearance questionnaire. He owes a debt to an apartment complex. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the falsification and his sentence of incarceration for more than one year. No waiver of Title 10 U.S.C. section 986 is recommended. Clearance is denied.


Foreign Influence; Foreign Preference

12/17/2002

After being born in Iran 53 years ago, Applicant immigrated to the United States in 1978 and became a U.S. citizen in 1990. He obtained an Iranian passport in 1997 and has used it to travel to Iran annually since then to visit his parents, three brothers and two sisters. Although he has stated he intends to surrender his Iranian passport (which he renewed in 2001) and renounce his Iranian citizenship, he has not taken any steps to accomplish either objective. Applicant has failed to mitigate the security concern raised by his exercise of dual citizenship, and he has failed to mitigate the security concern raised by members of his family who are citizens and residents of Iran. Clearance is denied.


Foreign Influence

12/17/2002

Applicant is a 37-year-old naturalized U.S. citizen, born in Vietnam, with both parents, three brothers, and several other relatives, who are all citizens and residents of Vietnam. By not mitigating these foreign influence security concerns, Applicant failed to demonstrate it is clearly consistent with the national interest to grant or continue his security clearance. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

12/17/2002

Applicant owed approximately $13,300.00 to six creditors, which included six judgments. The financial considerations have been mitigated. When he completed a security clearance questionnaire, he failed to indicate his delinquent debts, civil court actions, and a 1994 arrest. He was also arrested in 2000. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his 2000 arrest and falsifications. Clearance is denied.


Financial

12/16/2002

The Applicant has either entered a settlement for, or has paid off, all of his past due indebtedness. He now has a monthly positive cash flow of $860.00 each month. Clearance is granted.


Financial; Personal Conduct

12/16/2002

Applicant's 1995 acts of personal have been mitigated as have the financial allegations. When she completed a security clearance application, she failed to disclose she was currently more than 90 days delinquent on her debts. One year later, she filed for bankruptcy claiming assets of approximately $5,000.00 and liabilities of approximately $100,000.00. The record evidence is insufficient to mitigate or extenuate the negative security implications of her falsification on her security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence

12/16/2002

Applicant's possession and two-time use of her foreign passport after her naturalization as a U.S. citizen were mitigated where Applicant had complied with the "Money Memo" and formally renounced her foreign citizenship. Foreign influence issues were mitigated, despite her parents' residence in a foreign country, where the parents were citizens of a U.S. ally, and had obtained permanent legal U.S. residence status--and thus not in a position to be exploited to the detriment of U.S. interests. Clearance is granted.


Financial

12/16/2002

Applicant is indebted in the aggregate amount of approximately $16,500.00 on three accounts, two of which became delinquent during 1994/95 when Applicant was out of work for eighteen months following an injury. Intending to pay back these debts once he earned his undergraduate degree, Applicant commenced efforts to resolve these debts in May 2002 when it became clear to him they presented a security concern. Given his record of responsible handling of his other financial obligations, to include child support and student loans, he is likely to continue to make good faith efforts to resolve this outstanding debt. Clearance is granted.


Foreign Preference

12/12/2002

In view of applicant's destruction of his foreign passport, his sincerely expressed willingness to renounce his foreign citizenship, and the clear preference he has shown for the United States during the past forty years, Guideline C is found for applicant. Clearance is granted.


Financial; Personal Conduct

12/12/2002

The Applicant has a considerable number of debts which she cannot, or will not, properly resolve. She has also falsified a questionnaire concerning the extent of her debts. Adverse inference is not overcome. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

12/11/2002

Applicant is a 42-year-old married man self-employed as a small-business owner of a trucking company. He and his spouse owe more than $90,000 in unpaid federal income taxes for several recent tax years. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from a delinquent tax debt of such magnitude. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

12/11/2002

Applicant is a 41-year-old married woman who, although not technically a company employee or officer, works full-time for the family's trucking company. She and her spouse owe more than $90,000 in unpaid federal income taxes for several recent tax years. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from a delinquent tax debt of such magnitude. Clearance is denied.


Financial

12/11/2002

With a $558.00 debt to a college outstanding, Applicant incurred additional delinquency after her spouse suffered an unexpected medical emergency and she lost her job in 1997. Two delinquent credit card accounts with balances of $461.28 and $6,838.00, and $4,500.00 in mortgage transfer costs went unpaid after Applicant secured full-time employment with a defense contractor. Over the 2000/01 time frame, Applicant and her spouse took on car lease payments of $328.00 and $336.00 per month for two vehicles as several small medical debts were placed for collection due to nonpayment. Aware since January 2002 that her debts raised a security concern, Applicant has made no payments toward any of the delinquencies. Clearance is denied.


Financial

12/10/2002

In view of applicant's continuing financial problems and past dishonest conduct, Guideline F is found against applicant. Clearance is denied.


Criminal Conduct

12/09/2002

In 1981, Applicant was found guilty of possessing stolen property. In 1992, she was arrested for credit card fraud, found guilty of wrongfully assessing a computer and sentenced to two years in jail. In 1996, she was arrested for driving while intoxicated. Because she was sentenced to imprisonment for a term exceeding one year, 10 United States Code section 986 applies. No waiver of 10 U.S.C. Section 986 is recommended. Clearance is denied.


Criminal Conduct; Mental

12/09/2002

The Applicant has mitigated the security significance of the three alleged criminal acts in her past. One was distant, one had insufficient evidence to prove that it occurred and the third was mitigated by successful rehabilitation. The evidence failed to show that the Applicant is currently suffering from a mental, emotional or personality disorder. Adverse inference is overcome. Clearance is granted.


Personal Conduct: Alcohol

12/06/2002

As a college student from 1993 to 1997, Applicant consumed alcohol three to four days per week, usually to intoxication. In April 1996, he was arrested for drunk driving and underage drinking with a breathalyzer testing over the legal limit. The case was continued without a finding on the condition he complete one year unsupervised probation, pay fines and costs, and attend an alcohol awareness program. Concerns about excessive alcohol consumption are mitigated by his moderation of his drinking habits since going to work for the defense contractor. Personal conduct concerns persist because Applicant deliberately did not list his alcohol-related offenses on a July 2000 security clearance application, raising doubts as to whether his representations can be relied on. Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct

12/06/2002

Applicant's past criminal conduct, drug use, and personal conduct raise security concerns. He knowingly and willfully omitted adverse information from his security form and misrepresented information about his drug use to an investigative agent. Applicant failed to meet his duty to disclose his illegal drug use that continued until December 2000 even though he understood such marijuana use was against his company's and the government's security policies. While he has a fine employment record, such excellence on the job does not erase the security significance of his repeated material false statements and his knowing drug use after applying for a security clearance. Clearance is denied.


Security Violations; Information Technology; Personal Conduct

12/06/2002

Although Applicant's unauthorized use of a personal external drive and disk to download unauthorized material from a Government computer was isolated, infrequent, and not recent, his misconduct was significant, not caused by inadequate or improper training, or authorized, and he did not act promptly to correct the action. Evidence of recent actions demonstrating a positive attitude toward discharge of security responsibilities did not overcome adverse inference of his misconduct where Applicant did not convincingly explain what he was doing in May 1999, and why. Clearance denied.


Financial; Criminal Conduct

12/06/2002

Applicant owed five creditors approximately $11,000.00, which had been written off as bad debts. She has paid one creditor, is paying another through garnishment, has made a satisfactory arrangement with the creditor owed the largest amount, and asserts she will pay the other two creditors. Her criminal conduct is related to domestic disputes, which are not likely to recur. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

12/06/2002

Applicant was arrested six times between 1997 and 2000 for underage drinking, DWI, and assault. He has recently moved out on his own and is changing his lifestyle and habits. However, insufficient time has passed since his last arrest to assure further alcohol related incidents and arrests will not occur. Clearance is denied.


Alcohol

12/06/2002

This 43-year-old pipefitter for a defense contractor has a history of alcohol use that began in 1976, had five alcohol-related arrests from 1982 to 1991, resulted in inpatient treatment in 1991, which recommended sobriety but, after which, Applicant continued to consume significant amounts of beer, and has done so up to the present. No mitigation has been shown. Clearance is denied.


Foreign Influence

12/05/2002

The evidence does not establish that applicant is vulnerable to foreign influence. Clearance is granted.


Criminal Conduct; Sexual Behavior

12/05/2002

Applicant with criminal history of sexually abusing his stepdaughter, to which he pleaded guilty to felony charges and received deferred adjudication and 10 years of supervised probation, successfully completed three years of therapy and exhibits deep remorse, but remains a recurrence risk still on probation and precluded from seeing his children without the presence of his wife. Clearance is denied


Financial

12/05/2002

In view of applicant's credible testimony that he will satisfy the two debts in question, his clear ability to do so, and his otherwise responsible handling of his personal and professional financial responsibilities, Guideline F is found for applicant. Clearance is granted.


Alcohol; Criminal Conduct; Sexual Behavior

12/04/2002

Applicant is an admitted alcoholic with a history of several inpatient detoxification treatments and failed rehabilitation efforts. After completing in February 2000 a six-month residential treatment program at a sober house run by Alcoholics Anonymous (AA), Applicant consumed alcohol on two separate occasions in March 2000. With the aid of an additional ninety days at the sober house and ongoing active involvement in AA, Applicant has been abstinent since March 21, 2000. His regular attendance at AA and contact with his AA sponsors serve as a deterrent to relapse. A January 2001 solicitation for prostitution offense, unrelated to alcohol, has not been repeated. Clearance is granted.


Financial

12/04/2002


Drugs

12/03/2002

Applicant's candor with the government about his marijuana use does not preclude the government from considering the security implications of his overall history of marijuana use. Involvement with illegal drugs raises several potential security concerns. Involvement with illegal drugs also demonstrates a person's willingness to engage in criminal conduct, which raises questions about the person's judgment, reliability, and trustworthiness. Any previous decision to grant Applicant a security clearance did not give him a vested interest or right in continuing to have a security clearance. Government is not equitably estopped from denying or revoking Applicant's access to classified information. Adverse decision affirmed.


Foreign Preference; Foreign Influence

11/29/2002

A native citizen of Portugal, Applicant renewed her Portuguese passport in June 2000 so that she could travel to Portugal to see family members in July 2000. In June 2001, Applicant became a United States naturalized citizen and acquired a United States passport. She has since surrendered her Portuguese passport to the Portuguese consular authority, and has no intent to renew it. While her parents and most of her siblings (brother and four sisters) remain resident citizens of Portugal, and another sister resides in the British Isles, there is little risk of foreign influence presented by the foreign citizenship and residency of these family members. Clearance is granted.


Criminal Conduct

11/29/2002

Arrested for drunk driving in August 1999 after drinking wine socially at a coworker's home, Applicant completed a diversion program. In May 2001, she was charged with larceny, 6th degree, after she shoplifted six items with a total value of $59.73 from a local supermarket-conduct which she attributes to exceptional stress and steroid medication for pain. In counseling since 1997 for panic disorder and depression, Applicant continues to work on learning more effective ways of coping with personal stress and anger over difficult life circumstances, but it is too soon to safely conclude there is little risk of recurrence of the poor judgment which led her to commit these criminal acts. Clearance is denied.


Foreign Preference; Foreign Influence

11/27/2002

Applicant's dual citizenship, including possession of a foreign passport, financial interests, such as an IRA, investments, real property and social security benefits, in addition to substantial foreign contacts that include immediate family and strong emotional ties have not been mitigated. Clearance is denied.


Financial

11/27/2002

Applicant's financial problems raise security concerns. Applicant has resolved his debts to three creditors and mitigated those concerns, but he has failed to resolve his debt of over $14,000 to Creditor A. Even though his budget shows sufficient reserves to make a greater effort to resolve this debt, he provided evidence of making only one recent $50 monthly payment to Creditor A . He provided insufficient evidence that conditions that led to that debt were largely beyond his control. Further, Applicant provided no evidence that he has received or is receiving counseling for his financial problems. Clearance is denied.


Foreign Preference; Foreign Influence

11/26/2002

Applicant, a dual Iranian citizen, who renewed and used his Iranian passport after becoming a naturalized US citizen to visit his family in Iran and hedges on renouncing his Iranian citizenship, continues to manifest a preference for Iran despite compliance with the Money memo on returning his Iranian passport. Applicant also fails to absolve himself of continuing foreign influence concerns associated with his affections for his immediate family members residing in Iran (a country known to be hostile to US interests). Clearance is denied.


Finances; Personal Conduct

11/26/2002

Applicant with significant unpaid credit card debts arising out of financing of home repairs some years ago has never paid or settled the debts, despite current means to do so, or submitted the debts to debt consolidation, or Chapter 13 relief, and fails to mitigate the financial risks associated with these charged off debts. Applicant provides adequate explanations for his debt omission in his SF-86. Clearance is denied.


Financial; Personal Conduct

11/26/2002

Applicant's falsification of his clearance application suggested he could not be relied upon to state the truth if the truth presented potential adverse consequences to his personal interests. His financial difficulties were not mitigated where they were due in part to his mismanagement of his finances and had not been addressed because of his moral, but not legal, disputes about the amount owed. Clearance is denied.


Criminal Conduct

11/26/2002

In 1995, the Applicant pled guilty to a third degree felony, for conduct that occurred during 1992~1993. He was sentenced to an indeterminate prison term of zero to five years, of which he served 90 days in jail. The provisions of 10 U.S.C. 986 apply. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

11/25/2002

The Administrative Judge's findings of deliberate falsification by Applicant are supported by the record evidence. The Judge did not act in an arbitrary and capricious manner by weighing the record evidence as a whole and concluding the favorable evidence presented by Applicant did not overcome the unfavorable record evidence of Applicant's history of involvement with illegal drugs and her multiple acts of falsification. Adverse decision affirmed.


Financial; Drugs; Personal Conduct

11/25/2002

Administrative Judge erred by admitting and considering an excerpt from a larger document that was impossible to interpret without reference to the entire document being excerpted. The Judge erred by significant weight to an article which left many important questions unanswered, and which involved a controlled study that had many differences between it and the limited record evidence of Applicant's exposure to marijuana. Judge erred by making a finding about a Defense Security Service special agent that had no basis in the record evidence. The errors identified by Department Counsel are harmless given the record evidence in this case. Favorable decision affirmed.


Alcohol; Personal Conduct

11/22/2002

Applicant's alcohol-related arrests in 1993 and 1997 and her personal conduct in omitting relevant and material information on her security forms raise security concerns. Applicant continues to drink and failed to provide any documents which show positive changes in her behavior supportive of sobriety. Doubt remains as to whether she is fully rehabilitated given her arrests and questionable conduct in omitting these alcohol-related arrests, treatment, and an adverse employment issue from her security form. Her reasons for omitting the information were inconsistent and therefore not credible. Clearance is denied.


Financial; Personal Conduct

11/22/2002

Administrative Judge articulated a rational explanation for her conclusion that Applicant's history of not meeting his financial debts was not mitigated by Applicant's Chapter 7 bankruptcy. Board cannot consider new evidence on appeal. The Judge's finding that Applicant falsified a security clearance application is sustainable. Adverse decision affirmed.


Financial; Personal Conduct; Foreign Influence; Criminal Conduct

11/22/2002

Applicant was born in Nigeria 50 years ago; his parents, three sisters and two brothers are residents and citizens of Nigeria; his wife is a citizen of Nigeria and resides in the United States; another sister is a citizen of Nigeria and resides in England. In addition to the security concern raised by foreign influence, additional security concerns are raised by Applicant's more than $9,000.00 in delinquent debts, and by his failure to disclose this debt on the SF 86 he completed in September 1998. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

11/21/2002

Applicant's past criminal conduct is not recent, and his financial indebtedness has been mitigated by circumstances largely beyond his control, specifically, extensive periods of unemployment. Following a divorce in 2000, he has made good faith efforts to resolve most of his indebtedness. Clearance is granted.


Foreign Influence; Foreign Preference; Criminal Conduct

11/21/2002

Applicant's statements about his intentions and motivations are relevant evidence, but they are not binding on the Administrative Judge. The Judge is entitled to consider the facts and circumstances of Applicant's conduct and situation and draw reasonable inferences about Applicant's intentions and motivations. The legal nature of an applicant's conduct does not preclude consideration of the possible security implications of such conduct. However, before a Judge can base an adverse decision, in whole or in part, on conduct that involves an applicant's exercise of legal rights, the Judge must articulate how or why the applicant's exercise of such rights raises legitimate security concerns. The Board need not agree with the Judge's choice of word or language to determine that the Judge's findings and conclusions are sustainable. Harmless errors do not warrant remand or reversal. Adverse decision affirmed.


Personal Conduct; Drugs; Criminal Conduct

11/20/2002

The Administrative Judge's finding that Applicant falsified material facts about his use of marijuana is sustainable. Applicant's acts of falsification provide a rational basis for the Judge's adverse conclusions about Applicant's security eligibility. Adverse security clearance decisions are not punitive sanctions and cannot be equated with punishment. Board cannot grant Applicant relief not authorized under Executive Order 10865 or the Directive. Adverse decision affirmed.


Foreign Preference; Foreign Influence

11/19/2002

Applicant's dual citizenship, including possession of a foreign passport and substantial foreign contacts, including family ties have not been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

11/18/2002

Applicant's retention of her foreign passport after her naturalization as a U.S. citizen--an act demonstrating potential foreign preference--was mitigated where Applicant had retained the passport only because she had never been given any instructions that she should surrender it, had used the passport only twice since coming to the U.S. (and only once to go to her birth country), had not used the passport after becoming a U.S. citizen, and had surrendered it in accordance with the "Money Memo" once she became aware of its provisions. Applicant mitigated foreign influence concerns where all her close ties of affection were legal permanent residents of the U.S., and where record evidence demonstrated that family members had no connection with the foreign government and were not in a position to be exploited by the foreign government. Clearance granted.


Alcohol

11/14/2002

Applicant's excessive alcohol consumption (drinking to the point of intoxication and blackouts several times weekly) for two years before seeking treatment in September 1999 is mitigated by three years of moderate alcohol use since participating in the treatment program. Also considerably was evidence his parents have never consumed alcohol, and Applicant did not consume alcohol before attending college. Applicant voluntarily sought treatment when he realized his drinking was out of control; and voluntarily disclosed his alcohol treatment on the SF 86 (Security Clearance Application) he completed in January 2001. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

11/14/2002

Applicant has a history of excessive indebtedness, including a Chapter 7 bankruptcy in 1995. His petitions for Chapter 13 bankruptcy in 1996, and again in 1998, were both dismissed for failing to make the trustee payments. Neither his financial problems nor his intentional falsifications on two separate security clearance applications concerning his arrest and financial history have been mitigated. Clearance is denied.


Drugs; Personal Conduct; Foreign Influence

11/14/2002

Applicant's intermittent use of marijuana from 1983 through 1988 and again in 1994 or 1995 and once in 1999, with a possibility or probability that he may use marijuana in the future, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs

11/13/2002

The Applicant used marijuana, on an occasional basis, over a period of seven years, ending in January of 2002. He also purchased the drug on three occasions, spending as much as $100 during one purchase. The Applicant drug involvement is too recent, so as not to be of current security clearance significance. Clearance is denied.


Criminal Conduct

11/13/2002

Applicant pleaded guilty in January 1975 to illegal possession of cocaine, for which she was sentenced to three to six years in a state correctional facility, suspended. In the twenty-seven years since her conviction, Applicant has done nothing to violate the trust and confidence placed in her by the Government or her employer. Through hard work and dedication, she has progressed through the ranks from an hourly wage welder to a salaried area superintendent responsible for fifteen to eighteen separate trades. Despite her considerable success in her chosen career, Applicant is ineligible for a security clearance pursuant to 10 U.S.C. 986 because she was sentenced in 1975 to imprisonment for a term of more than one year. Clearance is denied with a recommendation this case be considered for a waiver of 10 U.S.C. 986.


Criminal Conduct; Financial

11/13/2002

Although the Applicant's past criminal conduct is not recent, he has failed to offer any documentation that demonstrates he has addressed his state tax lien, which is in excess of $18,000. Clearance is denied.


Alcohol; Personal Conduct

11/13/2002

This 54-year-old construction supervisor has been consuming alcohol since at least 1975, and had alcohol-related arrests and/or convictions in 1975, 1981, 1982 (negligent homicide), and 1988. He is still consuming two or three beers at a time, up to twice a week. In August 1999, he knowingly falsified his answers to two questions relating to his arrests. Neither his drinking nor the falsifications have been mitigated. Clearance denied.


Alcohol

111/26/2002

Applicant is a 44-year-old employee of a defense contractor. He has a 25 year history of alcohol use, sometimes to excess, but has had no alcohol-related arrests or incidents at work or in his private life. In 2000, he self admitted himself to a rehabilitation program and has not used alcohol since. He frequently attends AA meetings and has a sponsor. He recently received a favorable prognosis from a psychiatrist. Mitigation has been established. Clearance granted.


Financial

11/12/2002

Applicant's financial difficulties were mitigated where initial difficulties were due largely to circumstances beyond her control and Applicant had taken a series of disciplined steps to resolve delinquent debts long before the issuance of the SOR and had become better organized financially, notwithstanding that some of the debts were not resolved until after the issuance of the SOR. Clearance granted.


Drugs; Personal Conduct

11/08/2002

The Applicant used illegal drugs from 1998 until at least January 2001. He has not evinced a credible intent not to use drugs in the future. Adverse inference is not overcome. Clearance is denied.


Foreign Preference; Foreign Influence

11/07/2002

The Applicant is a dual citizen of the United States and of Greece; and as such, admits allegiance to both countries. He travels to Greece on a yearly basis using a Greek passport, but since December of 2000 has let his Greek passport expire. He owns stock and property in Greece, may have to serve in the Greek Army, and plans to live in Greece when he retires. He also has a cousin who is an officer in the Greek Air Force, and a friend who is an electronic technician for the Greek Air Force. As the Applicant has demonstrated a foreign preference for Greece, and the possibility of influence through his cousin and friend, his employer's request for a security clearance on his behalf is denied. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

11/07/2002

Applicant is currently under severe financial duress, and he is likely to remain so for the foreseeable future. Clearance is denied.


Foreign Preference; Foreign Influence

11/07/2002

Applicant's retention of his U.K. passport after his naturalization as a U.S. citizen--an act demonstrating potential foreign preference--was mitigated where Applicant had retained the passport only because he had never been given any instructions that he should surrender it, had not used the passport after becoming a U.S. citizen--and thought he might need proof of that fact--had indicated an intent to use only his U.S. passport even before he became aware of the "Money Memo", and had surrendered it in accordance with the "Money Memo" once he became aware of its provisions. Applicant's prospective foreign influence was mitigated where his parents and in-laws were retired (and when working, not working in any positions connected to the U.K. government) and his brother was employed in the construction industry. Circumstances of their lives in the U.K. did not suggest that Applicant would be subject to pressure on their behalf. Similarly, Applicant's foreign financial interest--in the form of a life insurance policy--presented no prospect of coercion or duress. Clearance granted.


Drugs

11/06/2002

The Applicant is an unlawful user of marijuana, and fully intends to use the drug in the future. Clearance is denied.


Financial

11/06/2002

The Applicant and her spouse separated, but he agreed to pay their joint debts. He did not; and as a result, she incurred in excess of $19,000 in past due indebtedness. In September of 2001, the Applicant filed a Chapter 7 Bankruptcy, including all of her alleged past due indebtedness in its Schedule F. The Alleged past due indebtedness was discharged through this bankruptcy filing in November of 2001. In the year following this discharge, there is no evidence of any recurring past due indebtedness, and she lives within her means. Clearance is granted.


Personal Conduct

11/06/2002

After he was arrested and charged with marijuana possession in March 1995, arrested and charged with disorderly conduct in April 1996, and after he had used marijuana several times within seven years of the date he completed the SF 86 (Security Clearance Application), Applicant answered "no" to each relevant question on the SF 86 designied to elicit that information. He has not provided a persuasive explanation for omitting information that was relevant and material to a determination of his judgment, trustworthiness and reliability. Clearance is denied


Financial; Criminal Conduct: Personal Conduct

11/06/2002

Applicant has a history of financial delinquency since 1997. Despite repeated promises to repay his debts, Applicant had made little progress in resolving his financial delinquencies as of October 2002. Although he listed several of his financial delinquencies on his security clearance application (SF 86), he omitted from his SF 86 a 1998 arrest for vandalism, a 1997 financial judgment awarded a former supervisor, and foreign travel to Canada in 1998. In application for a federal position in late Fall 1998, Applicant presented a resume in which he exaggerated his employment qualifications. His inattention to several financial accounts when he had discretionary funds available to him, and his lack of complete candor with the Government reflect an unacceptable tendency to place his personal interests ahead of his obligations. Clearance is denied.


Foreign Preference; Personal Conduct

11/06/2002

Applicant's possession and use of a foreign passport after becoming a U.S. citizen demonstrated a foreign preference and was not mitigated where Applicant had neither surrendered the passport nor obtained formal approval for its use, and intended to renew and continue to use his foreign passport. Applicant's falsification of his security clearance questionnaire suggested he could not be relied upon to tell the truth if the truth presented potential adverse consequences to his personal interests. Clearance denied.


Criminal Conduct; Personal Conduct

11/05/2002

The Applicant was less than candid when he answered question 21 on his May 2001 Security Clearance Application (SCA). He was also convicted of a felony 24 years ago, and sentenced to five years of confinement. His fairly recent falsification, coupled with his past felony conviction, are clearly of present security significance. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

11/05/2002

Applicant received non-judicial punishment for wrongfully transferring copyrighted commercial software, copyright infringement for personal financial gain, and attempting to wrongfully impede his criminal investigation. His inappropriate conduct resulted in his retirement in the grade of captain and not in the grade of major. On a security clearance application and in a signed, sworn statement, the Applicant falsely stated his clearance had never been denied, suspended, or revoked. The Applicant filed Chapter 7 bankruptcy listing $160,000.00 in liabilities and assets of less than $12,000.00. Because of his false statements and the conduct leading to the copyright violations and bankruptcy, clearance is denied.


Financial; Personal Conduct; Criminal Conduct

11/04/2002

Applicant's financial irresponsibility was not mitigated where his debts were caused, in part, by his own irresponsibility in not having sufficient capital for his business start-up and using personal credit cards for business expenses, and where he had taken no effective action to address his personal indebtedness, despite having positive cash flow. The one debt he was paying was precipitated by a judgment garnishment of his bank account. Applicant's falsification of his financial history suggested he could not be relied upon to state the truth if the truth presented potential adverse consequences to his personal interest. Clearance denied.


Financial

11/04/2002

Applicant's current unwillingness to acknowledge and seek resolution of most of his remaining past-due debts precludes a finding that he currently possesses the good judgment, reliability and trustworthiness required of individuals with access to classified information. Clearance is denied.


Foreign Influence; Foreign Preference

11/01/2002

Applicant's retention of his foreign passport after his naturalization as a U.S. citizen-- an act demonstrating potential foreign preference--was mitigated where Applicant had retained the passport only because he had never been given any instructions that he should surrender it, had not used the passport after becoming a U.S. citizen, had indicated an intent to use only his U.S. passport even before he became aware of the provisions of the "Money Memo", had surrendered it in accordance with the "Money Memo" once he became aware of its provisions, and, for good measure, applied to formally renounce his foreign citizenship. Applicant's prospective foreign influence was mitigated where his contacts with his parents were infrequent, and where both parents were registered U.S. aliens who intended to emigrate to the U.S.--where both Applicant and his sister reside as U.S. citizens--after retiring from teaching. Record evidence did not suggest that he would be subject to pressure on their behalf. Clearance granted.


Criminal Conduct; Personal Conduct

11/01/2002

This 45-year-old contractor employee was involved in two drug-related incidents, in 1976 and 1977. In one, he was detained for a few hours but never charged or convicted. In the other, he was convicted of possession of marijuana, and sentenced to a indefinite term in a youth authority facility, but the sentence was suspended and he did not serve any time. He was not sentenced to more than one year, so 10 U.S.C. 986 is not applicable. However, Applicant did knowingly falsify his answer to Item 24 on his August 2000 security clearance application, when he answered "No" to a question asking if he had ever been convicted of a drug-related crime. Mitigation was not established. Clearance denied.


Financial; Criminal

10/31/2002

Applicant's history of excessive indebtedness, including two Chapter 7 Bankruptcies within the past eleven years, and his recent pattern of criminal conduct has not been mitigated. Clearance is denied.


Drugs; Personal Conduct

10/31/2002

Applicant's abuse of marijuana between 1974 and 1996 was mitigated where Applicant had stopped using marijuana in 1996 and demonstrated a clear intent to refrain from future drug abuse by his abstinence for six years and commitment to a drug-free lifestyle because of family concerns. Applicant had not falsified his sworn statement where record evidence demonstrated he had not used drugs since 1996, and reported possible use after that date out of an abundance of caution. Clearance granted.


Foreign Influence; Foreign Preference

10/30/2002

Applicant is a dual citizen who was born in Canada. He surrendered his Canadian passport and has expressed a willingness to renounce his Canadian citizenship. His wife is a Canadian citizen residing in the U.S. His mother is a Canadian citizen residing in Canada. His sister is a dual U.S. Canadian citizen residing in the U.S. The Applicant has infrequent contact with his in-laws, who are Russian citizens living in Russia, because of language differences. These individuals are not agents of a foreign power nor are they in a position to be exploited by a foreign power. Clearance is granted.


Personal Conduct

10/30/2002

Administrative Judge's finding that Applicant falsified a personnel security questionnaire is sustainable. It is legally permissible for the nonappealing party to ask the Board to affirm the Judge's decision on the basis of any argument supported by the record. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

10/30/2002

Applicant successfully rebuts the Government's allegations that his indebtedness and false answers on background questionnaire are cause to deny clearance (Guidelines F and E), but for clearance purposes Applicant is not satisfactorily rehabilitated from a 1997 conviction for fraud (Guideline J). Clearance is denied.


Personal Conduct

10/30/2002

The record evidence supports the Administrative Judge's finding that Applicant falsified a personnel security questionnaire. Adverse decision affirmed.


Outside Activities

10/30/2002

Applicant, an expert in organic and polymer chemistry, has provided consulting services under formal agreements with both United States and foreign businesses since 1998. On contract with a United States defense contractor laboratory through at least March 2003 to provide services in support of polymeric synthesis and evaluation, Applicant continued to consult with foreign firms, including companies in the flat panel display industries in Taiwan and South Korea. His outside consulting work does not pose a conflict as it is commercial in nature and involves technology ten to twenty years behind the advanced work performed for the defense contractor. Clearance is granted.


Financial

10/29/2002

Applicant's long-standing indebtedness precludes a finding that it is clearly consistent with the national interest to grant him access to classified information at the present time. Clearance is denied.


Personal Conduct; Criminal Conduct; Information Technology

10/29/2002

The Applicant was less than candid with the Government as to his 1994 felony charge, and as to his past drug abuse, when he executed his April 2000 Security Clearance Application (SCA). This wilful falsification is a violation of 18 U.S.C. Section 1001. Clearance is denied.


Foreign Preference; Foreign Influence

10/29/2002

The Applicant is not now a dual national, but he fully intends to become one. He intends to return to the country of his birth, live there a year to satisfy its residency requirements, and thereby become a dual national. Although his brothers, sisters, and brother-in-law are not agents of, nor are in a position to be exploited by, a foreign power, Applicant's stated intention demonstrates a preference for a foreign country; and as such, his employer's request for a clearance on his behalf is denied. Clearance is denied.


Drugs

10/29/2002

There is a rebuttable presumption that an Administrative Judge considered all the record evidence unless the Judge specifically stated otherwise. There is no legal requirement that a Judge specifically cite and discuss every piece of record evidence. An applicant's technical expertise and contribution to defense programs do not make the applicant less likely to deliberately or inadvertently disclose classified information. An applicant is not made more or less suitable for a security clearance based on how a security clearance decision might affect the applicant or others. Applicant's overall history of marijuana use provided rational basis for Judge's adverse conclusions. Adverse decision affirmed.


Foreign Preference; Foreign Influence; Personal Conduct

10/29/2002

The Applicant has renounced her foreign citizenship, and has surrendered her foreign passport to that country's representative. Her husband has also renounced his foreign country citizenship. Her half-sister resides in the U.S. and is in the process of becoming a U.S. citizen. Her mother-in-law is a housewife, resides in the foreign country of the Applicant's birth, and is not in a position to be exploited by that country's government. The Applicant also answered her 1999 Questionnaire for National Security Positions (QNSP) truthfully, as she did not believe she was a dual national. Clearance is granted.


Foreign Preference; Foreign Influence

10/29/2002

The Applicant has done everything possible to renounce his foreign citizenship, and surrendered his foreign passport. He has no financial interest in the country of his birth. His mother and two sisters are citizens of and reside in the country of his birth. His brother is immigrating to Canada. There is no evidence that they are connected with any country's government, or are in position to be exploited by any country. Clearance is granted.


Criminal Conduct; Alcohol; Personal Conduct

10/29/2002

The Applicant mitigated his alcohol abuse and his related criminal history. However, the Applicant did not mitigate his falsification of a sworn statement in July 2000 concerning his alcohol related arrests. Adverse inference is not overcome. Clearance is denied.


Foreign Preference; Foreign Influence

10/28/2002

An applicant has the burden of presenting evidence to warrant application of an Adjudicative Guidelines mitigating condition, and Department Counsel does not have the burden of proving the inapplicability of a mitigating condition. Department Counsel is not required to prove an applicant's family ties in a foreign country pose a clear and present danger to national security. Given the record evidence of (a) the length, nature, and significance of Applicant's ties to a foreign country, (b) the strength of Applicant's family ties to relatives in the foreign country, and (c) Applicant's acknowledgment that she is unsure of what she would do if faced with a situation where her family members in the foreign country were threatened, Applicant had a heavy burden of persuasion to demonstrate she is not at risk of being vulnerable due to her family ties in the foreign country. Administrative Judge erred in his application of Foreign Influence Mitigating Conditions 1 and 3. Favorable decision reversed.


Foreign Preference

10/24/2002

Although Applicant surrendered his French passport in compliance with the Money Memorandum, his demonstrated foreign preference was not mitigated where Applicant had been a naturalized French citizen for over twenty-five years before becoming a U.S. citizen, had continued to use his French passport in preference to his U.S. passport, had renewed his French passport after becoming a U.S. citizen, and had expressed an intent to continue to renew the French passport in order to facilitate travel to France and help deal with his French pension. Clearance denied.


Criminal Conduct

10/23/2002

After pleading guilty to a conspiracy to distribute cocaine and being sentenced to 18 months confinement in a federal facility in 1982, Applicant was granted a secret security clearance by the Department of Defense in June 1992. Since being granted a clearance, he has not done anything to violate the trust and confidence placed in him; he has worker hard and achieved considerable success in his chosen vocation. However, because he was sentenced to imprisonment for more than 365 days--20 years ago, Applicant is ineligible for security clearance under 10 U.S.C. 986 unless granted a waiver by the Secretary of Defense. Clearance is denied with a recommendation this case be considered for a waiver of 10 U.S.C. 986.


Criminal Conduct

10/23/2002

Because of the Smith Amendment, Title 10 United States Code Section 986 (which bars security clearance access to those persons convicted of a crime in Federal or State court and sentenced to imprisonment for a term exceeding a year), fifty year old Applicant, employed for the past 22 years by the same employer, will lose his security clearance, which he has held for twenty-two of the last twenty-nine years. Clearance is denied.


Criminal Conduct; Personal Conduct

10/22/2002

Applicant with history of alcohol-related arrests/convictions spanning 1965 and 1983 mitigates all of his arrests but his Smith Amendment covered negligent homicide conviction of 1973, which resulted in a sentence of no less than one year nor more than two years. Applicant also fails to mitigate his SF-86 and DSS statement omissions (save for his 1973 negligent homicide arrest/conviction) of his alcohol-related arrests/convictions. Clearance is denied.


Financial

10/22/2002

Applicant has a history of financial difficulties. She has paid some of her debts and is currently paying other debts. However, she has seven past due debts, which include four judgments, for approximately $16,700.00. The Applicant has contacted the creditors, but has yet made payment on these debts. Due to her financial irresponsibility, which has not been mitigated, clearance is denied.


Personal Conduct; Sexual Behavior; Criminal Conduct

10/22/2002

Applicant with otherwise meritorious professional record encountered male strangers in multiple acts of public indecency, with the last resulting in his arrest and conviction, mitigates by showing full disclosure to spouse and colleagues and restored marriage, but fails to overcome judgment deficiencies associated with his deliberate omission of his indecency arrest in his SF-86. Clearance is denied.


Personal Conduct; Criminal Conduct

10/21/2002

Applicant has failed to demonstrate the Administrative Judge erred by not applying various Personal Conduct mitigating conditions. Judge's conclusion that Applicant's acts of deliberate falsification constitute violations of 18 U.S.C. Section 1001 is sustainable. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

10/18/2002

Applicant used marijuana causally and infrequently between1976 and April 1997. Between November 1988 and Spring 1997, on four separate personnel security questionnaires, the Applicant provided false information concerning his marijuana usage. Because of the falsifications, clearance is denied.


Foreign Preference; Foreign Influence

10/18/2002

Applicant is a dual citizen of Poland and the United States since his United States naturalization in September 2000. A native citizen of Poland, Applicant renewed his Polish passport during a trip to Poland to visit family members in September 1997. Applicant, who has traveled exclusively on his United States passport since its acquisition in September 2000, surrendered his Polish passport to the Polish consulate in late July 2002. Willing to renounce his foreign citizenship, he has not filed an application for renunciation because of the burdensome process. Any foreign financial interest is limited to a potential small inheritance in his parents' home in Poland while his United States assets are considerable. The Polish citizenship and residency of his parents, sister, and in-laws do not present an unacceptable risk of foreign influence. Clearance is granted.


Alcohol: Personal Conduct; Criminal Conduct; Mental

10/18/2002

Applicant with long history of binge drinking and diagnoses of dependence/problem drinking and emotional disorders, and who provided unreliable information about his treatment history and continued alcohol use until confronted by DSS agent, fails to mitigate security risks associated with his judgment, reliability and trustworthiness compatible with minimum requirements of clearance eligibility. Clearance is denied.


Personal Conduct

10/17/2002

The recency of applicant's falsification of material facts on his SCA precludes a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Personal Conduct

10/17/2002

Most of the Administrative Judge's findings of fact are sustainable. Judge did not err by declining to accept Applicant's repudiation of a written statement he gave in November 1998. Applicant's misuse of company computers in 1990 and 1998, and his improper recording of regular time and overtime hours in 1998 provide a rational basis for the Judge's adverse conclusions about Applicant's judgment, reliability, and trustworthiness. Adverse decision affirmed.


Alcohol

10/17/2002

Applicant's excessive use of alcohol from 1965 until at least June 2001, involving three alcohol related convictions, the most recent of which occurred in September 2000, and a failed treatment program, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

10/16/2002

Applicant's excessive indebtedness cause by the real estate market downturn and poor business management has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct; Alcohol

10/16/2002

This 45-year-old warehouse specialist for a defense contractor falsified his answer to a drug use question on his security clearance application, is again significantly delinquent on several debts shortly after a Chapter 7 bankruptcy was completed, has an unresolved bench warrant outstanding in a DUI case, and has a history of alcohol-related arrests and convictions, from 1984 to 2001. No mitigation has been established. Clearance denied.


Foreign Preference; Foreign Influence

10/16/2002

Record evidence does not support Administrative Judge's favorable conclusions about Applicant's family ties with relatives living in a foreign country that is hostile to the United States. Applicant has the burden of persuasion that Adjudicative Guidelines mitigating conditions apply. Security clearance adjudications cannot be made without regard to the security implications of the acts of war committed against the United States on September 11, 2001 and the war against terrorism. An applicant with good character and personal integrity can pose a security risk because the applicant has close relatives in a country hostile to the United States. Under the clearly consistent with the national interest standard, a close case must be resolved in favor of the national security. Favorable decision reversed.


Information Technology; Personal Conduct

10/16/2002

The Applicant complied with his employer's rules, procedures and guidelines in making two intranet connections onto his employer's network. As a result, his subsequent termination by his employer was based on faulty information. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

10/16/2002

Administrative Judge erred in her application of various Adjudicative Guidelines mitigating conditions. The record evidence does not support the Judge's finding that Applicant did not falsify a security questionnaire. The record evidence does not support the Judge's favorable conclusions about Applicant's tax liens and his criminal record. Favorable decision reversed.


Financial; Personal Conduct

10/11/2002

Applicant had trouble paying his financial obligations due to a lack of income when he was out of work following an injury on the job. After a Chapter 7 bankruptcy discharge in 1996, he began to gamble frequently at local casinos, primarily for recreation. While he has used some winnings, which have been as high as $18,000.00 on occasion, to pay debts and expenses, he does not depend on gambling winnings to meet his monthly expenses. Nor has gambling caused him to fall behind in his obligations. Applicant currently owes state and federal back taxes because he claimed excess dependents for tax years 1996 through 2001, and willfully failed to file timely federal and state income tax returns for several years, in protest of corporate policies and the actions of federal agents. Applicant submitted a May 1999 security clearance application indicating he had been delinquent on his federal taxes for 1994, but had since paid the debt. Over the 2001/02 time frame, Applicant filed all his delinquent state and federal returns, but personal conduct concerns persist because of his demonstrated disregard of his tax obligations for several years, and his lack of complete candor on his May 1999 security clearance application. Clearance is denied.


Alcohol; Personal Conduct

10/11/2002

Applicant's excessive use of alcohol from 1995 until at least February 2002, involving five alcohol related convictions, the most recent of which occurred in 2002, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence; Foreign Preference

10/10/2002

Applicant possessed dual U.S. Egyptian citizenship until he renounced his foreign citizenship in June 2002. He was born in Egypt to Egyptian parents and came to the U.S.15 years ago at age 10. The Applicant renewed his foreign passport after becoming a naturalized U.S. citizen in order to secure exemption from foreign military service. He has since surrendered his foreign passport and has formally renounced his foreign citizenship through the foreign embassy. His parents and sister are dual citizens living in the U.S. These immediate relatives are not agents of a foreign power or in a position to be exploited by a foreign power and his contact and correspondence with his other relatives who are foreign citizens are casual and infrequent. Clearance is granted.


Financial; Personal Conduct

10/07/2002

Applicant's financial irresponsibility was not mitigated where her debts were caused by her own irresponsibility and where she had taken no effective action to address her indebtedness, in large part because she lacks the means to do so at present, and is not expected to have the means to do so in the foreseeable future. Applicant's falsification of her financial history suggested she could not be relied upon to state the truth if the truth presented potential adverse consequences to her personal interest. Clearance denied.


Drugs

10/03/2002

Applicant's inability or unwillingness to state, without equivocation, that he will not use marijuana in the future precludes a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Criminal Conduct

10/02/2002

Applicant's conviction for malicious destruction and sentence to two years imprisonment required denial of his clearance under the provisions of 10 U.S.C. 986, notwithstanding that Applicant actually only served 60 days, with credit for time served before trial. Clearance denied.


Alcohol; Criminal Conduct; Personal Conduct

10/02/2002

Applicant had a serious alcohol problem starting at age 14 and ending in 1999. Since April 1999, Applicant has attended treatment, actively participated in AA, has a favorable prognosis, maintained his sobriety, and abstained from all use of alcohol. The Applicant has changed his life style, knows he is an alcoholic, knows the effect of drinking on his life, and does not want to return to his previous lifestyle. He has established a new way of life and has reformed from his past actions. He has no intention of drinking in the future. Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

10/02/2002

Applicant pleaded nolo contendere to drinking alcohol on a public beach in 1995 and to a 1997 charge of domestic assault. There is little risk of recurrence of similar misconduct, given his stable lifestyle and the moderation of his alcohol consumption. Applicant did not report these two offenses or court-mandated family violence intervention sessions on his December 2000 security clearance application because the court had issued an expungement order and he thought expunged offenses were exempt from disclosure. Candid about the incidents during his interview with the Defense Security Service, Applicant did not deliberately conceal them from the Department of Defense. While he has delinquent financial obligations totaling $7,360.00 to three creditors, he is working with a collection agency to resolve most of this debt. Clearance is granted.


Criminal Conduct; Financial

10/02/2002

Applicant's failure to offer any evidence that she filed her past-due tax returns precludes a finding that it is clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Financial; Personal Conduct

09/30/2002

Applicant, with more than $13,000.00 in delinquent financial obligations, assumed financial responsibility for his fiancee in July 2001. His fiancee has two children, is unemployed, and has serious health problems. While Applicant appears sincere in his stated intentions to pay off his delinquent debts, he has not made any progress in the 18 months since he was first questioned about his finances, and he is unlikely to make progress in the foreseeable future given the extent of his other financial responsibilities. Clearance is denied.


Criminal Conduct

09/30/2002

In approximately 1969 Applicant was convicted of drug offenses and larceny, and he was sentenced to confinement in prison for two concurrent terms, each term exceeding one year. The provisions of 10 U.S.C. section 986 therefore preclude a grant of clearance, absent waiver by the Secretary of Defense as a meritorious case. Applicant does not furnish persuasive evidence in mitigation, and waiver is not recommended. Clearance is denied.


Alcohol; Personal Conduct

09/30/2002

Applicant's excessive use of alcohol from 1980 until at least 1999, involving five alcohol related convictions, the most recent of which occurred in 1999, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

09/30/2002

The Applicant is a dual national, who fully intends to retain her dual citizenship, and has offered no evidence that she has "surrendered" her foreign passport, as required by the Money Memo. She has also offered no evidence that her foreign relatives are not agents of or in a position to be exploited by a foreign power. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

09/30/2002

Applicant was subject to foreign influence where he provided financial support to his ten siblings who still resided in Syria, had substantial property interests in Syria, and had failed to disclose his foreign connections on his clearance application. Applicant's falsifications of his clearance application and sworn statement suggested he could not be relied upon to tell the truth if the truth presented potential adverse consequences to his personal interest. Clearance denied.


Financial; Personal Conduct

09/30/2002

Applicant owes approximately $9,866.00 in delinquent financial obligations. With her present income insufficient to pay all of her current expenses, she is not in a position to make payments on these bad debts. Financial considerations remain unresolved. Personal conduct concerns persist as Applicant deliberately falsified her November 1999 security clearance application by denying that she had any financial delinquencies. Clearance is denied.


Financial

09/30/2002

The Applicant is $25,000 in debt and only filed for bankruptcy after the SOR had been issued. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Personal Conduct; Criminal Conduct

09/30/2002

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


Foreign Preference

09/26/2002

Applicant is a naturalized US citizen. His possession of a valid foreign passport, without return of the passport to the issuing government or official approval for possession by the United States Government, violates DoD Directive 5220.6, Guideline C, as clarified by the Assistant Secretary of Defense in a Memorandum dated August 16, 2000. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

09/26/2002

Applicant mitigated concerns about excessive traffic fines in 1998 and 1999. The Applicant also mitigated allegations of drug use up to 1994 and four drug related arrests between 1985 and 1991. However, the Applicant falsified a 1998 questionnaire with regards to the same drug use and arrests. Adverse inference is not overcome. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

09/25/2002

Applicant smoked marijuana from 1970 to 1983 and from June 1997 to at least December 1999. As a result of serious health problems, he has ceased his involvement and has no intent to resume use. While his change to a drug-free lifestyle mitigates his illegal drug involvement, doubts persist for his judgment, reliability and trustworthiness because of his lack of candor with the Government about his past drug use. Applicant deliberately falsified a March 2000 security clearance application by denying any illegal drug use within the last seven years as well as any drug involvement while he held a security clearance. In an October 2001 sworn statement, he falsely claimed his last marijuana use was in 1983. Clearance is denied.


Financial

09/25/2002

Board cannot consider new evidence on appeal. The Administrative Judge's findings about Applicant's debts are sustainable. The nonfinancial information submitted by Applicant was relevant under the whole person concept, but it did not compel the Judge, as a matter of law, to render a favorable security clearance decision. Adverse decision affirmed.


Alcohol; Criminal Conduct; Personal Conduct; Financial

09/25/2002

The Applicant has a history of criminal conduct, culminating with his wilful falsification in April of 1999. He also has over $4,700 in past due indebtedness, including two outstanding judgements, and has done little, if anything, to address his continuing financial difficulties. Clearance is denied.


Foreign Preference; Foreign Influence

09/24/2002

The Applicant has renounced his foreign citizenship, and has surrendered his foreign passport to that country's representative. He served in the Army of the country of his birth prior to emigrating to the U.S. His wife, mother, daughter, and two of his three siblings are citizens of and reside in the U.S. His third sibling and in-laws are citizens of and reside in the country of Applicant's birth. There is no evidence that they are connected with that country's government, or are in a position to be exploited by that government. Clearance is granted.


Criminal Conduct

09/24/2002

Board does not have jurisdiction or authority to review or pass judgment on the Deputy Secretary of Defense's interpretation of 10 U.S.C. 986 or his guidance concerning implementation of that statute. Nothing in 10 U.S.C. 986 indicates Congress intended the Department of Defense to be bound by state law concerning what constitutes a conviction. Because of Supremacy Clause of the U.S. Constitution a state legislature has no authority to enact legislation to relieve a convicted person of disqualifications or disabilities arising under federal law. Adverse decision affirmed. Board does not recommend further consideration of Applicant's case for a waiver under 10 U.S.C. 986.


Alcohol; Personal Conduct; Criminal Conduct

09/23/2002

Applicant with history of drinking and a number of alcohol-related incidents between 1970 and 1994 was never diagnosed for abuse or dependence and is now a reformed drinker who drinks only lightly. Allegations that he falsified his SF-86 were unsubstantiated, and his use of marijuana while holding a security clearance in the 1970s, while pattern misconduct, is mitigated by the passage of time. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

09/23/2002

The Applicant has failed to demonstrate that she has initiated a good-faith effort to repay overdue creditors or otherwise resolve her debts. She was also clearly less than candid about the repossession of her vehicle when she answered question 35 on her June 1999 Security Clearance Application. This wilful falsification is a violation of 18 U.S.C. Section 1001. Clearance is denied.


Personal Conduct

09/23/2002

Applicant was discharged from U.S. Military Service in November 1992 as an "Alcohol Abuse - Rehabilitation Failure" after four alcohol-related incidents (three arrests) and the revocation of his security clearance. His explanations for not disclosing this relevant, material, and adverse information in response to pertinent questions on his SF 86 (completed in January 2000) are not persuasive. Clearance is denied.


Foreign Influence; Outside Activities

09/23/2002

Board cannot consider new evidence on appeal. With one exception that is harmless error, the Administrative Judge's findings that are challenged on appeal reflect a reasonable interpretation of the record evidence. Absence of security violations by Applicant did not preclude Judge from considering whether facts and circumstances of Applicant's case raise security concerns. Adverse decision affirmed.


Financial; Personal Conduct

09/18/2002

Applicant with a history of delinquent federal tax debts, which turned out to be much larger than estimated at hearing, demonstrates no track record for payment on his recently concluded installment agreement with the IRS and fails to overcome security concerns associated with his past tax problems. Applicant does successfully refute lien omission allegations re: his SF-86 by persuading he had no knowledge of the liens. Clearance is granted


Criminal Conduct

09/18/2002

According to Deputy Secretary of Defense memorandum implementing 10 U.S.C. 986, that statute: (a) precludes DoD personnel from granting or continuing a security clearance for a person covered by the statute; (b) applies to convictions in either state or federal courts; and (c) applies if there has been an imposition of a sentence of imprisonment regardless of what time, if any, the convicted person actually serves. Board does not have jurisdiction or authority to review or pass judgment on Deputy Secretary of Defense's interpretation of 10 U.S.C. 986 or his guidance concerning implementation of that statute. State pardon does not affect applicability of 10 U.S.C. 986. A state conviction with imposition of a sentence of imprisonment of term exceeding one year is covered by 10 U.S.C. 986 even if that conviction is latter set aside under state law. Adverse decision affirmed. Board does not recommend further consideration of the case for a waiver under 10 U.S.C. 986.


Financial; Personal Conduct; Criminal Conduct

09/18/2002

The Applicant was less than candid about his past criminal conduct, his past drug abuse, and his present financial difficulties when he executed his Security Clearance Application in May of 1998. This wilful falsification is also a violation of 18 U.S.C. Section 1001. No mitigation was shown. Clearance is denied.


Criminal Conduct; Personal Conduct

09/17/2002

The desire to improve the chances of employment does not excuse the intentional concealment of relevant and material information because an applicant is obligated to be truthful during all phases of the security investigation. Clearance is denied.


Personal Conduct; Financial

09/17/2002

Administrative Judge's reference to alcohol-related charges was harmless error. Considering the totality of the record below, the Board concludes Applicant was not denied a fair and impartial hearing. Formal rules of evidence do not apply in these proceedings. As long as questions are relevant and material to the issues of a case, they are proper even if they go beyond the scope of the direct examination. The Judge's finding that Applicant falsified a security clearance form is sustainable. Adverse decision affirmed.


Personal Conduct

09/17/2002

The Applicant's intentional falsifications on his security clearance application and in his signed sworn statement before the Defense Security Service have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct; Information Technology

09/16/2002

Applicant was alleged to have acted inappropriately in a number of computer related incidents. The incidents fail to rise to the level of security concern under guideline E or misuse of an informational technology system under guideline M. Clearance is granted.


Criminal Conduct

09/13/2002

Applicant's arrest and conviction for Fighting in a Public Place or Challenging Another Person to Fight in a Public Place which occurred over two years ago was mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.


Personal Conduct; Information Technology; Criminal Conduct

09/13/2002

Applicant's improper use of his company computer to access pornographic sites on the internet, in violation of company policy has been mitigated. The Applicant's deliberate falsifications in a sworn statement before an agent from the Defense Security Service concerning his improper use of the company computer, and inappropriate comments made a female coworker have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence; Foreign Preference

09/13/2002

The Applicant has been a dual citizen of Brazil and the United States since 1999. She has a current Brazilian passport and intends to retain the passport and her citizenship due to family matters. She has traveled to Brazil on her Brazilian passport since obtaining her American passport and has extensive family ties, as well as financial interests, there. Adverse inference is not overcome. Clearance is denied.


Personal Conduct; Criminal Conduct

09/13/2002

Administrative Judge's favorable credibility determination is not sustainable. For purposes of falsification, materiality is not limited to consideration of whether the information involved would result in an adverse security clearance adjudication, but rather also covers information that is relevant to a security clearance investigation. Favorable decision reversed.


Financial

09/13/2002

The Administrative Judge articulated a rational basis, supported by the record evidence, for his rejection of Applicant's denials that she owed delinquent debts. The Judge's findings about Applicant's delinquent debts provided a rational basis for his application of Financial Considerations Disqualifying Conditions 1 and 3. The Judge's findings and conclusions about Applicant's delinquent debts provided a rational basis for his security clearance decision. Adverse decision affirmed.


Information Technology; Personal Conduct

09/13/2002

Applicant used company computer to access adult and sex-related web sites, but stopped before company policy prohibited such use. First decision concluded that such use did not constitute a violation of Misuse of Information Technology Guideline. On remand, I conclude that Applicant's conduct did not constitute a violation of the Personal Conduct guidelines. Clearance granted.


Drugs

09/12/2002

Given Applicant's history of marijuana use, Administrative Judge could not render a favorable security clearance decision without articulating a rational basis for why it would be clearly consistent with the national interest to grant Applicant access to classified information. Record evidence does not support the Judge's application of Drug Involvement Mitigating Condition 3. Applicant's conduct and explanations for his conduct do not provide a rational basis for the Judge's conclusion that Applicant has demonstrated he is not likely to use marijuana again. Favorable decision reversed.


Foreign Influence; Foreign Preference

09/11/2002

Applicant has surrendered his passport and indicated a willingness to revoke his citizenship. His family connections are not of a type that would make him vulnerable to coercion or pressure. His financial interest overseas is very slight. Adverse inference is overcome. Clearance is granted.


Foreign Preference; Foreign Influence

09/09/2002

The Applicant has renounced his foreign citizenship, and has previously destroyed his foreign passport. His parents and a brother, who live in the country of his birth, have no connection with that country's government, and are not in a position to be exploited by that government. Clearance is granted.


Alcohol; Personal Conduct

09/05/2002

Administrative Judge erred by concluding Applicant's six alcohol-related arrests did not indicate a pattern. Judge erred by making inferences about reasons for court dispositions of Applicant's arrests without record evidence to support those inferences. Record evidence does not support Judge's finding that Applicant did not falsify a security questionnaire. Favorable decision reversed.


Alcohol

09/05/2002

In 1989, the Applicant was diagnosed as suffering from Alcohol Abuse Continuous. Despite this diagnoses, he continued to consume the intoxicant, and pled guilty to Public Intoxication in 1998. Clearance is denied.


Foreign Preference; Foreign Influence

09/05/2002

Because Board cannot consider new evidence on appeal, Board cannot allow Applicant the opportunity to present new evidence on appeal. There is no presumption of error below. Applicant does not raise any specific claim of error on appeal. Adverse decision affirmed.


Alcohol

09/04/2002

Applicant continues to consume alcohol on an almost daily basis notwithstanding the fact he believes he is an alcoholic. Clearance is denied.


Foreign Preference; Foreign Influence

09/03/2002

Applicant was born in Turkey 25 years ago, immigrated to the United States in 1991, became a U.S. citizen in August 1998, renewed his Turkish passport in April 1999, used his Turkish passport to travel to his native country in 1999 and 2000, ans stated in his answer he would be willing to forfeit his Turkish passport if it was an obstacle to obtaining a clearance. Because he has not surrendered his Turkish passport or indicated a willingness to renounce his Turkish citizenship, clearance is denied.


Personal Conduct; Criminal Conduct

09/03/2002

Applicant's 1996 criminal indictment and his personal conduct in knowingly and willfully omitting adverse information from his security form and a federal job application raise security concerns. In completing a 2000 security form, he failed to reveal his 1996 criminal indictment for assault with a dangerous weapon and the other adverse consequences. His defenses for his omissions are not credible: he has a law enforcement background and the adverse aftermath was documented. The charges were ultimately dismissed in 1999, so his criminal conduct can be mitigated. However, Applicant still had a duty to disclose and explain the issues. Thus, his personal conduct and material false statements on the government forms remain of security concern. Clearance is denied.


Financial; Personal Conduct

08/30/2002

Applicant's excessive indebtedness has been mitigated. His deliberate falsifications on two security clearance applications concerning his arrest history and illegal drug use has not been mitigated. Clearance is denied.


Criminal Conduct; Personal Conduct

08/29/2002

Applicant's criminal conduct involving an arrest and conviction for Spousal Abuse in 1996, and an arrest and conviction for Forgery and Seal of Handwriting in 2000, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

08/29/2002

An applicant is entitled to receive reasonable notice of the allegations made against him or her so that the applicant can have a meaningful opportunity to respond to the allegations. Conduct not alleged in Statement of Reasons may be considered for certain purposes. Record evidence does not support Administrative Judge's application of Financial Considerations Mitigating Conditions 3 and 6. Favorable decision reversed.


Sexual Behavior; Personal Conduct; Criminal Conduct

08/28/2002

The fact that applicant was convicted of multiple crimes and sentenced to multiple prison terms exceeding one year precludes him from receiving a security clearance under 10 U.S.C. 986. Clearance is denied.


Criminal Conduct; Drugs

08/28/2002

This 47-year-old Applicant has three drug-related arrests, in 1977, 1981, and 1997. He used marijuana from 1977 to 1997. As a result of the 1981 arrest for selling cocaine, he was convicted and sentenced to one to four years imprisonment, of which he served 18 months. 10 U.S.C. 986 is applicable but his drug use and criminal conduct are independent bases for finding him to be ineligible to hold a security clearance. No mitigation was shown. Clearance is denied.


Personal Conduct; Alcohol; Criminal Conduct

08/28/2002

After being arrested for DUI three times within ten years, most recently in September 1997, and receiving treatment after his two most recent arrests, Applicant answered "no" to questions on the Security Clearance Application (SF 86) designed to elicit information about alcohol abuse and treatment. His explanation for not disclosing his three DUIs is not found persuasive. Although Applicant reduced his alcohol consumption after his second DUI, and reduced it further after his third DUI, he continues to consume as much as six twelve-ounce beers (in a two to three hour period) as often as twice monthly. His history of alcohol abuse is not found mitigate, considering he has been evaluated as alcohol dependent; he admits he likes alcohol and does not intend to stop drinking. Clearance is denied.


Foreign Preference

08/27/2002

Applicant's dual citizenship has been mitigated by his renunciation of his foreign citizenship and his act of surrendering his foreign passport to the appropriate foreign consulate. Clearance is granted.


Foreign Preference; Foreign Influence

08/27/2002

Applicant's exercise of dual citizenship, including possession of a foreign passport and his foreign contacts have not been mitigated. Clearance is denied.


Personal Conduct; Misuse of Information Technology

08/27/2002

An Administrative Judge must consider and evaluate an applicant's conduct under any and all Guidelines under which it has been alleged in the Statement of Reasons. The Judge's perfunctory dismissal of Guideline E based on his conclusions under Guideline M was arbitrary, capricious, and contrary to law. Favorable decision remanded with instructions.


Foreign Influence

08/26/2002

Applicant is a dual citizen of Poland and the United States since her United States naturalization in late June 2000. Immediate family members (parents and brother) remain resident citizens of Poland. While her brother is currently serving as an officer in the Polish military, her contact with him is casual and infrequent. The risk of undue foreign influence is minimal, given her limited contact with her brother and her parents' present lifestyle. Clearance is granted.


Foreign Influence; Foreign Preference

08/26/2002

Most of the Administrative Judge's findings about Applicant's possession and use of a foreign passport are sustainable. Harmless errors by the Judge do not warrant remand or reversal. Fact that Applicant renewed and used a foreign passport before the ASDC3I memorandum on foreign passports was issued did not preclude the Judge from concluding Applicant's case was covered by that memorandum. Judge's conclusions under Guideline B are sustainable. Adverse decision affirmed.


Personal Conduct

08/23/2002

Applicant who falsified his SF-86 by omitting material debts mitigates his omissions by making prompt, good-faith corrections when initially interviewed by DSS agent, who was impressed with his honesty. Clearance is granted.


Criminal Conduct; Finances; Foreign Influence

08/22/2002

Applicant mitigated security concerns over criminal conduct, finances, and foreign influence. He mitigated his 1985-88 history of criminal conduct and his multiple pattern of worthless checks in 1992-93 as those incidents occurred ten years ago or more. Despite his past financial problems, he finally resolved outstanding debts to two other significant creditors which totaled over $10,000 and effectively disputed debts to two other creditors. Overall he has now demonstrated that he has control of his finances. Multiple letters attest to his good character and fine work. While he has a German wife and her children are German citizens, they have no ties to the German government and are not susceptibile to pressure. His foreign financial interests are minimal and not sufficient to affect his security responsibilities. Clearance is granted.


Foreign Preference; Foreign Influence

08/22/2002

Applicant's renewal of his foreign passport after his naturalization as a U.S. citizen--an active exercise of dual citizenship and an act demonstrating foreign preference--was mitigated where Applicant had never used the passport, had renewed it only out of deference for his aged mother, had attempted to surrender it to the DSS agent when interviewed for his clearance, and did surrender it in accordance with the "Money Memo" once he became aware of its provisions. Applicant's prospective foreign influence was mitigated where his contacts with his siblings was limited and where there was nothing in his relationship with his mother--including his financial support--to suggest that he would be subject to pressure on her behalf. Clearance granted.


Criminal Conduct; Foreign Influence

08/21/2002

Administrative Judge properly concluded that favorable security clearance decision was precluded by 10 U.S.C. 986 because of Applicant's conviction and imprisonment for criminal sexual misconduct with his 14-year-old stepdaughter. Adverse decision affirmed. Board does not recommend consideration of this case for a waiver under 10 U.S.C. 986.


Personal Conduct; Drugs

08/21/2002

Applicant's denial of any intent to falsify a security questionnaire is not binding on Administrative Judge. Rather, Judge had to consider Applicant's statements in light of the record evidence as a whole and make findings of fact about Applicant's intent or state of mind. Judge's finding of falsification is sustainable. Adverse decision affirmed.


Criminal Conduct

08/20/2002

Applicant pleaded guilty to death by vehicle (a felony) after the vehicle he was driving crossed the centerline and struck an oncoming vehicle killing the driver (October 1985); his blood-alcohol level was .12. He was sentenced to five years supervised probation and 728 hours community service; all of his two-year sentence to the state department of corrections was suspended, and he was released from supervised probation after two years. Applicant's criminal conduct is mitigated as an isolated event, by the passage of time, and by evidence of Applicant's successful rehabilitation. However, because he was sentenced to imprisonment for more than one year, Applicant is ineligible for security clearance under 10 U.S.C. 986 unless granted a waiver by the Secretary of Defense. Clearance is denied.


Alcohol; Personal Conduct

08/20/2002

Applicant's episodic alcohol abuse between 1989 and 1999 was not mitigated where Applicant's lack of insight into the nature and extent of his abuse and counseling conflicted with his apparent two years of abstinence. Applicant's falsification of his clearance application suggested he could not be relied upon to tell the truth if the truth presented potential adverse consequences to his personal interests. Clearance denied.


Criminal Conduct

08/20/2002

Operating Instruction does not authorize Board to review an Administrative Judge's recommendation whether or not a waiver under 10 U.S.C. 986 should be considered. Under Operating Instruction, Board is not authorized to give reasons or explanation for its decision to recommend or not recommend that a waiver be considered. Since the Board is asked to make a recommendation in its own capacity, Board is not bound by the recommendation made by the Judge below and must review the record evidence as a whole in order to fulfill its obligation to make a meaningful decision whether to recommend or not recommend that a waiver should be considered. Adverse decision affirmed. Board does not recommend consideration of this case for a waiver of 10 U.S.C. 986.


Foreign Preference

08/19/2002

Applicant applied for and became a Canadian citizen for reasons of convenience after he had been employed continuously (by an American Corporation) in that country for more than six years. The security concern raised by dual citizenship is mitigated by the circumstances under which he became a citizen, and by his documented efforts to renounce his Canadian citizenship after learning it could jeopardize his security clearance. Clearance is granted.


Drugs

08/19/2002

Applicant's recreational abuse of marijuana from 1989 to August 2000 was not mitigated where Applicant had left open the possibility of future use during a subject interview in December 2000, and his February 2002 statement of intent to refrain from drug use in the future was not credible. Clearance denied.


Foreign Preference; Foreign Influence

08/19/2002

Applicant with dual citizenship with Israel and the US who renounced his Israeli citizenship and surrendered his unexpired Israeli passport and absolves himself of any unmanageable risks associated with his immediate and extended family members residing in Israel and the Netherlands, respectively, mitigates security concerns. Approved eligibility to occupy a sensitive position requiring ADP clearance is granted.


Personal Conduct

08/19/2002

The personal conduct concerns raised by Applicant's alcohol-related offenses, including driving while intoxicated in September 1998 and December 1998, are mitigated by his change to an alcohol-free lifestyle since completing a court-mandated intensive outpatient program. Doubts persist for his judgment, reliability and trustworthiness because of his deliberate failure to disclose on a March 2000 security clearance application security significant criminal record and financial record information. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

08/15/2002

Applicant smoked marijuana from 1992 through 1999, and from 1994 to February 1998, she facilitated her boyfriend's dealing in illegal drugs. Applicant deliberately did not reveal on her September 1999 security clearance application her illegal drug involvement or a 1994 arrest for assault. She was also not candid in April 2000 and July 2000 sworn statements about her use of marijuana or the assistance provided her boyfriend in his illegal drug activities. There is no persuasive evidence that her lifestyle is no longer conducive to drug use so the risk of future involvement with illegal drugs cannot be discounted. Applicant's repeated, deliberate falsifications cast doubt on her judgment, reliability and trustworthiness. Clearance is denied.


Criminal Conduct

08/15/2002

Applicant was convicted of felony sexual abuse of his two daughters, and he was sentenced to ten years' imprisonment, suspended in part. The provisions of 10 U.S.C. 986 preclude a grant of clearance in his case, absent waiver by the Secretary of Defense as a meritorious case, but waiver is not recommended. Clearance is denied.


Financial

08/12/2002

Applicant is a 42-year-old employee of a DoD contractor who experienced financial problems incident to a divorce that dissolved her four-year marriage to her fourth husband. Because there is no evidence she had experienced financial problems previously, even while raising four children without financial assistance from their father, and no persuasive evidence of an extravagant lifestyle, the recent discharge of her delinquent debts in bankruptcy is found to constitute a good-faith effort to resolve her delinquent debts. Clearance is granted.


Financial; Personal Conduct

08/12/2002

This 28-year-old applicant has 10 debts, totaling more than $12,500, some of which have been delinquent since as long ago as 1998. No substantive efforts toward resolution of the debts have been taken. In addition, in February 1997, Applicant knowingly omitted material information about who would be living in a housing unit on a city housing agency form intended to establish eligibility. No mitigation was shown as to either situation. Clearance is denied.


Foreign Preference; Foreign Influence

08/12/2002

Applicant's possession and use of a foreign passport after becoming a U.S. citizen demonstrated a foreign preference and was not mitigated where Applicant had neither surrendered the passport nor obtained formal approval for its use. Applicant was potentially subject to foreign influence where his parents, in-laws, and siblings were all citizens of a foreign country, residing in a second foreign country. Clearance denied.


Personal Conduct

08/12/2002

The Applicant intentionally falsified a Security Clearance Application concerning the year in which he used illegal drugs. In addition, he failed to provide credible evidence that he had resolved two long-standing bench warrants against him. Adverse inference is not overcome. Clearance is denied.


Criminal Conduct

08/09/2002

Operating Instruction does not authorize Board to review an Administrative Judge's recommendation whether or not a waiver under 10 U.S.C. 986 should be considered. Under Operating Instruction, Board is not authorized to give reasons or explanation for its decision to recommend or not recommend that a waiver be considered. Since Board is asked to make a recommendation in its own capacity, Board is not bound by the recommendation made by the Judge below and must review the record evidence as a whole in order to fulfill its obligation to make a meaningful decision whether to recommend or not that a waiver should be considered. Adverse decision affirmed. Board does not recommend consideration of this case for a waiver of 10 U.S.C. 986.


Personal Conduct; Drugs; Criminal Conduct

08/09/2002

Board cannot consider new evidence on appeal. Administrative Judge's finding that Applicant falsified various statements and documents is sustainable. Judge did not abuse his discretion by denying Applicant's request for a continuance of the hearing. Adverse decision affirmed.


Foreign Preference; Foreign Influence

08/08/2002

Applicant's dual citizenship, including acceptance of foreign educational benefits, military service, voting, and substantial foreign contacts, including family ties and significant financial interests have not been mitigated. Clearance is denied.


Personal Conduct

08/08/2002

An investigator's opinion as to whether an applicant was cooperative during an interview is not dispositive. The record evidence does not support the Administrative Judge's finding that the investigator's questions during February 2000 interview were so broad as to impose on Applicant "an impossible burden of recall." Given Judge's finding that Applicant had put himself in a position of vulnerability to outside pressures, the Judge failed to articulate a rational basis for finding Applicant no longer was in such a position of vulnerability. Record evidence does not support Judge's finding that Applicant has learned a lesson and there is no reason to believe Applicant will be anything but honest in the future. Favorable decision reversed.


Personal Conduct; Criminal Conduct

08/08/2002

Although an Administrative Judge's credibility determinations are not immune from review, the Board must give them deference on appeal. A single sentence of gratuitous dictum that is arbitrary and capricious in nature is insufficient grounds for remand or reversal. Judge did not err in considering Personal Conduct Mitigating Condition 4 given the record evidence in this case. Favorable decision affirmed.


Financial; Criminal Conduct; Personal Conduct

08/07/2002

The Applicant has two alcohol related convictions in 1998. He has also done little, voluntarily, to pay his past due indebtedness. Furthermore, he was less than candid with the Government as to his 1998 convictions, and as to his financial delinquencies, when he executed his January 1999 Security Clearance Application. Clearance is denied.


Personal Conduct; Criminal Conduct; Drugs

08/07/2002

After using marijuana regularly from 1973 to September 2000, and after being arrested for marijuana possession in 1977, 1978, and 1995, Applicant denied all marijuana use except one or two times experimental use and denied the marijuana-related arrests on three SF 86s and in two signed, sworn statements (completed between September 1997 and December 2001. Clearance is denied.


Personal Conduct; Criminal Conduct

08/07/2002

Record evidence supports Administrative Judge's findings of falsification by Applicant. Adverse effect that an unfavorable security clearance decision may have on an applicant or his employer is not relevant to the adjudication of the applicant's security eligibility. Judge's findings of falsification by Applicant provide rational basis for Judge's adverse conclusions. Adverse decision affirmed.


Drugs; Personal Conduct

08/07/2002

Administrative Judge's finding that Applicant falsified a security questionnaire is sustainable. Judge's adverse conclusions about Applicant's security eligibility follow rationally from the Judge's findings of fact. Adverse decision affirmed.


Foreign Preference; Foreign Influence

08/07/2002

Applicant and his family came to the U.S. in 1990, as refugees from FC . His ethnic homeland, within FC A, became an independent country, FC B, in 1993. Applicant believes he renounced his FC B citizenship in 2000, when he took the oath to become a U.S. citizen. He now believes he may still be a dual citizen with FC B, under FC B law, and is willing to again renounce his FC B citizenship if a conflict arises between the U.S. and FC B, a country to which he has minimal ties. His father and brother are also U.S. citizens and his mother is a legal resident. All three reside in the U.S. Mitigation has been established. Clearance is granted.


Foreign Preference; Foreign Influence

08/05/2002

Applicant and his family came to the U.S. as refugees from FC A, in 1990. His ethnic homeland, within FC A, became an independent country, FC B, in 1993. Applicant believes he renounced his FC B citizenship in 2000, when he took the oath to become a U.S. citizen. He now believes he may still be a dual citizen with FC B, under FC B law, and is willing to again renounce his FC B citizenship if a conflict arises between the U.S. and FC B, a country to which he has minimal ties. His father and brother are also U.S. citizens and his mother is a legal resident. All three reside in the U.S. Mitigation has been established. Clearance is granted.


Foreign Preference; Foreign Influence

08/05/2002

The Applicant has renounced his foreign citizenship and surrendered his foreign passport. His three siblings have either received permanent residence status in the U.S., or have been approved for permanent residence status. He has sold his $6,000 foreign real-estate interest. Clearance is granted.


Personal Conduct; Criminal Conduct

08/05/2002

A word or phrase in the Directive that is undefined must be construed or interpreted in a reasonable manner. Provisions of the Directive must be construed in a manner that effectuates the policies and purposes of the industrial security program. The phrase "authorized personnel" in Personal Conduct Mitigating Condition 4 refers to persons authorized by the Executive Branch of the federal government to give advice about answering or responding to questions pertaining to a security clearance investigation or adjudication. A local district attorney is not such an authorized person. Favorable decision reversed.


Financial

08/05/2002

Board cannot consider new evidence on appeal. Appealing party cannot fairly claim the Administrative Judge's decision is erroneous based on matter not presented for the Judge's consideration. Adverse decision affirmed.


Criminal Conduct; Financial; Personal Conduct

08/02/2002

Applicant's falsification of his clearance application suggests he could not be relied upon to speak the truth if the truth presented potential adverse consequences to his personal interests. While his 1997 bankruptcy filing appears due to circumstances beyond his control, his resumption of financial difficulties after the bankruptcy is partly due to his own financial irresponsibility and his continued financial mismanagement after obtaining good employment in October 2000. Clearance denied.


Criminal Conduct; Personal Conduct

08/02/2002

Applicant with history of criminal conduct, including two felony convictions (one of which is covered by Smith Amendment), is barred from holding a security clearance. She is credited with promising judgment restoration and mitigation of SF-86 omissions. No waiver is recommended. Clearance is denied.


Criminal Conduct; Sexual Behavior; Personal Conduct

08/02/2002

The sexual criminal allegations against the Applicant were unfounded; and as such, they were dismissed. However, in 1995 he was cited for and admits to furnishing alcohol to minors. This isolated incident is distant enough in time as not to be of security significance. Clearance is granted.


Drugs; Alcohol; Personal Conduct

08/01/2002

The Applicant used cocaine, and marijuana to a lesser extent and shorter duration, over a period of 22 years ending in January of 2001, to the point of acute and chronic cocaine dependency. She was also less than candid with the Government as to her past drug abuse on two separate occasions. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

07/31/2002

This 29-year-old employee of a defense contractor was delinquent on 10 separate accounts. He has paid off three, but has not made any steps toward resolving the remaining debts. In addition, Applicant omitted any mention of the debts in a June 2000 security clearance application and also omitted any mention of his 1997 bad check arrest. Despite his efforts to date, he has not demonstrated financial rehabilitation and has not adequately explained away the falsifications. No mitigation has been established. Clearance is denied.


Personal Conduct; Criminal Conduct

07/31/2002

Applicant's criminal conduct was mitigated where the conduct was not especially serious, the most serious conduct had occurred over twenty years ago when Applicant was a teenager, and no criminal conduct has occurred since November 1989. Evidence did not support allegations that Applicant had deliberately falsified his clearance application or his sworn statement. Clearance granted.


Financial

07/31/2002

The Applicant has accrued more than $32,000 in delinquent Federal taxes. This debt has been reduced to $20,000 due to liens and tax refund offsets. The Applicant does not have a current payment plan with the IRS, nor a track record of making payments to the IRS. Adverse inference is not overcome. Clearance is denied.


Personal Conduct: Financial: Criminal Conduct

07/26/2002

Employed as a layaway clerk for a discount retailer in 1997, Applicant was criminally prosecuted and fired from her job for stealing $15.00 from a cash box and for helping friends shoplift items from the store. Applicant deliberately omitted from her September 2000 security clearance application (SF 86) the 1997 criminal charges, her involuntary termination from her employment with the store for misconduct, as well as outstanding financial delinquencies totaling $4,293.00 which she incurred over the 1996 to 1999 time frame. In a June 2001 sworn statement, Applicant falsely denied any involvement in the shoplifting. Her lack of candor with the Government and her failure to attend to her legitimate financial obligations raises serious doubts about her judgment, reliability and trustworthiness. Clearance is denied.


Alcohol

07/26/2002

Directive specifically limits the parties to making their appeal arguments through appeal briefs, limits the Board to consideration of the record evidence, and precludes the Board from receiving or developing new evidence on appeal. A decision to grant or renew a security clearance does not give an applicant a vested right or interest in retaining a security clearance. Administrative Judge's findings and conclusions about Applicant's history of alcohol abuse are sustainable. Adverse decision affirmed.


Foreign Influence; Foreign Preference

07/25/2002

Applicant's inconsistent statements concerning her dual citizenship and her foreign financial interests preclude a finding that it is now clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

07/25/2002

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


Criminal Conduct

07/25/2002

Board does not have jurisdiction or authority to review or pass judgment on the Deputy Secretary of Defense's interpretation of 10 U.S.C. Section 986 or his guidance concerning implementation of that statute. Board does not recommend consideration of this case for a waiver of 10 U.S.C. Section 986. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

07/25/2002

Considering the record evidence as a whole, the Administrative Judge could find Applicant deliberately omitted a shoplifting incident from a security questionnaire. The Judge's findings and conclusions about Applicant's falsification and criminal conduct provide a rational basis for the Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Foreign Influence; Foreign Preference; Personal Conduct

07/24/2002

Security concerns raised by Applicant's birth in Yugoslavia 28 years ago, by his possessing a foreign passport, by his exercise of dual citizenship, and by the Yugoslavian citizenship of his parents and members of his extended family, are mitigated by evidence Applicant used his Yugoslavian passport before becoming a U.S. citizen, his Yugoslavian passport expired in July 2001 and he does not intend to renew it, his parents now have permanent residence status, and his father is now employed by a U.S. company. Clearance is granted.


Personal Conduct; Criminal Conduct

07/24/2002

Applicant falsified her academic qualifications when applying for a position with a defense contractor in 1991, claiming an associate degree she had not earned. Hired and subsequently granted access to Secret information, Applicant presented fraudulent documentation to her employer when asked to verify her highest level of education. In conjunction with a request for clearance upgrade, Applicant misrepresented her educational achievements on a security clearance application and during subject interviews with a Defense Security Service (DSS) special agent in 1994. Applicant lied about her academic credentials on her application for her current employment in 1998, and she falsely claimed she had left her previous job due to the illness of a family member. In application for a security clearance in October 1999, she indicated she did not have a college degree, but she deliberately concealed that she had been terminated from her employment in 1994 for falsification of her credentials. Clearance is denied.


Financial

07/24/2002

Applicant with long history of debts, including judgments and garnishment action, extenuates some of his debts due to a divorce from a new-spouse that kept debt information from him, and successfully mitigates his debts by both involuntary discharge through wage garnishment, and payment/payment plans with the creditors he could locate. The remaining debts with the four creditors he could not locate (despite good faith efforts) are time barred in any event, Clearance is granted.


Foreign Preference; Foreign Influence

07/23/2002

Applicant's dual citizenship, including possession of a foreign passport (now expired) and his foreign contacts have been mitigated. Clearance is granted.


Financial

07/19/2002

This 32-year-old employee of a defense contractor is delinquent on 11 separate accounts, totaling more than $7,000, and going back as far as 1996. Despite her involvement in the present process, and her now working two jobs, she has not yet resolved, or made payments on, any of the debts. No mitigation was shown. Clearance is denied.


Criminal Conduct

07/17/2002

This 52-year-old quality control engineer willfully failed to timely file his Federal and State A income tax returns for the years 1990 to 1999, in violation of both Federal and State A laws. He believes that only income earned outside the United States is subject to taxation. His belief is based on a variety of unreliable sources that have been rejected by the courts and he ignores legal authority. His disagreement with the statutes and IRS regulations is not an excuse for disobeying the law. No mitigation was established. Clearance is denied.


Foreign Preference; Foreign Influence

07/17/2002

A native citizen of the United Kingdom (UK), Applicant continued to possess two UK passports after he became a United States (US) naturalized citizen in October 1997. He used his foreign passports to travel to the UK and Middle East for business purposes in preference to his US passport. He has since surrendered the foreign passports, which have been cancelled by the UK consular authority. While he continues to collect a retirement pension from the UK for past military service, that foreign asset is minimal when compared to his US interests, which include his employment income, his residence and 401K account. The foreign citizenship and residency of family members, including his adult daughter, do not present an unacceptable risk of foreign influence. Clearance is granted.


Criminal Conduct; Personal Conduct; Financial

07/16/2002

Applicant's 1989 felony conviction for Grand Larceny resulted in a sentence of two years imprisonment, thereby requiring application of 10 U.S.C. 986 which precludes grant of a security clearance except where the Secretary authorizes a waiver. No waiver is recommended. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

07/15/2002

Given the record evidence in this case, the Board cannot conclude, as a matter of law, that the Administrative Judge had to find Applicant's foreign passport was voided. Board need not decide at this time whether the voiding of a foreign passport constitutes "surrender" under ASDC3I memorandum on possession and use of foreign passports. Applicant's appeal arguments fail to demonstrate the Judge erred with respect to his conclusions under Guideline B (Foreign Influence). Adverse decision affirmed.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

07/12/2002

Applicant abused marijuana from 1969 to October 2000, and he drank beer on a regular basis when playing billiards with friends. An arrest for drunk driving and possession of marijuana in 1993 had no impact on his behavior. He deliberately did not disclose his arrest record or his illegal drug use on a January 1999 security clearance application as he feared loss of his employment. After his second arrest for drunk driving and illegal possession, Applicant ceased his drug use and moderated his alcohol consumption. With the insight gained from his participation in a driver alcohol education program in 2001, Applicant is not likely to relapse into substance abuse. Concerns persist for his judgment, reliability and trustworthiness because of his lack of candor and exhibited tendency to act in self-interest. Clearance is denied.


Criminal Conduct; Personal Conduct

07/10/2002

The Applicant is on probation for a 1999 Driving Under the Influence of Alcohol arrest. He also falsified a 1994 questionnaire concerning a 1993 detention by police during a domestic dispute. Adverse inference is not overcome. Clearance is denied.


Financial

07/09/2002

Applicant with history of consumer debt that was either referred for collection or reduced to judgment has been unable to utilize voluntary or credit consolidation resources to resolve her large debts despite salary increases and monthly remainders for several years now. While her debts were extenuated some by periods of seasonal unemployment by her husband, there has not been enough repayment efforts to date to mitigate trust and reliability concerns associated with her still active debt delinquencies. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial; Alcohol

07/08/2002

Applicant's falsification of his January 1999 Government employment application and his falsification of his August 1999 Security Clearance Application suggested he could not be relied upon to speak the truth if the truth raised questions adverse to his personal interests. His history of financial difficulties cast further doubt on his fitness for access to classified information. Clearance denied.


Personal Conduct; Criminal Conduct

07/03/2002

This 36-year-old-man was arrested on four occasions, 1983, 1989, 1993, and 1999. This history of offenses makes him ineligible to hold a security clearance. No mitigation was established. In addition, the 1983 offense was a burglary, for which he was sentenced to two years imprisonment, bringing him under 10 U.S.C. 986. This statute prohibits a person so sentenced from holding a security clearance. Clearance is denied.


Criminal Conduct; Personal Conduct

07/03/2002

Applicant's statements about his intent or state of mind are relevant evidence, but they are not binding on the Administrative Judge. The Judge's finding that Applicant falsified a security questionnaire in November 1998 is sustainable. In a security clearance adjudication, a Judge can find that an applicant has engaged in criminal conduct even if the criminal charges were dropped. Applicant's history of criminal conduct and his falsification of a security questionnaire provide a rational basis for Judge's adverse conclusions about Applicant's judgment, reliability, and trustworthiness. Adverse decision affirmed.


Financial

07/02/2002

The Government's evidence is insufficient to establish that applicant is indebted as alleged. Clearance is granted.


Financial

06/28/2002

Applicant's excessive indebtedness caused by a business downturn and a divorce have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

06/28/2002

Applicant, a native of Bangladesh, renewed his foreign passport after he became a United States naturalized citizen. In February 2001, he renounced his foreign citizenship and surrendered his foreign passport, demonstrating a clear preference for the United States. While his mother, stepmother and ten siblings remain citizens of Bangladesh, there is little risk of foreign influence presented by the foreign citizenship and residency of these family members. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

06/27/2002

The Applicant used marijuana, at times daily, from the 1970s to at least May 2001. 10 U.S.C. 986 applies. The Applicant also falsified a security clearance application and an employment application in March 2000. Adverse inference is not overcome. Clearance is denied.


Personal Conduct

06/27/2002

Applicant failed to list a domestic assault and repossession on his Questionnaire for National Security Positions. Applicant relied on his attorney's advice concerning the arrest, which had been placed on the stet docket, and did not list the repossession because it was his son's vehicle. Clearance is granted.


Financial; Personal Conduct

06/26/2002

In conjunction with his divorce in December 1988, Applicant was ordered by the court to pay the outstanding balances accrued during his marriage on three credit card accounts. Applicant has not made any payments on these debts since 1993, and he has no intent to do so. He did not report the three delinquent accounts on his SF 86 or disclose a 1987 arrest and conviction for operating under the influence of alcohol and a felony charge of carrying a concealed weapon. His failure to resolve some $21,323.00 in debt, in disregard of court order, and his lack of candor on his SF 86 raise significant security concerns. Clearance is denied.


Financial

06/26/2002

Board cannot consider new evidence on appeal. Applicant waived her opportunity to have information about her financial situation considered when she failed to respond to the File of Relevant Material and did not submit such information for consideration by the Administrative Judge during the proceedings below. Board need not address the Judge's unchallenged findings of fact. The Judge's adverse conclusions about Applicant's history of financial difficulties follow rationally from his unchallenged factual findings. Adverse decision affirmed.


Financial

06/25/2002

Applicant's long-standing indebtedness precludes a finding that it is clearly consistent with the national interest to grant him access to classified information at the present time. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

06/25/2002

Under the whole person concept, the Administrative Judge must consider all the record evidence, both favorable and unfavorable, in assessing an applicant's security eligibility. The Judge must weigh favorable evidence in light of the record as a whole and decide whether the favorable evidence outweighs the unfavorable evidence or vice versa. The Judge's findings about Applicant's falsification of a security questionnaire in August 1999 and a written statement in January 2001 provide a rational basis for the Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

06/25/2002

Applicant provided false answers concerning his drug usage on three different Questionnaires for National Security Positions, Standard Form (Std. Form) 86 in 1990, 1995, and 1997. On his 1999 security clearance application, the Applicant failed to list he had left the service under unfavorable circumstances. Clearance is denied.


Personal Conduct; Criminal Conduct

06/25/2002

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


Sexual Behavior; Personal Conduct

06/25/2002

Applicant's denial of inappropriate sexual contact with his minor daughter (over a period of more than two years) is not persuasive. His efforts to discredit an October 1998 signed, sworn statement, and the damaging admissions contained in it, are severely undermined by significant portions of the statement that are consistent with and corroborated by a July 1998, signed, sworn statement. Clearance is denied.


Personal Conduct; Foreign Influence; Foreign Preference; Outside Activities

06/25/2002

Applicant attending graduate school in Sweden. At which time he became a permanent resident, and obtained a work permit. He returned to the U.S. in 1993, but maintains a computer user account and web page through the foreign university as has the title of adjunct researcher. He maintains casual contact with friends who are foreign citizens. His actions do not pose a current risk of foreign influence or foreign preference. His outside employment or activities do not pose a conflict with his security responsibilities. Clearance is granted.


Personal Conduct; Criminal Conduct

06/24/2002

Board cannot consider new evidence on appeal. The Administrative Judge's findings and conclusions about Applicant's falsification of a security questionnaire are reasonable in light of the record evidence. The Judge's findings and conclusions about Applicant's falsification provide a rational basis for her adverse security clearance decision. Adverse decision affirmed.


Financial; Drugs; Personal Conduct

06/24/2002

Applicant with several old debts on which he has payment plans in force with the creditors and who mitigates 1998 positive drug test by showing overall sincerity of his passive inhalation claims and convincing four-year abstinence from drugs, marked by a negative random drug screen, restores reliability and trust requisite to his holding a security clearance. Clearance is granted.


Drugs

06/21/2002

Applicant's marijuana use stopped one year before close of the record. Use happened between ages of 17 and 22. Applicant has matured and evinces credible intent not to use marijuana in the future. Adverse inference is overcome. Clearance is granted.


Financial

06/20/2002

Applicant has a history of financial delinquencies from the mid-1990s. While he fell into debt initially due to his spouse's loss of employment, Applicant made financial decisions thereafter which contributed to their financial problems. Credit card accounts opened in Summer 2000 were charged off in 2001due to nonpayment. By April 2002, he was behind in his mortgage and in his electric bill. He intends to settle his past due accounts, but it is too soon to conclude his financial difficulties are safely of the past. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct.

06/20/2002

Applicant's lengthy and systematic embezzlement of his employer's business accounts cause doubt as to his reliability and trustworthiness in a security environment. Clearance is denied.


Personal Conduct

06/19/2002

The Applicant is suffering from a Disassociative Disorder, and admits he could be susceptible to blackmail, coercion, pressure or duress. Clearance is denied.


Foreign Preference; Foreign Influence

06/19/2002

Applicant has applied to revoke his British citizenship and has surrendered his passport. His family connections are not of a type that would make him vulnerable to coercion or pressure. Adverse inference is overcome. Clearance is granted.


Foreign Influence; Personal Conduct

06/18/2002

The security concern raised by the Lebanese citizenship and foreign residence of Applicant's stepfather and stepfather's brother is mitigated by Applicant's minimal contact with them, and by evidence these individuals no long have connections with the Lebanese Government. The security concern raised by Applicant's academic dishonesty has been mitigated by the time that has passed since its occurrence (more than 10 years) and by his current reputation for honesty and integrity; the security concern raised by his copying computer software has been mitigated by his testimony he did not knowingly and willfully violate copyright laws; and his omitting information from his SF 86 (Security Clearance Application) has been mitigated by evidence Applicant did not willfully falsify his SF 86, and the information omitted was not pertinent to a determination of his judgment, trustworthiness and reliability. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct

06/18/2002

Applicant is a dual citizen of the U.S. and the Republic of China (R.O.C.). He has relatives who are citizens of and living in a foreign country. After becoming a naturalized U.S. citizen, Applicant voted in two R.O.C. elections and his attendance at a seminar in the R.O.C. was paid by the R.O.C. government. Because the seminar and his most recent voting in a foreign election occurred after he made his application for a public trust position, his application is denied.


Financial; Personal Conduct; Foreign Influence

06/18/2002

Applicant disputes the significance of $20,000 in unresolved debt as the liabilities are so dated they were removed from his credit report. While his divorce and professional problems contributed to his financial difficulties, he failed to make prompt and sufficient efforts to address these financial issues. He did not seek financial counseling, so he still has not demonstrated sufficient control of his finances. While he failed to provide some information in response to one financial question on his security questionnaire, I accept that he had no intent to falsify as he revealed other adverse financial data. A naturalized U.S. citizen since 1976, Applicant's clear ties to the U.S. suggest any risk of foreign influence would be slight. Applicant mitigates the personal conduct and foreign influence concerns, but failed to mitigate security concerns over his finances. Clearance is denied.


Personal Conduct

06/17/2002

Applicant provided a false resume to his employer knowing that resume would be used as part of his employer's bid proposal on a federal contract. Because of the Applicant's deliberate falsification, clearance is denied.


Foreign Preference; Foreign Influence

06/17/2002

This 32-year-old engineer was born in the U.S. to Iranian parents, returned to Iran as an infant and settled permanently in the U.S. at age 11. Although an Iranian citizen by birth, she considers herself to be an American. Her only contact with Iran was to obtain a passport in 1993 to visit her grandmother in that year and 2000, and it has not been used for any other purpose. She has relatives in Iran but contacts are minimal. The Iranian passport has expired and will not be renewed. She will report any improper contacts by relatives. Mitigation has been established. Clearance is granted.


Financial; Personal Conduct

06/17/2002

Applicant owes back property taxes on a parcel of real estate which has been vacant since a 1991 fire destroyed the building in which his spouse had operated a small café. Unaware the city continued to assess real estate taxes on the vacant lot or that liens had been placed on the lot because of back taxes, Applicant denied on his July 1999 security clearance application any financial delinquencies or tax liens. Since learning of the tax debt, which had accrued with interest to more than $24,000.00 as of 2002, Applicant has been working with an attorney to resolve the matter. Clearance is granted.


Financial; Criminal Conduct

06/17/2002

Applicant who failed to file his federal and state tax returns for seven year period spanning 1993 through 1998 and who still owes substantial amounts of back federal taxes to IRS, with whom he seeks to compromise with, provides insufficient mitigation of security concerns by documentation of filing federal and state returns within the past 16 months (state returns filed just a month before hearing) and evidence of awaiting IRS approval of compromise payment plan. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct; Financial

06/17/2002

Applicant's multiple falsifications of his security clearance application and his multiple falsifications during three subject interviews suggested Applicant could not be relied upon to tell the truth if the truth presented potential adverse consequences to his personal interests. Applicant's fitness for access to classified information was further cast into doubt where Applicant had over $46,000.00 in delinquent debt which Applicant neither explained nor arranged to pay. Finally, Applicant was potentially subject to foreign influence where he had business interests in two foreign countries, one where his mother resided for six months of the year. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

06/14/2002

A user of marijuana from the early 1980s to September 2000 and of cocaine from 1990 to November 1999, Applicant deliberately falsified his July 1999 security clearance application by denying any drug involvement. In an August 2000 sworn statement, he misrepresented the facts surrounding his arrest for possession of cocaine in July 1993 and falsely claimed complete abstention from the use of illegal drugs throughout his employment with the defense contractor, as he feared he would lose his clearance and/or his job if he reported his drug use. Clearance is denied.


Personal Conduct

06/14/2002


Financial; Personal Conduct

06/14/2002

Applicant failed to mitigate security concerns over his finances and personal conduct. While he disputes debts to some creditors and while an earthquake in 1994 contributed to his financial problems, he failed to make prompt and sufficient efforts to address them. Nor did he seek financial counseling. He waited until his wages were garnished by creditors before he sought counsel in June 2001 and filed for Chapter 7 bankruptcy, but he included only a partial listing of his debts. His state tax liability of over $26,000 remains unresolved. He still has not demonstrated sufficiently that he has control of his finances. Further, he failed to provide all required information in response to financial questions on his security questionnaire. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

06/14/2002

The Administrative Judge was not required to accept at face value Applicant's explanations for the facts and circumstances surrounding incidents that occurred in June 1993, April 1999 and March 2000. Rather, the Judge was required to assess the credibility of Applicant's testimony at the hearing and consider Applicant's written and testimonial explanations in light of the record evidence as a whole. Harmless error by the Judge concerning a finding about the June 1993 incident does not warrant remand or reversal. Although the Judge erred with respect to one aspect of his findings concerning the falsification allegations, the Judge did not err by finding Applicant falsified a security questionnaire in December 1998 and falsified a written statement in February 2000. Favorable evidence cited by Applicant did not compel a favorable security clearance decision by the Judge. Adverse decision affirmed.


Criminal Conduct; Financial; Personal Conduct; Alcohol

06/13/2002

The recency and extent of applicant's criminal conduct, including a violation of 18 U.S.C. 1001, precludes a finding that he currently possesses the good judgment required of individuals with access to our nation's secrets. Clearance is denied.


Personal Conduct

06/12/2002

With his driver's license suspended because of several speeding tickets in the 1995/96 time frame, Applicant gave a false name to the police when he was stopped for motor vehicle violations in January 1997 and February 1997. Convicted of operating a motor vehicle after license suspended and false name violation following each incident, Applicant deliberately did not disclose either the January 1997 charges or the February 1997 false name violation on his security clearance application because he feared he would not be granted a security clearance. Not wanting to jeopardize all that he had worked for, Applicant initially denied during a February 2001 interview that he had ever given a false name to the police. Clearance is denied.


Drugs

06/05/2002

The Applicant used marijuana from 1975 until January 2002. 10 U.S.C. 986 applies. Insufficient mitigation is shown. Clearance is denied.


Personal Conduct

06/05/2002

This 28-year-old Applicant intentionally falsified material information about the extent of his marijuana use in a May 2000 security clearance application and in an October 2000 sworn statement to the Defense Security Service, before telling the truth. Under these circumstances, finally telling the truth does not mitigate or extenuate the negative effect of the falsifications. Clearance is denied.


Security Violations

06/03/2002

The Applicant committed two security violations in January and March 1999. The first incident was inadvertent, since the Applicant had not been notified of the classified nature of the briefing. The second incident was isolated, partially due to inadequate training, and he has demonstrated a positive attitude towards the discharge of his security responsibilities in the subsequent three years. Adverse inference is overcome. Clearance is granted.


Personal Conduct

05/31/2002

Applicant who as a founder, president and CEO of a major defense contractor was indicted and sued civilly by the Government and civil complainants on inflated claims submissions re: a Government contract, and suspended by the AF from doing business for five years. As a part of a global settlement, the criminal and civil claims against Applicant and the other individual defendants were dismissed. No wrongdoing can be imputed to Applicant, who is strongly endorsed by many end user customers and the prosecuting US Attorney, given a clean bill of health by the AF Inspector General, and afforded the benefit of D & O insurance coverage. Clearance is granted.


Personal Conduct

05/31/2002

Applicant along with his defense contractor employer and other officers were indicted and sued civilly for overcharging the Government on cost-plus sub-contracts, and who was later suspended (along with his defense contractor) from doing business with the Government for five years. By a global settlement, Applicant and the other individual defendants were dismissed. No evidence of any wrongdoing has been attributed to Applicant by the AF Inspector General, and he has received strong endorsements from a number of Government end use customers. Company A is rehabilitated and doing business with the Government, and Applicant establishes his trustworthiness. Clearance is granted.


Criminal Conduct, Personal Conduct

05/31/2002

Applicant had been arrested for, charged with, and convicted of domestic violence in June 1998, after she scratched her husband in self defense during a domestic dispute. Although she omitted information of this arrest from her SF 86 (Security Clearance Application), the omission is not found to be pertinent to a determination of her judgment, trustworthiness, or reliability because of Applicant's persuasive, exculpatory account of the facts and circumstances surrounding her arrest and conviction. Clearance is granted.


Personal Conduct; Criminal Conduct

05/31/2002

Twenty-five year old Applicant's falsification, omission, and concealment in June 1999, made under certification, on a Security Clearance Application, regarding past illegal use of drugs or drug activity, in light of his eventual admission that he had experimented with marijuana during 1995-96, as well as his denial of more recent marijuana abuse despite testing positive for marijuana in September 1998, characterized by Applicant as a false positive, constitute violations of Federal law, Title 18, United States Code, 1001, a felony, and raise grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Foreign Influence; Foreign Preference

05/30/2002

The Applicant became a U.S. citizen on September 17, 1999, at which time she possessed a Chinese passport. Just prior to the hearing, she returned her foreign passport. Applicant's mother, father and sister are citizens of China. Her father is a permanent resident in the United States; her sister is a permanent resident of Germany; Applicant's mother is presently residing in China. Arrangements have been made to have her mother obtain a visa and immigrate to the United States and live with the Applicant. Under specific facts in evidenced herein, the Government's security concerns have been mitigated by Applicant's strong preference for, and demonstrated loyalty and allegiance to, the United States. Clearance granted.


Financial; Personal Conduct

05/30/2002

Applicant's financial difficulties were not mitigated where Applicant's belated efforts to address his indebtedness were spurred only by issuance of the SOR, where debts were paid only in the wake of issuance of the File of Relevant Material, and where Applicant had failed to provide corroboration of the payment arrangement on his delinquent student loans. Applicant's failure to cooperate cast doubt on his fitness for access to classified information. However, record did not support allegation he falsified his financial situation on his clearance application. Clearance denied.


Financial

05/30/2002

Applicant with history of delinquent debts, most extenuated by unemployment and added family medical expenses, but who provides no timely repayment plan for mitigating his debts within the time afforded (both prior and after the hearing), fails to successfully mitigate security concerns over his delinquent finances. Clearance is denied.


Personal Conduct; Sexual Behavior

05/29/2002

When he completed a security clearance questionnaire, Applicant intentionally failed to admit his previous arrest for solicitation of prostitution, and he signed the questionnaire under a certification of truth, thereby demonstrating dishonesty and unreliability. Clearance is denied.


Foreign Preference; Personal Conduct

05/28/2002

Applicant emigrated from India with her family in May 1988 when she was nine years old. With the acquisition of United States citizenship by naturalization in June 1999, she renounced her Indian citizenship. She continued to possess an Indian passport issued to her in 1993, giving no thought to its surrender as it was no longer valid for travel. Applicant did not report her possession of that foreign passport on her October 2000 security clearance application, as she thought disclosure was required of only those foreign passports in current use. At her request, Applicant's foreign passport has since been formally cancelled and her renunciation of her Indian citizenship formally acknowledged by Indian consular officials. Clearance is granted.


Foreign Preference; Foreign Influence

05/28/2002

This 45-year-old engineer was born in China, but came to the US in 1985. She lost her Chinese citizenship when she became a naturalized American in 2000. She has surrendered her Chinese passport and considers herself to be an American only. There is minimal risk that her relatives in China would ask her to act against US interests and even less that she would agree to so do. Clearance is granted.


Criminal Conduct; Personal Conduct

05/28/2002

Although Applicant spent no time in jail and served his two-year probation without incident, his firearms conviction and sentence to two years imprisonment required denial of his clearance under the provisions of 10 U.S.C. 986. Clearance denied.


Financial

05/28/2002

Board cannot consider new evidence on appeal. Applicant's appeal arguments fail to persuade the Board that the Administrative Judge did not consider Applicant's response to the File of Relevant Material or other record evidence submitted by Applicant. In assessing Applicant's responsibility for financial debts under Guideline F, the Judge was not bound by the terms of a settlement agreement between Applicant and his spouse. The settlement agreement did not preclude the Judge from considering Applicant's separate legal responsibility to creditors. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

05/23/2002

The Applicant was less than candid with the Government on five separate occasions. Each time was also a violation of 18 U.S.C. Section 1001. Clearance is denied.


Financial; Criminal Conduct; Drugs

05/23/2002

Applicant's excessive indebtedness and her arrest and conviction for methamphetamine use, and possession for sale, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence

05/23/2002

Applicant credibly states her relatives residing in the Phillippines are not in a position to be exploited in a way that could force her to choose between loyalty to them and loyalty to the United States. However, because the financial assets Applicant and her husband are known to own in the Phillippines exceed their known assets in the United States, clearance is denied.


Financial

05/23/2002

Applicant fell behind on his financial obligations when he was a young, enlisted operations specialist in the military with four dependents to support. He stopped payment on a $6,000.00 consolidation loan in 1996 and an automobile was repossessed in October 1996, leaving him with a deficiency balance. Since going to work for a defense contractor in November 1998, he has not incurred any new delinquencies. He began on his own in 1999 to repay the consolidation loan. Since September 2001, he has been working with a consumer credit counseling service to resolve the consolidation debt, which is down to $2,900.00, and the repossession debt of $9,417.37. Clearance is granted.


Financial

05/23/2002

In view of the formal guidelines set forth in the Directive, as well as the "clearly consistent with the national interest" standard that must be followed in DOHA proceedings, applicant's current financial condition precludes a finding that he is currently eligible for access to classified information. Clearance is denied.


Foreign Preference; Foreign Influence

05/22/2002

Applicant came to the U.S. from Iran in 1977 to attend college, and has remained here, raised a family, began a professional career, and contributed significantly to the national defense. He became a U.S. citizen in 1997 and obtained a U.S. passport. He obtained an Iranian passport in 2000, in order to care for his ill mother. He surrendered the Iranian passport and renounced Iranian citizenship in 2002. Mitigation/extenuation has been demonstrated. Clearance is granted.


Financial

05/22/2002

After admitting she was delinquent in making payments on financial obligations totaling more than $10,000.00 in her signed, sworn statement to DSS and in her Security Clearance Application, Applicant denied all SOR allegations of financial delinquency, except for an indebtedness of $394.00. She provided documentation that debts totaling $2,067.00 had been satisfied, but did not provide information or an explanation for the remaining debts. Clearance is denied.


Drugs

05/21/2002

Applicant's failure to unequivocally state that he will not use marijuana in the future precludes application of Mitigating Condition 3. Clearance is denied.


Foreign Influence; Foreign Preference

05/21/2002

Although Administrative Judge decisions may be cited as persuasive authority, they are not binding on Board. A person who chooses to act as a representative of a foreign country or foreign entity is an agent of that foreign country or foreign entity for purposes of the representation. The security significance of Applicant's effort to obtain foreign citizenship is not materially diminished by the fact that he failed to achieve his objective. The mere fact that an applicant is motivated by purely personal desires or goals does not immunize the applicant's conduct from scrutiny for its security significance. Actions indicative of a foreign preference do not lose their security significance merely because they may continue in the future with diminished frequency. Under Guideline B, foreign influence is not limited to influence exercised through coercion or duress; rather it can include noncoercive forms of influence. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

05/21/2002

Applicant's history of marijuana use and his deliberate material falsifications on his security clearance application, and in a statement to DSS, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence; Foreign Preference

05/20/2002

Applicant's actions since moving to the United States in 1984 indicate a clear preference for the United States over the Philippines. Clearance is granted.


Foreign Preference; Foreign Influence

05/20/2002

The Applicant is not and was not a dual citizen; and as such, he never held a valid foreign passport while a U.S. citizen. His family and friends, who are foreign nationals, are not agents of a foreign power, nor are they in a position to be exploited by a foreign power. Clearance is granted.


Financial

05/20/2002

The Applicant has an outstanding judgement in excess of $96,000.00. Despite having a positive income flow of nearly $900.00 each month, the Applicant has done nothing to address his judgement. Clearance is denied.


Security Violations

05/20/2002

The Applicant committed a single, serious security violation in March 1999. The incident was isolated, partially due to inadequate training, and he has demonstrated a positive attitude towards the discharge of his security responsibilities in the subsequent three years. Adverse inference is overcome. Clearance is granted.


Financial; Personal Conduct

05/17/2002

Applicant is indebted in the aggregate amount of $9,314.00 on five accounts which fell delinquent and were charged off and/or placed for collection between April 1995 and June 1999. He deliberately did not disclose any financial delinquencies on his security clearance application executed in March 2000. Applicant's ongoing failure to address financial accounts for which he remains legally responsible, and his lack of full candor about his financial difficulties, warrant denial of a security clearance on the basis of unmitigated financial considerations and personal conduct concerns. Clearance is denied.


Financial; Personal Conduct

05/17/2002

The Administrative Judge's finding that Applicant falsified a personnel security questionnaire is sustainable. The Judge's analysis of Applicant's history of financial difficulties is not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Foreign Influence; Foreign Preference

05/16/2002

Although Applicant had surrendered one of his expired Lebanese passports and had applied for renunciation of his Lebanese citizenship, Applicant did not overcome the adverse implications of his demonstrated foreign preference by obtaining a Lebanese passport in 1990, renewing it in 1996, and using it to travel to Lebanon in 1991, 1996, and 1998--all in preference to his U.S. citizenship and passport (obtained in April 1991, before his first trip to Lebanon). Similarly, Applicant did not rebut his susceptibility to foreign influence based on his mother's living in Lebanon and his own real estate interests in Lebanon. Clearance denied.


Financial; Personal Conduct; Criminal Conduct

05/15/2002

Applicant's financial irresponsibility was not mitigated where Applicant's debts were caused both by circumstances beyond her control and her own irresponsibility and where she had taken no effective action to address her indebtedness, in large part because she lacks the means to do so at present, and is not expected to have the means to do so in the foreseeable future. Applicant's falsification of her financial history suggested she could not be relied upon to state the truth if the truth presented potential adverse consequences to her personal interest. Clearance denied.


Foreign Preference; Foreign Influence

05/15/2002

Applicant has revoked her Taiwanese citizenship and surrendered her passport. Her family connections are not of a type that would make her vulnerable to coercion or pressure. Adverse inference is overcome. Clearance is granted.


Foreign Influence; Foreign Preference

05/15/2002

Applicant is a dual citizen of the U.S. and France. The Applicant has nine siblings who are citizens of and living in foreign countries. The Applicant had a French passport, but when informed of the requirements set forth in the ASDC3I memo, she returned it to the French embassy. She has expressed a willingness to renounce her dual citizenship and has surrendered her foreign passport. Her siblings, husband, and children are not agents of a foreign power nor in a position to be exploited by a foreign power. Clearance is granted.


Foreign Influence; Foreign Preference; Criminal Conduct

05/15/2002

Applicant, a citizen of the United States from birth and Israel from age five, was raised as an Israeli citizen. He served in the Israeli military while failing to register with the Selective Service in the United States, and renewed and used his Israeli passport in preference to his United States passport on trips to Israel after he moved to the United States in 1994. While he recently renounced his foreign citizenship and surrendered his foreign passport, his actions were motivated by DoD requirements rather than a preference for the United States. Doubts persist as to whether Applicant can be counted on to make decisions free of concerns for Israel, and the Israeli residency and citizenship of several close family members presents an unacceptable risk of foreign influence. Clearance is denied.


Alcohol

05/14/2002

Since being arrested for two alcohol-related incidents within 5 months (August 2000 and January 2001), Applicant, a 44-year-old software engineer with an excellent work record and no prior arrests for alcohol-related misconduct, has completed a required alcohol counseling program, been given a good prognosis by one of the addictions counselors, abstained from alcohol for 10 months, and improved the relationship with his wife. Clearance is granted.


Foreign Preference; Foreign Influence

05/14/2002

Applicant was a dual citizen of the US and Israel. She has surrendered her foreign passport and her foreign citizenship has been revoked. She has relatives who are citizens of and living in foreign countries and in the US. None of her relatives are agents of a foreign power or in a position to be exploited by a foreign power. Clearance is granted.


Financial; Personal Conduct

05/14/2002

Applicant's excessive child support indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

05/09/2002

Thirty-five year old Pakistani-born Applicant--holding dual citizenship because of his July 1999 naturalization as a U.S. citizen--obtained a Pakistani passport in April 1998, before he was naturalized; and failed to surrender the Pakistani passport, or to obtain official approval for the foreign passport from the appropriate agency of the United States Government. In light of the August 2000 ASD/C3I memorandum implementing a passport policy "clarification," grave questions and doubts are raised as to his allegiance to the United States and as to his security eligibility and suitability. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

05/08/2002

Regardless of the amount of his drinking and where he chose2 to violate his probation, he still demonstrated poor judgment, which is not sufficiently allayed by his voluntary admission of drinking during the probationary period. His decision to resume drinking despite the probation condition, indicates Applicant is willing to break the law if he has to, in order to achieve his objectives. Clearance is denied.


Criminal Conduct; Foreign Influence

05/08/2002

Applicant pleaded guilty to a criminal (felony) sexual misconduct charge arising from an encounter with his 14-year-old stepdaughter in 1986. Since being incarcerated for 18 months and serving 5 years probation, he has lived an exemplary life. He is the owner and chief executive officer of a company he founded in 1993. He has an outstanding reputation for honesty and integrity amongst his professional colleagues and associates and has not had any further problems with law enforcement authorities. The security concern raised by his recent marriage to a Russian citizen, whose in-laws reside overseas, is mitigated by Applicant's assurances none of these individuals are currently employed by a foreign government. Because he was sentenced to imprisonment for a term which exceeded one year, Applicant is ineligible for security clearance unless granted a waiver by the Secretary of Defense, See 10 U.S.C. 986. Clearance is denied.


Financial; Criminal Conduct

05/08/2002

Board need not address nonmaterial issues raised on appeal. An applicant's candor with the government does not preclude the Administrative Judge from considering the security implications of the applicant's conduct and circumstances. An adverse security clearance decision can be based on an applicant's conduct and circumstances that have negative security significance independent of any potential for blackmail. DOHA proceeding is not a proper forum for Applicant to challenge the propriety and legal sufficiency of his court-martial proceedings. Judge properly considered record evidence as a whole and made findings and reached conclusions that are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Drugs; Personal Conduct

05/08/2002

Although the Applicant's drug involvement is not recent, having ended more than six years ago, he was less than candid about his past drug usage when he executed his Security Clearance Application in August of 1998. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

05/08/2002

Applicant with a history of alcohol-related and domestic violence offenses spanning 1997 and 1999, continued drinking to intoxication and deliberate omission of his alcohol-related arrests and convictions on his executed SF-86, fails to extenuate or mitigate his covered conduct. Clearance is denied.


Financial; Personal Conduct

05/07/2002

Applicant attributes the $13,000.00 in delinquent financial obligations to her naively agreeing to have all family assets and credit accounts held in her name while ceding financial management of the household finances to the husband whom she divorced in May 1999. Since divorcing, she has paid off an $8,191.00 obligation to the IRS. However, because she failed to disclose any of her delinquent financial obligations on a Security Clearance Application she completed in April 2000, her clearance is denied.


Drugs

05/07/2002

Applicant's recreational abuse of marijuana in the mid 1980s and between October 1994 and March 2001 was mitigated where Applicant had stopped using marijuana in March 2001 and stated a clear intent to refrain from future drug abuse--both because of his employment requirements and his family situation. Clearance granted.


Alcohol

05/07/2002

Board cannot consider new evidence on appeal. The adverse effect that an unfavorable security clearance decision might have on an applicant's employment is irrelevant to determining whether it is clearly consistent with the national interest to grant or continue a security clearance for the applicant. Administrative Judge articulated a rational basis for her doubts about the sufficiency of Applicant's efforts at alcohol rehabilitation. Given those doubts, the Judge properly resolved them in favor of the national security. Adverse decision affirmed.


Personal Conduct

05/02/2002

On three occasions Applicant knowingly provided false information about his history of drug usage, and he failed to voluntarily correct his falsifications in a timely or prompt manner, causing doubt as to his honesty in a security environment. Clearance is denied.


Financial

05/01/2002

While Applicant's past financial conduct and personal conduct raised security concerns, he has mitigated these concerns. He has an agreement to pay his back state taxes and has explained or resolved the majority of his other financial issues. To his credit Applicant is highly regarded at work and now lives within his means. In evaluating his failure to disclose all required adverse financial information on his security forms, Applicant did not intend to omit any substantial information as he was not aware of adverse judgments and debts, several of which were reported after he completed his 1998 security clearance application (SF 86); he did reveal other adverse information on the form. Clearance is granted.


Sexual Behavior; Criminal Conduct

05/01/2002

Board cannot consider new evidence on appeal. Administrative Judge's findings about Applicant's conduct reflect a reasonable interpretation of the record evidence. The Judge's conclusions follow rationally from his findings of fact and do not reflect any arbitrary or capricious reasoning. Adverse decision affirmed.


Criminal Conduct

05/01/2002

This 55-year-old applicant was convicted of felonies in 1972 and 1989. In the 1989 matter, he was sentenced to five years in prison, sentence suspended, and two years probation was imposed. Pursuant to 10 U.S.C. 986, Applicant is prohibited from holding a security clearance. Clearance is denied.


Personal Conduct

04/30/2002

Because Applicant waited over a year to report the alcohol-related incident, the favorable character evidence is insufficient to overcome the negative evidence under the personal conduct guideline and the whole person concept. Clearance is denied.


Foreign Preference; Foreign Influence

04/30/2002

Applicant, a United States citizen from birth, was raised in New Zealand by United States citizens. After acquiring his Ph.D. degree from a university in the US, he returned in 1991 to New Zealand and acquired his foreign citizenship in 1996. In January 1997, he came to the United States to work for a defense contractor. He has since married and is raising a daughter here. Intent on remaining in the US, Applicant surrendered his foreign passport and is willing to renounce his foreign citizenship. While his parents and brother remain in New Zealand, these foreign connections are outweighed by the close family bonds shared with his spouse and her family, all of whom are United States citizens residing in the US. Clearance is granted.


Personal Conduct; Financial

04/30/2002

Applicant who accumulated considerable divorce-related marital award and child custody arrearage, along with assorted medical debts during major periods of unemployment, repays most of his accumulated debts (some by garnishment) and restores finances to stability consistent with his repayment abilities. However, he is unable to successfully convince me that his arrest and debt understatements were attributable to memory lapse. Clearance is denied.


Foreign Preference; Personal Conduct

04/30/2002

Applicant falsified a questionnaire by not admitting that he had two active FC passports during the seven years before the date of the questionnaire. Applicant mitigated the foreign preference allegation due to his surrender of the FC passport in accordance with Money Memorandum. Adverse inference is not overcome. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

04/29/2002

Applicant's excessive indebtedness, his failure to file his 1994, 1995, and 1996 income tax returns, and his intentional falsifications on his security clearance application have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Alcohol

04/29/2002

Applicant's history of alcohol abuse from 1989 until at least 1999 that includes numerous alcohol related incidents has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

04/29/2002

Applicant's willingness to renounce his foreign citizenship by surrendering his passport to the proper authorities, and his minimal foreign contacts, have been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.


Foreign Preference; Financial

04/29/2002

Applicant was born and raised in the United States. He has surrendered his foreign passport, and is in the process of officially renouncing his foreign citizenship. Clearance granted.


Personal Conduct

04/26/2002

Applicant's intentional falsification of his answer to question 20 of the SF-86 in June 2000 also falls within the personal conduct guideline as representing an intentional falsification of a security form used by the Government to assess security suitability. Applicant's continuing denial he falsified the security form eliminates the mitigating conditions from favorable consideration. Clearance is denied.


Personal Conduct; Foreign Influence; Foreign Preference; Outside Activities

04/26/2002

A complete copy of a relevant and material exhibit was not in case file that was forwarded to Board after notice of appeal was filed. Board is not responsible for creating or reconstructing record evidence; rather, it is the primary responsibility of the parties subject to the responsibility of Administrative Judge to exercise reasonable control over development of record evidence by parties to ensure the case proceeds in a fair, timely, and orderly manner. Rebuttable presumption that a Judge considered all the record evidence fails when there are clear indications that an exhibit in the case file is incomplete or missing pages. Without a complete copy of the relevant and material exhibit, it would be premature for Board to address the issues raised on appeal. Favorable decision remanded with instructions.


Foreign Preference

04/25/2002

Applicant was born in Canada, came to the US when he was one year old, and was raised in the US. The Applicant, a dual citizen of the US and Canada, has applied to renounce his Canadian citizenship and has surrendered his Canadian passport to the Canadian Embassy. Clearance is granted.


Alcohol

04/25/2002

Applicant, with three alcohol-related arrests in 14 years (1986, 1993, and 1999), has been arrested most recently in October 1999. Since that arrest, Applicant has completed an alcohol treatment program, participated in AA regularly, and totally abstained from alcohol for more than 30 months. Clearance is granted.


Foreign Preference; Foreign Influence

04/24/2002

Applicant was born in Wales and is a dual citizen of the US and the UK. The Applicant's stepmother and her three siblings are citizens of and living in the UK. They are not agents of a foreign power or in a position to be exploited by a foreign power. Clearance is granted.


Criminal Conduct; Financial

04/24/2002

In February 1997, Applicant was found guilty of welfare fraud and sentenced to 18 months incarceration, which was suspended. 10 U.S.C. 986 directed a clearance must be denied. She owes approximately $9,500.00 on six accounts. The debts have not been paid, nor has a repayment arrangement been made concerning these debts. Clearance is denied.


Alcohol; Personal Conduct

04/23/2002

Although Applicant had been arrested six times for alcohol-related incidents in a 20-year time frame, only one of these arrests (October 1998) had occurred in the past 10 years. Since this arrest, Applicant has participated in and completed a four month counseling program and considerably reduced his alcohol consumption. Because Applicant disclosed his most recent (October 1998) DUI arrest and other recent adverse information, his failure to disclose two earlier felony charges on his January 2001 Security Clearance Application was found to be the result of carelessness and inattention, rather than a deliberate intent to deceive; he received six month probation and $25.00 fine for the 1975 charge, and the 1997 charge was nolle prosequi. Clearance is granted.


Criminal Conduct

04/22/2002

Applicant's drug conviction and sentence to four years imprisonment required denial of his clearance under the provisions of 10 U.S.C. 986. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

04/22/2002

Applicant used crack cocaine between 1980 and 1997, at one point being addicted to it. When he completed his Questionnaire for National Security Positions, he provided a false answer concerning his drug usage. Clearance is denied.


Criminal Conduct

04/22/2002

In 1975, Applicant was charged with 2 counts of forgery, a felony, and she pleaded guilty to these charges and was sentenced to 2 years in jail, suspended, and was placed on 2 years probation. DoD is prohibited from granting a security clearance to an individual that has been convicted and sentenced to imprisonment for a term exceeding one year. Clearance is denied.


Sexual Behavior; Criminal Conduct

04/22/2002

Under pertinent Operating Instruction, Board is responsible for resolving any appeal as to applicability of 10 U.S.C. 986. Board affirms Administrative Judge's conclusion that 10 U.S.C. 986 precluded him from making a favorable decision in Applicant's case. Operating Instruction does not authorize Board to review a Judge's recommendation whether or not a waiver under 10 U.S.C. 986 should be considered. Under Operating Instruction, Board is not authorized to give reasons or an explanation for its decision to recommend or not recommend that a waiver be considered. Since Board is asked to make a recommendation in its own capacity, Board is not bound by the recommendation made by the Judge below and must review the record evidence as a whole in order to fulfill its obligation to make a meaningful decision whether to recommend or not that a waiver should be considered. Adverse decision affirmed. The Appeal Board does not recommend consideration of this case for a waiver of 10 U.S.C. 986.


Drugs; Personal Conduct

04/19/2002

Applicant attempted to sell cocaine and marijuana to supplement his income. When Applicant completed his Questionnaire for National Security Positions he provided false answers concerning his drug arrests, drug usage, and police record. Clearance is denied.


Personal Conduct; Financial

04/19/2002

Administrative Judge clearly erred by finding Applicant did not submit documentation to support his claim that he had satisfied his federal tax debts. However, under particular facts of this case, the Judge's error does not warrant remand or reversal. Given record evidence in this case, it was not arbitrary or capricious for Judge to draw adverse conclusions under Guideline F from Applicant's failure to address his federal tax debts or his child support obligations in a timely manner. Also, the Judge's unchallenged findings and conclusions about Applicant's falsification of material facts in a security questionnaire and a written statement he gave to an investigator provide a rational basis for Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Alcohol

04/19/2002

Applicant has a history of binge drinking from the 1970s to 2001. While he moderated his consumption following a domestic incident in March 1995, he continued to consume alcohol to intoxication on occasion and to use alcohol to cope with stress and anxiety. Counseling from August 2001 to March 2002 is viewed favorably, but he has stopped taking medication for anxiety and depression, increasing the risk of relapse into abusive drinking. Clearance is denied.


Foreign Preference; Foreign Influence

04/18/2002

Applicant is a dual US-Norwegian citizen. He was born in Norway to a US citizen. He has a current Norwegian passport and does not intend to relinquish it. Because the Applicant holds a foreign passport, clearance is denied.


Drugs

04/18/2002

Applicant used marijuana between 1976 and 1998. She intents not to use marijuana in the future. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

04/18/2002

While Applicant's past financial conduct, criminal conduct, and personal conduct all raised security concerns, he has mitigated these concerns. He has finally worked out an agreement with the IRS to pay his back taxes which is the only fault noted in his financial conduct. To his credit Applicant is highly regarded at work and is rehabilitated from his earlier minor criminal misconduct. In evaluating his failure to disclose all required information on two security forms, it is important to note that Applicant did reveal other significant adverse information, such as his difficulties with the IRS concerning his taxes and most of his arrests, including a more recent one in 1998. Based on these other disclosures and his testimony, I am persuaded that it was not his intent to omit any substantial information. Clearance is granted.


Criminal

04/18/2002

Under the pertinent Operating Instruction, Board is responsible for resolving any appeal as to the applicability of 10 U.S.C. 986. Board affirms Administrative Judge's conclusion that 10 U.S.C. 986 precluded him from making a favorable decision in Applicant's case. The Operating Instruction does not authorize the Board to review an Administrative Judge's recommendation whether or not a waiver under 10 U.S.C. 986 should be considered. Under the Operating Instruction, the Board is not authorized to give reasons or an explanation for its decision to recommend or not recommend that a waiver be considered. Since the Board is asked to make a recommendation in its own capacity, the Board is not bound by the recommendation made by the Judge below and must review the record evidence as a whole in order to fulfill its obligation to make a meaningful decision whether to recommend or not that a waiver should be considered. Adverse decision affirmed. The Appeal Board does not recommend consideration of this case for a waiver of 10 U.S.C. 986.


Alcohol

04/17/2002

Applicant's history of alcohol abuse from 1983 to 1999 was mitigated where he had moved away from the influences which encouraged him to abuse alcohol, gotten a new job in another part of the state, and adopted a more responsible attitude toward alcohol consumption. Clearance is granted.


Financial

04/17/2002

Applicant owed approximately $57,000.00 on eight accounts. Although one of the debts was related to a business failure, the Applicant was divorced, and bankruptcy proceedings have been commenced, the debts still exist. Clearance is denied.


Criminal Conduct

04/16/2002

In 1995, the Applicant was found guilty of a misdemeanor and sentenced to two years in the Department of Correction, which was suspended. The incident occurred when the Applicant was in high school, prior to December 1989. 10 U.S.C. 986 directed a clearance must be denied. A waiver of 10 U.S.C. 986 is recommended.


Financial

04/16/2002

The Applicant has done nothing to address his in excess of $19,000 in past due indebtedness. Clearance is denied.


Foreign Preference; Foreign Influence

04/15/2002

Applicant was born in Greece and is a dual citizen of the US and Greece. The Applicant's two elderly sisters are citizens of and living in Greece. His sisters are not agents of a foreign power or in a position to be exploited by a foreign power. Clearance is granted.


Foreign Influence; Foreign Preference

04/15/2002

Applicant is an independent consultant on a retainer for a defense contractor since 1990. He has continued in a reciprocal business referral relationship with an Israeli citizen who is principal owner of a company in that nation, linking the foreign national with United States companies involved in tracking/detection, wall penetrating radar, and desalination. There is an increased risk of unauthorized disclosure of classified information as well as foreign influence because of these outside activities, which are not subject to any independent oversight or control. Clearance is denied.


Personal Conduct

04/15/2002

Applicant's denials of any intent to falsify are relevant evidence, but they are not conclusive or binding on Administrative Judge. Judge had to consider Applicant's denials in light of record evidence as a whole and make a reasonable finding as to whether Applicant falsified materials facts when he completed a security questionnaire and failed to disclose a significant portion of his criminal record. Judge's finding of falsification is sustainable. Adverse decision affirmed.


Financial

04/15/2002

The Applicant has favorably addressed all of his past due indebtedness. Clearance is granted.


Foreign Preference

04/15/2002

Board cannot consider new evidence on appeal. There is no presumption of error below and the appealing party has the burden of demonstrating error below. Board will not review an Administrative Judge's findings or conclusions when they are not challenged on appeal. Adverse decision affirmed.


Foreign Preference; Foreign Influence

04/15/2002

Applicant is a dual citizen by virtue of her birth in Canada 28 years ago to an American mother and Canadian father. She was issued a U.S. passport in 1991. Before moving to the United States with her Canadian husband in early 1994, she had voted in two Canadian elections and been issued a Canadian passport. Since moving to the United States, her son was born in August 1995, she has voted in two U.S. presidential elections, and she began working for a DoD contractor (December 1998). Although five half-brothers live and work in Canada, Applicant's mother and father have resided in the United States for the past ten years. The three half-brothers with whom Applicant has contact to not work for the Canadian government and the other two half-brothers are not known to have connections with the Canadian government. The security concern raised by Applicant's half-brothers residing in Canada and her expressed interest in maintaining citizenship in the country (Canada) where she was born and grew up, is mitigated by her professed and demonstrated allegiance to the United States, and by her more significant connections (her son, livelihood and parents) with this country. Clearance is granted.


Criminal Conduct; Foreign Influence; Personal Conduct

04/12/2002

Applicant's criminal conduct and personal conduct in 1991, involving a charge of Corporal Injury to a Child, a Felony, and Child Abuse, a Felony, was reduced to a misdemeanor of Child Endangerment, and was mitigated by sufficient evidence of reform and rehabilitation. Applicant foreign influence was of no security significance. A determination of trustworthiness is granted.


Foreign Preference; Foreign Influence

04/12/2002

Applicant's dual citizenship, including possession of a valid foreign passport after having become a United States citizen; and her foreign contacts, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

04/12/2002

Applicant's dual citizenship, and his unwillingness to renounce his foreign citizenship in an effort to protect his foreign interests; and his foreign contacts, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct; Criminal Conduct

04/12/2002

Applicant who falsified his SF-86 by omitting his alcohol-related arrests, drug use, and drug counseling/treatment and who failed to promptly correct his omissions when first afforded an opportunity to do so in a follow-up DSS interview fails to mitigate his omissions sufficiently to satisfy minimum requirements of reliability and trustworthiness. Clearance is denied.


Criminal Conduct, Personal Conduct

04/11/2002

Applicant, a retired 53-old-military officer, accepted employment (after retirement) with a DoD contractor with whom he had had considerable contact while exercising oversight responsibilities on a government contract from 1993 to 1995. Although his retirement employment did not require him to work on this contract for the DoD contractor, he voluntarily made two telephone calls to the military comptroller (in October 1996) of the military installation where the contract was being performed to check on the status of an overdue lease payment arising out of the contract. He was charged with and pleaded guilty to violating federal conflict of interest statutes. The incident was an isolated event that occurred more than five years ago after Applicant had completed 26 years of distinguished military service. The security concern raised by his brief lapse in judgment has been mitigated by the above circumstances and by the rehabilitation demonstrated in his acceptance of full responsibility for his actions. Clearance is granted.


Personal Conduct

04/10/2002

There is no statute of limitations for adjudicating security clearance cases, and doctrine of laches does not apply to such cases. There is a rebuttable presumption that an Administrative Judge is impartial and unbiased and the appealing party has a heavy burden when seeking to overcome or rebut that presumption. There is sufficient record evidence to support Judge's finding that Applicant falsified material facts in a written statement he gave to an investigator in January 2000. Factual allegations in a Statement of Reasons can be cited under more than one Guideline as long as there is a rational basis for doing so. Judge's findings and conclusions provide a rational basis for her adverse conclusions about Applicant's judgment and reliability. Adverse decision affirmed.


Financial

04/10/2002

Board cannot consider new evidence on appeal. Applicant fails to demonstrate the Administrative Judge's findings and conclusions about her history of financial difficulties are in error. Applicant's history of financial difficulties provides rational basis for Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Financial

04/09/2002

Board cannot consider new evidence on appeal. Given the record evidence before the Administrative Judge, it was not unreasonable for the Judge to conclude Applicant's history of unresolved indebtedness raised security concerns and that she failed to demonstrated that her financial history was mitigated. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

04/08/2002

Applicant's 1984, 1989, 1995 and 1996 criminal conduct and his personal conduct in omitting material information from his security forms all raise security concerns. In completing1997 and 1999 security forms, he failed to reveal the 1989 criminal conviction and offered discrepant defenses for this omission. With the 1995 and 1996 charges and guilty pleas, he served consecutive sentences that totaled 480 days. To his credit Applicant was granted an early discharge from sentence in 1998, has a successful work record, moved away from his fixation with guns, and has not subsequently been involved with any criminal activity. This evidence mitigates the 1984 and 1989, but not the 1995-96, criminal conduct. The Smith Amendment (10 U.S.C. Section 986) disqualifies anyone convicted and sentenced to imprisonment for more than one year. Clearance is denied.


Personal Conduct; Foreign Preference; Foreign Influence

04/08/2002

Federally retired Applicant, formerly employed by a military department in the area of foreign military sales, wrongly determined during his federal employment that he was authorized to act as an advocate for the contract interests of foreign countries, sometimes in opposition to US contractual positions, thus rendering himself vulnerable to exploitation by other governments. Clearance is denied.


Sexual Behavior; Personal Conduct

04/05/2002

DOHA proceedings are civil in nature. Technical legal defenses that may be appropriate to raise in a criminal prosecution are out of place in industrial security clearance adjudications. Ineffective assistance of counsel is not an appropriate defense to raise in these proceedings. Board cannot grant Applicant a probationary clearance. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

04/03/2002

Applicant fell behind in her financial obligations during the mid to late 1990s when she and her common law spouse were separated. Twelve delinquent accounts, with an aggregate balance of $9,061, remain unpaid. Applicant listed only one debt on security clearance applications completed in November 1998 and February 2000. Security concerns persist because of her disregard of her debts and falsification of her SF 86 forms. Clearance is denied.


Foreign Preference; Foreign Influence

03/29/2002

After security concerns arose over Applicant's foreign preference because of her dual citizenship and use of her foreign passport in 1997 after she became a naturalized United States (US) citizen, she voluntarily chose to comply with the Department of Defense (DoD) policy requirements when she learned of them. Despite procedural difficulties, she relinquished her foreign passport in March 2002. Although she has relatives who are citizens of a foreign country, they do not have ties to the government. Her company also plans to end a business relationship with a foreign national. She has had a security clearance since 1981 without incident. Overall, she has mitigated the allegations of foreign preference and influence. Clearance is granted.


Criminal Conduct

03/29/2002

Applicant's three criminal incidents since August 1992 were not mitigated where Applicant failed to meet his burden of establishing evidence in extenuation, mitigation, or rehabilitation. Clearance denied.


Alcohol

03/29/2002

Applicant with two DuIs (one in 1997 and the other in 1999) and no other identified problems of problem drinking mitigates the Government's concerns over his prior alcohol-related incidents. Clearance is granted.


Foreign Preference; Foreign Influence

03/29/2002

Given Applicant's statements that he would be willing to bear arms for a specific foreign country, it was arbitrary and capricious for Judge to not apply Foreign Preference Disqualifying Condition 3. An applicant's willingness to bear arms for a foreign country raises serious security concerns. An expression of a willingness to bear arms for a foreign country, coupled with an expressed desire to remain neutral if the United States were ever to find itself in conflict with that foreign country, raises serious questions about Applicant's preferences vis-a-vis the United States and that foreign country. Judge erred by analyzing Foreign Influence Mitigating Condition 1 only in terms of whether a foreign country might seek to apply coercive means of pressure or influence to Applicant's family members in a foreign country. Judge erred by relying on Section 2-403 of DoD Regulation 5200.2-R. Favorable decision reversed.


Criminal Conduct; Personal Conduct

03/28/2002

Applicant was convicted of disorderly conduct twice during his junior year of college in 1999. He failed to disclose these offenses on a June 2000 security clearance application on the advice of the district attorney, who advised him these offenses did not rise to the level of misdemeanors. Applicant volunteered his arrests during an October 2000. His omissions were not intentional and he corrected the record. Clearance is granted.


Drugs; Alcohol; Criminal Conduct; Personal Conduct

03/28/2002

The Applicant used marijuana on an occasional basis until early 2000. He had drug offenses in the 1970s. The Applicant admits he is an alcoholic, has reduced his drinking but still drinks. Falsified an application concerning drug and alcohol related offenses. Adverse inference is not overcome. Clearance is denied.


Personal Conduct; Criminal Conduct

03/26/2002

Applicant who omitted two prior charges in his SF-86, neither of which resulted in convictions or bear proof of any probative criminal conduct on Applicant's part, mitigates and refutes the falsification allegations in the SOR. Because his only probative criminal conduct (a 1996 DuI and driving on a suspended license) are mitigated by time, isolation and overall maturity and responsibility, Applicant's criminal conduct is mitigated. Clearance is granted.


Financial; Personal Conduct

03/26/2002

Applicant is in default on her student loan obligations amounting to about $14,500. She has also made no effort to repay $1,000 advanced to her by her tax preparer in 1995, a $228 dental debt in collection since 1996 or a couple of minor debts. She denied any financial delinquencies on her March 1999 security clearance application because she feared disclosure would hinder her opportunity to obtain the clearance. Clearance is denied.


Foreign Preference; Foreign Influence

03/25/2002

While security concerns arose over Applicant's foreign preference because of his dual citizenship and use of a foreign passport in 1997 after he became a naturalized United States (US) citizen, he voluntarily chose to comply with the Department of Defense (DoD) policy requirements when he learned of them. Despite procedural difficulties he relinquished his foreign passport in March 2002. Although he has relatives who are citizens of a foreign country, they do not have ties to the government and are not agents of a foreign power. He also plans to end a business relationship with a foreign national. He has had a security clearance since 1981 without incident. Overall, he has mitigated the allegations of foreign preference and influence. Clearance is granted.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

03/25/2002

Applicant was arrested for possession of marijuana in November1997 after having had a security clearance for more than 16 years. She denied any involvement with marijuana in a security questionnaire she completed November 1998. In a March 1999 DSS interview and in two, signed, sworn statements (one written in Appellant's hand) she admitted regular marijuana use from 1979 to 1981 and admitted taking a "couple puffs" in the two years preceding the interview. In a June 1999 interview and in a signed, sworn statement, she admitted using marijuana monthly from 1979 up to and including the night before the interview. Applicant had previously denied using marijuana in security questionnaires she completed in 1988, 1992, and 1995. At her administrative hearing, Applicant admitted using marijuana only 2 or 3 times in her life, all of the use occurring since 1997. Applicant's credibility about past drug use and future intentions has been undermined by her inconsistent and contradictory statements on security questionnaires and in signed sworn statements. Clearance is denied.


Personal Conduct

03/25/2002

Given Applicant's misconduct in 1990, the misuse of company time and Internet abuse in 1998, totaling more than 160 hours in a two month period, the lack of security incidents and the fact Applicant does not have the same kind of job he had in 1998, are insufficient reasons to dispel the negative inferences raised by Applicant's misconduct under the guideline. Clearance is denied.


Foreign Preference; Foreign Influence

03/25/2002

Applicant's dual citizenship, including possession of a foreign passport (now expired), obtained after having become a United States citizen; and his foreign contacts, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

03/22/2002


Financial; Personal Conduct

03/21/2002

Applicant's indebtedness, and her deliberate failure to reveal her delinquent debts and her repossession on her security clearance application have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence; Foreign Preference; Financial

03/21/2002

Board cannot consider new evidence on appeal. Given the record evidence in this case, the Administrative Judge acted within bounds of his discretion to not apply any of the Financial Considerations Mitigating Conditions. A promise to take action in the future, however sincere, is not a substitute for evidence that Applicant is taking timely, concrete steps to address his delinquent debts. Adverse decision affirmed.


Personal Conduct: Criminal Conduct

03/20/2002

Applicant used marijuana two to three times per month from 1982 to Spring 1998. He misrepresented the extent of his marijuana use on a security clearance application completed in October 1998. In December 1998, he signed an electronic version of the application prepared from the earlier SF 86, knowing it to contain inaccurate information about his drug use. Clearance is denied.


Financial; Personal Conduct

03/20/2002

When Applicant completed her SF 86 (Questionnaire for National Security Positions) in March 1998, she failed to disclose more than $10,000.00 in delinquent financial obligations because she was embarrassed and afraid she would not receive her security clearance. She provided assurances during three DSS interviews that she intended to pay off her delinquent debts. Her one-time payment of approximately $3,000.00 on delinquent accounts in August 2001, after she received the SOR, and after she received a gift of $1,250.00 from her stepfather is not found to constitute a good-faith effort to resolve her delinquent debts. She continues to be delinquent on financial obligations totaling more than $8,000.00, of which more than $6,700.00 have been converted to judgments. Clearance is denied.


Alcohol; Criminal Conduct; Financial

03/20/2002

Neither the Administrative Judge nor the Board has authority or supervisory jurisdiction over security clearance investigations. Neither the Judge nor the Board has authority or jurisdiction to order further investigation of an applicant's case. By failing to submit a response to the File of Relevant Material, Applicant waived his opportunity to present evidence for the Judge to consider. Board cannot consider new evidence on appeal. Adverse decision affirmed.


Criminal Conduct; Alcohol; Drugs; Financial; Personal Conduct

03/19/2002

This 37-year-old man was (1) arrested and convicted on four occasions between 1989 and 1997; (2) used alcohol to excess between 1986 and 1999; (3) used marijuana between 1987 and 2000; has significant unpaid debts delinquent since 1999; and (5) falsified answers on his security clearance application and made false statements in his sworn statements to DSS. No mitigation was shown. Clearance is denied.


Financial

03/18/2002

Applicant's history of excessive indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. A trustworthiness determination is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

03/15/2002

Applicant with history of alcohol-related incidents and drug use (mainly in high school and freshman year of college) mitigates his substance abuse issues by avoidance of recent abuse, but not his drug-related omissions and misstatements in his SF-86 and DSS statements that followed. Clearance is denied.


Foreign Influence; Foreign Preference

03/14/2002

The foreign preference concerns are removed because Applicant's military service and possession and use of his foreign passport occurred before he obtained his US citizenship in March 1994. Appellant's nominally passive statements concerning dual citizenship do not translate to a preference for FC 1 because the maintenance, as opposed to the exercise of dual citizenship, is not disqualifying. The foreign influence concerns are eliminated because the immediate family members are not agents of a foreign power or in a position to be exploited in a way that could force Applicant to choose between loyalty to the person(s) involved and the US. Clearance is granted.


Personal Conduct

03/13/2002

The Applicant did not intentionally falsify his Security Clearance Application. Adverse inference is overcome. Clearance is granted.


Criminal Conduct

03/11/2002

Charged with conspiracy to import and distribute cocaine with her husband, Applicant's 1981 criminal conduct raised security concerns as she was convicted of Aiding and Abetting. She received a suspended eighteen months sentence and five years probation, but in 1986 she violated her probation by testing positive for marijuana. Found guilty of Violation of Probation in 1987, she was ordered to serve the original eighteen month sentence and three years Special Parole Term. Applicant served nine months confinement and 5 months in a halfway house. Clear evidence of successful rehabilitation and the absence of any subsequent criminal conduct over the past 15 years could mitigate security concerns, but the Smith Amendment (10 U.S.C. Section 986) disqualifies anyone convicted and sentenced to imprisonment for more than one year. Clearance is denied. Waiver is recommended.


Criminal Conduct; Personal Conduct

03/06/2002

Applicant's 1993 conviction for shoplifting, her 1999 conviction for unauthorized possession of food stamps, and falsification of her 1993 arrest on a 1997 security clearance application demonstrated Applicant lacked the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.


Criminal Conduct

02/28/2002

Applicant's criminal conduct occurred over 6 years ago; however, since it resulted in a prison sentence in excess of one year, his clearance request must be denied under 10 U.S.C. 986. Clearance is denied.


Foreign Preference; Foreign Influence

02/28/2002

This 46-year-old man obtained FC citizenship by birth, obtained a FC passport, and retained both until he became a U.S. citizen in 1999. He has not used his FC passport since becoming an American and has mutilated it and sent it to a FC consulate. He is committed to the U.S. and is willing to renounce his FC citizenship. He has an elderly father and two adult brothers who are FC citizens and reside in FC. There is minimal risk they would try to persuade Applicant into acting against U.S. interests and even less that he would submit to such pressure. Mitigation has been established. Clearance is granted.


Foreign Preference

02/27/2002

Decisions issued by DOHA Administrative Judges may be cited as persuasive authority, but they are not legally binding on Judges in other cases or on the Board in any case. Memorandum by Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASDC3I) on foreign passports supersedes any prior DOHA decision concerning possession and use of a foreign passport. Wisdom or desirability of ASDC3I memorandum is not subject to being litigated in DOHA proceedings. Adverse decision affirmed.


Financial

02/26/2002

Applicant with financial problems attributable to extended unemployment pursued two Chapter 13 wage earner plans unsuccessfully before establishing sustained payment history and promise of fulfillment, sufficient to mitigate Government's financial concerns. Clearance is granted.


Financial

02/25/2002

This 44-year-old contractor employee has eight delinquent debts totaling about $17,000 and has done little to resolve them. No financial rehabilitation has been demonstrated. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

02/22/2002

Appellant's commendable evidence concerning his financial and emotional support of his former girlfriend's child, his coworker's positive statements about Applicant's job performance, and Applicant's good performance reports, establish some evidence of rehabilitation. However, Applicant's testimony at the hearing, denying what he admitted in April 1999 about his crack cocaine abuse, continues to raise residual doubts about his judgment, and I resolve those doubts against Applicant. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

02/21/2002


Criminal Conduct

02/21/2002

Applicant with major felony conviction for cocaine distribution in 1987 and who was sentenced to more than 365 days of incarceration is covered by Smith amendment (10 U.S.C. Sec. 986) and is barred from holding a security clearance, absent a waiver in a meritorious case (not recommended). Clearance is denied.


Foreign Influence

02/21/2002

Applicant has mitigated security concerns of foreign influence over his wife, stepson, and other relatives who are citizens of a foreign country. Applicant had the courage to leave his country when it was under communist rule. He got political asylum in the US where he has worked for the same company for twenty years. He has been a US citizen since August 1987 and has strong personal and financial ties to the US which on balance reduce the security significance of his overseas investment in a family property and his modest overseas bank account. As his relatives do not have ties to the foreign government, now a parliamentary democracy, and are not agents of a foreign power, it is unlikely that his family members could be coerced to pressure him to chose between loyalty to them and to the US. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

02/21/2002

Given the record evidence, the Administrative Judge had ample room to reach his findings and conclusions. The Judge's findings and conclusions about Applicant's history of alcohol abuse, criminal conduct, and falsification provide a rational basis for the Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Foreign Influence; Foreign Preference

02/20/2002

The Board will not disturb an Administrative Judge's weighing of the record evidence unless the appealing party shows the Judge acted in a manner that is arbitrary, capricious, or contrary to law. Applicability of Foreign Influence Mitigating Condition 1 does not turn solely on whether an applicant's relatives living abroad have official ties with a foreign government. Applicant's family ties in a foreign country raises a security concern sufficient to place on him the burden of demonstrating the facts and circumstances of those family ties do not place him in a position of vulnerability through possible foreign influence. Applicant's ability to cite to some favorable record evidence is not sufficient to demonstrate the Judge erred. Adverse decision affirmed.


Financial

02/20/2002

Applicant's excessive indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

02/19/2002

A citizen of Portugal from birth and of the United States since his naturalization in February 1989, Applicant in 1992 renewed his Portuguese passport to use for identification purposes in dealing with a Portuguese banking institution regarding a loan obtained for the purchase of a home for his mother in Portugal. Applicant has used his United States passport exclusively for travel since he gained US citizenship, and in November 2001, he surrendered his foreign passport to the Portuguese consulate. Applicant and his spouse continue to own his mother's residence in Portugal, but the value of that asset is insignificant compared to their financial interests in the United States. The mortgage loan obtained through the foreign bank has been satisfied. Assimilated in his local community in the United States, Applicant shows a clear preference for the United States. While his mother and brother remain resident citizens of Portugal, there is little risk of foreign influence. Clearance is granted.


Personal Conduct; Criminal Conduct

02/19/2002

The recency of applicant's falsification of material facts on his clearance application precludes a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance denied.


Criminal Conduct

02/19/2002

Applicant convicted of felony-covered drug involvement in marijuana in 1997 and sentenced to more than one year of incarceration is barred from clearance by 10 U.S.C. Sec. 986, without any recommendation for a waiver. Clearance is denied.


Information Technology; Personal Conduct

02/15/2002

This 47-year-old security officer used company computers for personal use over a period from 1979 to 2000. Applicant was spoken to by his supervisors, but was also given a promotion. He visited adult chat rooms. The government failed to show that Applicant's use violated specific company policy. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

02/15/2002

Deference owed to Administrative Judge's credibility determinations does not immunize them from review. No deference is owed to a credibility determination that results in acceptance of an application's explanations that are patently inconsistent and incompatible. Record evidence does not support Judge's application of Personal Conduct Mitigating Condition 3 or Personal Conduct Mitigating Condition 4. Falsification of a security questionnaire is a violation of 18 U.S.C. 1001, a federal felony. Proof that an applicant has engaged in felonious conduct militates against a finding that there is clear evidence of rehabilitation. Judge's favorable findings and conclusions about Applicant's financial situation are not supported by the record evidence. Favorable decision reversed.


Criminal Conduct

02/14/2002

While driving drunk in September 1964, Applicant struck and killed two males walking on the side of the road. Sentenced to two to four years in state prison for gross misconduct with a motor vehicle, Applicant served eighteen months. He has not driven an automobile after drinking since and rarely consumes alcohol, so there is little risk of recurrence. Pursuant to 10 U.S.C. 986 the Department of Defense is precluded from renewing his security clearance because of the prison term imposed for the 1964 offense. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

02/14/2002

Applicant with a history of failure to file federal and state tax returns and failure to discharge his accrued tax debts (both federal and state), and who misrepresented the status of state tax obligations and made unfulfilled promises to take care of them in a series of DSS interviews, fails to exhibit the degree of reliability and trust necessary to continue to hold a security clearance, despite some crediting of extenuating circumstances concerning his overall finances. Clearance is denied.


Drugs; Criminal Conduct

02/14/2002

After he applied for a security clearance in April 1999, Applicant used marijuana once in April 1999 even though he understood the importance of remaining drug-free. Again, two days later Applicant showed poor judgment in accepting a small bag of marijuana (5 grams) to take to a party which led to his arrest for possession. In December 1999 the court granted him a conditional discharge based on his remaining drug free: while on probation, he did not use drugs and passed drug tests in March and June 2000. But despite knowing the risks, Applicant used marijuana again in July 2000 after he completed probation and while he had an interim security clearance. This repeated use is too recent to demonstrate his rehabilitation from the criminal charge and drug use even though he has changed his life style and performs well at his job. Clearance is denied.


Personal Conduct; Criminal Conduct

02/13/2002

Between August 1993 and March 1997, the Applicant was arrested or charged six times. In March 2000, when the Applicant completed a Questionnaire for National Security Positions he failed to indicate he had been arrested or charged. Because of the falsifications, clearance is denied.


Personal Conduct; Criminal Conduct

02/12/2002

An applicant has the obligation to take prompt, reasonable steps to protect his or her rights in these proceedings. Applicant waived any claim that he needed a copy of the investigative file to proceed with the hearing by not raising the matter of the investigative file with the Administrative Judge at the hearing. Judge's challenged findings of fact reflect a reasonable interpretation of record evidence. Applicant's ability to argue for a more favorable interpretation of record evidence is not sufficient to demonstrate the Judge weighed the evidence improperly. It was not arbitrary or capricious for the Judge to consider Applicant's overall history of conduct and current circumstances and evaluate whether Applicant was at risk of repeating his past misconduct. Adverse decision affirmed.


Financial

02/11/2002


Foreign Preference; Foreign Influence

02/08/2002

Applicant's dual citizenship, including possession and use of a valid foreign passport, and his foreign contacts, have not been mitigated. Clearance is denied.


Financial

02/07/2002

Forty-one year old Applicant with a lengthy history of not meeting his financial obligations, exacerbated by his steadfast refusal to attend to his finances during the pendency of his lengthy divorce or until the responsibility for those debts was assigned by the court, as well as his brief periods of unemployment and underemployment, continued to ignore his outstanding debts until long after his divorce was granted. While he accepted a part-time position in about October 2001 supposedly to generate money to be able to pay his bills, he also paid an attorney a retainer to file for bankruptcy, with a tentative target date of February 1, 2002. He has supposedly made some payments to three creditors while ignoring most of the others. Nevertheless, it appears he is merely making those payments to satisfy the security clearance review process, while his real goal is to avoid his outstanding debt obligations by the vehicle of bankruptcy. His actions raise grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Foreign Preference; Foreign Influence

02/06/2002

Applicant, a dual citizen of Morocco and the United States, cut up his foreign passport in December 2001 after his hearing. He refuses to surrender the passport to foreign authorities out of concern for possible retribution against family members who are resident citizens of Morocco. While Applicant's spouse and his mother reside with him in the United States, they remain citizens of Morocco. Whereas he could apply for renewal or replacement of his foreign passport and he fears for family members in Morocco should he take action to surrender his passport or renounce his foreign citizenship, there exists an unacceptable risk of foreign preference and foreign influence. Clearance is denied.


Criminal Conduct

02/05/2002

Applicant's 1983 criminal conduct raises security concerns: while chief procurement counsel to a federal agency, he violated 18 U.S.C. Section 201(g) when he received gratuities from a federal contractor. After he pleaded guilty, the sentence of the U.S. District Court in November 1985 included two years imprisonment (suspended). Clear evidence of successful rehabilitation and the absence of any subsequent criminal conduct over the past 16 years mitigates security concerns over his actions that led to his debarment being extended in 1988. His state Supreme Court reinstated him to the practice of law in 1988, and Applicant represents government contractors. The Smith Amendment (10 U.S.C. Section 986) disqualifies anyone convicted and sentenced to imprisonment for more than one year. Clearance is denied. Applicant requested a waiver based on the length of time since his 1985 conviction and his 1988 readmission to practice law. A waiver is recommended.


Drugs

02/05/2002

Applicant with history of two years of occasional drug use in college, aggravated by a single slip over 18 months ago while applying for a security clearance, shows the necessary maturity and convincing intention to avert marijuana and any illegal substances in the future to mitigate his drug use and satisfy minimum requirements of good judgment, reliability and trustworthiness. Clearance is granted.


Foreign Influence; Foreign Preference

02/01/2002

Administrative Judge erred by concluding Applicant was entitled to application of Foreign Influence Mitigating Condition 1 because Department Counsel did not present evidence to disprove the applicability of that mitigating condition. If a party does not ask the Judge to take official or administrative notice during the proceedings below, that party has a very heavy burden on appeal of demonstrating it was arbitrary or capricious for the Judge to not take official or administrative notice sua sponte. The nonappealing party is entitled to urge Board to affirm the decision below on alternate grounds supported by the record below. At most, Applicant's arguments demonstrate that his case is a close one. However, under the "clearly consistent with the national interest" standard, a close case must be resolved in favor of the national security. Favorable decision reversed.


Criminal Conduct

01/31/2002

Applicant was arrested ten times between January 1980 and July 1990. On his most recent arrest he was sentenced to five years in the state penitentiary. 10 U.S.C. 986, which applies to any person convicted of a crime and sentenced to imprisonment for a term exceeding one year, disqualifies the Applicant from having a clearance. Clearance is denied.


Criminal Conduct; Personal Conduct

01/31/2002

Applicant has a record of drug-related convictions prior to 1985. Twice convicted of OUI in the early 1980's. Applicant was sentenced in 1981 to two years incarceration (suspended) for leaving the scene of an accident with personal injury on the occasion of his second DUI. After years of controlled consumption, Applicant in December 1997 drove an automobile so impaired by alcohol that he passed out in the patrol car. Candid on his SF 86 about his criminal record history, including his drug arrests, Applicant did not knowingly falsify his application by failing to report that he used marijuana and cocaine after his employer had granted him a Confidential security clearance. Applicant is precluded under 10 U.S.C. 986 from being granted a security clearance because of his two year prison sentence for the 1981 leaving the scene. His December 1997 DUI creates lingering doubt for his judgment and reliability. Clearance is denied.


Personal Conduct

01/31/2002


Foreign Preference; Foreign Influence

01/31/2002

Although the foreign influence security concern raised by the Israeli citizenship and residence of Applicant's father and sisters is mitigated by Applicant's more significant ties to the United States, as represented by the longevity of his U.S. residence, his U.S. citizenship, his U.S. education, his 20 year employment by an American company, his marriage to a U.S. citizen and the U.S. citizenship of his four-year-old daughter, the foreign preference security concern raised by Applicant's retention of his Israeli passport--without having obtained official approval for its use--cannot be mitigated under the guidance provided by the August 16, 2000 memorandum of the Assistant Secretary of Defense (C3I). Clearance is denied.


Financial

01/30/2002

Applicant with a long history of delinquent debts and judgments, extenuated in part by her incurring them as a young adult struggling to help her family after her father's untimely death, fails to come up with a viable repayment plan sufficient to afford her any realistic chance of discharging her debts in the foreseeable future. Clearance is denied.


Foreign Preference; Foreign Influence

01/30/2002

Applicant is a dual citizen of the US and Antigua-Barbuda. The Applicant's mother and step siblings are citizens of and living in foreign countries. The Applicant has a current Antigua-Barbuda passport. Because the Applicant possesses a foreign passport clearance is denied.


Foreign Preference

01/30/2002

Applicant has dual US-Iranian citizenship. He has a current Iranian passport. Because the Applicant holds a foreign passport, clearance is denied.


Criminal Conduct; Financial; Personal Conduct

01/30/2002

An applicant has an affirmative duty to present evidence on his or her own behalf. Administrative Judge cannot conduct inquiries about an applicant's background outside the hearing process. Rebuttable presumption the Judge considered all the record evidence unless the Judge specifically stated otherwise. Harmless factual errors do not warrant remand or reversal. Applicant's 1996 and 1997 alcohol-related criminal incidents and his history of financial difficulties provide a rational basis for Judge's adverse conclusions. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

01/29/2002

For six months in 1991, Applicant snorted cocaine weekly and helped a drug dealer by carrying around the latter's drug paraphernalia, cutting cocaine, and referring drug purchasers to him. Caught drug driving in June 1991, Applicant was found to be in possession of cocaine and drug paraphernalia. Convicted of felony possession with intent to sell, Applicant was sentenced to five years in jail (suspended). Due to this criminal sentence, he is ineligible for a security clearance unless a waiver is granted. Further consideration for a waiver is not recommended as Applicant lied in a January 2001 sworn statement about his past drug-related activities. Clearance is denied.


Foreign Influence

01/29/2002

Applicant's foreign contacts, or emotional and family ties have been mitigated. Clearance is granted.


Criminal Conduct; Financial

01/29/2002

Applicant's admitted "procrastination" in not filing his federal income tax returns for five years (1993-1997) is found to constitute a willful failure to fulfill his statutory obligation under Title 26, United States Code 7203. The security concern raised by Applicant's financial problems--culminating in an October 1998 Chapter 13 bankruptcy petition--has been mitigated by his faithful, monthly payments to the bankruptcy court for more the one-half (36 or 60 months) of the required period. Clearance is denied.


Personal Conduct

01/28/2002

After admitting he had wrongfully appropriated property from his employer of nine years, Applicant was asked to resign voluntarily, or be involuntarily terminated. Applicant resigned voluntarily in January 1996. Three and one-half years later, he completed a Security Clearance Application (SF 86) and answered "no" to question 20 which asked him if he had quit a job (in the last ten years) after being told he would be fired. The circumstances under which Applicant terminated his employment after nine years was a relevant and material fact, and Applicant's explanations for not being truthful do not provide an extenuating circumstance for his omission, nor do they diminish the materiality of the information deliberately withheld. Clearance is denied.


Financial; Personal Conduct

01/28/2002

Board cannot consider new evidence on appeal. Applicant cannot fairly challenge Administrative Judge's findings and conclusions based on information not presented for Judge's consideration during proceedings below. Judge's findings and conclusions about Applicant's financial difficulties and falsification of a security clearance application are sustainable. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

01/28/2002

Twenty-nine year old Applicant satisfactorily proves his past use of marijuana is reformed following two years' abstinence, but Applicant fails to present mitigating evidence sufficient to overcome the disqualifying effect of numerous false sworn statements about past marijuana involvement as given under oath to DoD during the clearance screening process. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

01/25/2002

The Applicant was a citizen of FC1 until he became an American citizen in 1999. Possessed a FC1 passport after he became an American citizen. Alleges that the passport has been stamped "Void" by FC1 government, however, no translation was provided to prove that fact. Applicant also has foreign connections that were not mitigated. Based on the evidence, Applicant did not falsify a Security Clearance Application or a sworn statement. Adverse inference is not overcome, clearance is denied.


Financial; Personal Conduct

01/25/2002

This 37-year-old training coordinator incurred over $22,000 in debts over the past eight years and has paid off only a few hundred dollars on three small accounts. Much of the remainder has "dropped off" her credit history, but only because of the passage of time. She has not demonstrated any financial rehabilitation. In addition, she falsified her answer to Question 28 on her SF 86, when she denied any debts over 180 days delinquent. No mitigation was established. Clearance denied.


Criminal Conduct

01/24/2002

Applicant's conduct comprises a felony conviction and resulting sentence of 366 days which is subject to the mandatory bar of provision 1 of 10 U.S.C. Sec. 986. However, his considerable restoration of trust over the ensuing 15 years since his release from incarceration warrants a recommended waiver. Clearance is denied, subject to recommended reconsideration of a waiver exception.


Financial

01/22/2002

The Applicant is presently working for a U.S. Government contractor. However, prior to working for a contractor, she was the owner and president of her corporation that had contracts with the U.S. Government. After running her corporation for approximately eight years, the corporation fell upon hard times and financial difficulties. The corporation had a dispute with the Federal government regarding payment for work performed. Applicant began to use her own personal funds to pay the corporations expenses and to keep it operating. At one time, she voluntarily filed a petition for a Chapter 13 bankruptcy. During the bankruptcy proceeding, the government settled its dispute with the Applicant's corporation. With the settlement funds she was able to pay or settle all of the corporate's debts, and she had the Court dismiss the bankruptcy proceeding. Of the debts alleged in the SOR, all but two where corporate debts. Applicant has paid or settled her outstanding creditors as alleged in the SOR. Clearance is granted.


Foreign Preference; Foreign Influence

01/17/2002

Applicant with dual citizenship with France and US, who possessed French passport but surrendered passport and took initial steps to renounce his French citizenship, demonstrates both his preferences for the US and the absence of any risk of exploitation or pressure of mother and brothers residing in France. Clearance is granted.


Criminal Conduct

01/15/2002

The Applicant has three felony convictions, two misdemeanor convictions, and was cited and fined an additional five times. One misdemeanor conviction occurred while he was still on probation, and the other occurred less than four years ago. Clearance is denied.


Financial

01/15/2002

This 45-year-old Applicant incurred significant family-related debts during the deterioration of his marriage and divorce. He has made little movement toward resolving some $16,000 in debts, despite having adequate income at present. While he has worked overseas for a defense contractor for several years, this does not excuse the delay in rehabilitating his credit standing. No mitigation was established. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

01/14/2002

Applicant, who has used marijuana three or four times per month since 1976 and snorted cocaine in 1997/98, denied any illegal drug use on an SF 86 completed in January 1999. In a March 2000 sworn statement, he admitted current marijuana use and an intent to continue use. As an unlawful user of illegal drugs he is ineligible for a security clearance under Title 10, Section 986 of the United States Code. At the hearing, he claimed, unpersuasively, that he had not used any illegal drug since 1975. Clearance is denied.


Alcohol

01/14/2002

Applicant's history of alcohol abuse from the mid-1960's until as recently as 2000, (including one failed treatment program, and one DUI in 1998), has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

01/14/2002

Thirty-eight year old Applicant's marijuana use is reformed following drug treatment and five years of abstinence, but he is ineligible for security clearance because of personal misconduct involving willful misrepresentations on financial portion of security questionnaire and criminal conduct involving three arrests for admitted criminal acts during the period 1988 through 1996. Clearance is denied.


Personal Conduct; Financial

01/14/2002

Applicant has failed to satisfy her burden of persuasion under the financial considerations guideline. Given Applicant's current belief she did not falsify the security form, she also has not met her burden of persuasion under the personal conduct guideline. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

01/10/2002

Applicant with a history of failure to file his federal and state tax returns, in addition to having heavy debt delinquencies, mostly tax debts, and unmitigated omissions of the same in his executed SF-86, fails to demonstrate requisite judgment, reliability and trustworthiness for continuing to hold his security clearance. Clearance is denied.


Personal Conduct

01/10/2002

Applicant's intentional material falsifications on his security clearance application of April 7, 1999, have not been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

01/10/2002

Even if there are errors in the hearing transcript, an appealing party must demonstrate such errors (a) resulted in factual or legal error by the Administrative Judge, or (b) such errors were harmful to the appealing party. The Judge properly applied the August 16, 2000 memorandum by the ASDC3I concerning foreign passports to Applicant's case. Judge's analysis of the facts and circumstances of Applicant's case is not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Alcohol; Personal Conduct

01/09/2002

Applicant has a history of alcohol abuse with alcohol-related drunk driving and domestic incidents. He continues to consume alcohol in quantity of up to six beers or malts liquor on the weekends, after completing court-ordered treatment for alcohol dependence. In addition to the risk of future excessive drinking, doubts persist for his personal conduct due to his failure to be candid about his arrest history on his SF 86. Clearance is denied.


Alcohol; Personal Conduct

01/07/2002

Applicant has a history of polysubstance abuse (alcohol, cocaine, heroin, LSD, marijuana and benzodiazepines). While he stopped illegal drug use in 1996, Applicant in 1998 resumed drinking in quantity of six to ten beers per sitting on weekends after completion of a court-ordered DUIL program for second offenders. His absention since April 2001 with participation in AA is not enough to overcome his history of alcohol abuse. Applicant did not list any illegal drug involvement, any alcohol-related offenses or treatment on his SF 86, and he concealed his past drug involvement in a DSS interview in November 2000, engendering doubts for his personal conduct. Clearance is denied.


Personal Conduct; Criminal Conduct

01/07/2002

Applicant's deliberate attempts to conceal material information from the Government in 1992-1993, and again in 1995, on his Federal Aviation Administration medical certificate application, and his intentional falsification when he altering his 1995 medical certificate, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct; Alcohol

01/04/2002

In view of applicant's two and one-half years of abstinence, and his strong commitment to sobriety, I conclude that his abuse of alcohol is most likely a thing of the past. Clearance granted.


Personal Conduct; Sexual Behavior

01/04/2002

Applicant's conduct raises security concerns over his personal conduct and sexual behavior in failing to reveal on his 1999 security application a 1996 arrest for "Solicit Prostitution" after he approached an undercover police officer for intercourse. His various claims for not revealing the arrest lack credibility: first, he thought it was expunged because the arrest was placed on the Stet docket if he was to be of good behavior for three years and later he claimed to have forgotten the arrest. Also, he had engaged in sexual behavior with prostitutes from 1977 to 1980 when he was in the military service. He failed to offer sufficient evidence to mitigate this repeated problematic and misguided conduct, so doubt remains as to whether he is fully rehabilitated given his history of questionable conduct. Clearance is denied.


Sexual Behavior; Criminal Conduct; Personal Conduct

01/02/2002

Applicant has been arrested and convicted twice in connection with solicitation of prostitution. He further admitted two other solicitations for which he was not arrested. Evidence the Applicant's wife is not knowledgeable of his misconduct. Insufficient mitigation shown. Adverse inference is not overcome. Clearance is denied.


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