Small DOHA Seal

2003 Industrial Security Clearance Decisions

 

These 961 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

Drugs; Personal Conduct

12/31/2003

Applicant's illegal use of marijuana from 1990 until 1994, and again in July 2002, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs

12/31/2003

On Remand. It is found that the Department of Defense did not have jurisdiction over the Applicant when the original Decision was issued on April 23, 2003. That is because a valid Form 562 (Clearance Change Notification) terminating the Applicant's pending application for a security clearance was properly submitted to the Department of Defense on December 10, 2002. Decision of April 23, 2002, is found null and void. Prior Decision Vacated.


Foreign Influence

12/31/2003

Applicant is a 56 year old employee of a defense contractor. He was born in Sudan in 1947, and he first came to the United States in 1975. He became a naturalized United States citizen in 1986. Applicant's immediate family members, including his father, parents-in law, and his seven siblings are citizens of and reside in Sudan. The evidence establishes that Applicant is vulnerable to foreign influence. 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.


Foreign Preference; Foreign Influence

12/31/2003

Applicant's use of her Russian passport in August 2001 and August 2003, after she received her United States (U.S.) citizenship in August 2000 represent affirmative acts of preference for a foreign country over the U.S. The fear Applicant's father has that the Russian government taps phones or reads letters places Applicant's parents in a position to be exploited by a foreign government in a way that could force Applicant to choose between loyalty to his parents and the U.S. Clearance is denied.


Financial; Personal Conduct

12/31/2003

Although Applicant's financial difficulties were partly beyond his control, his own poor judgment and deliberate choices were the main source of his problem. He was slow to take effective action to resolve his indebtedness once he had the means to do so. His falsification of his clearance application suggest he cannot be relied upon to tell the truth if the truth conflicts with his personal interest. Clearance denied.


Financial; Personal Conduct

12/31/2003

Board cannot consider new evidence on appeal. Nothing in Executive Order 10865, the Directive, or general principles of federal administrative law give the parties a right to supplement the record evidence continuously. Applicant has failed to overcome the rebuttable presumption that the Administrative Judge considered all the record evidence. The Board need not review those findings and conclusions by the Judge that have not been challenged on appeal. Adverse decision affirmed.


Drugs; Personal Conduct

12/31/2003

Applicant's recreational abuse of marijuana from October 1992 to May 1997, with additional use in January 2001, after applying for a clearance, is not mitigated where Applicant's demonstrated intent to refrain from drug abuse varied directly with his perception of personal risk of adverse consequences. However, record does not support allegation of falsification of his previously disclosed drug abuse history on a November 2002 interrogatory. Clearance denied.


Drugs; Personal Conduct

12/31/2003

Applicant's recreational abuse of marijuana from 1997 to April 2001 was not mitigated where Applicant used marijuana after applying for a clearance in April 2001. Applicant's falsification of his April 2001 clearance application suggests he cannot be relied upon to tell the truth if it conflicts with his personal interest. Clearance denied.


Foreign Influence

12/30/2003

The security concerns raised by a 32-year-old Bangladesh-born naturalized U.S. citizen Applicant (also a citizen of France) with a French-born mother (a citizen and resident of France), a deceased Bangladesh-born father, a brother residing in South America (a dual citizen of France and the United Kingdom), and a sister-in-law serving in the foreign service of Finland (a citizen of Finland) residing in South America, with whom he retains close relationships, none of whom are agents of that foreign government (except the sister-in-law) or in a position to be exploited by the governments of France, United Kingdom, or Finland, have been mitigated by the evidence developed herein. Clearance is granted.


Foreign Influence

12/30/2003

Applicant's wife and stepson are citizens of Thailand living with applicant in the United States. Neither these immediate family members nor applicant's in-laws living in Thailand raise a significant security concern under Guideline B. Clearance is granted.


Financial

12/30/2003

Applicant had substantial financial problems paying his debts when he was an employee of the federal government. He left government service and became a computer technician for a defense contractor. It is a temporary position and Applicant has been laid off for nine of the approximately 22 months he has been employed there. Applicant failed to sufficiently mitigate the financial security concerns alleged in the statement of reasons. Clearance is denied.


Financial; Criminal Conduct

12/30/2003

Applicant with multiple debt delinquencies accrued during periods of unemployment and family turmoil provides no definitive plan for addressing his debts (save for promises to do so when he has the resources) and fails to mitigate security concerns associated with his debt load (in excess of $14,000.00). Applicant is able to mitigate security concerns re: his failure to file past federal tax returns by documenting his filing his past due returns. Clearance if denied.


Financial; Personal Conduct

12/30/2003

While Applicant finally resolved some of his long-standing financial problems, security concerns remain because of his delay in resolving debts to several creditors and his failure to document that other debts are fully resolved. Further, personal conduct concerns persist over his failure to reveal the full extent of his financial problems on his security questionnaire. Clearance is denied.


Foreign Influence

12/30/2003

Applicant has five siblings in the Democratic Republic of the Congo, and two sisters in Europe. Applicant immigrated to the United States in 1992 and became a citizen in 1996. The Guideline B Foreign Influence concerns are not mitigated due to Applicant's vulnerability to exploitation. Clearance is denied.


Foreign Influence

12/30/2003

Applicant's family and in-laws are all naturalized U.S. citizens, but his parents and in-laws spend considerable portions of each year at their homes in the Philippines. Applicant recognizes his vulnerability to coercion or pressure because of the presence of his parents and in-laws in the Philippines, which is subject to terrorist attacks and bombings. Clearance is denied.


Foreign Preference; Foreign Influence

12/30/2003

Born in the Peoples Republic of China ("China"), Applicant never used her foreign passport after she became a naturalized United States (U.S.) citizen in December 1999. She voluntarily complied with the Department of Defense policy requirements by returning her Chinese passport in August 2003 to be cancelled to mitigate foreign preference concerns. None of her relatives have any ties to the government of China and would not place her in a position of vulnerability. Applicant would report any attempts to pressure her as her preference is for the U.S., not China. Thus, Applicant has also mitigated concerns over foreign influence. Clearance is granted.


Criminal Conduct; Alcohol; Personal Conduct

12/30/2003

Applicant has failed to mitigate his criminal offenses, including a 1999 Driving Under the Influence conviction, two Operating Under the Influence (OUI) convictions in 1997 and 1983, a 1996 Assault and Battery charge against his then wife, and a 1983 felony larceny charge. He has also failed to mitigate his alcohol consumption because he admits he still drinks to the point of intoxication an average of once a month and his consumption of alcohol has increased since his divorce in 1998. Finally, he has not mitigated his admitted deliberate omission of the two OUI convictions from his security clearance application, as well as his omission of the 1983 felony theft charge. Clearance is denied.


Foreign Preference; Foreign Influence

12/30/2003

The Applicant is a dual citizen of Canada and the United States. She has made a decision not to renounce her Canadian citizenship in order to be able to obtain medical treatment from the Canadian government, if necessary. She also continued to retain her Canadian passport, despite the knowledge that the Government required her to surrender it. Finally, the Applicant did not show that her Canadian relatives are not either agents of a foreign power or in a position to be influenced by a foreign power. Adverse inference is not overcome. Clearance is denied.


Financial; Alcohol; Drugs; Criminal Conduct; Personal Conduct

12/30/2003

Security concerns persist over Applicant's continuing and long-standing debts which total over $25,000; his alcohol and drug abuse, including several alcohol-related convictions and work-related issues; and his criminal and personal conduct. He provided no evidence that he has reformed his conduct. Clearance is denied.


Personal Conduct; Financial

12/29/2003

Applicant ignored two outstanding debts for many years. His relatively recent attempts to repay these debts were not a good-faith effort to repay overdue creditors. In addition, he lied about his financial condition on a Security Clearance Application (SCA). Clearance is denied.


Criminal Conduct

12/29/2003

Applicant is 33 years old. In 1991, at age 20, he was arrested and pled guilty to breaking into two businesses. He was sentenced to three years and six months imprisonment, with six months of the sentence to be served in work detention and the remaining three-year sentence suspended, subject to three years supervised probation upon release from work detention. By operation of law, the provisions of 10 U.S.C. 986 preclude a grant of clearance, absent meritorious waiver by the Secretary of Defense. Clearance is denied. Waiver is not recommended.


Personal Conduct; Criminal Conduct

12/29/2003

Applicant's contradictory explanations for falsifying material information about his educational background on an electronic security clearance application (ESCA) precludes a finding that he currently possesses the good judgment, reliability and trustworthiness required of individuals with access to classified information. Clearance is denied.


Personal Conduct

12/29/2003

Applicant's statements concerning his intent or state of mind when he completed a security clearance application are relevant and material evidence, but the Administrative Judge was not bound to accept those statements at face value. Rather, the Judge had to consider Applicant's statements in light of his assessment of Applicant's credibility and the record evidence as a whole. Applicant's various appeal arguments do not demonstrate the Judge failed to comply with pertinent provisions of the Directive. The absence of vulnerability to coercion or blackmail is not dispositive because security concerns can be raised by conduct or circumstances unrelated to such vulnerability. A review of the record below shows Applicant had adequate notice that he was responsible for preparing for the hearing and for presenting evidence on his own behalf. Having decided to represent himself, Applicant cannot now fairly complain about the quality of his self-representation. Adverse decision affirmed.


Alcohol

12/29/2003

Since the beginning of 1990, Applicant has been arrested six times for driving under the influence of alcohol. After convictions in 1995 and 1999, the court ordered Applicant to attend alcohol awareness and safety classes. Although Applicant claimed he intends to stop drinking and has not had a drink in six weeks, he failed to establish a sufficient commitment to sobriety to mitigate the alcohol consumption security concerns. Clearance is denied.


Foreign Preference; Foreign Influence

12/29/2003

Applicant, a dual citizen of the United States and Iran, has failed to fulfill the requirements of the Memorandum from the Assistant Secretary of Defense for Command, Control, Communications and Intelligence, dated August 16, 2000, (Money Memorandum) by not relinquishing his Iranian passport to the proper Iranian authorities, but allowing it to lapse and indicating the desire to reserve the right to renew it. Applicant's immediate family members, including his mother, with whom he has close and continuing contact, and sister are citizens of and reside in Iran. The evidence establishes that Applicant is vulnerable to foreign influence. Mitigation has not been shown. Clearance is denied.


Alcohol

12/29/2003

Applicant's alcohol abuse resulted in an alcohol-related incident in 1996. The alcohol abuse counseling that he received was not successful, because of three relapses and poor attendance while attending the program. Despite the fact that he was diagnosed as alcohol dependent and advised to abstain from consuming alcohol, he continues to consume alcohol on a regular basis. Evidence of Applicant's alcohol rehabilitation is not sufficient to mitigate his alcohol related history. Clearance is denied.


Drugs; Personal Conduct

12/29/2003

The Applicant's past Drug Involvement, more than ten years ago, is distant enough in time as not to be of present security significance. The same, however, can not be said of his Personal Conduct. He answered "NO" to question 24 on his August 2000 Questionnaire for National Security Positions (QNSP). The question asks, in part, "[h]ave you ever been charged with . . . any offense(s) related to alcohol . . . ." In July of 1995, he was charged with Driving While Intoxicated (DWI). This wilful falsification is clearly of security significance; and as such Guideline E is found against the Applicant. Clearance is denied.


Financial

12/29/2003

In view of the manner in which applicant accrued such a large amount of unsecured debt, and his long-standing failure to make any meaningful progress toward repaying it, it is not clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Criminal Conduct

12/29/2003

Applicant spent her childhood in foster care and was a troubled adolescent and young adult. In 1989, at age 25, Applicant was arrested and convicted of felonious drug conduct, for which she was sentenced to a term of two years in prison. The sentence was suspended, and Applicant entered and completed a drug rehabilitation program. She has not used drugs since completing rehabilitation in 1990. She has earned a college degree, is raising her three children, and has established herself as a respected and competent contract worker. By operation of law, the provisions of 10 U.S.C. 986 preclude a grant of clearance to the Applicant, absent meritorious waiver by the Secretary of Defense. Applicant requests a waiver and provides persuasive evidence of mitigation. Clearance is denied. Waiver is recommended.


Criminal Conduct; Alcohol; Financial

12/29/2003

In 1997, the Applicant was sentenced to a 24~60 month term of incarceration following his conviction for "Driving . . . While Under the Influence of Intoxicating Liquor (F[elony])" (DUI). His passenger, his fiancee, was killed as a result of his felony DUI. The provisions of 10 U.S.C. 986 apply. The Applicant now attends Alcoholics Anonymous (AA) on a regular basis, has not consumed alcohol for about a year, and intends no future consumption. The Applicant's Alcohol Consumption concerns have been mitigated. However, the Applicant admittedly still owes is excess of $32,000 in past due indebtedness, and has done little to address these debts. His Financial Considerations are therefore not mitigated. Clearance is denied.


Drugs; Personal Conduct

12/26/2003

Applicant who used marijuana during a two-month period in 2001 while holding a security clearance and living with a boyfriend who sold illegal drugs fails to document her claimed turning away from illegal drugs sufficiently to mitigate security concerns associated with her judgment lapses. Clearance is denied.


Criminal Conduct

12/23/2003

This 44-year-old senior engineer has worked for the same defense contractor since 1987. Applicant was in the practice of having the maximum amount in tax withholding from his paycheck. This made him eligible for a refund of overpayment each year. In 1993, he began not filing his federal and state income tax returns on the mistaken belief that he did not have to file unless he wanted a refund. He did not realize he was incorrect until he met with a Defense Security Service agent in 2000, after which he timely filed his subsequent returns and filed all of his missing back returns. He had in fact overpaid his taxes each year since 1993. Applicant's conduct in not filing was knowing but not willful, so there has been no criminal violation as alleged. Clearance is granted.


Foreign Influence; Foreign Preference

12/23/2003

Applicant and his wife are naturalized United States citizens. Their three children were born and raised in the United States. Applicant's only loyalty is to the United States. His father and four siblings still residing in Taiwan have no connection with the Taiwanese government, and they are not in a position to be exploited by Taiwan in a way that could force applicant to choose between his loyalty to these family members and his loyalty to the United States. Clearance is granted.


Drugs; Personal Conduct

12/22/2003

Applicant used marijuana, LSD, and PCP and purchased or contributed to the purchase of those drugs. He falsified his security clearance application in 2002 by identifying his past drug use as limited to marijuana. He falsified his drug use on his application because he did not want his employer to know that he used PCP and LSD. Applicant has not used any drugs for 5 years and does not intend to use drugs in the future. Clearance is denied.


Criminal Conduct

12/22/2003

Thirty-three-year old Applicant's 1991 arrest for carrying concealed weapon, break or enter a motor vehicle, and injury to personal property, when he was 19-years old, and his subsequent conviction of injury to personal property (a misdemeanor), following a plea agreement, led to a sentence of probation for 24-months, a fine, and community service. The absence of any subsequent criminal conduct has mitigated the government's security concerns. The application of 10 U.S.C. 986 does not apply. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

12/22/2003

In his high school, college, and post-college years, Applicant used marijuana approximately 75 to 100 times. He also used mushrooms (psilocybin) twice while in college. He used marijuana while holding an interim security clearance. Applicant did not list his drug use on his security clearance application because he was embarrassed and did not want his employer to learn of his drug use. Clearance is denied.


Financial

12/22/2003

Although Applicant has made some progress in paying off her delinquent indebtedness, she has not satisfied or made arrangements to resolve all of it. Moreover, Applicant has acquired new credit card accounts but she has not demonstrated what she has done or is doing to ensure that her financial difficulties will not recur. Therefore, I find against Applicant. Clearance is denied.


Financial; Personal Conduct

12/19/2003

Applicant has six unpaid and delinquent utility, mail order, tax, and credit card debts totaling over $18,000. Applicant made few if any attempts to pay these delinquent debts over the years they were due, blaming the creditors for not contacting him. Applicant failed to fully disclose the delinquency of these debts on his security clearance application. He failed to mitigate the financial considerations and personal conduct concerns. Clearance is denied.


Alcohol

12/19/2003

Applicant's last alcohol-related incident occurred over five years ago. He no longer consumes alcohol to excess. Clearance is granted.


Foreign Influence; Foreign Preference

12/19/2003

Board cannot consider new evidence on appeal. Hearing Office Administrative Judges and the Board are bound to apply the August 16, 2000 ASDC3I memorandum concerning foreign passports. Possession of foreign passport still raises security concerns under Guideline B even if the applicant possesses such a passport for reasons of personal convenience. Adverse decision affirmed.


Foreign Influence; Foreign Preference; Financial

12/19/2003

Applicant identified some errors in the Administrative Judge's decision, but those errors are harmless under the particular facts of this case. Judge did not err in concluding Applicant had not demonstrated he was entitled to application of Foreign Influence Mitigating Condition 1. Judge's adverse conclusions about Applicant's debts are sustainable. Applicant did not challenge various bases for the Judge's security clearance decision, and there is no presumption of error below. Adverse decision affirmed.


Foreign Influence

12/18/2003

A native of Laos, Applicant came to the U.S. from a refugee camp in Thailand in 1980 and became a U.S. citizen in 1985. Applicant has immediate family members (parents and four siblings) who are resident citizens of Laos, including a brother who works as a census taker for his local municipality. Two other brothers live in the U.S., one of whom is a U.S. citizen. Having established very strong ties in the U.S., Applicant is not likely to succumb to any undue foreign influence brought to bear on those family members who are citizens and/or residents of Laos. Clearance is granted.


Criminal Conduct; Personal Conduct; Misuse of Information Technology Systems

12/18/2003

Falsification has negative security significance that is independent from the security significance of the conduct or circumstances the applicant has tried to conceal. Administrative Judge failed to articulate a rational basis for his one-sentence conclusion that Applicant's falsification "is not so security significant as to be disqualifying." Favorable decision reversed.


Foreign Influence; Personal Conduct; Outside Activities

12/18/2003

Board relies on the record evidence itself, not a party's characterization of that evidence, when considering appeal issues. Administrative Judge erred by evaluating Applicant's conduct and circumstances in a piecemeal manner and failing to evaluate under Guideline B security significant conduct by Applicant that was alleged under that Guideline. Judge's failure to address an important aspect of this case reflects arbitrary and capricious action that fatally undercuts her favorable conclusions under Guideline B. Favorable decision reversed.


Drugs; Alcohol; Personal Conduct

12/18/2003

Applicant correctly identified one sentence in Administrative Judge's decision that had no basis in record evidence and that was inconsistent with the Judge's specific findings of fact. Error identified by Applicant is harmless when viewed in the context of the Judge's decision as a whole. Board does not have authority to handle Applicant's request for relief under Freedom of Information Act. Adverse decision affirmed.


Foreign Influence

12/17/2003

Applicant was politically active when he was a student in Sudan, where much of his family still resides. The military junta that overthrew the government of Sudan specifically targeted Applicant and his sister because of their political activities. Other members of Applicant's family have been denied exit visas to leave the country. Applicant is in a position of vulnerability because of his family members in Sudan. Clearance is denied.


Financial

12/17/2003

Applicant owes over $20,000 in debts. His financial problems date back several years. Applicant admits the existence of the bad debts and has expressed an intention to satisfy them. However, despite his expressed intention to take action in the future, he has failed to put forward specific plans for payment or to demonstrate that he has paid the debts. Clearance is denied.


Alcohol; Personal Conduct

12/17/2003

Board does not review an Administrative Judge's decision against a standard of perfection. As the trier of fact, the Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighed the unfavorable evidence or vice versa. Given the record evidence in this case, the Judge's adverse conclusions about Applicant's history of alcohol abuse are sustainable. Adverse decision affirmed.


Criminal Conduct, Personal Conduct

12/17/2003

Applicant has mitigated security concerns over his past criminal conduct and personal conduct. Given his record of excellence at work and in the community, he has mitigated this criminal conduct as he has not had any adverse incidents for over seven years. Thus, he has demonstrated clear evidence of successful rehabilitation. The omissions on his security form were not intentional as he disclosed substantial adverse information in response to other questions. Applicant has a general reputation for truthfulness in his workplace both with company officials and his co-workers. He also has a consistently good work record. Clearance is granted.


Foreign Influence

12/17/2003

Furthermore, in view of Applicant's lack of property interests in Pakistan, his residence in the U.S. since 1980, his education in the U.S. his naturalization as a U.S. citizen and marriage to a U.S. citizen in 1984, the fact he has held a security clearance while working for the predecessor to his current employer or his current employer since 1989, coupled with Applicant's excellent work record highlighted by his security vigilance over the years, there is little risk he will be susceptible to foreign influence. Clearance is granted.


Drugs; Personal Conduct

12/17/2003

In his high school and college years, Applicant used many illegal drugs, including marijuana, cocaine, mushrooms (psilocybin), LSD, PCP, nitrous oxide, hashish, and crack. He sold marijuana and contributed to the purchase of cocaine, psilocybin, and LSD. Applicant falsified his security clearance application in 2000 by answering "no" to questions asking if he had used, purchased, or sold illegal drugs within seven years of executing his security clearance application. Applicant falsified his answers because he didn't want his employer to know of his past drug use. Clearance is denied.


Foreign Preference; Foreign Influence

12/17/2003

Applicant is a 48-year-old engineer who was born in the People's Republic of China. She has lived in the U.S. for 22 years, obtained her Ph.D., married, and made her life here. In completing her first security clearance application (SCA), in 2002, she reported her family members, who were citizens of and resident in the People's Republic of China. She corresponds periodically and has visited them in China on three occasions since 1999. She has no other ties to China, is firmly committed to the U.S. and credibly avers that she would immediately report any improper contacts involving classified information. Mitigation has been established. Clearance is granted.


Foreign Influence; Foreign Preference

12/17/2003

Applicant, a United States born dual citizen of Israel and the United States, has fulfilled the requirements of the Memorandum from the Assistant Secretary of Defense for Command, Control, Communications and Intelligence, dated August 16, 2000, (Money Memorandum) by returning his Israeli passport to the Israeli Government. Additionally, he has renounced his Israeli citizenship. Applicant's contacts with his family members, who are citizens of and reside in Israel are infrequent. None of these people are in a position to be exploited by Israel in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

12/17/2003

Applicant admitted to marijuana use from 1986 to 1999 on his security clearance application, which he signed in December 2001. In an interview in April 2002 with an agent of the Defense Security Service, Applicant prepared a signed sworn statement in which he said he used marijuana until the summer of 2001. Applicant offers no credible explanation for his lack of candor and for falsifying the dates of his marijuana use on his security clearance application. Clearance is denied.


Alcohol; Personal Conduct

12/17/2003

Applicant has a record of alcohol-related domestic abuse and drunk driving offenses. While there is no evidence his drinking has led to adverse social, occupational, or legal consequences since his last driving while intoxicated offense in August 1992, he continues to consume alcohol in quantities which present an unacceptable risk. After drinking seven or eight beers in May 2003, he had his spouse drive him home. Although Applicant disclosed only his most recent drunk driving offense on his security clearance application, it was due to a good faith mistake rather than to an intent to conceal. Personal conduct concerns are mitigated by his candor about his alcohol consumption and alcohol-related criminal incidents. Alcohol consumption concerns persist where Applicant cannot be counted on to drink only in moderation. Clearance is denied.


Foreign Influence

12/15/2003

Applicant is a 63 year-old, naturalized United States citizen. He was born in India, moved to the United States in 1972, and became naturalized in 1982. Applicant has several immediate family members who are citizens of and reside in India, but they are not in a position to be exploited by India in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Applicant has a strong attachment to the United States, with a long and successful career and substantial financial interest here, and he is unlikely to respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Personal Conduct

12/15/2003

This 69 year old senior engineer has worked for the same defense contractor for 38 years. He has held a DoD security clearance for almost the entire period, with no apparent problems. In 1975 and 1983, he had drunk driving arrests. In his 2000 security clearance application (SCA), he answered "No" to a question asking about alcohol-related arrests. In his 2002 interview with the Defense Security Service (DSS), he at first denied any alcohol-related arrests, but after being asked again, remembered first one and then both incidents. He claims he had forgotten both arrests until his memory was prompted by the repeated questions. He had mentioned the 1973 arrest in a 1989 SCA. The record does not establish that the omissions were intentional. Clearance is granted.


Criminal; Alcohol; Personal Conduct

12/15/2003

Applicant's history of criminal conduct, alcohol abuse and poor personal conduct has not been mitigated by evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

12/15/2003

The Applicant is not a dual citizen of the Republic of Korea and the United States. His Korean citizenship was revoked when he became an American citizen in 1984. In addition, the Applicant has voluntarily renounced his Korean citizenship. All of the Applicant's living close relatives are also citizens of the United States. They are not agents of Korea or in a position to be influenced by a foreign power. Adverse inference is overcome. Clearance is granted.


Foreign Influence

12/15/2003

Applicant waived evidentiary objections not raised at the hearing. An Administrative Judge's discretion to relax technical rules of evidence under Item E3.1.19 of the Directive's Additional Procedural Guidance is not unfettered. Administrative or official notice is the federal administrative law analogue to judicial notice. The Judge abused his discretion by agreeing to take administrative notice of two op-ed pieces. Party claiming error below must raises claims of error with specificity. Given the procedural posture of this case, the Board is unable to determine whether a report cited in the decision below was appropriate for taking administrative notice, or whether Judge's reliance on that report had any prejudicial effect on Applicant's right to prepare for hearing and present evidence on his behalf. Case remanded with instructions.


Drugs

12/11/2003

Applicant has failed to meet his heavy burden of persuasion under both the drug involvement guideline and the whole person concept because: (1) he used drugs while a security clearance; and, (2) he was involved in the same kind of unalleged behavior in May 1998 even though he had no security clearance at the time. Clearance is denied.


Foreign Influence

12/11/2003

The Board cannot consider new evidence on appeal. The adverse effect that an unfavorable security clearance may have on Applicant does not demonstrate that the Administrative Judge committed any factual or legal error. There is no presumption of error below. Because none of Applicant's arguments demonstrate any factual or legal error by the Judge, the Board does not have any basis for disturbing the Judge's findings and conclusions, or the Judge's security clearance decision. Adverse decision affirmed.


Foreign Influence

12/11/2003

Applicant's close and continuing foreign contacts, including his mother and four brothers and five sisters who are citizens of and reside in Vietnam, create the potential for foreign influence that could make him vulnerable to coercion, exploitation or pressure. The Applicant has also created a financial interest in Vietnam, by sending an average of $2,000.00 a year to his mother in Vietnam over the years. This shows a strong emotional attachment to his foreign national relatives. The record does not indicate whether any of the Applicant's family members in Vietnam are agents of, or employed with or associated in any way with the Vietnamese Government. These foreign contacts create the potential for foreign influence that could result in the compromise of classified information. Sufficient mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

12/11/2003

While Applicant finally resolved a majority of his long-standing financial problems, security concerns remain because of his delay in resolving debts to some creditors and his failure to document that other debts, including a state tax debt, are fully resolved. Further, personal conduct concerns persist over his failure to reveal these financial problems on his security questionnaire or fully to disclose the status of his repayment efforts in his first investigative interview. Clearance is denied.


Personal Conduct

12/11/2003

Applicant accumulated 21 citations over a 16-year period spanning 1984 and 2000: All but 7 were either warnings or dismissed. Applicant has shown excellent responsibility and dedication in both his work and community and no longer travels without his driver's license and proof of insurance (sources of a number of his citations) in his possession. Clearance is granted.


Foreign Influence

12/11/2003

Applicant is a 51-year-old electronic technician. Born in the Philippines, he came to the U.S. after college, served in the U.S. Army for 15 years, became a U.S. citizen, and rose to be a Staff Sergeant with a security clearance before retiring in 1995. He moved back to the Philippines, expecting to live in retirement with his family, but was unable to do so. He returned to the U.S. in 2000 to work. He left his family in the Philippines, but has begun the process of bringing all of them back to the U.S. Otherwise, he has minimal ties to the Philippines and views himself as an American only. He follows the rules as to reporting foreign travel and can be relied upon to reject any efforts to persuade him to act against U.S. interests. Mitigation has been established. Clearance is granted


Alcohol; Personal Conduct

12/11/2003

Board cannot consider new evidence on appeal. There is a rebuttable presumption that the Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. The Judge's finding that Applicant falsified a security clearance application in November 2000 is sustainable. Under the whole person concept, the Judge must not consider and weigh incidents in an applicant's life separately, in a piecemeal manner. Rather, the Judge must evaluate an applicant's security eligibility by considering the totality of an applicant's conduct and circumstances. Having decided to represent himself at the hearing, Applicant cannot now reasonably complain that he did not adequately represent himself and be relieved of the consequences of his decision to proceed pro se. Having failed to avail himself of the opportunity to be represented by counsel, Applicant cannot claim on appeal that he was denied due process. Adverse decision affirmed.


Drugs; Personal Conduct

12/10/2003

The Applicant last used marijuana in 1999 and 2000. He lied about the 1999 use on a questionnaire he filled out six months later in 2000. Insufficient mitigation is found. Clearance is denied.


Foreign Influence; Foreign Preference

12/10/2003

Applicant's relatives in the United Kingdom (UK) do not pose an unacceptable security risk. Since moving to the United States in 1992, applicant's conduct, including renouncing his UK citizenship, has indicated a clear preference for the United States. Clearance is granted.


Foreign Influence

12/09/2003

Applicant is a 32-year-old contract manager, born in the U.S. to Australian parents who have resided in the U.S. for many years. Applicant has lived here all of her life and considers herself to be an American. In the last 20 years, she has traveled to Australia on only three occasions, using the Australian passport she first obtained as a child and that she has renewed periodically since then. She has always used her U.S. passport for all other travel. She has infrequent contact with her relatives in Australia and no other ties to that country. She has surrendered her Australian passport and renounced her Australian citizenship. Mitigation has been established. Clearance is granted


Criminal Conduct

12/09/2003

On May 1972, when Applicant was 35 years of age, he was indicted and charged with one count of Grand Larceny for stealing a 1968 Caterpillar bulldozer. Applicant was found guilty of Grand Larceny on September 12, 1972. He was sentenced to an indeterminate term of one to ten years imprisonment. The provisions of Title 10 U.S.C. 986 apply. Mitigation has not been shown. Clearance is denied. I do not recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Financial; Personal Conduct

12/09/2003

Given the record evidence in this case, the Administrative Judge did not err by not applying Financial Considerations Mitigating Condition 6 to Applicant's history of financial difficulties. As the trier of fact, the Judge had to weigh the evidence as a whole and decide whether the favorable evidence outweighed the unfavorable evidence or vice versa. Applicant's disagreement with some of the Judge's conclusions is not sufficient to demonstrate the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Criminal Conduct

12/09/2003

Applicant who was charged with aggravated assault on a police officer (a felony) in June 2000 and who was placed under seven years of probation, ordered to perform 160 hours of community service, and fined, and remains subject to conviction and sentencing under the court's deferred adjudication ruling, fails to mitigate security concerns associated with his criminal conduct. Clearance is denied.


Drugs

12/09/2003

Applicant's approximately two years of abstinence, together with his credibly stated intention not to use illegal drugs in the future, is sufficient to overcome the Government's case under Guideline H. Clearance is granted.


Financial; Personal Conduct

12/08/2003

Applicant has a history of financial delinquencies, most of which have now been fully satisfied. To a large extent his financial problems coincided with the break up of his marriage, which has now resulted in a divorce. He also failed to disclose in a Security Clearance Application that he had received punishment under Article 15, Uniform Code of Military Justice while on active duty with the United States Army. He has mitigated the security concerns caused by both his financial considerations and personal conduct. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

12/08/2003

For nearly 20 years Applicant used the inhalant butyl nitrite. He used butyl nitrite while holding a security clearance and in violation of a federal policy prohibiting the improper use of drugs by individuals entrusted with security clearances. He also used butyl nitrite the day before meeting with a federal security investigator regarding his security clearance. Applicant deliberately killed a neighbor's dog because the animal's barking annoyed him. Applicant's criminal behavior, drug abuse, poor judgment, and unwillingness to comply with rules and regulations raise serious concerns about his security worthiness. Clearance is denied.


Foreign Influence; Personal Conduct

12/05/2003

Applicant is a 51 year-old naturalized United States citizen, born in Iran. He moved to the United States in 1971 and became a naturalized United States citizen in 1984. Applicant's wife, sister and brother-in-law are Iranian citizens. They now reside in the United States and are in the process of becoming United States citizens. Because of his strong attachment to the United States and because his family is not in a position to be exploited in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States, he is not vulnerable to foreign influence. Applicant's failure to give complete information to the Government was due to computer error, not an attempt to mislead the Government. Clearance is granted.


Foreign Influence

12/05/2003

Applicant is a native of Lebanon who acquired dual citizenship on his naturalization in the U.S. in November 1999. His spouse, who joined him in the U.S. in May 2002, is a Lebanese citizen. His parents and his in-laws immigrated to Canada from Lebanon. His parents possess dual citizenship (Lebanon and Canada); his in-laws are Lebanese citizens with permanent residency in Canada. While two siblings are dual citizens of Lebanon and Canada who reside in Canada, his other siblings are dual citizens of the U.S. and Lebanon who live in the U.S. The foreign citizenship and/or residency of close family members present little risk of undue foreign influence where the family members are not agents of a foreign power, reside either in the U.S. or in Canada (a nation with good relations with the U.S.), and do not actively exercise Lebanese citizenship. Clearance is granted.


Financial

12/05/2003

Thirty-three-year-old employee of a defense contractor incurred several debts, including a large debt to the IRS, as a result of his failed business partnership. Although he took some tentative steps toward resolving his financial obligations, he failed to establish it is clearly consistent with the national interest to grant him a clearance. Clearance is denied.


Foreign Influence; Foreign Preference

12/05/2003

Although Applicant's family members are not agents of the Peoples Republic of China (PRC), they are in a position to be exploited by a foreign power through coercive or non-coercive means that could force Applicant to choose between loyalty to the family member and the United States (U.S.). The foreign preference concerns associated with Applicant obtaining a PRC passport in April 1999 are successfully mitigated by his decision not to use the passport after his U.S. naturalization in May 2000, and the more recent action demonstrating Applicant's willingness to renounce his PRC citizenship. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

12/05/2003

The presence of some mitigating evidence does not alone compel an Administrative Judge to make a favorable security clearance decision. The Judge's adverse conclusions about Applicant's long history of drug abuse and multiple acts of falsification are sustainable. Adverse decision affirmed.


Financial

12/04/2003

This 56-year-old engineer has had substantial financial problems since 1993, in which year he filed for bankruptcy protection. He has subsequently amassed significant new debts and had his home foreclosed on. He has only recently paid off some of the smaller debts, but is still delinquent on others, including the largest debts, and totaling more than $50,000. His efforts at mitigation by paying off some debts have occurred only recently and cover only a small percentage of the total owed. He has not yet demonstrated his financial integrity. His explanations do not constitute adequate mitigation. Clearance is denied.


Alcohol; Personal Conduct; Financial

12/04/2003

Fifty-three-year-old employee of a defense contractor has a history of excessive alcohol consumption and several alcohol-related incidents in the 1970s. In 1991 and 1996, Applicant was diagnosed as being alcohol dependent. After short periods of abstinence, Applicant resumed consuming alcohol in even greater quantities. Up until he stopped drinking shortly before the hearing, Applicant had been consuming up to one-fifth of a gallon of brandy each weekend. There is nothing in Applicant's history to suggest he will succeed in stopping his excessive consumption of alcohol without intervention and treatment which he is not seeking. Clearance is denied.


Drugs; Personal Conduct

12/04/2003

The Applicant falsified a Questionnaire for National Security Positions by severely understating the amount of her drug use. This falsification was not mitigated. She mitigated her five to ten year old drug use. Adverse inference is not overcome. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

12/03/2003

Applicant has had a long history of financial difficulties, including debts to 30 creditors. These debts have not been resolved by the filing of a bankruptcy. Applicant's criminal activity includes being charged and found guilty of simple assault in 2000, and having a bench warrant issued for his arrest for failing to pay for a vehicle violation in 2001. Applicant knew or should have known that the information that he provided to the Government in a Security Clearance Application (SCA) in 2001 was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Foreign Influence

12/03/2003

The Applicant has lived in the United States since 1987, and became an American citizen in 1997. His father was a general in the Greek Army before retiring in 1970. His father has had no connections to the Greek government since that time and is not in a position to be influenced by them. The same goes for the Applicant's in-laws, who are citizens of the Netherlands. The Applicant's financial interests in Greece are not substantial enough in this case to be of security significance. Adverse inference is overcome. Clearance is granted.


Financial; Personal Conduct

12/03/2003

Applicant has a history of financial irresponsibility, and currently has more than $25,000.00 in delinquent accounts. He also failed to disclose his delinquent accounts, as required, in a Security Clearance Application, Standard Form 86, he executed on June 23, 1999. Applicant has failed to mitigate the security concern caused by his financial irresponsibility and personal conduct. Clearance is denied.


Criminal Conduct; Sexual Behavior

12/03/2003

Administrative Judge does not have jurisdiction or authority to supervise security clearance investigations, or to review or evaluate the necessity or sufficiency of such investigations. An applicant cannot avoid the application of 10 U.S.C. 986 even if the applicant were able to identify some procedural irregularity or failure by DoD in executing its internal regulations or procedures. A prior favorable adjudication of Applicant's security clearance eligibility does not bar application of 10 U.S.C. 986. The Judge properly concluded that 10 U.S.C. 986 precluded a favorable security clearance decision in Applicant's case. Adverse decision affirmed. The Board does not recommend this case for further consideration of a waiver under 10 U.S.C. 986(d).


Foreign Influence

12/02/2003

Applicant's relatives in Germany do not raise a security concern under Guideline B. Clearance is granted.


Foreign Influence

11/28/2003

Applicant, a naturalized US citizen of Lebanese descent with immediate family members residing in Lebanon, has experienced no increased security risks associated with Lebanon (an unstable democracy with no history of state hostility towards the US) since becoming a US citizen in 1985 and later acquiring a security clearance. He mitigates security risks associated with his having immediate family members in Lebanon by showing they are manageable ones consistent with his own dealings with his family members and State Department consular publications covering Lebanon. Clearance is granted.


Personal Conduct

11/28/2003

Applicant with history of pattern dishonesty reflected in mis-identity during a 1997 arrest and ensuing deliberate omission of two arrests in a security clearance application fails to mitigate security concerns associated with his lapses in judgment and trustworthiness. Clearance is denied.


Financial; Personal Conduct

11/28/2003

Applicant mitigated nine of ten delinquent debts listed in the SOR by paying them off. But she has not established her contention that the remaining debt, a judgment against her, is the same as one of the debts she paid and other evidence in the record places that contention in doubt. It is plausible that Applicant was not aware of the judgment when she completed her security clearance application, since she had moved to a new address. However, it is unreasonable to accept that she would not have been aware that she was more than 180 days delinquent on more than the one debt she reported, when she was more than two years delinquent on two additional debts and more than a year delinquent on two others. Moreover, she was not a credible witness because she provided conflicting sworn statements as to whether she received child support. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

11/26/2003

Applicant's intentional falsification of his security clearance application concerning his employment history, in addition to his criminal conduct and financial indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

11/26/2003

This 43-year-old systems engineer was born in Taiwan in 1960. She came to the U.S. in 1983 to complete her education, married, raised a family, and had a career as a teacher, research scientist, and systems engineer. She renounced her Taiwan citizenship in 1999, when she became a naturalized U.S. citizen. She still has family and friends in Taiwan, with whom she keeps in touch periodically. She has no other ties to Taiwan and considers self to be only an American. She understands her obligation to report any improper contacts and is prepared to do so if the occasion arises. Her family ties to Taiwan do not represent an unacceptable risk. She has shown an unequivocal preference for the U.S. Clearance is granted.


Personal Conduct

11/26/2003

Applicant's different and contradictory explanations for omitting material information from an Electronic Security Clearance Application preclude 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

11/26/2003

Considering all the facts and circumstances, Applicant's family ties to China do not pose an unacceptable security risk under the foreign influence guideline. Clearance is granted.


Alcohol; Drugs; Criminal Conduct; Personal Conduct

11/26/2003

Applicant is 27 years old and has a history of alcohol-related arrests and drug use. He falsified his security clearance application regarding his arrests for drug and alcohol-related criminal conduct. Despite a diagnosis of alcohol abuse and dependence and completion of a court-ordered alcohol awareness program, he continues to drink alcohol. Clearance is denied.


Foreign Influence

11/26/2003

Applicant's mother is a U.S. naturalized citizen who spends most of each year since 1981 in her native Portugal. Applicant's father-in-law is a dual citizen of Iran and the U.S. who has traveled to Iran on an Iranian passport to fulfill his obligations as head of the family. Applicant's mother's residency in Portugal raises little security concern. Since Applicant's father-in-law has three siblings who remain resident citizens of Iran, his father-in-law is likely to travel to Iran in the future. While there is a risk that his father-in-law may be pressured or improperly influenced by Iranian authorities, Applicant can be counted on to inform U.S. authorities of any undue foreign influence. Clearance is granted.


Criminal Conduct; Drugs; Alcohol; Personal Conduct

11/26/2003

Applicant's criminal conduct, drug involvement and alcohol abuse has been mitigated, as the problems occurred a number of years ago and there is no indication of recent problems. Applicant's attempt to conceal her criminal history and employment history on her security clearance application has not been mitigated. Clearance is denied.


Financial; Personal Conduct

11/26/2003

The Applicant has had serious debt problems for several years. Part of this was brought about by a divorce and employment problems. However, it is only within the last year that he has begun to take control of his finances. This culminated in the filing of a Chapter 7 bankruptcy which will be discharged in approximately December 2003. Insufficient mitigation is shown, financial considerations guideline found against the Applicant. The Applicant did not falsify a Security Clearance Questionnaire as alleged in the SOR. Adverse inference is not overcome. Clearance is denied.


Criminal Conduct

11/26/2003

Fifty-seven-year old Applicant's 1965 arrest for burglary and conspiracy, when he was 19-years old, and his subsequent conviction, upon his plea of guilty, led to a sentence of imprisonment for an indefinite term not to exceed 10 years. The absence of any subsequent criminal conduct would normally mitigate the government's security concerns. However, the application of 10 U.S.C. 986 disqualifies him from eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is recommended.


Financial; Personal Conduct

11/26/2003

Applicant's financial problems date back several years. In the past seven years, he has twice filed for bankruptcy under Chapter 13. Both suits were dismissed, the first for failure to commence payments under a Chapter 13 plan, and the second for failure to make required payments. In January 2001, Applicant filed for Chapter 7 bankruptcy and some of his debts were discharged in May 2001. He failed to report material facts relating to his financial liabilities on the security clearance application he filed in January 2000. Applicant's financial vulnerability raises continuing security concerns. Clearance is denied.


Foreign Preference; Foreign Influence

11/26/2003

An applicant has the burden of demonstrating the applicability of an Adjudicative Guidelines mitigating condition. Department Counsel does not have the burden of proving the inapplicability of such a mitigating condition. The Administrative Judge's application of Foreign Influence Mitigating Condition 1 is not sustainable. The Judge's conclusion that Applicant had demonstrated his family ties with relatives in Iran are mitigated is not sustainable. Department Counsel failed to overcome the rebuttable presumption that the Judge considered all the record evidence. The ASDC3I memorandum on foreign passports is silent on when an applicant must surrender a foreign passport in order to have the surrender considered to be mitigating. Favorable decision reversed.


Foreign Influence

11/26/2003

Applicant has mitigated foreign influence concerns. Her husband is Malaysian but resides with her in the United States, caring for their three children, and intends to apply for U.S. citizenship when he meets the residency requirement. The joint bank account they have in Malaysia has a minimal balance and they maintain it for visits to Malaysia. Although Applicant's father is a citizen of Taiwan, he has resided in the United States since 1985 and has applied for U.S. citizenship. Applicant's mother-in-law is a citizen and resident of Malaysia but is not an agent of a foreign power or in a position to be exploited by a foreign power. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

11/25/2003

Applicant has three unpaid and delinquent credit card debts totaling over $21,000. Applicant made attempts to pay these delinquent debts last year. But their current status is uncertain. She failed to mitigate the financial considerations, personal conduct, and criminal conduct concerns. Clearance is denied.


Foreign Preference; Foreign Influence

11/25/2003

Applicant's immediate family lives in a foreign country. He is a United States citizen, but claims dual citizenship with Lebanon, and he possesses a Lebanese Travel Document in addition to his United States passport. Applicant uses his Lebanese Travel Document to travel to the Middle East, and his United States passport to travel elsewhere. He wants his Lebanese Travel Document because he might inherit his parents' property in Lebanon. Applicant has not mitigated the security concerns under Guidelines B and C. Clearance is denied.


Personal Conduct

11/25/2003

Applicant is a 26-year-old married man employed as a computer systems administrator for a governmental contractor. He has successfully mitigated the security concerns under Guideline E based on his history of multiple traffic offenses and a single bad-check offense. Clearance is granted.


Financial; Personal Conduct

11/25/2003

Applicant reached an agreement with the IRS to satisfy his tax debt with monthly $1,500.00 payments. He entered into the agreement in good faith, has honored it so far, and intends to honor it until the debt is satisfied. The $1,500.00 monthly payments do not leave applicant financially overextended. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

11/25/2003

The application of the Adjudicative Guidelines requires the exercise of sound discretion in light of the record evidence as a whole. The Administrative Judge's evaluation of Applicant's overall history of financial difficulties was not arbitrary, capricious, or contrary to law. The Judge's finding that Applicant falsified a security clearance application is sustainable. Because falsification of a security clearance application is a violation of 18 U.S.C. 1001, the Judge had a rational basis for concluding Applicant's falsification constituted criminal conduct under Guideline J. Adverse decision affirmed.


Foreign Influence

11/25/2003

Applicant is a 44 year old employee of a defense contractor. He was born in Yemen in 1959, and with his family, he moved to Saudi Arabia in 1967. He moved to the United States in 1985 and became a naturalized United States citizen in 1998. Applicant's immediate family members, including his parents, his three sisters, and three brothers are citizens of Yemen and reside in Saudi Arabia. The evidence establishes that Applicant is vulnerable to foreign influence. 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.


Criminal Conduct

11/25/2003

Arrested in November 1989 for two charges which were dismissed, Applicant was charged and convicted in April 1990 with three counts of receiving stolen property and sentenced to serve consecutively one year apiece on the first two counts and six months on a third count, suspended upon good behavior and completion of three years probation. While clear evidence of successful rehabilitation and the absence of any subsequent criminal conduct over the past 14 years might otherwise mitigate security concerns over his actions, 10 U.S.C. Section 986 ("the Smith Amendment") disqualifies anyone convicted and sentenced to imprisonment for more than one year. Clearance is denied. Applicant requested a waiver based on his rehabilitation and the length of time since his conviction. A waiver is recommended.


Financial; Personal Conduct; Criminal Conduct

11/24/2003

This 41-year-old plant protection officer has had significant financial problems dating back to at least 1996, and which are not yet resolved. In both a security clearance application and in interviews with DSS, he failed to mention any of these financial problems, any of his three alcohol-related arrests, and his leaving a prior position after he had been told he would otherwise be terminated. His falsifications are criminal violations of 18 U.S.C. 1001. His explanations do not constitute adequate mitigation. Clearance is denied.


Financial; Personal Conduct

11/24/2003

Applicant's excessive financial indebtedness, brought on by a divorce and an inability to find full time employment that paid more than minimum wage, has not been mitigated by sufficient evidence of reform and rehabilitation. Her attempt to falsify her security clearance application by concealing her derogatory financial history has not been mitigated. Clearance is denied.


Alcohol; Criminal Conduct

11/24/2003

Applicant's alcohol abuse has resulted in at least seven alcohol-related incidents, the last taking place in 1999. Applicant abstained from consuming alcohol for a number of years after alcohol treatment. In 1999 he began drinking alcohol again, and he could offer no explanation for this conduct. He has been diagnosed as alcohol dependent. Evidence of Applicant's alcohol rehabilitation is not sufficient to mitigate his alcohol related history over a 15 year period. Adverse inference is not overcome. Clearance is denied.


Financial

11/24/2003

Applicant's financial problems were caused in significant part by his gambling. His unwillingness or inability to stop gambling precludes a finding that his financial problems will not recur. Clearance is denied.


Alcohol; Personal conduct

11/24/2003

Applicant's alcohol abuse has resulted in at least five alcohol-related arrests and convictions for Driving Under the Influence (DUI), the first taking place in 1987 and the last in1999. Evidence of Applicant's alcohol rehabilitation is not sufficient to mitigate his alcohol related history. Additionally, in a signed, sworn 1999 Security Clearance Application (SCA) supplied to the Government, Applicant knowingly failed to disclose that he received five DUI convictions; he only identified one. Clearance is denied.


Personal Conduct; Sexual Behavior; Alcohol

11/24/2003

Under the Directive, a party has an obligation to provide copies of proposed documentary evidence to the other party "as far in advance as practical" before the hearing. An Administrative Judge should not allow "hearing by ambush" or the appearance of "hearing by ambush." The right to object to a Report of Investigation can be waived by the parties. When a party objects to the admissibility of a Report of Investigation, the Judge must determine whether the party offering the Report of Investigation satisfies the requirements of Item E3.1.20 of the Additional Procedural Guidance. A Report of Investigation prepared by a federal investigator is a public record, not a business record. Case remanded with instructions.


Foreign Influence; Financial

11/24/2003

Applicant's foreign contacts, consist of his wife and four step children who are citizens of the Philippines, but reside in the United States and intend on becoming citizens. A brother-in-law and sister-in-law in the Philippines are not affiliated with the Filipino government in any way. None of these individuals are in a position to pose a security risk. Mitigation has been shown under Foreign Influence. Applicant's excessive indebtedness continues and has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct; Sexual Behavior; Alcohol

11/24/2003

Applicant's personal conduct and sexual behavior in Country #1 were deemed to be "unbecoming a federal supervisor," so in February 1999 his agency issued a Notice of Proposed Removal from his federal agency position. While Applicant was allowed to resign, he was permanently barred from serving in any position in Country #1 and was barred for one year from serving with the federal agency. Applicant's defenses were not credible in the light of the adverse statements taken from three women he supervised and in light of his admission that he had an improper sexual relationship with a woman he supervised. His alcohol-related conduct no longer raises security concerns. Clearance is denied.


Financial; Foreign Influence

11/24/2003

Applicant's financial delinquencies have been mitigated by a good faith effort to pay his outstanding indebtedness. However, Applicant's foreign contact consists of his wife who is a citizen of Vietnam. There is no evidence in the record as to whether his wife is or is not affiliated in any capacity with the Vietnamese government, or in a position to be exploited by Vietnam in a way that could force the Applicant to choose between the loyalty to his wife and the United States. No mitigation has been shown. Clearance is denied.


Foreign Influence

11/21/2003

Applicant is an engineer working for a defense contractor. Applicant's wife is a Russian citizen who recently obtained her "green card" in the United States. His spouse's parents and brother live in Russia, and she maintains frequent contact with them. Applicant could not mitigate the foreign influence concern. Clearance is denied.


Financial; Personal Conduct

11/21/2003

These unforeseen events combined with Applicant's positive action in paying off six of the seven listed debts in 2002 and 2003 satisfy her burden of persuasion under the financial considerations guideline. However, her intentional omission of material, financial information from questions 38 and 39 of the security clearance application (SCA) in December 2000 has not been mitigated. Clearance is denied.


Financial; Personal Conduct

11/21/2003

Applicant owes approximately $19,000 on 17 delinquent accounts, which were turned over for collection or charged off between 1997 and 2000. When he completed his Security Clearance Application, he failed to list his financial delinquencies of more than 180 days. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the debts and the falsification. Clearance is denied.


Drugs; Alcohol; Personal Conduct

11/21/2003

Applicant, a 28-year-old employee of a government contractor used marijuana for seven years from 1993 until 2000. He has asserted an intention to resume using depending on how he feels and how much alcohol he may have consumed. He also used other drugs and alcohol to excess. He also falsified material facts on his Security Clearance Application (SF 86) regarding drug activity. Clearance is denied.


Personal Conduct; Criminal Conduct

11/20/2003

Although the Applicant's written statements and explanations about events are relevant and material evidence that the Administrative Judge had to consider, the Judge was not bound by those statements and explanations. Rather, the Judge had to consider Applicant's statements and explanations in light of the record evidence as a whole. There is sufficient record evidence to support the Judge's finding that Applicant falsified a security clearance application. The federal government is not required to wait until an applicant has mishandled or failed to properly safeguard classified information before it can deny or revoke access to such information. Adverse decision affirmed.


Criminal Conduct; Alcohol; Personal Conduct

11/20/2003

An applicant's trustworthiness and reliability do not turn on whether the applicant possesses professional abilities that are valuable to his employer. Board cannot consider new evidence on appeal. Because there is no presumption of error below, the Administrative Judge's unchallenged findings and conclusions stand on appeal. Adverse decision affirmed.


Drugs; Personal Conduct

11/20/2003

Applicant claims that in 1998, he falsely confessed drug involvement to an investigator for a federal security agency. Based on the record, however, his admission was true and it is his denials of drug involvement on his current security clearance application and more recently to a Defense Security Service special agent that are false. Applicant has not mitigated nor does the record provide mitigation of that misconduct. Clearance is denied.


Financial

11/19/2003

While Applicant's financial problems raised security concerns because of his delay in resolving approximately $10,000 in debts to six creditors, he sought financial counseling through a debt consolidation company and has been making a good-faith effort for more than one year to resolve his debts through monthly payments; he has reduced his debts substantially and intends to become debt free. He has demonstrated his continuing commitment to being financially responsible. Clearance is granted.


Personal Conduct

11/19/2003

Applicant is a 23-year-old never married man employed as an IT technician for a governmental contractor. He is unable to mitigate the security concerns under Guideline E based on the cumulative effect of his criminal conduct (constituting a pattern of rule violations) as well as his false answer in response to a specific question on his security-clearance application seeking information about his police record. Clearance is denied.


Drugs; Personal Conduct

11/19/2003

Forty-three-year-old Applicant used marijuana for 25 years and experimented with other illegal substances. He deliberately falsified his security clearance application by omitting any reference to his illegal use of controlled substances. Clearance is denied.


Financial

11/19/2003

Applicant has a history of financial irresponsibility, including at least two accounts totaling $12,500.00 that are currently delinquent. Although she has the financial ability to either satisfy or bring those accounts current, she has failed to do so. Applicant has failed to mitigate the security concern caused by her financial irresponsibility. Clearance is denied.


Foreign Influence; Foreign Preference

11/19/2003

Applicant was born in 1974 in Bangladesh, but became a U.S. citizen in 1998. His wife is a Bangladeshi citizen who has never lived in the U.S. His mother and his two sisters-in-law are permanent resident aliens in the U.S. He also has distant relatives in Bangladesh. Applicant has not mitigated the security concerns under Guideline B (Foreign Influence) stemming from his wife's foreign citizenship, or Guideline C (Foreign Preference), resulting from his use of a foreign passport to exercise rights as a Bangladeshi citizen. Clearance is denied.


Financial

11/18/2003

Since he separated from military service in 2001, Applicant has been unable or unwilling to pay all of his debts. Although he has enrolled in a debt management program, he has not started making payments. Thus, he has not established a track record from which one could conclude he has resolved his financial problems. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

11/18/2003

Applicant, who had debts discharged in bankruptcy in 1988, filed a Chapter 13 repayment plan in 2001. The Chapter 13 was dismissed because Applicant failed to make the required payments. Applicant deliberately falsified a signed, sworn statement made to a Defense Security Service agent after the dismissal, by claiming he was making his Chapter 13 payments. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

11/18/2003

Applicant's financial problems began in 1991 when she sustained injuries which led to a period of unemployment. After trying unsuccessfully to pay her debts, she filed for bankruptcy under Chapter 7 in 1992 and received a discharge of her debts. In 1999, events beyond her control, including a job layoff and medical care for herself and an infant child, who later died, caused her to fall back into debt. Applicant asserts that she was unaware of the status of many of her delinquent accounts at the time she filed her application for a security clearance. Subsequently, she reviewed her credit report and developed a plan for paying her debts and rehabilitating her credit standing. She has put in over 1400 hours of overtime work to earn the money to pay the debts alleged in the Statement of Reasons and to cure her financial instability. Clearance is granted.


Foreign Influence; Foreign Preference

11/18/2003

Applicant, a naturalized United States citizen, has close relatives who are citizens of Turkey, and more extended family members who reside in that country. She possesses a Turkish passport that does not expire until May 16, 2004. She has failed to mitigate the security concerns caused by her possession of a foreign passport. Clearance is denied.


Financial

11/18/2003

Applicant mitigated the security concerns raised by all of his debts except his debt to the IRS. Applicant owes over $12,000 to the IRS and failed to file his 2002 tax return until August 2003, after he received the statement of reasons from DOHA detailing the reasons for declining to grant him a security clearance. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

11/18/2003

Applicant mitigated security concerns over foreign preference, foreign influence, and personal conduct. Her husband was born in Iran and has family who remain there, but she has renounced any claims of citizenship in Iran based on her husband's birth. During a 1992 visit Iranian policies forced her to obtain an Iranian passport to leave the country, but her Iranian passport is no longer valid. Given her long history of responsible conduct, I think it improbable that foreign pressure would subject her to duress from her husband's family in Iran. Further, personal conduct concerns over her failure to list her 1998 Iranian passport are mitigated as she had no intent to falsify and did list her 1992 Iranian passport on her security forms. References attest to her good character, extol her excellence at work, and recommend her for a security clearance. Clearance is granted.


Financial; Drugs; Personal Conduct; Criminal Conduct

11/18/2003

Applicant has a history of being unable to meet her financial obligations. Applicant deliberately falsified her security clearance application and a statement she gave to a Defense Security Service agent by denying she had used illegal drugs in the previous seven years. By deliberately falsifying her security clearance application and statement, Applicant violated 18 U.S.C. 1001. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

11/18/2003

Applicant has multiple arrests and/or convictions for offenses that involved alcohol or illegal drugs. Applicant is not responsibly addressing his alcohol dependence. Applicant did not mitigate the security concerns. Clearance is denied.


Criminal Conduct

11/17/2003

Applicant was convicted of two counts of forgery and one count of obtaining money by false pretenses. He was sentenced to imprisonment for two years (suspended) on each count. Applicant's criminal conduct creates doubt about his judgment, reliability, and trustworthiness that has not been sufficiently mitigated by the passage of five years since the date of the offenses. In addition, absent a waiver from the Secretary of Defense, the Department of Defense is prohibited from granting Applicant a clearance. Clearance is denied.


Personal Conduct

11/14/2003

Applicant was terminated in 1997 from employment as a corrections officer with a sheriff's department for violating numerous department regulations, including compromising a criminal case and associating with criminals and unsavory characters. He is unable to mitigate the security concern caused by his personal conduct. Clearance is denied.


Criminal Conduct; Personal Conduct

11/14/2003

There is a rebuttable presumption that an Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. The Judge's adverse conclusion about Applicant's credibility is not arbitrary, capricious, or contrary to law. Given the record evidence in this case and the Judge's adverse conclusion about Applicant's credibility, the Judge's findings of fact are sustainable. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

11/14/2003

Applicant submitted a Questionnaire for Public Trust Positions (SF 85P) on July 14, 1999, and a Security Clearance Application (SF 86) on September 13, 2000, and failed to disclose in both forms that he had been discharged from employment in February 1996 for engaging in unethical conduct and unsatisfactory performance. He has failed to mitigate the security concern caused by his personal and criminal conduct in falsifying those forms. Clearance is denied.


Foreign Influence; Foreign Preference

11/14/2003

Applicant is a 43-year-old software engineer, who came to the U.S. from Iran at age 17, graduated from college, began a family, and embarked on a career that has benefitted U.S. security and defense interests. He has surrendered his Iranian passport and renounced his Iranian citizenship. His few remaining family ties to Iran are far outweighed by his connections with American society. Applicant credibly avers he would immediately report any improper contacts. Mitigation has been established. Clearance is granted.


Drugs; Alcohol

11/14/2003

Although Applicant's honesty and candor do not excuse his drug abuse, they help establish his credibility in demonstrating an intent not to abuse drugs in the future. He has thereby mitigated his prior drug abuse, including the use of marijuana on as many as 50 occasions and limited uses of hashish, LSD, MDMD (ecstasy), GHB, Cylert, and mushrooms. The sole evidence of Applicant's drug abuse are his admissions, beginning with a security clearance application. The same is true with respect to Applicant's excessive use of alcohol. He has established positive changes in behavior supportive of sobriety, thereby mitigating that as well. Clearance is granted.


Personal Conduct; Financial

11/14/2003

Applicant is a 25-year-old never married man employed as a mail clerk for a governmental contractor. He is unable to mitigate the security concerns under Guideline E based on using a false address to obtain lower college tuition. Likewise, under Guideline F, he is unable to mitigate the security concerns based on the deceptive financial practice as well as his longtime delinquent student loan, which he has only recently started to repay. It is too soon to tell if Applicant has truly reformed his financial practices. Clearance is denied.


Criminal Conduct; Personal Conduct

11/14/2003

Applicant was convicted of Driving Under the Influence of Alcohol (DUI) in 1989 and again in 1991, and Possession of Controlled Substances (PCS) in 1994. He was sentenced to serve two years in jail (suspended) for the PCS offenses. He failed to disclose his criminal, drug and alcohol history, and a number of delinquent financial accounts in a Security Clearance Application (SF 86) he submitted on October 28, 1999. He has failed to mitigate the security concern caused by his personal conduct in providing false answers in the SF 86. Further, he is unable to mitigate the security concern his criminal conduct has created because of the statutory disqualification imposed by 10 U.S.C. 986. Clearance is denied.


Foreign Influence

11/13/2003

Applicant's foreign contacts consist of two sisters and a brother who are citizens of and reside in China. There is no evidence in the record as to whether his siblings in China are affiliated in any capacity with the Chinese government, or are in a position to be exploited by China in a way that could force the Applicant to choose between the loyalty to his foreign contacts and the United States. Mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct

11/13/2003

Applicant's occasional drug involvement between 1992 to April 2000, then one-time cocaine use in May 2002, raises a security concern that is mitigated by independent evidence supporting Applicant's statement he has not used drugs since May 2002, and will not use drugs in the future. Clearance is granted.


Foreign Preference; Foreign Influence

11/13/2003

Board cannot consider new evidence on appeal. Although a lack of honesty and candor with the government can raise serious questions about an applicant's security eligibility, the government can deny or revoke access to classified information for reasons unrelated to a lack of honesty and candor. The legality of Applicant's actions and circumstances did not preclude the Administrative Judge from considering whether they raise security concerns under Guideline C. Although security clearance decisions involve predictive judgments, some possibilities may be so speculative or tenuous as to be insufficient to provide a rational basis for making a security clearance decision. Given the record evidence as a whole, the Judge had a rational basis for concluding that the facts and circumstances of Applicant's case raised unresolved security concerns under Guideline C. Adverse decision affirmed.


Criminal Conduct; Alcohol: Financial; Personal Conduct

11/13/2003

Applicant continues to drink beer in quantity of up to four or five beers per sitting after being diagnosed as alcohol dependent and advised to abstain from alcohol. He violated his probation for a 1995 criminal assault by failing to attend court-ordered Alcoholics Anonymous (AA). While he was arrested three times for criminal assault and battery, most recently in November 2002, the incidents were aberrational and are not likely to be repeated. Applicant has $6,034 in outstanding bad debt that he cannot pay at present, but the debt was incurred because of an unexpected loss of income. Financial considerations and criminal conduct concerns have been mitigated, but personal conduct and alcohol consumption concerns persist. Clearance is denied.


Criminal Conduct; Personal Conduct

11/13/2003

Applicant was convicted by special court martial of being absent without leave, forgery, obtaining services under false pretenses, and attempting to obtain services. As a result of this conduct, he received a sentence of reduction to Airman Basic, forfeited $1,500.00, was sentenced to three months confinement, and ultimately received a General Discharge (Under Honorable Conditions). He was reprimanded for Violation of Article 134 of the Uniform Code of Military Justice (UCMJ), because he wrote checks with Insufficient Funds on three separate occasions. Finally, on a 1999 Security Clearance Application (SCA) Applicant failed to disclose that he served in the United States Air Force and that he received a General Discharge (Under Honorable Conditions). Mitigation has not been shown. Clearance is denied.


Personal Conduct; Criminal Conduct

11/12/2003

Applicant is 27 years old and an employee of a defense contractor. He admitted using marijuana five times from 1996 to 1997 on his security clearance application (SCA). In fact, Applicant used marijuana a "couple of times per month" and admitted to trying LSD, which uses Applicant did not disclose on the SCA. Serious security concerns exist regarding Guidelines E (Personal Conduct) and J (Criminal Conduct) that Applicant did not mitigate. Clearance is denied.


Foreign Preference; Foreign Influence

11/12/2003

An applicant has the burden of presenting evidence to warrant application of an Adjudicative Guidelines mitigating condition. Even if an applicant's family members living in a foreign country are not agents of a foreign power, the Administrative Judge must consider whether the applicant's relatives are in a position that poses a risk that they could be exploited by a foreign power. Record evidence that Applicant's father helped Applicant obtain a NATO security clearance by asking a Turkish Foreign Ministry official for a favor is highly relevant to the matter of possible foreign influence under Guideline B, and the Judge's failure to discuss that evidence is indicative of arbitrary and capricious reasoning. Given the record evidence in this case, the Judge failed to articulate a rational basis for his favorable conclusions under Guideline B. Favorable decision reversed.


Foreign Influence

11/12/2003

Applicant is an employee of a defense contractor who has lived in the United States for fourteen years. She has relatives in Laos including her mother with whom she communicates twice a month and sends financial aid. She cohabits with a Laotian citizen and her father lives with her who is also a Laotian citizen. Clearance is denied.


Drugs; Personnel Conduct

11/12/2003

Applicant has a history of drug abuse between 1968 and 1998. He has not used any illegal substances since then and does not intend to use them in the future. Applicant also omitted a conviction as a youthful offender and a drug conviction from his security clearance application. However, Applicant reported that he had been convicted of a felony, been convicted of a drug offense, and resigned a job under unfavorable conditions. Under the whole person concept, it is clearly consistent with the national interest to grant him a clearance. Clearance is granted.


Financial

11/12/2003

Applicant is 32 years old and works as a security guard for a defense contractor. He admitted he has six unpaid and delinquent debts totaling over $17,000. Applicant has made few if any attempts to pay these delinquent debts. Applicant failed to mitigate the financial considerations concerns. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

11/12/2003

Applicant was convicted of several larceny offenses that occurred between 1963 and 1965, and was sentenced to at least two concurrent three-year penitentiary sentences. He also has a history of financial delinquencies that have not been resolved. He failed to disclose his criminal history and a tax lien in a Questionnaire for National Security Positions (SF 86) he submitted on May 3, 2000. He has mitigated the security concern caused by his personal conduct in providing false answers in the SF 86, but has failed to mitigate the financial considerations concern. Further, he is unable to mitigate the security concern his criminal conduct has created because of the statutory disqualification imposed by 10 U.S.C. 986. Clearance is denied.


Personal Conduct; Financial

11/12/2003

Applicant has, since 1995, been fired from or has left under unfavorable circumstances four jobs. He deliberately omitted two such instances from a security questionnaire, and he repeated that falsification during an interview with a Defense Security Service (DSS) investigator. Applicant has demonstrated through his job performance and through deliberate falsifications that he is unreliable and untrustworthy. He has failed to present sufficient evidence to refute or mitigate the security significance of his adverse personal conduct or his financial considerations. Clearance is denied.


Financial

11/12/2003

Applicant is 45 years old and works as a truck driver for a defense contractor on a military base. Applicant has three delinquent debts owed, one debt is his mortgage on his former family home, the second owed to a cellular telephone company for service provided, and the third on the auto lease he had since 2000. Applicant mitigated all the debts by payment or lawful dispute (as to the mortgage balance) and financial considerations are allayed. Clearance is granted.


Foreign Influence; Foreign Preference

11/12/2003

Applicant is a naturalized U.S. citizen He was born in Cuba, but came to the U.S. at age 12. Applicant's immediate family are U.S. citizens, and he has an elderly aunt who recently became a permanent resident alien here. In 1997, he obtained a Cuban passport so he could visit his aunt. However, heeding a travel advisor that it was not then safe for U.S. citizens to go to Cuba at the time, he cancelled the trip. The Cuban passport expired, but he renewed it in 1999 and made a five-day trip to Cuba. He has since returned the Cuban passport and renounced his Cuban citizenship. Applicant has mitigated the security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Clearance is granted.


Foreign Influence

11/12/2003

However, these concerns are mitigated by a determination the family members are not foreign agents. Second, although the family members are residents of Israel, and in a position to be exploited by a foreign power in a way that could force Applicant to choose between loyalty to the family member(s) and the United States (US), Applicant's 31-year record without security infractions or violations, and his deep ties to the US justify complete confidence he will resist any coercive or non-coercive effort to force him to choose between the person(s) involved and the US. Clearance is granted.


Financial

11/10/2003

This 49-year-old security policeman obtained Chapter 7 discharges in bankruptcy in 1985 and 1995, totaling almost $32,000. He currently has a delinquent debt load of more than $10,000 that he has failed to resolve for three years or more, despite adequate income and knowledge of the pending adjudication. His explanations for not accepting personal responsibility do not constitute an valid excuse. His failure to demonstrate the taking of corrective action refutes any suggestion of financial rehabilitation. No mitigation has been shown. Clearance is denied.


Financial; Personal Conduct

11/10/2003

Applicant's financial problems are related in part to job lay-offs and periods of unemployment in the past. He demonstrated a good-faith effort to pay his debts and mitigated several debts listed on the Statement of Reasons. When Applicant completed his Security Clearance Application (SF-86), he failed to disclose his financial delinquencies of more than 180 days in the previous seven years and any current delinquencies of over 90 days. Applicant admitted the existence of the bad debts and has expressed his intent to satisfy them. He offered no credible explanation for falsifying his SF-86 by not reporting his financial delinquencies. Clearance is denied.


Financial

11/07/2003

Applicant has a history of not meeting his financial obligations although his personal financial statement reveals he has a positive cash flow. Applicant paid several debts in the month preceding his hearing. He claims he will pay off several of his remaining debts in the amount of $2,600 in the next 60 days by cutting back and watching where his money goes, but he has no liquid assets and he will still owe two debts totaling over $3,000. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

11/07/2003

Twenty-nine-year-old Applicant incurred several debts between 1995 to 2003 that he did not pay and did not list as delinquent on his security clearance application. Applicant failed to dispel financial considerations, personal conduct, and criminal conduct security concerns. Clearance is denied.


Foreign Influence

11/07/2003

Applicant has two sisters, one who is a citizen of Vietnam and resides in Vietnam, and the second who is a citizen of Vietnam and resides in France. His contacts with them are infrequent. He also keeps in contact by email with a number of friends that he has known from Vietnam. None of these people are in a position to be exploited by Vietnam in a way that could force Applicant to choose between loyalty to these individuals and his loyalty to the United States. Applicant has given some money to his sister in Vietnam, but the amount is not significant. Applicant's strong attachment to the United States and minimal ties to Vietnam makes it unlikely that he would respond favorably to any efforts to make him act against United States interests. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

11/07/2003

Applicant failed to mitigate security concerns over her past drug use and personal conduct. Applicant intentionally omitted the full extent of her past drug use on her 2000 security form and minimized the extent of her drug use in her first Defense Security Service (DSS) interview. Even after she was granted access to classified information in 1998, she continued to abuse cocaine until 1999 and marijuana until September 2001 even though she had made repeated promises to her company in 2000 and to DSS in February 2001 to abstain. While she has recently made positive changes in her life and has a good work record, with her history of relapse, it is too soon to conclude that she has persuasively demonstrated an intent not to use drugs in the future. Clearance is denied.


Alcohol; Personal Conduct

11/07/2003

Applicant was convicted of driving an automobile while under the influence of alcohol on three occasions between April 1996 and July 2000. He attended an alcohol abuse program on at least one occasion, and failed to disclose that treatment in the Security Clearance Application he submitted on January 2, 2001. Applicant has failed to mitigate the security concerns that arise from his alcohol consumption and personal conduct. Clearance is denied.


Financial; Personal Conduct

11/06/2003

Forty-six-year-old machine operator had a history of failing to meet his financial obligations. Although he has paid most of his bad debts off, he remains deeply in debt as a result of a judgment, and his monthly payments are not sufficient to pay off the accumulating interest. Applicant deliberately falsified relevant and material facts about financial condition on his security clearance application. Clearance is denied.


Criminal Conduct; Alcohol

11/06/2003

Applicant has a lengthy history of alcohol abuse and related criminal conduct, including two possession of marijuana and several alcohol related driving convictions. He has twice been ordered to attend alcohol abuse programs and has had his driving privileges restricted on three occasions. He has failed to mitigate the security concerns that arise from his alcohol consumption and criminal conduct. Clearance is denied.


Personal Conduct

11/06/2003

Applicant failed to reveal past criminal conduct and information about prior investigation for a security clearance on his security clearance application. Applicant contended that he misunderstood the questions and believed that the only information requested was for the past seven years. The questionnaire clearly stated the information was not time limited. Applicant offered no rebuttal information to counter the allegations. Clearance is denied.


Foreign Preference; Foreign Influence

11/06/2003

Applicant has failed to fulfill the requirements of the Memorandum from the Assistant Secretary of Defense for Command, Control, Communications and Intelligence, dated August 16, 2000, entitled "Guidance to DoD Central Adjudication Facilities (CAF) Clarifying the Application of the Foreign Preference Adjudicative Guideline" (Money Memorandum) by refusing to return his current Russian passport to the Russian Government. Additionally, he has stated that he has no intention of renouncing his Russian citizenship. Finally, his mother, maternal grandparents, and at least 10 other relatives are citizens of and reside in Russia. Clearance is denied.


Personal Conduct; Criminal Conduct

11/05/2003

Applicant has used marijuana on a number of occasions since his senior year in high school, the last use occurring in approximately January 2001, while he was vacationing in a foreign country where the use of marijuana is legal. He possessed a security clearance during this last reported use. Applicant also failed to disclose his use of marijuana on a Questionnaire for National Security Positions (SF 86) he submitted on August 16, 2001. Clearance is denied.


Criminal Conduct

11/05/2003

Between 1992 and 1996, Applicant was convicted of three criminal offenses. The last, in 1996 when he was approximately 40 years old, for concealment of merchandise, resulted in a sentence to prison for three years. While Applicant seems to have turned his life around and is now a respected worker, his use of marijuana after completing his security clearance application is troubling. Furthermore, the Department of Defense is prohibited from granting him a clearance absent a waiver from the Secretary of Defense 10 U.S.C. 986. Clearance is denied.


Drugs; Personal Conduct

11/05/2003

Applicant, a 36-year-old security assistant, had a history of drug abuse that was mitigated by time and her renunciation of the use of drugs in the future. However, she failed to mitigate the personal conduct security concerns raised by her transferring customer incentives to friends who had not earned them. Clearance is denied.


Foreign Influence

11/05/2003

Applicant's wife is a citizen of the Peoples Republic of China (PRC) who lives in the United States with permanent resident alien status. Her parents are also PRC citizens who still live in that country, and who have been persecuted by the Communist regime there for their opposition to the government. Applicant's wife was denied U.S. citizenship in 1998 because of her membership in the PRC Communist party until about 1990, but has recently been allowed to re-apply after a 10-year waiting period. Applicant's acknowledgment that his wife's parents may still be at risk of unwanted attention by the PRC government, and his wife's close contact with her parents preclude mitigation of the security concerns under Guideline B (Foreign Influence). Clearance is denied.


Foreign Influence

11/05/2003

A native of the People's Republic of China (PRC), Applicant came to the United States (U.S.) In August 1988 to pursue graduate study and make a better life for himself. Applicant and his spouse, also a PRC native, have become U.S. naturalized citizens and are productively employed in the U.S. Foreign influence concerns presented by the PRC citizenship and/or residency of Applicant's mother, siblings, and in-laws are mitigated. These relatives are neither agents of a foreign power nor in a position where they are likely to be exploited by a foreign power. Clearance is granted.


Personal Conduct; Criminal Conduct

11/04/2003

Applicant has been arrested 12 times between 1970 and 2000. His criminal conduct includes but is not limited to assault, disorderly conduct, and drug possession. He also intentionally falsified two security questionnaires in 1984 and 2001 by deliberately omitting information about his arrests and about past illegal drug use. He has failed to present sufficient evidence to refute or mitigate his adverse criminal conduct and personal conduct. Clearance is denied.


Financial; Personal Conduct

11/04/2003

The Applicant owes almost $90,000 in overdue student loans and child support. These debts are non-dischargeable. The Applicant does not have a long enough history of steady payments to show that he can pay these debts off in a reasonable time. He also falsified an official questionnaire concerning his police record involving alcohol. Adverse inference is not overcome. Clearance is denied.


Criminal Conduct

11/03/2003

Applicant convicted of 1973 felony drug possession and sentenced to 4 years in prison is subject to the Smith Amendment's (10 U.S.C. Sec. 986) mandatory bar against holding a security clearance, despite persuasive demonstration of rehabilitation in his personal and work affairs. Clearance is denied.


Foreign Preference; Foreign Influence

11/03/2003

A native of Egypt, Applicant exercised a benefit of that foreign citizenship after he became a U.S. citizen in May 2000. He renewed his Egyptian passport to avoid the inconvenience associated with obtaining a visa to travel to Egypt on his U.S. passport and for the financial savings afforded to Egyptian-citizen tourists when in Egypt. Foreign preference concerns are mitigated by his surrender of his foreign passport and demonstrated intent to pursue his life as a U.S. citizen. The foreign citizenship, and in some cases the foreign residency, of close family members presents little risk of undue foreign influence. None are agents of a foreign power or in a position where they are likely to be exploited by a foreign power. Clearance is granted.


Criminal Conduct

10/31/2003

On July 2, 1984, Applicant entered a plea of nolo contendere to the offense of Manslaughter by Operation of an Automobile While Intoxicated or Deprived of Full Possession of Normal Faculties. He was sentenced to be imprisoned for a term of four years followed by a period of three years on probation. Because of the statutory disqualification imposed by 10 U.S.C. 986, he is unable to mitigate the security concern his criminal conduct has created. Clearance is denied. I do not recommend further consideration of this case for a waiver.


Criminal Conduct; Personal Conduct

10/31/2003

Applicant's conviction of two drug offenses more than 32 years ago is an isolated criminal incident in his life. It would be mitigated under Mitigating Condition a and Mitigating Condition b under Guideline J had Applicant not received a suspended sentence of confinement for two years. The sentence precludes Applicant from receiving a security clearance in accordance with 10 U.S.C. 986. Although the Secretary of Defense may authorize a waiver of the prohibition in a meritorious case, a recommendation concerning waiver is not appropriate because Applicant has failed to mitigate his omission of the conviction from his June 2000 security clearance application. Clearance is denied.


Criminal Conduct

10/31/2003

Applicant with 1987 felony burglary 2d degree conviction and resulting 5-year sentence (all but two suspended) is subject to Smith Amendment's mandatory clearance bar. Applicant mitigated remaining non-Smith allegations by passage of time and demonstrated rehabilitation. Clearance is denied.


Personal Conduct

10/31/2003

Applicant's intentional pattern of omitting his drug history from his security application forms in 1994 and 2002 reflects adverse personal conduct that has not been mitigated. Clearance is denied.


Personal Conduct; Alcohol

10/31/2003

Applicant's alcohol consumption has resulted in five arrests between 1973 and 1998. In his most recent security questionnaire (SF-86), he disclosed his arrests in 1982, 1994 and 1998, but omitted earlier arrests in 1973 and 1975. Because he did not intend to mislead the government about his arrests, he has mitigated alleged security concerns under Guideline E (Personal Conduct). However, his history of alcohol-related arrests, and his conflicting statements and conduct relative to his current drinking habits preclude mitigation of the security concerns under Guideline G (Alcohol Consumption). Clearance is denied.


Drugs; Alcohol; Personal Conduct

10/31/2003

Applicant with history of marijuana abuse through 1997, and who omitted his marijuana abuse history in his SF-86 and understated his use in ensuing DSS interviews, fails to mitigate security concerns sufficient to satisfy conditions of trust necessary to meet clearance eligibility requirements. Clearance is denied.


Financial

10/30/2003

Applicant's financial problems include $5,793.00 in delinquent credit card debt, and $17,532.00 in delinquent medical bills. A hospital excused more than $10,000.00 of the debt as a Charity Care/Indigent Care adjustment, and Applicant has paid several small medical bills. However, he has done little to satisfy the remaining creditors or otherwise mitigate the security concerns caused by his financial considerations. Clearance is denied.


Criminal Conduct; Personal Conduct

10/30/2003

Applicant, who is 25 years old, has a history of multiple arrests for criminal behavior deriving primarily from driving under the influence of alcohol. He falsified his security clearance application by failing to report his criminal history fully and accurately. In 1997, he was found guilty of leaving the scene of an accident involving personal injury or death, a felony for which he received a prison sentence of three years. By operation of law, the provisions of 10 U.S.C. 986 preclude a grant of clearance, absent meritorious waiver by the Secretary of Defense. Applicant has failed to mitigate disqualifying conduct under the Criminal Conduct and Personal Conduct Guidelines. Clearance is denied. Waiver is not recommended.


Personal Conduct

10/30/2003

Applicant's inconsistent statements fail to adequately explain or mitigate his omission from his security clearance a conviction for Speeding and Refusal to Submit to a Breathalyzer Test. He has also failed to sufficiently explain or mitigate not reporting that he was charged with Cursing and Abusing his wife. Finally, Applicant failed to adequately address or mitigate an incident involving two fires in his mobile home. Although he denies that he intentionally set fire to his mobile home in order to obtain an insurance payment, Applicant admitted to the Defense Security Service that it was a "possibility," given his memory loss from the use of alcohol and prescribed medications at the time. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

10/29/2003

Applicant has mitigated security concerns over his past criminal conduct, drug use, and personal conduct. Given his record of excellence at work and in the community, he has mitigated his past drug use in 1997 and his criminal conduct as he has not had any adverse incidents for five years. Thus, he has demonstrated his intent not to abuse any drugs in the future and he has demonstrated clear evidence of successful rehabilitation. The omissions on his security form were not intentional as he disclosed substantial other adverse information in response to other questions. Clearance is granted.


Criminal Conduct

10/29/2003

Applicant is 42 years old. She works as an administrative assistant for a defense contractor, and seeks a security clearance. The Government alleges Guideline J (Criminal Conduct) concerns about her criminal arrests and convictions involving illegal drug use from 1985 until 1995. Applicant successfully mitigated those concerns. However, Applicant was convicted and sentenced in 1985 to three years in the penitentiary for one offense. The Smith Amendment (10 U.S.C. 986) applies and disqualifies her for a security clearance without a waiver. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Foreign Influence

10/28/2003

Applicant, a 44-year-old employee of a defense contractor, is married to a citizen of the Ukraine and has had numerous other contacts with foreign women prior to his marriage including a former marriage to another citizen of the Ukraine. His father-in-law is an employee of the Bureau of Mines of Ukraine. Clearance is denied.


Alcohol; Drugs; Financial; Criminal Conduct; Personal Conduct

10/28/2003

Applicant is a 21-year-old security guard for a defense contractor. She has had problems with alcohol abuse and marijuana use including time in a detoxification unit and was referred to a center for further treatment she did not attend. She has had debt problems as a result of hospitalization and has filed bankruptcy. Clearance is denied.


Foreign Influence

10/28/2003

The Applicant and his wife are naturalized American citizens. He has been in the United States for over 25 years. He and his wife have relatives who are Philippine citizens and either live in the Philippines, or the United States. Contact with those relatives who still live in the Philippines is infrequent, and he has persuasively shown that his relatives do not work for the Philippine government. His financial interests in the Philippines are minimal and not sufficient to affect his security responsibilities. The Applicant has also shown that he is not subject to coercion because of his foreign connections. Adverse inference is overcome. Clearance is granted.


Alcohol

10/28/2003

Applicant was arrested for driving under the influence of alcohol three times, with the most recent event occurring in March 1997. After the 1997 offense, he successfully completed a court-ordered alcohol safety awareness program. He was diagnosed as alcohol dependent by a credentialed medical professional in July 1998. In the past five years, he has had no further incidents of alcohol abuse and has demonstrated conduct that mitigates and exculpates his previous alcohol-related behavior. He has married, purchased a home, completed two graduate degrees, and is active as a leader in his community. Applicant drinks alcohol in moderation and exhibits no tendencies toward alcohol dependence. In August 2002, Applicant's physician and a licensed social worker rendered professional opinions that he was not alcohol dependent. Clearance is granted.


Criminal Conduct; Alcohol; Financial; Personal Conduct

10/28/2003

Applicant has failed to sufficiently mitigate his criminal conduct that includes nine convictions for various offenses between 1992 and 1998, one of which included a sentence subject to 10 U.S.C. 986. In addition, he has failed to establish adequate mitigation of his alcohol abuse, provided a false answer on his security clearance application, and has not mitigated his delinquent indebtedness, which includes four unpaid bad debts totaling $9,226.00. Clearance is denied.


Drugs; Personal Conduct

10/27/2003

The security concerns raised by Applicant's occasional marijuana abuse between 1995 and February 2001 are removed by the absence of drug use since February 2001. However, Applicant's intentional omission of material information from her July 2000 security form has not been mitigated under the personal conduct guideline or the general factors of the whole person concept. Clearance is denied.


Criminal Conduct

10/27/2003

Applicant was convicted of single drug-related charge in 1987 and was sentenced to 20 years imprisonment, which is covered by the Smith Amendment (10 U.S.C. Sec. 986). Still subject to probation, neither the age of his conviction nor his explanations of the surrounding events establish persuasive extenuating or mitigating circumstances under the record developed. Clearance is denied without any recommendation for further consideration of a waiver.


Financial

10/27/2003

Administrative Judge's analysis of Applicant's history of financial difficulties is consistent with pertinent provisions of the Directive and does not reflect reasoning that is arbitrary, capricious, or contrary to law. Applicant's ability to argue for an alternate interpretation of the record evidence is not sufficient to demonstrate the Judge erred. Under the Directive there is no authority to grant a conditional or probationary security clearance. Adverse decision affirmed.


Foreign Influence; Personal Conduct

10/24/2003

Although the Statement of Reason (SOR) allegations frame the issues in a case, they are not a strait-jacket that precludes the presentation and consideration of things that can be relevant and material to a broad range of matters. It is impractical to expect an SOR to allege everything relevant to an applicant's case. Given the SOR allegations against Applicant and the manner in which the hearing was conducted, Applicant was on adequate notice that his contacts with foreign citizens were an issue in the case. Absent unusual circumstances, any flaw or failing with the synopsis of a Judge's decision is not likely to demonstrate harmful error. In these proceedings, an applicant's conduct and circumstances should not be evaluated in a piecemeal manner. Applicant's claims of error are unpersuasive or show only harmless error. Adverse decision affirmed.


Personal Conduct, Criminal Conduct, Financial

10/20/2003

Applicant mitigated security concerns over criminal conduct, personal conduct, and finances. Despite his past financial problems, he finally resolved outstanding debts to most of his creditors through his 2002 discharge in bankruptcy. Although he has two small debts to other creditors not included in the bankruptcy, overall he has demonstrated that he is gaining control of his finances and has recently consulted a financial advisor. Applicant now has a good income and with limited expenses he lives within his income. He has a general reputation for being conscientious about his job and being honest and forthright in his dealings. Clearance is granted.


Criminal Conduct

10/20/2003

Forty-seven-year old Applicant's 1975 arrest for possession of several controlled substances, when he was 19-years old, and his subsequent conviction, following a plea agreement, led to a sentence of imprisonment for two years, suspended. The absence of any subsequent criminal conduct would normally mitigate the government's security concerns. However, the application of 10 U.S.C. 986 disqualifies him from such eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is recommended.


Drugs; Personal Conduct; Financial

10/20/2003

Applicant, a 54-year-old employee of a government contractor used marijuana for 34 years. He has asserted an intention to resume using as soon as he no longer needs a clearance. He also has financial concerns for deliberate failure to file federal income tax in a timely fashion in an effort to conceal financial information from a separated spouse. Clearance is denied.


Financial

10/17/2003

Applicant filed for Chapter 13 bankruptcy protection in February 1996. After converting that petition to a Chapter 7 action, he was eventually discharged of about $110,000.00 in debt. He again filed Chapter 13 bankruptcy in June 1998, declaring about $103,000.00 in debts. When he was unable to make required payments to the trustee, his petition was dismissed and his mortgage was foreclosed. Applicant still owes approximately $11,400.00 in debts originally included in his second bankruptcy petition, and he does not intend to pay those debts despite having the means to do so. He also owes another $1,200.00 in other more recent, unpaid obligations. Applicant has failed to mitigate the resulting Guideline F (Financial Considerations) security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

10/17/2003

Applicant has a history of criminal convictions from 1978 to 1995, including 1990 felony offenses of perjury and possession of cocaine with intent to sell. Whereas she was sentenced to terms of incarceration of two years for perjury and ten years for the drug offense, Applicant is ineligible for a security clearance under 10 U.S.C. 986. Significant personal conduct and criminal conduct concerns also exist because of her failure to be completely frank about her criminal record and financial delinquencies on her April 2002 security clearance application and about her involvement in larceny from her employer in 1995 when interviewed by the Defense Security Service (DSS). Clearance is denied.


Personal Conduct; Alcohol; Drugs

10/17/2003

Applicant intentionally provided false, material information about his alcohol and drug use to the Government. Clearance is denied.


Foreign Influence

10/17/2003

Applicant is a dual citizen of the United States (U.S.) And Greece since his U.S. naturalization in September 2000. He intends to pursue his life and career in the U.S., but remains close to his mother and brother, who are resident citizens of Greece. Applicant has a record of significant contributions to the U.S. defense effort, and is well-regarded by his coworkers and military customer alike for his technical contributions and moral character. However, there exists an unacceptable risk of foreign influence because of his brother's employment for the Greek government and the Greek residency and citizenship of his close family members. Clearance is denied.


Financial; Alcohol

10/17/2003

Fifty-four-year-old retired service member failed to demonstrate he had taken sufficient action to mitigate the financial security concerns raised by his delinquent debts and was unable to demonstrate he had fully resolved the security concerns raised by his excessive alcohol consumption. Clearance is denied.


Financial

10/16/2003

Between September 1991 and March 1996, three Federal tax liens and two state tax liens totaling $17,400.00 were levied against the Applicant. The liens have not been paid. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the unsatisfied tax liens. Clearance is denied.


Criminal Conduct; Alcohol

10/16/2003

Applicant is a 63 year old employee of a defense contractor who has been arrested several times since 1985 for alcohol related traffic offenses most recently twice in 200l. He indicates an intention to continue drinking 3-4 beers in an evening twice or three times a week. He has been ordered into and attended alcohol awareness classes as a result of the arrests. Clearance is denied.


Personal Conduct

10/16/2003

In 1998, the Applicant provided false information in order to rent a boat slip. In 1999, she provided false information in a signed sworn statement. Since her false answers are serious misconduct there should be compelling reasons before a clearance is granted or continued. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from this conduct. Clearance is denied.


Criminal Conduct

10/15/2003

Applicant is 45 years old. He is employed by a defense contractor, in whose employ he worked his way up from the mail room to a managerial level, obtained a college degree, married, bought a house, and has two children, one in college and one in high school. At the age of 17, in 1975, he was arrested for burglary and assault. Convicted in 1976, he was sentenced to confinement for eight years. He served two years incarceration, and was on parole until 1981. Applicant is a manager for a defense contractor, and has had a secret clearance since 1981. Applicant mitigated the criminal conduct security concerns. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Foreign Influence

10/15/2003

Whether a person is eligible to apply for U.S. citizenship is a mixed question of fact and law. A person's belief, however sincere, that he or she is eligible to apply for U.S. citizenship is not competent evidence that the person really is eligible to apply for U.S. citizenship. Whether Applicant's wife is eligible to apply for U.S. citizenship now, or will be eligible to apply in the future, does not change the fact she currently is a Russian citizen and not a U.S. citizen. Given the totality of the record evidence, the Administrative Judge has a rational basis for concluding the facts and circumstances of Applicant's family ties with Russia raised security concerns under Guideline B. Absence of a particular disqualifying condition does not compel a favorable security clearance decision. Applicant's security eligibility does not turn on whether he needs a security clearance for access to classified information or for access to a secured area. Adverse decision affirmed.


Alcohol; Personal Conduct; Criminal Conduct

10/15/2003

Board does not review decisions by Administrative Judges under Administrative Procedures Act; Board reviews such decisions under pertinent provisions of DoD Directive 5220.6. Federal Rules of Civil Procedure do not apply to DOHA proceedings. Judge's denial of Applicant's post-hearing request to withdraw admissions was not arbitrary, capricious, or contrary to law. It is legally permissible for a Judge to make a finding of falsification based on circumstantial evidence of an applicant's intent or state of mind. Judge's findings that Applicant falsified material facts about his drinking history in two written statements he gave in January 2001 are sustainable. Adverse decision affirmed.


Financial

10/15/2003

Applicant's financial difficulties were caused by factors largely beyond his control. Since he filed for bankruptcy, he has been financially stable. He has a positive monthly cash flow and over $10,000.00 in savings. Given these facts, and the fact he has learned from his mistakes, I conclude he is unlikely to experience financial problems in the future. Clearance is granted.


Foreign Influence

10/14/2003

Applicant with immediate family who are citizens and residents of Taiwan mitigates security concerns by reason of his showing that (a) his mother and siblings are not affiliated with Taiwan Government, or are otherwise at risk in any way to undue influence, and (b) Taiwan is a friendly country, who despite a history of targeting US companies for collection of economic and proprietary data, is a military ally of the US and designee for US protection under the Taiwan Relations Act. Any security risks associated with Applicant's immediate family members being citizens and residents of Taiwan are manageable ones under all the circumstances considered.. Clearance is granted.


Criminal Conduct

10/14/2003

Applicant is 42 years old. She works as an administrative assistant for a defense contractor, and seeks a security clearance. The Government alleges Guideline J (Criminal Conduct) concerns about her criminal arrests and convictions involving illegal drug use from 1985 until 1995. Applicant successfully mitigated those concerns. However, Applicant was convicted and sentenced in 1985 to three years in the penitentiary for one offense. The Smith Amendment (10 U.S.C. 986) applies and disqualifies her for a security clearance without a waiver. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Criminal Conduct

10/10/2003

The Applicant was arrested and convicted for Petty Theft in 1994 and Theft from her employer in 1997. She was also detained after an alcohol-involved traffic accident in 1996. There has been no recurrence of the incidents in the six years since the last arrest. Compelling mitigating evidence has been submitted showing that the Applicant is now eligible for a security clearance. Adverse inference is overcome. Clearance is granted.


Foreign Influence

10/10/2003

Applicant, a naturalized United States citizen, has close relatives who are citizens and residents of Greece. She also owns an income generating apartment in Greece, and maintains a shared savings account with her father in a Greek bank. Applicant failed to present any evidence to rebut, extenuate, or mitigate the security concern caused by her close relatives being citizens and residents of a foreign country. Clearance is denied.


Foreign Influence

10/10/2003

Applicant is 40 years old. He is married. His family members are citizens of Vietnam and reside there, except for his one brother who lives in the United States but is a citizen of Vietnam. His wife is a citizen of Vietnam and lives in the United States as a registered alien. Applicant became a United States citizen in 1994. Applicant did not present any evidence to mitigate the grave concerns about foreign influence under Guideline B. Clearance is denied.


Financial

10/10/2003

In 1999, the Applicant and his wife began to experience financial difficulties when his wife was laid off from her job. In 2000, they filed for Chapter 13 bankruptcy protection. Since filing, all required monthly payments have been made. The Applicant has one year remaining on the four-year repayment plan. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the Applicant's financial difficulties. Clearance is granted


Foreign Influence, Personal Conduct, Outside Activities

10/10/2003

Applicant, a naturalized U.S. citizen born in Korea, maintains close family ties there, and travels to Korea and other nearby countries several times each year to market the services of the small engineering firm he owns. Since 1987, he has held a DoD clearance in connection with his company's DoD contracts. He has also contracted with a private aerospace company subsidized by the South Korean government. He continues to actively pursue a variety of foreign commercial ventures. Applicant also omitted from his most recent SF-86 relevant information about his foreign business interests and prior military service. He has failed to mitigate the resulting security concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct) and Guideline L (Outside Activities). Clearance is denied.


Foreign Preference; Foreign Influence

10/10/2003

Applicant is 24 years old. He works for a defense contractor. He has dual Polish and United States citizenship. He has a Polish passport which expires in 2004. He also has a United States passport. He voted in the Polish senate elections in 2001 after becoming a United States citizen in 1999. He stated his duty was to vote in elections in countries in which he has citizenship. Applicant did not mitigate the grave security concerns present. Clearance denied.


Financial; Personal Conduct

10/10/2003

Forty-six-year-old applicant had financial problems after he retired from the U.S. Army. He failed to resolve debts totaling over $35,000 until he filed for Chapter 13 bankruptcy after the Defense Office of Hearings and Appeals declined to grant him a security clearance. He deliberately omitted relevant and material information about these debts from his security clearance application. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

10/10/2003

Even if the Board were to assume, solely for purposes of deciding this appeal, that the Administrative Judge erred by excluding proposed Exhibit A, such an error would be harmless under the particular facts of this case. Favorable evidence cited by Applicant on appeal does not demonstrate the Judge's adverse decision is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Drugs

10/09/2003

Applicant's past drug use raises security concerns as Applicant continued his illegal drug use in November 2001 after he applied for a security clearance even though he understood such marijuana use was against his company's and the government's security policies. He has a fine employment record and has recently made a commitment to avoid drug use in the future, so he is no longer an "illegal user" under the Smith Act. However, given the recency of his commitment, it is too soon to conclude that he has demonstrated his intent not to abuse drugs in the future. Clearance is denied.


Drugs; Personal Conduct

10/09/2003

Applicant used marijuana from 1978-81, while he had a security clearance, and from 1993-98. He deliberately falsified his answers to questions 24, 27, and 28 on his security clearance application (SCA) by failing to acknowledge his alcohol-related arrests and his use of marijuana, some of which occurred while he possessed a security clearance. Clearance is denied.


Foreign influence

10/09/2003

Applicant is a naturalized citizen from South Korea who has parents and siblings who are citizens of South Korea and reside there (save for a brother who resides in Australia). Despite South Korea's known targeting of American companies for economic and proprietary data, Applicant's vulnerability to foreign influence remains a manageable risk, considering his own demonstrated loyalties to the US and South Korea's shared strategic military interests with the US. Clearance is granted.


Drugs

10/09/2003

Between 1992 and 1999, the Applicant used marijuana 10 times. During a seven month period in 2001, she used cocaine and ecstacy, with her cocaine use being daily and to the point of addiction. Her last use of illegal drugs occurred 18 months ago. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from illegal drug usage. Clearance is denied.


Foreign Influence; Foreign Preference

10/09/2003

Fifty-nine-year-old naturalized U.S. citizen whose mother, sisters, and brother are citizens and residents of the People's Republic of China (PRC) failed to mitigate foreign influence security concerns. By surrendering his PRC passport, Applicant mitigated the foreign preference security concern. Clearance is denied.


Criminal Conduct

10/09/2003

Board cannot consider new evidence on appeal. Applicant cannot fairly challenge the Administrative Judge's findings based on assertions that go beyond the record evidence. Board does not recommend that this case be considered further for a waiver under 10 U.S.C. 986. Adverse decision affirmed.


Financial

10/08/2003

Forty-seven-year-old Applicant's finances deteriorated rapidly when her spouse failed to make mortgage payments, they divorced, and her place of employment relocated and she became unemployed-all of which strained her finances and ability to pay her bills. Applicant's initial Chapter 13 bankruptcy was converted to Chapter 7 and she was released from all dischargeable debts. Sometime thereafter, she again became overwhelmed by new financial delinquencies-the causes of which are unclear-and she filed a Chapter 7 bankruptcy which she rapidly converted to a Chapter 13 repayment plan. With increased financial maturity and new resolve, Applicant has chosen to work with her creditors to pay off her debts. Questions and doubts as to her security eligibility and suitability have been satisfied. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

10/08/2003

Application of Adjudicative Guidelines disqualifying and mitigating conditions requires the exercise of sound discretion in light of the record evidence as a whole. Given the record evidence in this case, the Administrative Judge was not compelled to conclude Applicant's history of financial difficulties was successfully mitigated under Financial Considerations Mitigating Conditions 3 and 6. Board cannot consider new evidence on appeal. The Judge's adverse conclusions about Applicant's falsification of a security clearance application are sustainable. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

10/08/2003

In Fall 2000 and January 2002, Applicant was arrested on misdemeanor domestic violence charges for physically assaulting family members when he was under the influence of alcohol. Following court-mandated anger management sessions and Alcoholics Anonymous (AA) meetings, Applicant has changed his drinking behaviors, leading to a significant improvement in his relationship with his spouse. There is little risk of a recurrence of his criminal conduct. Applicant listed his January 2002 arrest for disorderly conduct on his security clearance application (SF 86), but omitted his arrest for assault in 2000 as the case had been dismissed. Personal conduct concerns are mitigated as the omission was due to good-faith reliance on the advice of legal counsel that he need not report the offense and he volunteered the information when interviewed by the Defense Security Service. Clearance is granted.


Alcohol; Criminal Conduct

10/08/2003

Between 1970 and January 1999, the Applicant was convicted 12 times for Driving While Intoxicated (DWI) and four times for public intoxication. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from excessive alcohol consumption. Clearance is denied.


Drugs

10/08/2003


Criminal Conduct; Personal Conduct; Drugs

10/08/2003

Applicant, who is 55, has a 30-year history of criminal activity. He used drugs for most of his adult life, and he falsified his SF-86 by failing to list his numerous arrests and charges for felony offenses. In 1975 Applicant pled guilty to the felony charge of receiving stolen goods and was sentenced to two years in prison. By operation of law, the provisions of 10 U.S.C. 986 preclude a grant of clearance, absent meritorious waiver by the Secretary of Defense. Applicant has failed to mitigate disqualifying conduct under the Drug Involvement and Personal Conduct Guidelines. Clearance is denied. Waiver is not recommended.


Drugs

10/07/2003

Lack of subject matter jurisdiction can be raised at any time during these proceedings, including for the first time on appeal. Lack of subject matter jurisdiction to adjudicate a security clearance case is not waivable, can be raised by either party at any time in these proceedings, and can be raised sua sponte by a Hearing Office Administrative Judge or the Board even if neither party raises the issue. Decisions by Hearing Office Judges may be cited as persuasive authority, but they are not legally binding precedent that the Board must follow. Board cannot consider new evidence on appeal. Case remanded with instructions.


Alcohol

10/07/2003

The Applicant, admittedly, has three alcohol related arrests: one in 1988, one in 1990, and the last one more than four years ago in 1999. Although he has never been diagnosed to have a problem with alcohol, the Applicant has chosen to abstain from its consumption, and attends Alcoholics Anonymous (AA) on a regular basis. Mitigation is shown. Clearance is granted.


Financial

10/07/2003

Applicant's history of financial problems is partially explained and mitigated by his layoff from work and his wife's medical problems. He obtained a discharge in bankruptcy in 1997 in an effort to resolve his indebtedness. However, Applicant incurred most of the delinquent debts that are listed in the SOR within a year after obtaining his bankruptcy discharge. With one exception, Applicant is delinquent in his payments of these debts. With regard to half of them, he has not made any payment in four or five years. Clearance is denied.


Foreign Preference

10/06/2003

Applicant was born in Lithuania in 1934. His family's property was confiscated first by the Soviets in 1940 and then by the Germans in 1941. He and his family were sent to a concentration camp because they are Jews. Applicant applied for, and now possesses, a Lithuanian passport obtained solely for the purpose of perfecting his claim for his family's property in Lithuania. Absent official approval of the U.S. Government, an applicant who possesses a foreign passport may not be granted a security clearance. Clearance is denied. I recommend the U.S. Government approve Applicant's use of his Lithuanian passport for the sole purpose of perfecting his claim for his family's property.


Financial

10/02/2003

Fifty-five-year-old Applicant had a Chapter 7 bankruptcy in 1993, resulting from a failed business, and several delinquent debts. He was unable to show he had made sufficient good-faith efforts to resolve that would warrant finding that his financial situation did not represent a security concern. Clearance is denied.


Alcohol; Personal Conduct

10/02/2003

Applicant consumes eight to ten beers per sitting when socializing with friends on weekends, on occasion to intoxication. He does not believe his drinking has adversely affected his judgment or behavior. In December 2000, he was charged with spraying graffiti on the walls of a local high school, conduct which he admitted when arrested. Applicant did not disclose this arrest on his security clearance application because he feared loss of his job if he reported it. His lack of candor raises doubt about whether he possesses the requisite degree of good judgment, reliability, and trustworthiness to be granted access. His pattern of drinking to occasional intoxication is legal, but the Government must be assured that those with access do not drink to the point of significant impairment. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

10/02/2003

Administrative Judge was not bound to accept Applicant's denials of any intent to falsify a security clearance application; rather the Judge had to consider those denials in light of the record evidence as a whole and decide whether to accept them or reject them. Board cannot consider new evidence on appeal. Applicant cannot fairly challenge the Judge's decision based on a belated proffer of information that he failed to offer for the Judge's consideration. Any changes in Applicant's life after the close of the record evidence cannot form the basis for challenging the Judge's decision. The security significance of Applicant's conduct does not turn on what effect a security clearance decision will have on his career. Adverse decision affirmed.


Alcohol; Personal Conduct

10/02/2003

Statements by Applicant and Department Counsel in their appeal briefs about Exhibit A that go beyond the record evidence cannot be considered on appeal and do not cure the failure of both parties to develop the hearing record with respect to Exhibit A. Considering the record as a whole, Applicant has failed to show how the manner that Exhibit A was handled prejudiced him in any meaningful way. Applicant's honesty and candor with the government about his history of alcohol use do not preclude the government from evaluating the security significance of Applicant's history of episodic alcohol abuse. Given the record evidence in this case, the Administrative Judge had a rational basis for expressing doubts about whether Applicant had successfully rehabilitated himself. Given those doubts, the Judge properly resolved them in favor of the national security. Adverse decision affirmed.


Financial; Personal Conduct

10/01/2003

Applicant owes a deficiency balance of $10,509.02 following the voluntary repossession of his truck. He is also legally responsible for delinquent consumer credit debt of about $2,906.00 written off by creditors due to nonpayment. Applicant has made no effort to contact his creditors and resolve these debts because of their charged off status. His disregard of these financial obligations raises doubts about whether he possesses the requisite personal responsibility to be entrusted with the Nation's secrets. Although he did not list on his security clearance application the charged off accounts as delinquent debts, he disclosed his truck repossession and two other debts not alleged in the SOR. The omission was not due to an intent to conceal his financial problems, but rather to his failure to appreciate that unsatisfied charged off debts are considered current delinquencies. Clearance is denied.


Financial

10/01/2003

Applicant's financial difficulties were caused in large part by factors beyond his control. He is no longer legally liable for his past-due indebtedness as a result of the discharge he received from the bankruptcy court. He is currently financially stable, and is likely to remain that way. Clearance is granted.


Criminal Conduct

10/01/2003

Applicant was sentenced to two years in jail as a result of a conviction for assault in 1982. He was arrested in 1988 for possession of a controlled and dangerous substance and possession of a controlled and dangerous substance with intent to distribute, but the charges were dismissed. Applicant mitigated the criminal conduct security concerns, but is ineligible for access to classified information under 10 U.S.C. 986. Clearance is denied. I do not recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Personal Conduct; Criminal Conduct

09/30/2003

Applicant falsified his security clearance application, a violation of 18 U.S.C. 1001, by knowingly and willfully failing to acknowledge he had been arrested for driving while intoxicated. Clearance is denied.


Drugs; Personal Conduct

09/30/2003

While Applicant has stated in October 2002 and May 2003 he will not use drugs again, his violation of the policy statement in late 2001, coupled with his conditional statement in May 2002 regarding future drug use, and the lack of independent character evidence to support Applicant's present intentions, Applicant has not mitigated the adverse evidence under the drug involvement and personal conduct guideline. Clearance is denied.


Drugs

09/30/2003

Thirty-seven-year-old Applicant's abuse of marijuana, commencing at college in 1985, and continuing thereafter until December 2001--a period of about 16 years; his initial contention that what he did during his "private time" was of no business to anyone else, ostensibly including the authorities, the Government, and his employer; and his conditional vow that so long as he possesses a security clearance, if one is granted to him, he will not use marijuana; despite his purported abstinence since December 2001, leave grave doubts as to his security eligibility. Clearance is denied.


Sexual Behavior

09/30/2003

Although a court accepted the prosecutor's motion to nolle prosequi aggravated sexual battery charges against the Applicant, the evidence establishes that his admitted misconduct is of a criminal nature. That misconduct as well as his later admitted misconduct involving his daughter, none of which has been mitigated, also reflects a lack of discretion or judgment and could cause him to be vulnerable to coercion, exploitation, or duress. Clearance is denied.


Criminal Conduct; Alcohol

09/30/2003

Applicant with a record of three criminal arrests and convictions over an eight-year period between 1988 and 1996 ((one alcohol-related) and some history of excessive alcohol consumption, mitigates security concerns associated with his arrests and alcohol abuse by lapse of time and evidence of rehabilitation (inclusive of sustained abstinence for almost two years). Clearance is granted.


Financial

09/30/2003

This 52-year-old Applicant accumulated three delinquent debts in 2001/2002. He has been seeking to resolve these debts, but disputes the total amounts claimed for each debt . He has retained an attorney to help him but, for more than a year, neither has been successful in getting creditor representatives to acknowledge the debts and agree to negotiations. Applicant has available funds far in excess of the approximately $9,000 alleged in the SOR, and intends to pay all of the debts as soon as the dispute as to amount is resolved. Mitigation has been established. Clearance is granted.


Foreign Influence; Foreign Preference

09/30/2003

Fifty-seven year old British-born Applicant, naturalized as a U.S. citizen in 1978--a dual citizen of both countries--renewed his British passport in March 2002. His failure to surrender the British passport, and his failure to obtain official approval for the foreign passport's use from the appropriate agency of the United States Government, in light of the August 2000 ASD/C3I memorandum implementing a passport policy "clarification," raises grave questions and doubts as to his allegiance to the United States and as to his security eligibility and suitability. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

09/30/2003

Twenty-two-year old Applicant admits four alcohol-related arrests between 1999 and 2001. On his security clearance application he falsely characterized the 1999 arrest and he failed to list several jobs he had held. He was fired from two of the jobs he did not list for failure to report to work timely. Applicant continues to drink alcohol. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

09/30/2003

There is a rebuttable presumption that the Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. Judge properly concluded that Applicant's renewal and use of a Lebanese passport constituted the exercise of dual citizenship. Regardless of the State Department's policy concerning the use of foreign passports, the Department of Defense can have its own policy concerning the security significance of the possession and use of foreign passports. Once Department Counsel has demonstrated the applicability of an Adjudicative Guidelines disqualifying condition, the burden shifts to the applicant to demonstrate that there is mitigation or extenuation. Given the record evidence in this case, the Judge had an ample basis for finding that Applicant deliberately falsified a security clearance application in June 1999. Adverse decision affirmed.


Financial

09/30/2003

Applicant accrued approximately $10,700.00 in delinquent debts from 1988 through at least 2002 due in large part to a long period of unemployment after a workplace injury and irregular workmen's compensation payments. In 1999, all but $3,994.00 of her debts were discharged through bankruptcy. While Applicant's current financial management practices are less than ideal, she once again has steady income, is living within her means, and her remaining debts are not so onerous as to be of security significance. Clearance is granted.


Personal Conduct; Drugs

09/30/2003

Applicant used marijuana on a number of occasions between approximately 1998 and 2001. He was arrested in a bedroom he had been sleeping in when police executed a search warrant on January 25, 2002. The police found a large quantity of cocaine, other controlled substances, drug paraphernalia, and drug-packaging material in the bedroom. While the charges were eventually dismissed against Applicant because of his cooperation with prosecuting officials and his brother accepting responsibility for the drug possession, the evidence establishes Applicant was aware the drugs were being stored in the room he was using as a bedroom and that his brother was dealing drugs from that room. Clearance is denied.


Financial

09/30/2003

Application of Adjudicative Guidelines disqualifying and mitigating conditions is not a simple, mechanical operation or reducible to a simple formula. Rather, the application of a disqualifying or mitigating condition requires the exercise of sound discretion in light of the record evidence as a whole. Given the record evidence in this case, the Administrative Judge had a rational basis for not applying various Financial Considerations mitigating conditions. The Judge's findings and conclusions about Applicant's history of financial difficulties provide a rational basis for the Judge to conclude Applicant had failed to present sufficient evidence to overcome the security concerns raised by his overall history of financial difficulties. Adverse decision affirmed.


Criminal Conduct; Alcohol; Personal Conduct

09/29/2003

Applicant with history of arrests and convictions, many alcohol-related, and only a very short six-month period of sustained abstinence following counseling, fails to demonstrate sufficient mitigation of alcohol-related security concerns to restore himself to minimum standards of clearance eligibility. Applicant is credited with mitigating security concerns associated with his arrest omissions. Clearance is denied.


Financial

09/29/2003

The Applicant has a long history of not paying his just debts. He currently owes approximately $19,000 to nine creditors. He has payment arrangements with two of the creditors, but submitted no evidence that he has reached similar arrangements with the other seven, or that he has a plan to pay off these creditors. Adverse inference is not overcome. Clearance is denied.


Personal Conduct

09/29/2003

Applicant with history of use of home computer to access Internet chat rooms with foreign women, some of whom he established cyber-sex relationships, in addition to a physical exchange with one of the women, successfully demonstrates the absence of any material security risks associated with his Internet relationships, and promptly corrected in a good faith way his SF-86 omissions of his foreign contacts. Clearance is granted.


Drugs; Personal Conduct

09/29/2003

Absent unusual circumstances, any flaw or failing with the synopsis of an Administrative Judge's decision is not likely to demonstrate harmful error. There is no rule of law that compels a Judge to accept a witness's testimony at face value without regard to the record evidence as a whole or the Judge's assessment of the witness's demeanor and credibility. Under the whole person concept a Judge must consider the record evidence as a whole and evaluate the totality of an applicant's conduct and circumstances. However, the whole person concept still requires a Judge to draw reasonable, common sense conclusions from the totality of the record evidence. Given the Judge's finding that Applicant last used marijuana approximately two years before the hearing, the Judge failed to articulate a rational basis for applying 10 U.S.C. 986(c)(2) to the particular facts and circumstances of Applicant's history of marijuana use. Adverse decision affirmed.


Foreign Preference; Foreign Influence

09/26/2003

Born in the Peoples Republic of China ("China"), Applicant never used her foreign passport after she became a naturalized United States (U.S.) citizen in January 2001. She voluntarily complied with the Department of Defense policy requirements by returning her Chinese passport in August 2003 and mitigated foreign preference concerns. While her parents and sister are citizens of and reside in China, her mother-in-law now lives in the U.S. and has permanent residence status. None of her relatives have any ties to the government and would not place her in a position of vulnerability. Thus, Applicant has also mitigated concerns over foreign influence. Clearance is granted.


Financial; Alcohol; Criminal Conduct

09/26/2003

Applicant has a lengthy history of alcohol abuse and related criminal conduct, including a driving while intoxicated (DWI) conviction, a driving under the influence (DUI) conviction, and several public intoxication convictions. He voluntarily sought and received inpatient and outpatient alcohol abuse treatment in June 2001, has regularly attended alcoholics anonymous since his completion of that treatment, and has not had an alcoholic beverage in more than two years. He has successfully mitigated the security concerns that arose from his alcohol consumption and criminal conduct. Applicant also has a lengthy history of financial delinquencies that he had failed to remedy by the time of the hearing. Having failed to introduce satisfactory evidence to demonstrate that he is on the path to becoming a financially responsible individual, Applicant is unable to mitigate the financial issues that have been raised. Clearance is denied.


Criminal Conduct; Alcohol; Drugs; Personal Conduct

09/26/2003

Between 1992 and 1999, Applicant was arrested four times. All charges except for possession of marijuana charge were dismissed. Between 1985 and 1998, she used marijuana. Although listing all of her arrests, counseling, and treatment, she failed to indicate her drug usage on an October 2000 security questionnaire. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the arrests, her prior marijuana usage, and her false answer on the questionnaire. Clearance is granted.


Alcohol

09/26/2003

Applicant is an admitted alcoholic with a history of relapse into binge drinking following several inpatient detoxifications, outpatient counseling and periods of sustained abstinence. On his discharge in December 2000 from his ninth detoxification treatment, Applicant committed himself to recovery through Alcoholics Anonymous (AA). With the help of his AA sponsor and others in the fellowship, Applicant understands the symptomatology of alcohol dependence, and what he needs to do to remain sober. AA provides at this juncture the tools and support he needs to maintain the sobriety he has enjoyed since November 30, 2000. Clearance is granted.


Financial; Personal Conduct

09/26/2003

Board cannot consider new evidence on appeal. The Administrative Judge was not required to accept at face value Applicant's testimony about his debts without corroborating documentation. The Judge could assess Applicant's demeanor during his hearing testimony and reach conclusions about Applicant's credibility. The Judge's findings and conclusions are sustainable in view of the record evidence. The Judge's findings and conclusions under Guideline E and Guideline F provide a rational basis for her decision. Adverse decision affirmed.


Foreign preference

09/25/2003

Applicant who has maintained dual citizenship with Canada and the US since 1996 has never exercised active dual citizenship and no longer depends on his Canadian citizenship to ensure the vesting and enjoyment of his Canadian pensions since the consummation of the US -Canada agreement of 1981. This agreement consolidated pension rights between the two countries. Applicant's principal loyalties and preference is demonstrated by the proofs to be with the US, and not Canada. Clearance is granted.


Personal Conduct

09/25/2003

Because the falsification occurred less than three years ago, and due to the absence of substantiated character evidence to support Applicant's observations about himself, Applicant has not met his burden of persuasion under the personal conduct guideline. Clearance is denied.


Financial

09/25/2003

Application of the Adjudicative Guidelines disqualifying and mitigating conditions is not a simple, mechanical operation or reducible to a simple formula. Rather, the application of a disqualifying or mitigating condition requires the exercise of sound discretion in light of the record evidence as a whole. The Administrative Judge's findings and conclusions about Applicant's history of financial difficulties are reasonable and sustainable. Decisions by Hearing Office Judges in other cases are not legally binding precedent on the Judge in this case or on the Board in any case. Adverse decision affirmed.


Foreign Preference; Foreign Influence

09/24/2003

Applicant had a Ukranian passport, which she destroyed. Applicant sends support to her mother, a Ukrainian citizen residing in the Ukraine. The INS has granted Applicant's petition to sponsor her mother and her mother will be moving to the U.S. as soon as possible. Her sister, stepmother, and stepsister are Ukrainian citizens residing in the U.S. Her aunt and uncle are citizens and residents of Russia. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from her relatives' citizenship and residence and her possession of a foreign passport, before it was destroyed. Clearance is granted.


Personal Conduct; Financial

09/24/2003

While Applicant's financial problems raised security concerns because of his delay in resolving debts to creditors, he has now resolved his debts or has a plan in place to do so with the remaining creditors. Also, he mitigated the personal conduct concern over his failure to list his misdemeanor arrests and detail his financial problems on his 2001 security questionnaire. Thus, he has mitigated these security concerns. Clearance is granted.


Foreign Influence; Foreign Preference

09/24/2003

Applicant was a dual Turkish-U.S. citizen, whose parents, sister, and brother are Turkish citizens living in Turkey. His wife is a Turkish citizen and a permanent U.S. resident, living with him in the U.S. The Applicant has renounced his Turkish citizenship and surrendered his Turkish passport to the Turkish consulate. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his relatives' citizenship and his use of his Turkish passport. Clearance is granted.


Criminal Conduct; Personal Conduct; Alcohol

09/24/2003

Applicant has failed to mitigate alcohol-related incidents away from work, including three convictions for Driving While Intoxicated (DWI), two for Driving Under the Influence (DUI), and an alcohol-related assault on a military policeman. The offenses span a 22 year period. Applicant committed the latest DWI offenses within a year of submitting his pending security clearance application. Following his latest conviction, Applicant participated in a substance abuse program from which he received a favorable prognosis from the administrator. However, the value of the administrator's opinion is undermined by the fact that clinic records reflected that Applicant only had one prior DWI when he participated in their program. Clearance is denied.


Criminal Conduct

09/24/2003

Thirty-two-year-old Applicant from a dysfunctional family engaged in several criminal acts when he was between 16 and 19 years old. He was sentenced to imprisonment for 10 years for burglary and 5 years for malicious shooting. Since his release from prison, Applicant has been a model citizen, working several jobs, completing his associate's and bachelor's degrees, and working on a master's degree. Applicant fully mitigated the criminal conduct security concerns. However, absent a waiver from the Secretary of Defense, Applicant is barred from receiving a clearance. 10 U.S.C. 986. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Alcohol; Personal Conduct

09/24/2003

There is a rebuttable presumption that an Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. There is no requirement that a Judge specifically discuss every piece of record evidence when making a decision. The Judge's finding that Applicant falsified a security clearance application is sustainable. The Judge's finding that Applicant falsified a written statement is not sustainable. Nothing in Executive Order 10865 or the Directive entitles Applicant to be given the benefit of the doubt. To the contrary, in security clearance cases any doubts as to the security eligibility of an applicant must be resolved in favor of the national security, not in favor of the applicant. Adverse decision affirmed.


Personal Conduct; Financial

09/24/2003

Board cannot consider new evidence on appeal. Applicant cannot fairly challenge the Administrative Judge's decision based on evidence that was not presented to the Judge. The Judge's finding that Applicant owes an outstanding child support debt reflects a reasonable interpretation of the record evidence. There is no legitimate basis for give Applicant an extension of time so that he can settle the outstanding indebtedness and forward proof of settlement to the Board. There is no provision in Directive authorizing the Board to grant an interim clearance to an applicant. Adverse decision affirmed.


Criminal Conduct; Financial; Personal Conduct

09/23/2003

Applicant has a long history of not meeting his financial obligations. He failed to file federal income tax returns for years 1994-98 and state income tax returns for years 1994-2001. He deliberately falsified his answers on two security clearance applications to questions concerning his financial condition. Clearance is denied.


Financial; Personal Conduct

09/23/2003

Applicant has had a history of financial difficulties. Some of his past overdue debts have now been resolved, and he has recently taken steps to contact the creditors and pay off the debts not yet resolved. However, a significant amount of his past due debts have yet to be resolved, and based on his tenuous financial situation and his rather recent history of financial responsibility, it is far too soon to conclude that Applicant has a more stable and mature outlook about his finances. Applicant knew or should have known that the financial information that he provided to the Government was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Financial

09/23/2003

Applicant's financial problems, including a Chapter 7 bankruptcy, originated from his failure to properly pay estimated federal income taxes when he attempted to operate a franchise janitorial service, and his 1998 divorce and the resultant inability to satisfy his creditors because of the loss of his former wife's income. Subsequent child support issues, a poor business decision, and several relatively small delinquent accounts prolonged his financial concerns. He has now mitigated those concerns by his successful efforts to either satisfy his creditors or demonstrating the ability to do so if his efforts to sell the real estate he acquired in an attempt to convert it to income producing property fail. Clearance is granted.


Personal Conduct; Financial

09/22/2003

Applicant had difficulty meeting his financial obligations for about three years following a job layoff in November 1998. As of March 2002, he was not making any payments on consumer delinquencies totaling about $3,421.50, and was in arrears $2,056.00 in his child support for two children. With his wages from his defense contractor job, Applicant and his common law spouse have had at least $1,000.00 remaining each month after expenses. Through garnishment, he has reduced his child support arrearage by two-thirds, but has neglected other accounts that have been either charged off or placed for collection. Financial considerations persist because of his failure to address several of his outstanding debts. His omission of these financial delinquencies from his security clearance application engenders personal conduct concerns that are unmitigated. Clearance is denied.


Alcohol

09/22/2003

Applicant was arrested twice for possessing alcohol as a minor and once for driving while intoxicated. He also drank to the point of passing out on his 21st birthday. Applicant made positive changes in his behavior supportive of sobriety and has been diagnosed as not being alcohol dependent. Clearance is granted.


Financial; Personal Conduct

09/22/2003

This 21-year-old applicant purchased a new small car in 2001, but after a few months was unable to make two successive insurance payments. An auto accident totaled the now uninsured car, which was then repossessed, leaving a liability of $13,000, which Applicant was unable to pay. The debt was discharged in bankruptcy under Chapter 7 in 2002. She has a monthly net income of $1,400, which after expenses leaves a remainder of $60. She is current on all of her financial obligations, except for a single debt of $37. The record does not establish a pattern of financial irresponsibility. She misunderstood the question about repossessions in her SF 86, and answered "No" because the debt was being discharged in bankruptcy. Mitigation has been shown. Clearance is granted.


Alcohol; Criminal Conduct

09/22/2003

Applicant was convicted of four alcohol-related offenses between 1978 and 1999. She entered into alcohol abuse treatment on three occasions, has admitted that she has an alcohol problem, and she considers herself an alcoholic. Despite the legal problems alcohol has caused in her life and her acknowledged alcoholism, she continues to drink beer on a regular basis. Clearance is denied.


Foreign Preference; Foreign Influence

09/22/2003

Within the legal constraints of the Directive and basic concepts of due process, Administrative Judges have broad latitude and discretion in how they write their decisions. The Board does not find persuasive Applicant's contention that the Judge's decision was so deficient as to deny Applicant the possibility of an effective appeal. Harmless factual errors by the Judge do not warrant remand or reversal. The Judge properly applied the whole person concept in analyzing the facts and circumstances of Applicant's case. In general, the Judge's adverse conclusions under Guideline B and Guideline C are sustainable. The Judge's failure to apply Foreign Preference Mitigating Condition 1 was harmless error under the particular facts of this case. The Judge did not give undue weigh to the record evidence that Applicant moved to Israel in 1981 and worked about 10 months for a component of the Israeli Ministry of Defense. Adverse decision affirmed.


Foreign Influence

09/17/2003

Applicant is 44 years old. He was born in the former South Vietnam. He fled Vietnam after the collapse of the South Vietnamese government in 1975. After becoming a U.S. citizen in 1983, he worked for a defense contractor. He is married and has children in this country. Applicant has a sister in Vietnam whom he did not disclose on his security clearance application. One sister living in the United States is a citizen of Vietnam. His wife and her family are citizens of Canada. Applicant mitigated the foreign influence guideline concerns. Clearance is granted.


Personal Conduct

09/17/2003

Applicant deliberately falsified his security clearance application by claiming he had never been arrested or charged with any offense related to drugs. Clearance is denied.


Criminal Conduct

09/17/2003

On November 9, 2001, Applicant entered a plea of no contest to the offense of evading arrest or detention, a Class B misdemeanor. Adjudication was deferred for one year and he was placed on community supervision (probation) for twelve months. The offense resulted from Applicant fleeing from a police officer who was attempting to stop him for a speeding violation. He successfully completed the period of his probation and the charges were dismissed on April 23, 2003. Applicant has led a law-abiding life, with the exception of a number of prior traffic offenses, and is otherwise considered to be a responsible individual of high moral character. Clearance is granted.


Financial; Personal Conduct

09/17/2003

Applicant with history of financial difficulties reflected in accumulated debt delinquencies and judgment, which he has not paid, and who falsified his SF-86 by omitting most of his debts without acceptable explanations, is unable to mitigate security concerns associated with his actions. Clearance is denied.


Foreign Preference; Foreign Influence

09/17/2003

The Administrative Judge is not bound by Applicant's opinion as to the meaning and significance of his conduct. Board cannot consider new evidence on appeal. When adjudicating a security clearance case, a Judge is evaluating the security significance of an applicant's conduct and circumstances, not ordering an applicant to make decisions about his or her personal life. However, Applicant's freedom to make decisions about his personal life does not preclude the federal government from deciding whether the choices Applicant makes raise security concerns. Applicant's disagreement with the Judge's weighing of the record evidence, standing alone, is not sufficient to demonstrate the Judge weighed it improperly. Given the record evidence in this case, the Judge articulated a rational basis for why he had unresolved doubts about the security significance of Applicant's overall conduct and ties with Israel. Adverse decision affirmed.


Foreign Influence

09/16/2003

Applicant is a 66 year-old native born United States citizen. Applicant's fiancée is a citizen of the People's Republic of China and resided there until she recently moved with her daughter to the United States to marry Applicant. Applicant's contact with his fiancée's family members who reside in China, none of whom work for the Chinese government, is extremely limited. The evidence establishes that Applicant is not vulnerable to foreign influence because of his strong attachment to the United States and because his fiancée's family members are not in a position to be exploited in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Mitigation has been shown. Clearance is granted.


Foreign Influence; Foreign Preference; Personal Conduct

09/16/2003

While Applicant failed to disclose her foreign passport on her security form, she did disclose she was a dual citizen and mitigated security concerns over personal conduct. As she never used her foreign passport after she became a naturalized United States (U.S.) citizen in September1999 and voluntarily complied with the Department of Defense policy requirements by cancelling her Taiwanese passport and renouncing her foreign citizenship in May 2003, she mitigated foreign preference concerns. Although her husband was a dual citizen, he too relinquished his passport and renounced his foreign citizenship. While her mother and siblings are citizens of Taiwan, one sibling is a U.S. citizen, and one is a citizen of Taiwan who lives in Canada, none have any ties to the government. Applicant has also mitigated concerns over foreign influence. Clearance is granted.


Financial

09/16/2003

Sixty-year-old Applicant's finances deteriorated rapidly when he was confronted with a series of health issues (illness and death of his wife and father-in-law, as well as his own illness) which strained his finances and ability to pay his bills. Applicant's Chapter 13 bankruptcy was dismissed in an unsuccessful effort to resolve his financial delinquencies, but his other efforts are looked upon as positive, for he managed to remain current on some bills, entered into payment agreements on others, and actually paid off still other bills. He has mitigated the concerns by the evidence developed herein, and questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial; Personal Conduct

09/16/2003

As a rule, the Board will not defer to synopsis of a decision over the Administrative Judge's findings of fact and conclusions in the body of the decision. Applicant's disagreement with the Judge's weighing of the record evidence is not sufficient to show the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. In general, an adverse security clearance decision cannot be based on uncharged conduct. However, not every variance between a Statement of Reasons and a Judge's findings and conclusions is fatal. Under the particular facts of this case, Applicant was not denied due process or prejudiced by the Judge's consideration of business debts that were not alleged in the Statement of Reasons. Judge's adverse conclusions about Applicant's overall financial situation are sustainable. Adverse decision affirmed.


Security Violations; Foreign Influence; Personal Conduct

09/16/2003


Security Violations; Foreign Influence; Personal Conduct

09/16/2003


Foreign Preference; Foreign Influence

09/15/2003

Applicant has mitigated foreign influence concerns involving a brother and sister who are citizens of Israel. However, he has failed to mitigate foreign preference concerns. Applicant has possessed an Israeli passport ever since he became a U.S. citizen in 1978. Since 1996, he has used his Israeli passport for five trips to Israel. Although he has applied to renounce his Israeli citizenship, he still retains possession of his Israeli passport. Clearance is denied.


Alcohol

09/15/2003

In 1994, Applicant, who was 23 years old, was arrested and pled guilty to driving under the influence of alcohol. His driver's license was revoked for one year, he received a 60-day suspended sentence, and he paid a fine. Applicant has had no further alcohol-related incidents since 1994. He admits to drinking 1 to 10 beers twice a month and he states that, since his 1994 arrest, he has never driven after drinking. Nothing in the record indicates a diagnosis of alcohol abuse or dependence. Applicant's behavior provides evidence of mitigating conduct. Clearance is granted.


Foreign Influence

09/15/2003

Board cannot consider new evidence on appeal. The ability of an appealing party to formulate an interpretation of the record evidence different from that adopted by the Administrative Judge is insufficient to demonstrate the Judge committed error. The Judge is responsible for weighing the record evidence, both favorable and unfavorable. Absent a showing that the Judge did so in a manner that was arbitrary, capricious, or contrary to law, the Board will not disturb the Judge's weighing of the evidence. Given the record evidence in this case, the Judge's adverse conclusions under Guideline B are sustainable. Adverse decision affirmed.


Foreign Influence; Foreign Preference; Personal Conduct

09/15/2003

Board does not have supervisory jurisdiction or authority over the conduct of Department Counsel or Hearing Office Administrative Judges. However, the Board can review claims that the conduct of a Department Counsel or a Judge violated or prejudiced an applicant's rights under Executive Order 10865 or the Directive. Nothing in record evidence supports Applicant's claim that Department Counsel led him to believe that he would be granted a security clearance if he surrendered his Israeli passport and renounced his Israeli citizenship. Given the record evidence in this case, the Judge's adverse conclusions under Guideline B are sustainable. Judge's finding that Applicant falsified a security clearance application is sustainable. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

09/15/2003

Applicant was arrested and convicted of offenses resulting from his excessive consumption of alcohol. Because he failed to perform the sentence to community service for assaulting a police officer, Applicant was sentenced to jail for one year and 15 days. Applicant deliberately falsified his security clearance application by failing to note that he was fired from a job, had been convicted of criminal offenses related to his use of alcohol, and had been treated for his alcohol abuse. Applicant failed to sufficiently mitigate the criminal conduct and personal conduct security concerns. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

09/15/2003

Although Applicant surrendered her Egyptian passport in compliance with the Money Memorandum, her demonstrated foreign preference was not mitigated where Applicant had maintained her Egyptian passport since acquiring U.S. citizenship in 1986 and had used it to obtain hotel and airline discounts in Egypt and to ensure that she could enter Egypt without having to obtain a visa. In addition, she returned to Egypt for vacation and to visit relatives nearly every year from 1972 to 1987 and seventeen times in the sixteen years since she became a U.S. citizen. Finally, she was subject to potential foreign influence where her three siblings--two of whom are retired government employees--are citizens and residents of Egypt. Clearance denied.


Financial

09/15/2003

Applicant has a history of not meeting his financial obligations. Despite two bankruptcies, Applicant still has delinquent debts. He is currently over 30 days' behind in paying off some of his credit cards. Applicant failed to sufficiently mitigate the security concerns resulting from his financial condition. Clearance is denied.


Criminal Conduct

09/12/2003

Applicant with felony conviction for conspiring to distribute cocaine and sentence of over a year is subject to Smith Amendment's (10 U.S.C. Sec. 986) mandatory clearance bar. Amended decision implements parties' stipulation to correct finding Applicant used marijuana in the service based on information in a cut-off statement. Clearance is denied.


Foreign Influence

09/12/2003


Drugs; Personal Conduct; Criminal Conduct

09/12/2003


Criminal Conduct

09/11/2003

Board cannot consider new evidence on appeal. The Administrative Judge's findings of fact reflect a reasonable interpretation of the record evidence and provide a rational basis for his unfavorable conclusions about Applicant's security eligibility. Adverse decision affirmed.


Financial; Personal Conduct

09/11/2003

Applicant with a history of federal and state tax delinquencies, liens and late filing returns fails to mitigate security concerns associated with most of his back tax debts and filing lapses. Clearance is denied.


Foreign Preference; Foreign Influence

09/11/2003

Applicant is a dual citizen of the U.S. and Turkey, residing in the U.S. Her parents, brother, and sisters are citizens of and residents of Turkey. Applicant and spouse own property in Turkey. Applicant does not intend to renounce her Turkish citizenship because of property and inheritance considerations. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the foreign citizenship and residences of her relatives and her use of her foreign citizenship to protect financial interests. Clearance is denied.


Financial

09/11/2003

The Applicant owes approximately $16,000 in debts. Her financial problems date back several years. Applicant admits the existence of the bad debts and has expressed an intention to satisfy them. However, despite her expressed intention to take action in the future, she has failed to put forward specific plans for payment or to demonstrate that she has paid the debts. Clearance is denied.


Alcohol

09/10/2003

Twenty-five-year-old Applicant's relatively brief period of alcohol abuse during his freshman year at college in 1997-98, as well as during a five month period in 2001, and his two alcohol-related incidents in 2001, including one charge of drunk in public--which was eventually dismissed by the court as "no offense"--and a charge of driving while intoxicated, have been mitigated by his apparent rehabilitation. He successfully completed a court-mandated alcohol program and attended Alcoholics Anonymous meetings; has, with the exception of a single glass of wine consumed in January 2003, remained abstinent since August 2001, has changed his lifestyle, and vowed future abstinence. Clearance is granted.


Sexual Behavior; Criminal Conduct

09/09/2003

Board cannot consider new evidence on appeal. Although an Administrative Judge must consider all the record evidence, the Judge is not required to specifically discuss each and every piece of record evidence. Furthermore, the mere presence of favorable evidence does not preclude an unfavorable security clearance decision. Given the Judge's unchallenged findings of fact about Applicant's sexual misconduct with his minor daughter and his felony conviction for such misconduct, the Judge had a reasonable basis for her adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Criminal Conduct

09/09/2003

Applicant was convicted in June 1973 of two counts of embezzlement for having used his position as a clerk tasked with issuing food stamps to steal approximately $4,600.00. He was sentenced to 18 months in jail. On reconsideration in August 1973, he was released from jail after 43 days and he was continued on supervised probation for two years. In October 1973, while on probation, Applicant was arrested for felony armed robbery, a charge that was dismissed before trial for lack of evidence. Because he received a jail sentence in excess of one year, 10 U.S.C. 986 applies to disqualify Applicant from receiving a security clearance. Clearance is denied. However, Applicant has lived without incident as a solid, law-abiding citizen for the past 30 years. I recommend further consideration of his case for meritorious waiver.


Foreign Influence

09/09/2003

Applicant's parents and sister are citizens and residents of Iran. His father-in-law is an Iranian citizen living in the U.S. His mother-in-law is a naturalized U.S. citizen living in the U.S. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the citizenship and residence of his relatives. Clearance is denied.


Alcohol

09/09/2003

Applicant was convicted in 1992, 1993, and 1996 for Driving Under the Influence (DUI) of alcohol. The latest incident occurred more than eight years ago and there is no evidence of a recent problem with alcohol. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the alcohol arrests. Clearance is granted.


Personal Conduct; Foreign Influence

09/09/2003

Applicant filed a false W-4 withholding certificate with his current employer claiming he was legally married when he was single. He also listed on records for medical benefits filed with a former employer that he had an eligible dependent daughter, aware he was not the child's father. Of Nigerian ethnicity, Applicant has a sister and a brother who reside in Nigeria and his parents own a home there. In June 2002, he married a Nigerian citizen. Potential foreign influence concerns are mitigated by his parents' residency in the US since 1988, his father's acquisition of US citizenship in July 2002, his spouse's residency and employment in the US, and his siblings in Nigeria being neither agents of a foreign power or in positions of likely vulnerability to undue coercion, pressure, or influence. Personal conduct concerns persist because of his deliberate falsifications. Clearance is denied.


Alcohol; Personal Conduct

09/09/2003

In 1994, Applicant pleaded guilty to Driving While Intoxicated ( DWI). In 1999, he was arrested and pleaded no contest to DWI. In May 1999, he took a prescription drug and consumed rum to the point of intoxication, which resulted in hospitalization. In July 1999, when he completed his security clearance questionnaire (SF 86) he failed to indicate there were charges pending against him and failed to list his 1999 alcohol related arrest. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his use of alcohol and his falsification of his SF 86. Clearance is denied.


Drugs; Personal Conduct

09/08/2003

Applicant, a contractor with government agencies, had a history of marijuana use ending in 1996.On his application for security clearance in 1997 (SF 86) he omitted reference to this history. Other omissions alleged as to 1999 and 2001 SF 86's related to use of a mental health professional and reasons for leaving former employment. Applicant has changed his lifestyle since 1996 and is now a respected member of his community performing contracts with the government. His omissions from his application do not justify denial of a clearance. Clearance is granted.


Financial

09/08/2003

Applicant has mitigated her liability for delinquent Federal income taxes for tax years 1994 and 1996 through a discharge in bankruptcy in 1998. However, she has not mitigated liability, jointly incurred with her husband, for filing frivolous amended federal income tax returns for tax years 1993, 1994, and 1995. She has also not mitigated her liability for delinquent federal income taxes for tax years 1998, 2000, and 2001. The Internal Revenue Service (IRS) rejected the offer in compromise that Applicant and her husband submitted for this joint and several tax liability, which totals nearly $40,000.00, including penalties and interest. Although they appealed, IRS has not rendered a decision on the appeal and there is no basis for concluding that it will favor Applicant. Clearance is denied.


Financial

09/08/2003

Applicant incurred credit card debts during her marriage. Applicant is now divorced, raising three sons and working as a bus driver for a defense contractor. She has a payment plan in effect to resolve her debts. Applicant mitigated the financial concerns and it is clearly consistent with security concerns to issue a clearance. Clearance granted.


Foreign Influence

09/05/2003

Fifty-five-year-old Applicant for security clearance is married to a woman of Syrian citizenship. Her parents, sisters, and brothers are citizens of Syria. Some live in Syria, other in Saudi Arabia. Applicant failed to demonstrate sufficient mitigation of foreign influence security concerns. Assurance is denied.


Alcohol; Criminal Conduct

09/05/2003

Because Applicant was sentenced to a prison term exceeding a year, 10 USC 986 (Smith Amendment) prohibits the granting or renewal or a security clearance, regardless of the amount of time he actually served. Even without the Smith Amendment, Applicant's criminal conduct is not mitigated. Clearance is denied.


Foreign Influence

09/05/2003

Applicant is a 31-year-old software engineer, whose family began to leave Vietnam after the Communist takeover in 1975. Applicant arrived in the U.S. in 1991, when she was 19, completed her schooling, began her career, and married an American citizen in 2003. All but one member of her family are now in the U.S., or in the process of emigrating here. She has strong ties to the U.S. and minimal ties to Vietnam. She would respond to any attempt to subvert her by informing her employer. Mitigation has been shown. Clearance is granted.


Alcohol; Personal Conduct

09/04/2003

The Applicant's history of alcohol abuse, involving two recent arrests for Driving Under the Influence of Alcohol, for which he remains on probation, and his continued use of alcohol has not been mitigated by sufficient evidence of reform and rehabilitation. Applicant's failure to reveal the full extent of his financial indebtedness on his security clearance application has been mitigated. Clearance is denied.


Foreign Influence

09/04/2003

Applicant's wife, a citizen of Vietnam, resides with him in the United States. Applicant has a grandfather and mother-in-law, who are citizens of and reside in Vietnam, but his contacts with them are infrequent. None of these people are in a position to be exploited by Vietnam in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Applicant has given some money to his mother-in-law in Vietnam, but the amount is not significant. Applicant's strong attachment to the United States and minimal ties to Vietnam makes it unlikely that he would respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Foreign Preference; Foreign Influence

09/03/2003

Applicant, with dual U.S.-Turkish citizenship and grandparents who are citizens and residents of Turkey, who is willing to bear arms for Turkey, failed to sufficiently mitigate foreign preference and foreign influence security concerns. Clearance is denied.


Financial

09/03/2003

Although Applicant's financial difficulties were largely beyond his control, and he is willing to address his indebtedness, he appears to lack the financial means to do so at this time. While Applicant has been unemployed and under-employed for substantial periods, the record is silent on what steps Applicant took to reduce his expenses when his income was low. Clearance denied.


Outside Activities; Foreign Influence

09/03/2003

Applicant, a 50-year-old native of Chile, founded and now the C.E.O. of a consulting company doing business with the Department of Defense. He is also a 50 % owner of a company in Chile that has done business with the Chilean army and seeks other business from the Government of Chile as well as commercial export trade. He has family members living in Chile, one of whom has an interest in the Chilean company. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

09/03/2003

Applicant, a 34-year-old electrician employed by a defense contractor, has failed to mitigate alcohol-related incidents away from work, including two convictions for Driving While Intoxicated (DWI) and another for being Intoxicated in Public. He received a "poor" prognosis at the conclusion of an alcohol counseling program. Applicant refuses to acknowledge that he has a drinking problem and admits that he continues to consume alcohol. He also deliberately omitted his most recent alcohol-related convictions from his security clearance application. Clearance is denied.


Criminal Conduct; Financial

09/03/2003

Applicant has a chronic shopping problem. She spent thousands of dollars shopping, and embezzled $241,000 from her former employer to pay for the items she purchased. She made restitution and was fired. On the current federal charges, the Federal District Court convicted her of wire fraud and sentenced her to a year and a day in prison. Previously she was arrested for shoplifting a comparatively minor amount, and was convicted of a misdemeanor. Applicant has not mitigated the criminal conduct or financial considerations disqualifying conditions. Serious questions remain about her ability to conform to security clearance restrictions. Clearance denied.


Foreign Preference; Foreign Influence

09/03/2003

This 34-year-old technical analyst has not been shown to have possessed a Chinese passport after becoming a U.S. citizen in 1999. His last visit to China was in 1998, before he became a U.S. citizen. No foreign preference has been established. He has three relatives who are citizens of and reside in China, but contacts are causal and minimal, as are his contacts with an acquaintance in Singapore. Applicant has shown deep ties to the U.S., and is unlikely to respond favorably to any efforts to act against U.S. interests. Mitigation has been shown. Clearance is granted.


Foreign Preference; Foreign Influence

09/03/2003

Applicant, a dual citizen of Venezuela and the United States (US) from birth, exercised his foreign citizenship by using his Venezuelan passport to enter and exit that country on about an annual basis from 1994 to 2001. His use of the foreign passport was not intended as an act of foreign preference, but rather due to the advice of US embassy personnel that he should use his foreign passport to enter Venezuela as that country would not grant a visa to one of its citizens. He has since allowed his Venezuelan passport to lapse and does not intend to renew it, thereby mitigating foreign preference concerns. Potential foreign influence concerns presented by the Venezuelan citizenship of his father and dual citizenship (Venezuela and US) of his sister are mitigated by the permanent relocation of these family members to the US. Clearance is granted.


Foreign Influence

09/03/2003

Applicant is a 49-year-old software engineer, whose family fled from Vietnam in 1975, after the Communist takeover. He attended a U.S. university, married and raised a family here, and considers himself to only an American. He has worked for the same defense contractor since 1982 and has held a DoD security clearance since 1983, with no evidence of any problems. His contacts with the few relatives still in Vietnam is minimal and infrequent and Applicant strongly avers he would immediately report any improper contacts. He has worked in the defense sector, and held a DoD security clearance, for many years, without any problems. Mitigation has been established. Clearance is granted.


Foreign Preference; Foreign Influence

09/03/2003

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 and sister are residents of Sweden and his mother and sister are Swedish citizens. Clearance denied.


Financial

09/03/2003

Applicant had his debts discharged in bankruptcy in 1992 and had a Chapter 13 bankruptcy wage earner plan dismissed in 1998 for failing to make the necessary payments. Several delinquent debts remained outstanding. These financial considerations security concerns were mitigated. Applicant and his wife now have steady, good-paying jobs. They have paid off all but one of their delinquencies and are current on an installment plan to repay the remaining delinquency. Clearance is granted.


Personal Conduct

09/03/2003

Applicant was arrested in 1985 and in 1991 for driving while intoxicated. He failed to report the 1991 arrest on his Personnel Security Questionnaire completed in 1993. He failed to list both arrests on the Security Clearance Application he completed in November 2000, although he acknowledged both arrests in a signed, sworn statement made to a special agent of the Defense Security Service in May 2001. Applicant submits no credible evidence to mitigate his falsification. Clearance is denied


Personal Conduct

09/03/2003

Applicant's falsification of clearance applications in January 2000 and August 2002 suggested he could not be relied upon to disclose the truth if it conflicted with his personal interests. Clearance denied.


Foreign Influence

09/02/2003

The Applicant has six siblings, three live in the U.S. and three live in Vietnam. His brother is a U.S. citizen. His two U.S. sisters are manicurists, and have applied for U.S. citizenship. As to his three Vietnamese siblings, one brother is a farmer, another brother is a teacher, and his sister is a housewife. His mother is a housewife in Vietnam. The Applicant also has two sisters-in-laws and four bothers-in-law who reside outside of the U.S. One sister-in-law resides in China and is a retired English teacher. His other sister-in-law resides in Vietnam and is a housewife. Of his four bothers-in-law, one lives in France and works in manufacturing, two reside in Canada where, one is a machinist and the other is a teacher, and the last brother-in-law resides in Australia and works for its Immigration and Naturalization Service (INS). Mitigation is shown. Clearance is granted.


Foreign Preference; Foreign Influence

09/02/2003

Applicant, a dual citizen of the United States and Hungary, has failed to fulfill the requirements of the Memorandum from the Assistant Secretary of Defense for Command, Control, Communications and Intelligence, dated August 16, 2000, entitled "Guidance to DoD Central Adjudication Facilities (CAF) Clarifying the Application of the Foreign Preference Adjudicative Guideline." (Money Memorandum) by not relinquishing his Hungarian passport to the proper Hungarian authorities, but simply allowing it to lapse. Applicant's immediate family members, including his wife, two children and his parents, with whom he has close and continuing contact, are citizens of and reside in Hungary. The evidence establishes that Applicant is vulnerable to foreign influence. Mitigation has not been shown. Clearance is denied.


Foreign Influence

09/02/2003

The Applicant is a native-born American citizen. His wife, a naturalized American citizen, is originally from Iran. His mother-in-law and brother-in-law are Iranian citizens of Armenian Christian descent. They still live in Iran. The mother-in-law is a permanent legal resident of the United States and the brother-in-law has been approved for such status. Once the status is approved, both will leave Iran for the United States permanently. They are not connected to the Iranian government and they are not agents of the Iranian government. The Applicant is not in a position to be coerced by any government because of their presence in Iran. Adverse inference is overcome. Clearance is granted.


Foreign Preference

08/29/2003

The Administrative Judge's finding that Applicant received a copy of the ASDC3I memorandum on foreign passports is sustainable. Judge's adverse conclusions under Guideline C are sustainable based on application of the ASDC3I memorandum to Applicant's possession of a foreign passport. Board cannot consider new evidence on appeal. Offers to take remedial action in the future do not demonstrate factual or legal error by the Judge. Adverse decision affirmed.


Drugs

08/29/2003

The Applicant's history of illegal drug abuse from 1996 until at least January 2002, does not bring him within the purview of 10 U.S.C. Section 986, as he is no longer a drug user and has not used since 2002. His drug use, however, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence

08/29/2003

Applicant's close and continuing foreign contacts, including his wife, who is a citizen of Hong Kong, China, his parents-in-law and two brothers-in-law who are citizens of and reside in Hong Kong, China, create the potential for foreign influence that could make him vulnerable to coercion, exploitation or influence. The Applicant and his wife have created a financial interest in Hong Kong, China by sending $9,600.00 a year to their family there for several years. This shows a strong emotional attachment to their foreign national relatives, which creates the potential for foreign influence that could result in the compromise of classified information. Sufficient mitigation has not been shown. Clearance is denied.


Alcohol; Personal Conduct

08/29/2003

The Applicant's past history of alcohol abuse, which includes an arrest in 1991 or 1992 for DUI and 1994 charges involving domestic violence that were later dismissed, has been mitigated as there is no indication of a recent or continuing alcohol abuse problem. His recent attempt to intentionally conceal his 1994 charges on his security clearance application has not been mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

08/29/2003

Actions of an applicant's parents should not attributed to an applicant who is a minor under their control and dominion at the time. Applicant's past military service for Austria and his receipt of Austrian educational benefits could be considered by the Administrative Judge in determining whether Applicant demonstrated a foreign preference. Possession and use of an Austrian passport involves the exercise of the rights and privileges of Austrian citizenship. There is sufficient record evidence to support the Administrative Judge's conclusion that Applicant has demonstrated a foreign preference within the meaning of Guideline C. Failure to satisfy a mitigating condition may be taken into account when assessing an applicant's claim of extenuation, mitigation, or changed circumstances. However, failure to take affirmative steps to comply with a mitigating condition cannot be used to turn the mitigating condition into a disqualifying condition. Harmless error does not warrant remand or reversal. Adverse decision affirmed.


Foreign Preference; Foreign Influence

08/28/2003

When the Applicant became a U.S. citizen in 2001, he lost his Chinese citizenship. Although he initially retained his Chinese passport, it has since been shredded, at the suggestion of a Defense Security Service (DSS) Agent. The Applicant's parents are citizens of China, but have resided in the U.S. for a number of years. They are medical researchers at an American University. The Applicant's father has been approved for U.S. citizenship. The Applicant's three remaining grandparents are citizens of and reside in China. They are all retired and never worked for the Chinese government. The Applicant's uncle-in-law was a deputy mayor for a Chinese city, but is no longer so employed. He works for a real estate company, and the Applicant has little contact with this distant relative. Mitigation is shown. Clearance is granted.


Foreign Preference; Foreign Influence

08/28/2003

Applicant, a dual citizen of Taiwan and the United States (US), has not exercised any right, benefit or privilege of his foreign citizenship since he acquired US citizenship in July 1992. Status as a dual citizen without active exercise of foreign citizenship does not raise security disqualifying foreign preference concerns. Foreign influence concerns presented by the Taiwanese citizenship and foreign residency of his in-laws and siblings are mitigated. Those relatives abroad are neither agents of a foreign power nor potentially vulnerable to undue foreign influence. Clearance is granted.


Personal Conduct

08/28/2003

There is an anomaly in the case file that leaves the Board unable to address the appeal arguments made by the parties. Case remanded with instructions.


Financial

08/27/2003

Mere presence of favorable evidence does not mandate a favorable security clearance decision. The Administrative Judge must weigh the evidence and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa. The Judge's adverse conclusions about Applicant's overall history of financial difficulties are sustainable. Applicant cannot be granted a security clearance on a probationary basis. Adverse decision affirmed.


Foreign Influence

08/27/2003

The Applicant's wife is a citizen of India, residing in the U.S. She is a medical doctor, and has been accepted for a residency position with a prestigious American clinic. His father, mother, sister, mother-in-law, and two sister-in-laws are citizens of and reside in India. His 78 year old father retired from the Indian Army more than 25 years ago. His 64 year old mother is a housewife, as is his sister. His mother-in-law retired from a quasi government position five years ago. One of his sisters-in-law is a teacher in a private school, the other is a self-employed medical doctor. There is no evidence that any of the Applicant's family has any connection with a foreign government or is in a position to be exploited by any government. Mitigation is shown. Clearance is granted.


Foreign Influence

08/27/2003

Applicant mitigated foreign influence security concerns raised because his father is a citizen and resident of India and he had an interest in two of his father's bank accounts. Clearance is granted.


Criminal Conduct

08/27/2003

Applicant convicted of breaking and entering a vehicle in 1990 and who was sentenced to one to five years of imprisonment (suspended) is precluded from holding a security clearance under the Smith Amendment's (10 U.S.C. Sec. 986) mandatory bar. Consideration of a waiver exception is recommended in this case. Clearance is denied.


Financial; Personal Conduct

08/27/2003

From 1997-2002, Applicant purposefully decided to pay for his daughter's college education rather than pay his city wage taxes. Although he has made efforts to resolve this debt since receiving the SOR, he still has not completed paying these taxes and admits he would probably do the same thing again if a family emergency arose. Applicant failed to demonstrate it is clearly consistent with the national interest to grant him a clearance. Clearance is denied.


Criminal Conduct

08/26/2003

Applicant with four misdemeanor convictions over a three-year period while he was in college mitigates risks associated with misbehavior by avoidance of any further incidents in over a year and a half, solid academic achievements, and increased maturity reflected in his work and personal life. Clearance is granted.


Drugs; Personal Conduct

08/26/2003

Applicant is a 37-year-old mechanical engineer who works for a defense contractor. Applicant used marijuana until 2000. He also used cocaine between 1990 and 1993 while he was married. Since his divorce in 1993 he has not used any drug except marijuana. Any other drug use was mitigated sufficiently to resolve concerns about Applicant's eligibility for a security clearance. Applicant did not deliberately falsify his security clearance application regarding his alleged illegal drug use. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

08/26/2003

In view of Applicant's falsifications of his drug use, coupled with the underlying 23-year-history of drug use, Applicant's evidence in rehabilitation and reform is insufficient to establish his ultimate burden of persuasion under drug involvement, personal conduct, and criminal conduct. Clearance is denied.


Criminal Conduct

08/26/2003

Under the pertinent Operating Instruction, the Board is not authorized to review an Administrative Judge's recommendation concerning a waiver under 10 U.S.C. 986, and 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 waiver 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 Board does not recommend consideration of this case for a waiver under 10 U.S.C. 986.


Financial; Criminal Conduct; Personal Conduct

08/26/2003

A 29-year-old Applicant, employed by a defense contractor as a key data operator, has failed to mitigate five of 10 delinquent debts established by the record. Her arrest for assault and battery of her husband is mitigated as an act of self-defense, as well as an isolated incident of criminal conduct. However, Applicant's failure to report the arrest appears to have been intentional and has not been mitigated. Clearance is denied.


Personal Conduct; Sexual Behavior

08/26/2003

Applicant, 46, failed to disclose his conviction for sexual lewd and lascivious acts on his security clearance application. The conviction for sexual conduct in a public location and the subsequent falsification raises serious questions concerning Applicant's qualifications for a security clearance. His actions failed to demonstrate the high degree of judgment, reliability, and trustworthiness required of persons handling classified information. Clearance is denied.


Financial

08/25/2003

Although Applicant's financial difficulties were not due to circumstances entirely beyond her control, they were inextricably connected to her bi-polar disorder and her alcohol dependence--itself a consequence of attempting to self-medicate her disorder. While a loan from a friend (essentially a consolidation loan) permitted her to resolve the last of her past due debts just before the hearing, Applicant has mitigated her financial difficulties because both her recovery from alcohol dependence and her treatment for bi-polar disorder have included a focus on improving her financial standing, and she has put into place networks of medical professionals, family, and AA contacts to help maintain her sobriety and financial responsibility. Clearance granted.


Foreign Preference; Foreign Influence

08/25/2003

Applicant mitigated security concerns over foreign preference because of his dual citizenship: he never used his foreign passport after he became a naturalized United States (US) citizen in October1999. He voluntarily chose to comply with the Department of Defense (DoD) policy requirements when he learned of them: he relinquished his Taiwanese passport and renounced his foreign citizenship in May 2003. Although his wife was also a dual citizen, she too relinquished her passport and renounced her foreign citizenship. His parents were citizens of Taiwan, but they have no ties to the government as they now live in the US. His father became a US citizen in July 2002 and his mother's US citizenship paperwork is complete. Applicant has also mitigated the allegations of foreign influence. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

08/25/2003

By his continuing inability or refusal to pay his debts and his income taxes and his deliberate omissions from his security clearance application, Applicant failed to demonstrate it is in the national interest to grant or continue his security clearance. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

08/25/2003

Fifty-one-year-old Applicant's lengthy period of marijuana abuse while he held a security clearance; his positive random urinalysis for marijuana in March 1998; his false responses on his Security Clearance Application in July 1998; and his many admissions, denials, and contradictions during interviews conducted in September 1998, October 1998, and December 1998, as well as during the hearing in May 2003, continue to raise grave questions and doubts as to Applicant's security eligibility and suitability, and Applicant has failed to mitigate those doubts. Clearance is denied.


Personal Conduct, Criminal Conduct, Sexual Behavior

08/21/2003

Applicant's 1997 criminal, personal and sexual misconduct remain of security concern as he "knowingly entered upon the property of a neighbor for a lewd purpose" and deliberately looked into the teenage daughter's bedroom window. While he is remorseful for this conduct and has not subsequently been arrested, he has not provided sufficient evidence of his rehabilitation as he has never sought therapy to deal with the underlying causes. The allegation of falsification of an August 2001 Defense Security Service (DSS) statement is mitigated as he otherwise disclosed details of his arrest at the time of the incident to his supervisor, provided details of his conduct to the local police, and cooperated in a subsequent DSS interview. Further, he has a reputation for honesty at his work place. Clearance is denied.


Foreign Influence

08/21/2003

In July 1999, Applicant married a native citizen of the Philippines. While his spouse became a United States citizen by naturalization in March 2003, her parents and siblings are resident citizens of the Philippines. Her father has had political difficulties in the past and is currently facing embezzlement-related criminal charges from when he served as an elected official in his local district in the Philippines. Applicant's spouse is close to her family and sends her brothers money on request. Applicant does not share the same closeness with his in-laws, but there exists an unacceptable risk of foreign influence through his spouse. Clearance is denied.


Foreign Influence

08/20/2003

Applicant is a 43 year-old naturalized United States citizen, born in the People's Republic of China. Applicant's father, brother and in-laws reside in the People's Republic of China. The evidence establishes that Applicant has extremely limited and infrequent contacts with his family, none of whom are involved with the Chinese government. He is not vulnerable to foreign influence because of his strong attachment to the United States and because his family is not in a position to be exploited in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. By mitigating these foreign influence security concerns, Applicant demonstrated it is clearly consistent with the national interest to grant or continue his security clearance. Clearance is granted.


Foreign Influence

08/20/2003

Applicant's foreign contacts consist of two brothers and three sisters who are citizens of and reside in Taiwan, they do not pose a security risk. Mitigation has been shown. Clearance is granted.


Foreign Influence

08/20/2003

Applicant's foreign contacts, specifically his girlfriend, half-sister, aunt and cousins who are citizens of and reside in Mexico, and his real property inheritance of about $150,000 pose a security risk. Clearance is denied.


Alcohol; Personal Conduct

08/20/2003

The Applicant's past history of alcohol abuse that included an arrest in 1989 for DWI, and an alcohol assessment in 1990-1991 with a poor prognosis has been mitigated. No alcohol related incidents have occurred over the past thirteen years. His deliberate attempt to falsify his security clearance application dated February 17, 1999, by failing to include his alcohol related arrest in 1989 has not been mitigated. Clearance is denied.


Alcohol

08/20/2003

Applicant, a 35-year-old employee of a defense contractor, has failed to mitigate alcohol-related incidents away from work, including two offenses for Driving While Intoxicated (DWI) and another for Destruction of Property. Despite his treatment for alcohol abuse in 1988-1989 and again in 2000-2001, at which time he was evaluated as an episodic problem drinker and it was recommended that he abstain from alcohol, Applicant refuses to acknowledge that he has a drinking problem and admits that he continues to consume alcohol. Clearance is denied.


Foreign Influence

08/19/2003

Applicant has several immediate family members who are citizens of and reside in India, but they are not in a position to be exploited by India in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Applicant has some financial interest in India, but his strong attachment to the United States makes it unlikely that he would respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

08/19/2003

Applicant waived his right to a hearing. Board does not have jurisdiction over security clearance cases adjudicated under DoD Directive 5200.2-R. Applicants have the right to receive a reasonable opportunity to respond to the evidence presented against them and to present evidence on their behalf for consideration in their case. That right can be waived or lost by failure to take reasonable, timely steps to exercise it. However, the waiver or loss of that important right should not be assumed or lightly inferred. Given the state of the case file, the Board is unable to conclude whether Applicant's right to respond to the File of Relevant Material (FORM) was violated or waived, or whether the Judge's conclusion that Applicant did not submit a response to the FORM within the set time period was based on legal error, was based an abuse of discretion, or was legally sustainable. Adverse decision remanded with instructions.


Foreign Influence

08/19/2003

Applicant mitigated security concerns over foreign influence. While his parents and siblings are citizens of and live in Jordan, they have no ties to the government which is an ally of the United States (U.S.). His parents have been granted permanent resident status in the U.S. in January 2000, but remain part of the time in Jordan as the minor daughters' permanent resident status is still pending. I conclude that it is unlikely that he is in a position to be pressured. Further, there is no evidence that Applicant would succumb to foreign influence if his family should be subject to duress. His reference attests to his good character and professionalism at work. Given his history of responsible conduct in the U.S., I think it unlikely that foreign pressure on his family could create a situation that could result in the compromise of classified information. Clearance is granted.


Criminal Conduct; Personal Conduct

08/19/2003

Considering the record evidence, the Administrative Judge had an adequate basis for concluding that Applicant's felony conviction was not mitigated. Under pertinent Operating Instruction, Board does not review Judge's recommendation concerning a waiver under 10 U.S.C. 986 and cannot give reasons or an explanation for its own recommendation concerning such a waiver. Adverse decision affirmed. The Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986.


Financial; Personal Conduct

08/19/2003

Applicant's financial problems raise security concerns because of his delay in resolving debts, including over $4,500 owed to the Internal Revenue Service (IRS) for unpaid personal income taxes for 1997, 1998, and 1999 as well as a $1,072 state tax lien. He effectively disputed a $7,850 debt for child support. Even though he has sufficient reserves to resolve these debts, he has not provided evidence he has done so. Also, personal conduct concerns remain over his failure to list his IRS personal tax debts on his 1999 security questionnaire or to voluntarily disclose these financial issues in his Defense Security Service (DSS) interviews. However, those personal conduct concerns over his failure to list the state lien are mitigated as it was not filed until March 2000. Clearance is denied.


Foreign Preference Foreign Influence

08/18/2003

Applicant is a 61-year-old President/CEO of his company. He retains U.K. citizenship based on his birth there. He came to the U.S. in 1980 and became a U.S. citizen in 1990. He possesses a U.K. passport, renewed in 1998, six years after obtaining a U.S. passport. He has used the U.K. passport, for his convenience, in preference to the U.S. passport, in entering the U.K. and France. Although aware of DoD policy prohibiting the granting of a security clearance to anyone still in possession of a foreign passport, he has not surrendered his. His financial interests are minimal compared to his assets in the U.S. He makes a strong case that he would not be influenced by his brothers in the U.K. to act improperly as to classified information. Mitigation was shown as to Guideline B, but not as to Guideline C. Clearance is denied.


Foreign Preference; Foreign Influence

08/18/2003

The Applicant has renounced his Canadian citizenship. He has a Canadian old age pension plan worth about $24,000, and a Canadian bank account worth only about $1,200. These Canadian financial interests are not significant when compared to his net worth in the U.S. of more than $345,000. His wife and two minor children are Canadian citizens, but live with the Applicant in the U.S. His wife is a homemaker, and his 11 and 13 year old sons are members of the Boy Scouts of America. The Applicant is a Scout Master. His 70 year old Canadian mother is also a homemaker. The Applicant has three siblings. One is a dual national living and working in the U.S. The other two are dual nationals living in Canada, one is an aerobics instructor, and the other is a grocery clerk. He has little contact with his step-siblings. Mitigation is shown. Clearance is granted.


Financial; Alcohol; Criminal Conduct

08/18/2003

Applicant's criminal conduct would have been mitigated if not for 10 U.S.C. 986. Clearance is denied, but waiver recommended.


Financial; Personal Conduct

08/15/2003

Applicant with history of indebtedness due to extenuating work loss fails to demonstrate sufficient repayment efforts after returning to work to absolve of him of financial vulnerability risks and judgment concerns, sufficient to satisfy clearance eligibility requirements. Clearance is denied.


Criminal Conduct

08/14/2003

Under the pertinent Operating Instruction, Board does not review an Administrative Judge's recommendation whether or not a waiver under 10 U.S.C. 986 should be considered. 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 under 10 U.S.C. 986(d) should be considered. Under the pertinent Operating Instruction, the Board is not authorized to give reasons or an explanation for its decision to recommend or not recommend that a waiver under 10 U.S.C. 986 be considered. Adverse decision affirmed. Board does not recommend further consideration of this case for a waiver under 10 U.S.C. 986.


Financial

08/14/2003

Board cannot consider new evidence on appeal. Because Applicant has not made any specific claim of factual error below, there is no basis for the Board to conclude the Administrative Judge's findings about Applicant's history of financial difficulties are erroneous. The Judge's unchallenged findings of fact provide a rational basis for the Judge's adverse conclusions under Guideline F. The Judge articulated a rational basis for why he concluded Applicant's current financial conduct raises security concerns in light of Applicant's past history of financial difficulties. Adverse decision affirmed.


Financial

08/14/2003

Delinquent liability for Federal income taxes of a 42-year-old Applicant, employed by a defense contractor as a test engineer, has been mitigated. She paid off her remaining tax liability, including penalty and interest, on her individual return for tax year 1998. Applicant tried to resolve her liability for joint Federal income tax returns filed with her ex-husband for tax years 1995, 1996, and 1997, by filing requests for innocent spouse relief. Even though they were denied by IRS, the additional tax liability for those years is attributable to her ex-husband, who suffers from a bipolar disorder. However, the remaining tax liability has been resolved, because the Internal Revenue Service accepted her ex-husband's offer in compromise and he made the required payment. Clearance is granted.


Criminal Conduct

08/13/2003

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 asked to makes its own recommendation concerning a waiver under 10 U.S.C. 986, but directed to not give reasons or an explanation for its recommendation. Adverse decision affirmed. Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986(d).


Personal Conduct; Foreign Influence

08/13/2003

In view of the recency of applicant's falsification of material facts on his Security Clearance Application, it is not clearly consistent with the national interest to grant him access to classified information at the present time. Clearance is denied.


Drugs

08/12/2003

The Applicant used marijuana on a daily basis from 1972~1978. In 1979, he started to use both LSD and hallucinogenic mushrooms. He used these drugs, 3~4 times each, until their last usage in 1984. He was subsequently granted a security clearance in 1986. In 1979, the Applicant also started to use cocaine. He used cocaine on a nearly monthly basis until his last usage in 1991. After 1979, the Applicant also continued to use marijuana on a less frequent basis. From 1994 until his last usage in April of 2001, the Applicant used marijuana on an annual basis. His last drug abuse was more than two years ago, and he intends no future abuse. Mitigation is shown. Clearance is granted.


Foreign Preference; Foreign Influence

08/12/2003

Applicant, a dual citizen of Morocco and the United States (US) since his US naturalization in August 2000, has mitigated the foreign preference concerns presented by his dual citizenship. In May 2001 he surrendered his Moroccan passport, and in February 2003 he commenced the process to renounce his foreign citizenship. The foreign citizenship and in some cases, foreign residency, of close family members presents little risk of undue foreign influence. None are agents of a foreign power or in a position where they are likely to be exploited. Clearance is granted.


Foreign Preference; Foreign Influence

08/12/2003

The fact that Applicant has held a security clearance does not give him any vested right in retaining a security clearance. The federal government does not have to wait until a person commits a security violation before it can deny or revoke access to classified information. Whether Applicant is able to contribute to the national security is not relevant or material to assessing his security eligibility. The ASDC3I memorandum concerning foreign passports is legally binding on the Administrative Judge and the Board. Neither the Judge nor the Board can ignore, disregard or fail to apply the ASDC3I memorandum in cases where it is applicable. Neither the Judge nor the Board can review or pass judgment on the wisdom or desirability of the ASDC3I memorandum. Applicant's possession of a Greek passport falls within the scope of the ASDC3I memorandum. Adverse decision affirmed.


Personal Conduct

08/12/2003

Applicant provided inaccurate employment information on a resume and employment application in June 2000. She subsequently corrected that information during a job interview with her current employer and on her application for clearance. Her falsification was not deliberate, not recent, and the information has subsequently been corrected. Further, there is insufficient evidence to conclude she deliberately made false representations in her written statement to a government investigator about her resume and application. Clearance is granted.


Foreign Influence

08/11/2003

Forty-year-old Applicant has six siblings who are residents and citizens of Vietnam. Applicant, his mother, and brother, all naturalized U.S. citizens, are working to bring the six siblings to the U.S. to live. Applicant failed to overcome the foreign influence security concerns. Clearance is denied.


Drugs; Personal Conduct

08/11/2003

Under the circumstances, I believe Applicant warrants another chance to demonstrate her security suitability based on her reputation of honesty on the job, as well as in her personal life, and the other behavioral changes she has made to sustain her drug freedom. Having reviewed all the evidence from a commonsense viewpoint, I find Applicant's single falsification in May 2001 is mitigated under the whole person concept. Clearance is granted.


Information Technology

08/11/2003

The Applicant's employment was terminated in March of 1998, as he misused his employer's computer equipment by viewing a pornographic web site. Soon after his termination, however, the Applicant was hired by the same employer as a sub-contractor. This incident occurred more then five years ago; and as such, it is not recent. Furthermore, he has held a security clearance for nearly 50 years, and in that context his misuse of information technology is clearly isolated. Mitigation is shown. Clearance is granted.


Foreign Influence; Personal Conduct

08/11/2003

Applicant is a 57-year-old Senior Engineer for a major defense contractor. He was born in the Philippines in 1946 and came to the U.S. after graduating from college in 1967. He has worked in the defense sector, and held a DoD security clearance, for many years, without any problems. He has family members who are citizens of and reside in the Philippines. He rarely sees them and his closest contact is with his elderly mother by telephone. His property holdings in the Philippines are small in relation to his assets in the U.S. He credibly expressed his dedication to U.S. interests over that of any other country. Mitigation has been established. Clearance is granted.


Criminal Conduct

08/11/2003

Arrested for Driving While Intoxicated (DWI) in May 1983, Applicant pleaded guilty and was given two years probation. In November 1983 after another DWI subsequent arrest where he pleaded guilty, his probation was revoked; he was sentenced to18 months in jail with work release for each DWI offense. While clear evidence of successful rehabilitation and the absence of any subsequent criminal conduct over the past 20 years might otherwise mitigate security concerns over his actions, 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 his rehabilitation and the length of time since his conviction. A waiver is recommended.


Financial; Personal Conduct

08/08/2003

The Applicant submitted compelling evidence showing that he has successfully resolved three of his debts and has made a good faith attempt over several years to resolve the fourth. While his Personnel Security Questionnaire did not contain information on all of his past due debts, there was no intent to falsify the questionnaire. Adverse inference is overcome. Clearance is granted.


Drugs; Personal Conduct

08/07/2003

The Directive mandates that an applicant shall be notified at least 15 days in advance of the time and place of a hearing. The Judge notified Applicant of a hearing 10 days in advance and there is no indication in the record why the Judge gave Applicant less than 15 days notice. Although there can be circumstances in which it is appropriate to hold a hearing with less than 15 days notice, the Board need not decide in this case what such circumstances may be. There is no basis in the record in this case for the Judge to hold the hearing with less than 15 days notice. Case remanded with instructions to hold a new hearing after giving Applicant at least 15 days notice.


Foreign Influence

08/07/2003

Applicant is a 43-year-old technician. He was born in Vietnam in 1960. His family was persecuted by the Communist government after 1973, and he fled by boat in 1979. He arrived in the U.S. in 1980, and became a U.S. citizen in 1986. He calls his elderly mother three of four time a year, but does not have close contact with his family members still in Vietnam, or those who have emigrated. He has credibly expressed strong positive feelings for the U.S. and his intent to reject any efforts to persuade him to violate U.S. security interests. He also expressed an intent to report any such contacts to company security officials. Mitigation has been shown. Clearance is granted.


Criminal Conduct; Personal Conduct

08/07/2003

Administrative Judge properly concluded Applicant's 1995 convictions fall under 10 U.S.C. 986. Application of general factors under Directive, Section 6.4 would not take Applicant's case outside the scope of 10 U.S.C. 986. Adverse decision affirmed. Board does not recommend consideration of this case for a waiver of 10 U.S.C. 986.


Alcohol; Personal Conduct

08/07/2003

The Government failed to establish that Applicant, a 48-year-old system administrator employed by a defense contractor, engaged in alcohol consumption at luncheons during the workday and at bars that constituted a disqualifying condition under Guideline G. However, the Government did establish disqualifying conditions under Guideline E with evidence that he had been arrested for telephone harassment and had received a letter of reprimand from his employer for using abusive and derogatory language to other employees. Moreover, the evidence of record establishes that Applicant deliberately failed to disclose this information on his security clearance application and during an interview with a Defense Security Service special agent. Clearance is denied.


Financial

08/07/2003

Applicant owed $17,000.00 to seven creditors, but has paid $8,400.00 to his creditors, leaving a balance owed of $8,700.00. He has made an arrangement to pay the largest of the three remaining debts, which totals $8,300.00. He has begun to pay down the other two debts totaling $400.00 and intends to pay in full. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from a debt of such magnitude. Clearance is granted.


Financial

08/07/2003

Applicant has had a history of financial difficulties, including a bankruptcy. A significant cause of Applicant's past financial difficulties was her former marriage to her ex-husband, who did not pay the family bills. Applicant did not discover the extant of her past financial difficulties until after her divorce. Most of her past overdue debts have now been paid, and she is working to resolve the rest. Appellant has consulted with a financial advisor and has a more stable and mature outlook about her finances. Mitigation has been established. Clearance is granted.


Foreign Preference; Foreign Influence

08/06/2003

Applicant is a 23-year-old defense contractor employee. She became a United States citizen and used her native country's passport twice after becoming a citizen and obtaining a United States passport. She used her foreign passport for her own convenience, which indication of a foreign preference is not overcome by any mitigating factors. Applicant has not surrendered her foreign passport, and has made inconsistent statements about her intentions to surrender, and also about her dual citizenship. This record evidence raises grave questions and doubts as to Applicant's eligibility and suitability. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

08/06/2003

Twenty-five-year-old software engineer used his passport from the People's Republic of China on two occasions after he became a U.S. citizen and acquired a U.S. passport. Applicant deliberately falsified his security clearance application by claiming that, in the previous seven years, he had not had an active foreign passport. Clearance is denied.


Foreign Influence; Foreign Preference

08/06/2003

Applicant's evidence in mitigation has failed to overcome the foreign influence issues triggered by his immediate family members being resident citizens of Iran. However, the Government has failed to demonstrate how Applicant's refusal to bear arms for the United States (US) against Iran falls within any of the disqualifying conditions of foreign preference guideline. Clearance is denied.


Financial

08/05/2003

Thirty-one-year-old Applicant's relatively brief history of outstanding financial indebtedness, in the approximate amount of $3,341.00, due primarily to his neglect and laziness, has been mitigated by his previous and more recent efforts to fully satisfy all such debts either before the issuance of the Statement of Reasons or before the hearing, as well as his new attentiveness to his finances. The questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

08/05/2003

Board cannot consider new evidence on appeal. The Administrative Judge's findings about Applicant's marijuana use and falsification of a security clearance application are sustainable. Adverse decision affirmed.


Criminal Conduct; Alcohol; Drugs; Financial; Personal Conduct

08/05/2003

This 43-year-old manufacturing specialist was arrested four times between 1989 and 2000, three times for alcohol-related offenses. He used and purchased cocaine between 1994 and 1998. He owes a past due debt of about $36,000.00 for child support. He knowingly falsified answers to four questions on his April 4, 2000 security clearance application. No mitigation has been shown. Clearance is denied.


Criminal Conduct; Alcohol; Financial; Personal Conduct

08/05/2003

Government is not precluded from considering the negative security implications of an applicant's overall history of financial difficulties merely because the applicant exercises the right to seek a discharge of debts in bankruptcy. Administrative Judge's findings of fact must be based on more than a scintilla of evidence, but can be based on less than the preponderance of the evidence. Adverse decision affirmed.


Foreign Influence

08/04/2003

Applicant, a naturalized citizen born in China (PRC) who is a software engineer with a Defense Department contractor. Questions were raised regarding foreign influence. The first three allegations have been mitigated by death of Applicant's father leaving only contacts with two Germans, a relative living in Ireland who is a citizen of the PRC and Singapore, and an engineer living in and a citizen of Singapore. Contacts with all four are casual and infrequent. Clearance is granted.


Financial; Personal Conduct

08/04/2003

As a result of an earthquake in 1994, and a long and contentious divorce, 1997~1999, the Applicant experienced financial difficulties. Although he used 1995 monies to repair his damaged house, the IRS disallowed this write off on his 1995 income tax return. As a result of his divorce, he under withheld for his 1999 and 2000 income tax returns. He thus owes about $40,500 to the IRS. He has engaged the services of a tax advisor, and is paying $1,000 each month towards this tax debt. He disputes the $725 debt to a health care provider. His past financial difficulties also resulted in a 1996 bankruptcy and a 1998 foreclosure. He did not list the tax delinquencies on his Security Clearance Application (SCA), as he had already reached an agreement with the IRS as to a payment plan; and as such, he thought he was no longer delinquent. Clearance is granted.


Alcohol; Personal Conduct

08/01/2003

Applicant's continued alcohol consumption (frequently to the point of intoxication), after being diagnosed as alcohol dependent in 1991 and told to abstain from alcohol, and after suffering two DUIs, two divorces, two clearance hearings, and a foreshortened military career, casts serious doubt on his judgment, reliability, and trustworthiness and suggests that he is at great risk to return to even higher levels of consumption. Clearance denied.


Criminal Conduct; Personal Conduct; Financial

08/01/2003

The absence of a criminal conviction does not preclude Department Counsel from presenting evidence that an applicant engaged in criminal conduct. The fact that criminal charges against an applicant were dropped or dismissed does not preclude an Administrative Judge from finding an applicant engaged in the conduct underlying the criminal charges. Whatever effect an expungement of a criminal record might have under state law, such an effect is not binding on the federal government in investigating or adjudicating an applicant's security eligibility. A Judge's findings of fact must be based on more than a scintilla of evidence, but can be based on less than the preponderance of the evidence. Nothing in Guideline F indicates that there must be any particular threshold amount of delinquent or otherwise unresolved debts that must be reached before an applicant's financial difficulties raise security concerns. Adverse decision affirmed.


Foreign Preference; Foreign Influence

08/01/2003

Applicant was a dual Turkish-U.S. citizen, whose parents are Turkish citizens living in Turkey. His wife is a dual Turkish and naturalized U.S. citizen. In the mid 1980's the Applicant completed compulsory, Turkish military service and voted in a foreign election. He once held and used a Turkish passport, now expired and surrendered. The Applicant has renounced his Turkish citizenship. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his relative's citizenship and his actions of the mid 1980's. Clearance is granted.


Financial

08/01/2003

Applicant owes a judgment of approximately $68,000.00. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from a debt of such magnitude. Clearance is denied.


Foreign Influence

07/31/2003

Applicant fled Vietnam as a teenager, and immigrated to the United States. She became a naturalized United States citizen, and obtained a college degree. She is unmarried and 31-years-old She works for a defense contractor. She has six siblings in the United States, two of whom are citizens. Her elderly parents and three siblings remain in Vietnam. Applicant's ties to the United States are so substantial as to outweigh any possible foreign influence or pressure. Applicant established it is clearly in the national interest to grant her a security clearance. Security clearance is granted.


Financial; Personal Conduct

07/31/2003

Fifty-two-year-old Applicant's disputed indebtedness to the Government, in the approximate amount of $7,000.00, purportedly caused by his failure to fulfill a service agreement with the Government-a document which he denies ever signing, and which the Government has failed to furnish him-is unsubstantiated. His repeated, but fruitless, efforts, over a four year period, to obtain the missing document from various Government agencies, in an attempt to resolve the disputed indebtedness, are viewed as good-faith efforts to resolve that indebtedness. Applicant has mitigated the concerns by the evidence developed herein, and questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Foreign Preference; Foreign Influence

07/31/2003

In DOHA proceedings, strict rules of evidence are not applied, and technical rules of evidence may be relaxed to permit the development of a full and complete record. There is no general bar to the admissibility of hearsay evidence in DOHA proceedings. Evidence need not be conclusive or even strong to be relevant. The Administrative Judge's findings of fact must be based on more than a scintilla of evidence, but can be based on less than a preponderance of the evidence. Several of the Judge's findings of fact are not sustainable. Nothing in the Directive limits Guideline B just to countries that are hostile to the United States. Adverse decision remanded with instructions to issue a new decision after correction of identified errors.


Foreign Preference; Foreign Influence

07/31/2003

Applicant, a citizen of the United States (US) and Syria since his US naturalization in October 2000, has mitigated the foreign preference concerns presented by his dual citizenship. In April 2003, he applied to renounce his foreign citizenship; he gave his foreign passport, expired since May 2000, to his employer's security department. There is little risk of foreign influence, as his sole surviving parent, his father, acquired US citizenship and moved permanently to the US in 2002. He has amicable relations with his cousins and two friends in Syria, but he is willing to cease all contact with these foreign nationals if required. Clearance is granted.


Criminal Conduct

07/31/2003

In 1974, Applicant received deferred prosecution for child molestation. In 1993, Applicant was found guilty of misdemeanor child abuse and sentenced to two years confinement. Because both incidents of misconduct are remote in time, the criminal activity is revolved in favor of Applicant. However, 10 U.S.C. 986 prohibits the granting of a security clearance absent a waiver by the Secretary of Defense. Therefore, the Applicant's security clearance is denied. I do not recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Criminal Conduct; Drugs; Alcohol; Personal Conduct

07/31/2003

Applicant, a 51-year-old machinist employed by a defense contractor, has failed to mitigate disqualifying conditions under four Guidelines. His criminal conduct includes: a 1999 conviction for Malicious Wounding, his sentence for which is subject to 10 U.S.C. 986; a 1976 charge for Possession of Marijuana; and two Driving Under the Influence of Alcohol convictions in 1990 and 2000. In addition to further instances of drug involvement and alcohol consumption, Applicant failed to mitigate false or incomplete answers to five questions on a 1998 security clearance application. Clearance is denied.


Financial; Personal Conduct

07/31/2003

The legal availability of bankruptcy does not preclude the federal government from considering the negative security implications of an applicant's history of recurring financial difficulties. Applicant's ability to argue for a different interpretation of the record evidence than that adopted by the Administrative Judge is not sufficient to establish that the Judge weighed the record evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

07/30/2003

While Applicant admits he failed to reveal a 1990 arrest for rape and a 1994 criminal charge of battery in completing an October 2001 security clearance application, his defense that he did not intend to falsify by these omissions is believable in light of his subsequent disclosures and the flaws in the government's claims and in the record. The government provided no support for the 1990 rape charge where he maintained he was wrongfully arrested and the charges were ultimately dismissed. The Federal Bureau of Investigation (FBI) report lists a 1994 battery charge, but contains no record of conviction. His criminal conduct can be mitigated as these 1990 and 1994 incident were dated and isolated as there is no evidence that he has subsequently been implicated in any other criminal activity. His work record demonstrates he is clearly rehabilitated. Clearance is granted.


Foreign Preference; Foreign Influence

07/30/2003

Applicant, a 26-year-old avionics engineer, has a grandmother, aunts, and uncles who are citizens and residents of the People's Republic of China. All members of his immediate family are naturalized U.S. citizens residing in the U.S. The Government failed to establish that Applicant has "close" ties of affection or obligation to any of his associates in the PRC. Even if it had, Applicant demonstrated that these associates do not make him vulnerable to coercion or exploitation. Clearance is granted.


Personal Conduct; Criminal Conduct

07/30/2003

Applicant failed to include previous employment and failed to indicate he had left a job after being accused of sexual harassment, when he completed a security clearance application. His false answers are felonious conduct and, because of this serious misconduct, there should be compelling reasons before a clearance is granted or continued. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from this conduct. Clearance is denied.


Sexual Behavior; Personal Conduct

07/30/2003

Considering the evidence as a whole, Applicant violated the criminal law by engaging in sex with as minor male in July 1986. Given Applicant's forthright disclosures in August 2002 and at the hearing, his behavior almost 17 years ago no longer serves as a basis for coercion, exploitation, or duress. Clearance is granted.


Criminal Conduct

07/29/2003

In 1996, Applicant was found guilty of two felony counts of possession of marijuana with intent to distribute. He was sentenced to 10 years in prison on each count, for a total of 20 years. Applicant's prison term was suspended on the condition of good behavior for a period of 10 years on each charge, and he served nine months in prison on each charge, for a total of 18 months. Applicant was released from prison in November 1998. He is currently serving 10 years of unsupervised probation. Applicant has married, acquired an education, and is employed by a defense contractor. By operation of law, the provisions of 10 U.S.C. 986 preclude a grant of clearance, absent meritorious waiver by the Secretary of Defense. Applicant is unable to show sufficient evidence of mitigation to warrant a waiver recommendation. Clearance is denied.


Foreign Preference; Foreign Influence

07/29/2003

A Statement of Reasons (SOR) is an administrative pleading that is not measured against the strict requirements of a criminal indictment. Applicant has not shown that the wording of the SOR prejudiced her in any discernable way. The particular reasons why an applicant needs a security clearance usually are not relevant or material to an assessment of the applicant's security eligibility. Harmless factual errors do not warrant remand or reversal. By obtaining and possessing a Spanish passport, Applicant exercised the rights and privileges of Spanish citizenship. There is a rebuttable presumption that the Judge considered all the record evidence unless the Judge specifically states otherwise. Adverse decision affirmed.


Criminal Conduct; Alcohol; Personal Conduct

07/29/2003

Applicant's episodic abuse of alcohol has led to criminal incidents, including a January 2001 drunk driving offense. The risk of future alcohol abuse and related criminal conduct cannot be discounted, given he continues to drink on occasion in similar quantities to what he had consumed before his arrests. Applicant deliberately did not disclose his 1999 arrest for rape on his security clearance application or during his first subject interview. His intentional concealment raises serious personal conduct and criminal conduct concerns. Clearance is denied.


Criminal Conduct

07/29/2003

Administrative Judge properly concluded Applicant's 1979 felony conviction falls under 10 U.S.C. 986 and precludes a favorable security clearance decision. Adverse decision affirmed. Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986.


Foreign Preference; Foreign Influence

07/28/2003

The Applicant became a U.S. citizen in 1992. As a dual national with Israel, however, when traveling to Israel, he was required to use an Israeli passport. He has now surrendered this Israeli passport in compliance with the Money Memorandum, and has done everything possible to renounce his Israeli citizenship. The Applicant's Israeli brother is a bus driver. There is no evidence that his brother has any connection with any foreign government or is in a position to be exploited by any government. The Applicant also owns one-half interest in an apartment in Israel. His financial interest in the apartment is about $50,000. He plans to transfer this interest to his brother. The Applicant's net worth in the U.S. is about $1,000,000, and his annual income is about $300,000. Mitigation has been shown. Clearance is granted.


Financial; Criminal Conduct

07/28/2003

Applicant has a judgment against him for almost $20,000 that dates back to the mid1990s, and four other delinquent debts totaling about $615.00. These debts have not been satisfied or otherwise resolved. He also wrote five bad checks in 1995/1996, totaling about $440.00. Criminal charges were filed, but were dismissed after a civil compromise was reached and Applicant agreed to pay the amount owed. After the hearing, Applicant contacted an attorney about filing for bankruptcy protection, but has not yet taken any action to resolve his debts. No mitigation has been established. Clearance is denied.


Criminal Conduct

07/28/2003

Applicant, a 55-year-old truck driver employed by a defense contractor, received a felony conviction for possession of marijuana more than 34 years ago. He was sentenced to imprisonment for a term of four years and served 32 months in prison, in addition to the time he spent in jail awaiting trial. The episode is an isolated experience in his life and he has not used illegal drugs or had any further criminal history since that conviction. Moreover, he has safely and reliably hauled munitions and other hazardous materials for the Department of Defense for more than two decades. Despite the clear evidence of successful rehabilitation, 10 U.S.C. 986 prohibits the granting or continuing of a clearance, absent an appropriate Secretarial waiver. Clearance is denied. A waiver is recommended.


Foreign Preference; Foreign Influence

07/25/2003

Applicant and her husband are naturalized U.S. citizens with family members who are residents and citizens of the People's Republic of China. Applicant was unable to demonstrate that these foreign contacts did not place her in a position of vulnerability to be influenced by coercive or noncoercive means such that she would be forced to choose between loyalty to her family and loyalty to the U.S. Clearance is denied.


Foreign Preference; Foreign Influence

07/25/2003

Applicant is a Project Manager for a defense contractor. He was born in the United Kingdom (U.K.) in 1947. He graduated from college and worked there, and in another country until moving to the U.S. in 1979. He has raised his family here and has worked for the same defense contractor since 1988. After becoming a U.S. citizen in 2000 and obtaining a U.S. passport, he used his U.K. passport one more time. He has now surrendered the passport to a U.K. consulate and is willing to renounce his U.K. citizenship. He has close family ties with the U.K., but expresses a strong commitment to protect U.S. security interests. Mitigation has been shown. Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

07/25/2003

Applicant is a 30 year-old employee of a defense contractor. Security concerns are raised based on three misdemeanor convictions, five unpaid debts, and the falsification of material facts on his security clearance application. Applicant has not mitigated these concerns and serious concerns remain as to his security eligibility and suitability. Clearance denied.


Criminal Conduct

07/25/2003

Applicant, a 48-year-old crane rigger employed by a defense contractor, was convicted of possession of marijuana in 1983 and of possession of marijuana with intent to distribute in 1990. For the 1990 offense, he was sentenced to 10 years imprisonment, although it was suspended and he was placed on probation for 10 years. The last conviction occurred over 13 years ago and Applicant has not used illegal drugs or had any further criminal history since that conviction. However, he has not been completely candid concerning the facts surrounding his 1990 conviction. Because of Applicant's sentence for the 1990 offense, moreover, 10 U.S.C. 986 prohibits the granting or continuing of a clearance, absent an appropriate Secretarial waiver. Clearance is denied. Further consideration of this case for a waiver is not recommended.


Foreign Preference; Foreign Influence

07/25/2003

Applicant is the Chief Operating Officer of a defense contractor. He was born in Israel, served in the Israeli Army and rose to a significant position 20 years ago, before emigrating to the U.S., where he became a citizen in 1993. He retains his Israeli citizenship and passport, which he uses for frequent business and personal trips to Israel. He has close family ties there and he represents his company in doing significant business with the Israeli military. Applicant views himself as a citizen of both countries, but he has not shown an unequivocal preference for the U.S. Mitigation has not been shown. Clearance is denied.


Personal Conduct; Information Technology

07/25/2003

The Applicant's security clearance was revoked in May of 1988, a fact that he acknowledged by way of correspondence in July of 1988, in September of 1988, and in April of 1989. In October of 1995, however, the Applicant denied that his clearance had ever been "denied, suspended or revoked," when he executed his Personnel Security Questionnaire (PSQ). This lack of candor, coupled with the fact that he admittedly improperly copied computer software from 1990~1999 and still uses that software, brings into question the Applicant's trustworthiness. No mitigation has been shown. Clearance is denied.


Drugs; Criminal Conduct

07/24/2003

There is no presumption of error below and the appealing party must raise claims of factual or legal error with specificity. To the extent the appealing party fails to challenge an Administrative Judge's findings and conclusions, the Board need not address them. Given the Judge's unchallenged findings about Applicant's overall history of marijuana use, the Judge had a sufficient basis for expressing a doubt as to whether Applicant had a sufficient track record to demonstrate an intent to not use marijuana in the future. Given that expressed doubt, the Judge had a legally permissible basis for making an unfavorable security clearance decision. Adverse decision affirmed.


Criminal Conduct; Financial

07/24/2003

Board does not have supervisory jurisdiction or authority over actions of Department Counsel and Hearing Office Administrative Judges. However, the Board does have jurisdiction to consider claims that an applicant was denied his or her procedural rights under Executive Order 10865 or the Directive. Applicant's right to have his response to the File of Relevant Material considered was satisfied under Executive Order 10865 and the Directive. The Judge's finding that Applicant still had unsatisfied state tax liabilities in excess of $16,500 reflects a reasonable, plausible interpretation of the record evidence as a whole. Applicant's responsibility for paying state taxes does not turn on whether state authorities take legal action against him to collect such taxes. A state statute of limitations did not preclude the Judge from considering security significance of Applicant's failure to pay or otherwise resolve state taxes before statute of limitations expired. Adverse remand decision affirmed.


Financial

07/23/2003

Board cannot consider new evidence on appeal. Applicant cannot fairly challenge the Administrative Judge's decision based on evidence that was not presented to the Judge. The Judge's findings and conclusions about Applicant's history of financial difficulties are supported by substantial record evidence and are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Drugs

07/23/2003

Recency of Applicant's behavior cannot be analyzed without consideration of the temporal aspects of Applicant's behavior. Deference owed to an Administrative Judge's credibility determinations is predicated on the legal presumption that a Judge will form impressions about a witness's credibility by observing the witness's demeanor while they testify. Credibility determinations based on a written, nonhearing record are not entitled to the deference given to credibility determinations based on demeanor observations of a witness. A Judge's credibility determination may be set aside or reversed if (a) it is unreasonable, contradicts other findings, or is based on an inadequate reason, (b) it is patently without basis in the record, or (c) it is inherently improbable or discredited by undisputed fact. Record evidence does not support Judge's finding that Applicant demonstrated a credible intent not to use illegal drugs in the future. Favorable decision reversed.


Alcohol; Criminal Conduct

07/22/2003

A decision by a Hearing Office Administrative Judge is not legally binding precedent on other Hearing Office Judges or the Board. A Statement of Reasons (SOR) is an administrative pleading that is not measured against the strict requirements of a criminal indictment. The absence of an SOR allegation concerning an applicant's credibility is irrelevant to a Judge's inherent authority to assess an applicant's demeanor during testimony and make a determination as to the applicant's credibility. Alcohol abuse can have security significance even if there has been no diagnosis of alcoholism or alcohol dependence, no habitual or binge drinking, or no alcohol abuse during duty hours. An applicant's candor about his or her conduct and circumstances does not preclude a Judge from evaluating the security significance of the applicant's conduct and circumstances. Harmless errors by the Judge do not warrant remand or reversal. Adverse decision affirmed.


Foreign Preference; Foreign Influence

07/22/2003

The security concerns raised by a 40-year-old Indian-born naturalized U.S. citizen Applicant with an Indian-born naturalized U.S. citizen wife, two native-born U.S. citizen children, one brother residing in the U.S. (a citizen of India), and parents, parents-in-law, and two other siblings (all citizens and residents of India), with whom he retains a close relationship, none of whom are agents of that foreign government or in a position to be exploited by that government; and, until recently, his continued possession of his Indian passport (but now surrendered to the Indian government), have been mitigated by the evidence developed herein. Clearance is granted.


Alcohol

07/22/2003

From 1979 to 1995, there is uncontroverted evidence Applicant consumed alcohol at excessive levels and was involved in three alcohol-related incidents. While Applicant claims he has reduced his drinking since 1996, the only evidence to support his claim is he drinks more at hom and less at other locations. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

07/22/2003

Applicant's episodic alcohol abuse led to three drunk driving offenses, including a September 1998 driving under the influence. He has mitigated the alcohol consumption concerns by maintaining abstinence since January 2001. Personal conduct and criminal conduct concerns persist, as Applicant repeatedly violated a state law prohibiting the unlicensed resale of tickets to sporting and entertainment events, including in September 1999 after he completed his security clearance application, and he has not been candid with the Government about his criminal record. Applicant did not disclose on his security clearance application his 1972 and 1994 drunk driving offenses or his April 1999 unlicensed resale of tickets. He falsified his initial subject interview by claiming no criminal offenses beyond the 1994 and 1998 drunk driving, and did not reveal the full extent of his unlicensed resale of tickets during a March 2000 interview. Clearance is denied.


Personal Conduct; Alcohol

07/21/2003

Applicant admits to a pattern of drinking heavily on weekends over a period of many years. He denies problems with drinking, even though he reports that his supervisor advised him that his consumption of alcohol was affecting his dependability as he sometimes reported late for work after weekend drinking. Applicant was arrested for driving under the influence of alcohol in February 1991 and November 2000. In October 1998 he was arrested for public drunkenness. Applicant did not disclose his 1991 arrest on his Security Clearance Application. Applicant's 1998 and 2000 arrests occurred while he held a security clearance. While Applicant admits he drinks too much, he denies he has an alcohol problem and he declines to adjust his drinking. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

07/18/2003

Indebted to several creditors, Applicant owes about $53,000.00 in total. He is seeking a Chapter 7 discharge in bankruptcy of $50,650.97 in unsecured debt, which had not been granted as of April 2003. Some of the debt is attributable to lack of income, but it is too soon to safely conclude that his financial problems are safely of the past, notwithstanding a doubling of his personal income in October 2002. Applicant elected not to reveal known financial delinquencies when he completed his application for security clearance, as he feared he would not acquire his defense-related job. His financial irresponsibility and falsification of his clearance application create doubt for his security suitability. Clearance is denied.


Foreign Preference; Foreign Influence

07/18/2003

Applicant is a businesswoman who owns a company that contracts to provide services to the Department of Defense. She was born in Iran and left that country in 1977 to come to the U.S. as a student. She has eight siblings who live in Iran, Italy, Austria, and the U.S. She traveled to Iran in 1999 and twice in 2000 for services for her deceased parents using an Iranian passport. Although she has substantial investment in the U.S. and regards the U.S. as her permanent home, the number of relatives who are citizens of and reside in Iran places Applicant in a position of vulnerability to influence. Clearance is denied.


Criminal Conduct; Financial

07/18/2003

A 44-year-old Applicant, employed by a defense contractor as a financial manager, mitigated her failure to file Federal and state income tax returns for three years. She filed all the delinquent returns specified in the Statement of Reasons, as well as those for an additional year for which she had not filed, and did not owe taxes on any of them. She further demonstrated her professed rehabilitation by filing early returns for the most current tax year. To the extent that delinquent debts were not rebutted or shown to have been previously paid, Applicant mitigated them by paying them off and demonstrating that her finances are in order. Clearance is granted.


Foreign Influence; Foreign Preference; Financial

07/18/2003

Applicant was born in Italy, and became a naturalized U.S. citizen in 1990. In 1997, he reacquired Italian citizenship for himself and his children. He has few U.S. interests or contacts, and maintains close contact with his parents and brothers who still live in Italy, and he still holds his Italian citizenship. He has also experienced significant financial problems through a failed business and a failed marriage, but has provided insufficient evidence in mitigation to show his problems have been resolved. Clearance is denied.


Personal Conduct; Criminal Conduct; Information Technology

07/18/2003

Applicant and his wife have been unable to conceive a child of their own. His wife's only pregnancy resulted in miscarriage after seven months. The resulting psychological effects led Applicant to turn to pornography as an escape. In 1994, he misused his work computer to download and store pornography. Unbeknownst to him, a small percentage of the files he acquired in a large batch download included child pornography. Prosecution was declined due to lack of intent to possess child pornography in violation of federal laws. Applicant resigned in lieu of being fired, a fact he intentionally omitted from his EPSQ. However, the concerns raised by his personal conduct, criminal conduct, and misuse of technology are mitigated through the isolation, lack of recency, and by significant rehabilitation. Clearance is granted.


Foreign Influence

07/18/2003

Applicant is a 46-year-old defense contractor employee who seeks a security clearance for his employment. Applicant met a female Chinese national over the internet. He married her and they moved to the United States. Applicant's wife's relatives live in the Peoples Republic of China, and have employment in government positions. Applicant assumes his wife's family are members of the Communist Party. His wife is uncertain if she will become a United States citizen. Applicant also maintains email contact with five Taiwanese nationals and visited them in 1998 and 2000. Applicant's connections with his wife's family and his friendship with foreign nationals raise strong concerns regarding foreign influence which Applicant has not mitigated. Clearance denied.


Foreign Influence

07/18/2003

Applicant, aged 38, was born and raised in Sierra Leone. He became a naturalized U.S. citizen in 1997. Applicant's immediate family members are citizens of Sierra Leone, as is his fiancee, with whom he lives. Applicant's biological mother, who resides in Sierra Leone, has been driven from her home by terrorists. Applicant regularly sends money to his mother in Sierra Leone through informal courier channels. Applicant's ties and obligations to family members in Sierra Leone raise strong concerns regarding foreign influence and the compromise of classified information. Clearance is denied.


Foreign Influence

07/18/2003

The security concerns raised by a 24-year-old Afghanistan-born naturalized American Applicant with permanent resident, non-U.S. citizen, mother and sister (citizens of Afghanistan), and three non-resident, non-U.S. citizen, sisters (citizens of Afghanistan and residents of India), as well as naturalized American father, sister, and uncle, none of whom are agents of Afghanistan or India or in a position to be exploited by those governments, have been mitigated by the evidence developed herein. Clearance is granted.


Financial

07/18/2003

Applicant, an employee of a defense contractor incurred extensive debts arising in large part from a divorce after 21 years of marriage. Some debts have been paid but others were not including a $47,000.00 deficiency debt for repossession of her home. Applicant wrote the creditor only a few days before her final answer to the allegations raised by the security clearance denial to request a payment schedule. Clearance is denied.


Foreign Influence

07/18/2003

The security concerns raised by a 36-year old Vietnam-born naturalized American Applicant whose parents and siblings remain citizens and residents of Vietnam, none of whom are agents of Vietnam or in a position to be exploited by that government, and whose wife, children, and in-laws are all U.S. citizens residing in the U.S., have been mitigated by the evidence developed herein. Clearance is granted.


Personal Conduct; Drugs; Criminal Conduct

07/18/2003

Applicant, a 47-year-old secretary for a defense contractor, seeks a security clearance. Applicant has a history of drug use and criminal convictions. However, Applicant failed to disclose this information on her security clearance application. Applicant failed to mitigate the disqualifying conditions exemplified by her conduct, and did not demonstrate it was in the national interest to grant her a clearance. Clearance is denied.


Alcohol

07/18/2003

Applicant has abused alcohol for nearly 30 years, and has one alcohol-related arrest. He has engaged in habitual binge drinking, consuming for several years as much as a case of beer a day. He currently drinks an average at least four mixed drinks per sitting at least four times weekly. He has also twice undergone alcohol counseling and treatment for alcohol abuse, and was able to stop drinking after each for up to five years. However, each time he eventually resumed drinking, quickly exceeding his previous consumption levels. Applicant suspects he has a drinking problem, but does not intend to permanently stop or modify his alcohol consumption. He has failed to mitigate the security concerns under Guideline G. Clearance is denied.


Personal Conduct; Financial

07/18/2003

Applicant was found guilty of Professional Misconduct and disbarred from the practice of law by a state Supreme Court in 2000. Applicant knowingly gave false information to the Government as to his past drug abuse when he executed his August 2001 Security Clearance Application (SCA). Applicant owes debts to at least 37 creditors in an amount of more than $300,000. Applicant has taken no action to resolve this financial situation. Clearance is denied.


Foreign Influence

07/17/2003

The Applicant and his wife are naturalized American citizens. He has been in the United States for over 30 years. He has relatives who are British citizens or citizens of the Hong Kong Special Administrative Region of the People's Republic of China. All live in Hong Kong. His mother and youngest brother have Permanent Resident Alien Status with the United States. Contact with his relatives is infrequent, and he has persuasively shown that his relatives do not work for the Chinese government or the Communist Party. The Applicant has also shown that he is not subject to coercion because of his foreign connections. Adverse inference is overcome. Clearance is granted.


Financial

07/15/2003

A decision by a Hearing Office Administrative Judge is not legally binding precedent on other Hearing Office Judges or the Board. Discussion of reasons why Board declines to consider whether the Judge's decision in this case can be reconciled with earlier decisions by the Judge in other Guideline F cases. Application of Adjudicative Guidelines disqualifying and mitigating conditions does not turn simply on a finding that one or more of them applies to the particular facts of a case. Rather, the application of a disqualifying or mitigating condition requires the exercise of sound discretion in light of the record evidence as a whole. Discussion of what constitutes "good faith" under Financial Considerations Mitigating Condition 6. Applicant's honesty and candor with the government about her financial situation did not preclude the Judge from considering the security significance of Applicant's history of financial difficulties. Adverse decision affirmed.


Financial

07/14/2003

Absent a showing that Department Counsel's conduct resulted in a denial of due process or unduly affected the substance of an Administrative Judge's decision in some way, the Board need not address Applicant's complaints about Department Counsel's conduct. Applicant waived any objection to the three-hour delay before his case was heard by the Judge. Given the record evidence in this case, it was reasonable for the Judge to find that Applicant's military character references were not aware of his financial problems. Government officials and employees were not obligated to give Applicant legal advice or guidance, or tell him how to best prepare for his hearing. Applicant was on notice of his obligation to prepare for the hearing and to present evidence on his behalf. Adverse decision affirmed.


Criminal Conduct; Mental

07/14/2003

On Remand. 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 that effects her ability to safeguard classified information. Adverse inference is overcome. Clearance is granted.


Foreign Preference; Foreign Influence

07/11/2003

The fact that applicant's two siblings are citizens and residents of foreign countries (Israel and the UK) does not leave him vulnerable to coercion or pressure. In addition, applicant's conduct since arriving in the United States in 1981 indicates a clear preference for the United States. Clearance is granted.


Personal Conduct; Financial; Alcohol

07/10/2003

Applicant's unwillingness to address his long-standing debts, and his intentional falsification of material facts on his security clearance application, preclude a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Personal Conduct; Financial

07/09/2003

Applicant has had a history of financial difficulties, including a bankruptcy. A significant amount of Appellant's past financial difficulties were the result of a loan, which she cosigned and which was not paid, unbeknown to her and through no fault of her own. All of her past overdue debts have now been resolved through bankruptcy. Appellant has consulted with financial advisors and has a more stable and mature outlook about her finances. Applicant's failure to give correct and complete information to the Government was due to confusion and misinformation, not an attempt to mislead the Government. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

07/09/2003

Thirty-six-year-old employee of a defense contractor used marijuana before and after she completed her security clearance application (SCA) and failed to disclose the full extent of her marijuana use on her SCA. Applicant failed to sufficiently mitigate drug involvement, personal conduct, and criminal conduct security concerns. Clearance is denied.


Financial

07/09/2003

Board cannot consider new evidence on appeal. By failing to respond to the File of Relevant Material, Applicant waived his right to submit additional information for the Administrative Judge to consider in his case. It is irrelevant that an unfavorable security clearance decision may result in financial hardship for Applicant because the effect of an adverse security clearance decision does not change an applicant's suitability for a security clearance. There is no presumption of error below and the appealing party has the burden of raising claims of error with specificity and demonstrating factual or legal error that warrants remand or reversal. Because Applicant raised no claims of such error, the Board need not address the Judge's findings and conclusions. Adverse decision affirmed.


Alcohol; Criminal Conduct; Personal Conduct

07/09/2003

Applicant's alcohol abuse has resulted in at least three alcohol-related arrests, the last taking place in November 1999 or 2000. The Applicant has not abstained from drinking and has one failed treatment. He has been diagnosed as alcohol dependent. There is a history of three arrests for criminal conduct since 1995. Finally, the Applicant falsified a questionnaire with regards to his criminal history. Adverse inference is not overcome. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

07/08/2003

Applicant, a civilian employee of a company that does work for defense contractors has numerous convictions for alcohol related driving offenses one of which resulted in a sentence of confinement for more than a year. The sentence was suspended but it is covered by the provisions of 10 U.S.C. 986. He did not list several of the convictions on his application for a security clearance. Clearance is denied.


Personal Conduct; Criminal Conduct

07/08/2003

Administrative Judge's findings about Applicant's falsifications are sustainable. Given the record evidence in this case, Applicant's arguments about various Adjudicative Guidelines mitigating conditions lack merit. Adverse decision affirmed.


Foreign Influence

07/07/2003

Applicant, a 31-year-old naturalized U.S. citizen with family members in the People's Republic of China (PRC), failed to demonstrate she was not in a position of vulnerability to foreign influence. Clearance is denied.


Foreign Influence

07/07/2003

Applicant is a 47-year-old-employee of a defense contractor who is a native of India and has a property interest in India. He became a citizen in 1994 and has traveled several times to India to visit family. He has strong ties to the United States with business and family investments. His family in India has no ties to the government. Clearance is granted.


Foreign Influence; Foreign Preference

07/07/2003

Applicant is a 29-year-old U.S. citizen who also has foreign citizenship through her mother, a naturalized U.S. citizen. Applicant possessed a foreign passport, which expired in 2000 and which she used once when she was about 18 years-old. However, she continues to maintain her status as a foreign citizen and has not relinquished her foreign passport. Applicant's foreign citizen contacts lack security significance. Applicant has mitigated security concerns under Guideline B (Foreign Influence), but has not mitigated concerns under Guideline C (Foreign Preference). Clearance is denied.


Foreign Influence; Foreign Preference

07/02/2003

Applicant, born in Great Britain, exercised dual citizenship when he possessed and twice used his British passport after obtaining U.S. citizenship. However, he has relinquished his foreign passport and has expressed a willingness to renounce his British citizenship. He has also built a life in the U.S. and has only minimal contacts or interests abroad. He has mitigated the security concerns under Guideline C. Applicant's daughter lives in Indonesia, however, she left with Applicant's ex-wife over 20 years ago and he has not seen her since 1986. Applicant has, at best, sporadic or infrequent contact with her, and their last direct communication was nearly two years ago. Applicant has mitigated the security concerns under Guideline B. Clearance is granted.


Financial

07/02/2003

Of the nine debts alleged as past due, six have been deleted from the Applicant's credit report, as they were determined to be not belonging to the Applicant. As to three remaining alleged past due debts, the Applicant disputes them, and has hired a financial counselor to address them. If it turns out she owes any of these remaining debts, she fully intends to pay them. As the Applicant has clearly made a good faith effort to resolve her alleged past due indebtedness, her clearance is granted.


Personal Conduct, Security Violations, Criminal Conduct

07/01/2003

Applicant committed larceny by taking from his place of employment, the National Security Agency (NSA), a considerable amount of computer hardware for his personal use, valued by his employer at more than $3,800. These computer hard drives contained classified information. Applicant received two non judicial punishments. The first was for Larceny/Theft of National Defense Information (Title18 USC 641) and Wrongfully Retaining National Defense Information (Title18 USC 793), and the second was for cheating on a test by stealing the answer key from an Army safe. In a signed, sworn 1998 Security Clearance Application Applicant knowingly failed to disclose that he received the two Article 15s. Clearance is denied.


Financial

07/01/2003

The Applicant has past due indebtedness to the Internal Revenue Service (IRS) in excess of $53,000. The Applicant disputes this tax debt, and filed bankruptcy petitions in 1998 and again in 2000 to prevent Federal Income Tax levies. Because of the Applicant's current annual income of about $37,000, "the IRS has chosen not to pursue any collection activity. Penalty and interest continue to accrue," however. The Applicant's current financial situation is of current security significance; and as such, clearance is denied.


Foreign Influence

06/30/2003

Applicant mitigated security concerns over foreign influence resulting from his relatives' citizenship in the Republic of Korea (Korea): he has parents, who live in Korea, and other relatives, including his wife, who are citizens of Korea but reside in the United States (U.S.), and he has traveled frequently to Korea. Given that these relatives have no ties to the government of Korea, I conclude that it is unlikely that they are foreign agents or in a position to be pressured. Further, there is no substantial likelihood that he would succumb to foreign influence if his family should be subject to duress. As Korea is an ally of the U.S., I think it unlikely that foreign pressure on his family could create a situation that could result in the compromise of classified information. Clearance is granted.


Foreign Influence; Foreign Preference

06/30/2003

Applicant's current possession of a valid foreign passport requires a denial of his security clearance request. Clearance is denied.


Foreign Influence

06/30/2003

Board cannot consider new evidence on appeal. Prohibition against new evidence on appeal is based on a provision of the Directive that cannot be waived. There is no presumption of error below. Applicant does not raise any specific claim of factual or legal error by the Administrative Judge. Adverse decision affirmed.


Foreign Preference; Foreign Influence

06/30/2003

Applicant is a 29-year-old employee of a defense contractor who is a native of Taiwan. She emigrated to the U.S. with her family in 1985 and became a citizen in 1993.She traveled to Taiwan in 1996 to live with her aging grandmother and work in private enterprise using her Taiwan passport to travel. One member of the family continues to live in Taiwan and some others live in the U.S. retaining Taiwanese citizenship. Applicant has unequivocally expressed her preference for the U.S. and her family pose no security threat or likelihood of providing pressure on her. Clearance is granted.


Criminal Conduct

06/30/2003

Applicant who was convicted of conspiracy to traffic in cocaine in 1982 and sentenced to five years of imprisonment is subject to Smith Amendment's (10 U.S.C. Sec. 986) mandatory clearance bar. Mitigation efforts since his early release from incarceration merit consideration of a waiver. Clearance is denied, subject to recommended further consideration of a waiver by the Secretary of Defense.


Criminal Conduct

06/30/2003

Applicant with a prior criminal conviction (over 30 years previous) and subject to Smith Amendment, while barred from holding a security clearance under Amendment's mandatory provisions, merits consideration of a waiver exception. Clearance is denied.


Personal Conduct; Criminal Conduct

06/30/2003

Over a period of years, Applicant's supervisors found his job performance as a security guard to be unsatisfactory because he failed to follow established procedures and policies and was inattentive to his duties. He was removed from assignments for cause and subsequently counseled and given guidance about how to improve his work performance. Applicant's continuing poor performance caused him to be fired from employment in 1999. Applicant falsified his security clearance application by failing to disclose his discharge as a security guard. Clearance is denied.


Criminal Conduct

06/30/2003

In 1988, Applicant was convicted of attempted second degree murder, use of a firearm in the commission of attempted murder, and possession of cocaine. He was sentenced to 10 years imprisonment. Applicant's life from that point forward reflects clear evidence of his successful rehabilitation with regard to this isolated incident. He was paroled after 3 years of imprisonment due to his good behavior. Since his release from prison, Applicant has been gainfully employed and has contributed to his community through volunteer work with his church, where he is an active member. He has provided support to his ailing parents and is planning to marry. Despite the mitigation in this case, 10 U.S.C. 986 prohibits the granting or continuing of a clearance, absent an appropriate Secretarial waiver. Clearance is denied. A waiver is recommended.


Alcohol; Personal Conduct

06/30/2003

My finding for Applicant under the alcohol consumption guideline is based on the persuasive evidence from the licensed professional counselor indicating Applicant has been sober for the last 28 months. In that period, he has regularly attended Alcoholics Anonymous (AA) and individual therapy. However, Applicant 's current refusal to admit he relapsed after 1996,and his refusal to to admit he also received additional treatment on December 30, 1998, requires a finding against Applicant under personal conduct and the whole person concept. Clearance is denied.


Foreign Preference; Foreign Influence

06/30/2003

Administrative Judge decisions may be cited as persuasive authority, but they are not legally binding on other Hearing Office Judges or the Board. A Judge's conclusion that an applicant has failed to satisfy his or her burden of persuasion with respect to an Adjudicative Guidelines mitigating condition is not the equivalent of turning that mitigating condition into a disqualifying condition. There is a rebuttable presumption that the Judge considered all the record evidence unless the Judge specifically states otherwise. Under the whole person concept, an applicant's present conduct and circumstances cannot reasonably be evaluated without considering them in light of the applicant's past conduct and circumstances. It is not arbitrary or capricious for a Judge to give little or no weight to an applicant's promise to take future remedial action. Board declines to express any opinion as to how Applicant's security eligibility might be evaluated at some future date. Adverse decision affirmed.


Financial

06/30/2003

Applicant, a thirty one-year-old employee of a defense contractor for the past three years incurred debts over a period of time primarily prior to his employment. Since his employment he has been deployed aboard two aircraft carriers for 75% of the time. He has shown that the debts have been resolved or are being addressed in a responsible manner. Applicant was given a less than honorable discharge from the service in 1996 but has since had a good record of behavior and citizenship. Clearance is granted.


Criminal Conduct; Sexual Behavior

06/30/2003

Circa 1979, Applicant committed criminal assault and battery of a sexual nature on two minor females acquainted with his daughter. Adjudged guilty of two counts of indecent assault and battery upon a child under the age of 14, Applicant was sentenced in August 1984 on each of two counts to two years in jail, suspended to run concurrently, and to five years probation with psychological treatment and payment of restitution. Following a November 1986 security clearance hearing, Applicant was allowed to retain his security clearance, a decision affirmed on appeal. There has been no recurrence of the sexual misconduct, confirming he has been successfully rehabilitated. However, under 10 U.S.C. 986, the Department of Defense is precluded from renewing a security clearance to individuals who have been convicted and sentenced to a term of imprisonment of more than one year. Clearance is denied with a recommendation that this case be considered further for a waiver of the statutory disqualification.


Financial; Personal Conduct

06/27/2003

Applicant with history of bad debts accumulated before his divorce made some progress in repaying his debts following issuance of the SOR, but insufficient to mitigate security concerns. His knowing and wilful omissions of his debts in his SF-86 were unmitigated by any prompt, good-faith corrections. Clearance is denied.


Foreign Preference; Foreign Influence

06/27/2003

The Applicant is not a dual citizen; but according to the laws of Germany, she is deemed to be a German national. As a German national, she has a right to a German passport. The Applicant has had a German passport since 1985. Its most recent rendition expired at the end of May 2003, but can be renewed. Although a U.S. citizen, the Applicant has traveled, using her German passport, on numerous occasions. She has chosen not to surrender her German passport. The Applicant's 67 year old retired German uncle, her 15 year old dual national daughter, and her two dual national step-children are not a foreign influence vis-avis the Applicant. Her retention of a German passport, however, demonstrates a foreign preference. Clearance is denied.


Foreign Influence

06/27/2003

Applicant, a naturalized US citizen married to a US citizen by birth, maintains contact with family members in Venezuela and Colombia: two countries with fluid political situations but no history of intelligence gathering or espionage against the US. Applicant's relatives are not employed by either the Venezuelan or Colombian governments, respectively, and are in no known danger of compromise or coercion. Any security risks associated with Applicant's foreign relatives are manageable ones. Clarence is granted.


Foreign Influence

06/27/2003

Applicant's 81 year old mother is a citizen and resident of the Philippines. She has no connection to the Philippine government. Applicant's security-worthiness is not affected by his mother's residence or citizenship. Clearance is granted.


Foreign Preference; Foreign Influence

06/27/2003

An applicant with immediate family members living in a country hostile to the United States has a heavy burden to show those family ties do not pose a security risk. Official statements by U.S. State Department about foreign relations of United States are legislative facts that can be taken into consideration by Administrative Judges and the Board. Judge failed to articulate rational basis for his conclusion that Applicant's father was not vulnerable to pressure from the Iranian government. Guideline B is not limited to ties of affection, but includes consideration of ties of affection, influence or obligation. Applicant is not entitled to retain a security clearance merely because she was granted one in the past. The absence of a foreign preference does not preclude consideration of whether an applicant's foreign ties raise questions of vulnerability to foreign influence. Favorable decision reversed.


Personal Conduct, Criminal Conduct

06/27/2003

While completing a security form, Applicant failed to reveal his dated alcohol-related arrests. However, he mitigated this personal conduct and potential criminal conduct by his subsequent corrective action, including full disclosures in an investigative interview and by his outstanding conduct on the job where Applicant is highly regarded for his integrity and honesty overall. Thus I conclude that this one example of omitting information on his past conduct was an isolated incident of poor judgment. His current good work record and his several highly favorable references outweigh this one instance of his failure to disclose requested information. Further, he took steps to address the core problem that led to these arrests by voluntarily seeking alcohol treatment in 1990 which shows his willingness to take corrective actions. Clearance is granted.


Financial; Personal Conduct

06/27/2003

Applicant's financial irresponsibility was not mitigated where Applicant's debts were caused both by circumstances beyond his control and his own irresponsibility and where he had taken no effective action to address his indebtedness, largely because he lacks the means to do so. Applicant's falsification of his financial history casts additional doubt on his fitness for access to classified information. Clearance denied.


Drugs

06/26/2003

Applicant's past drug use over a thirty year period raises security concerns. Applicant is disqualified from having a security clearance under a provision of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, 10 U.S.C. Section 986 ("The Smith Amendment") as statutory provision (2) applies to anyone who "is an unlawful user of, or is addicted to, a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802)." Applicant's recent use of marijuana and cocaine falls within this statutory prohibition as he knowingly and willfully continued this drug use against the government's security policies. While he has a good employment record, such excellence on the job does not erase the security significance of his acknowledged drug use after applying for a security clearance. Clearance is denied.


Financial

06/26/2003

Applicant's financial irresponsibility was not mitigated where his debts were caused largely by circumstances within his control and his own irresponsibility. He took no effective action to address his indebtedness, despite having the means to do so, until issuance of the SOR. Clearance denied.


Financial; Personal Conduct

06/26/2003

Applicant's financial problems have been resolved and are unlikely to recur. Clearance is granted.


Financial

06/26/2003

Board cannot consider new evidence on appeal. There is a rebuttable presumption that the Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. Applicant is responsible for presenting witnesses and other evidence. The Judge is under no obligation to locate evidence for Applicant. A review of the procedural history shows Applicant was on adequate notice of his obligation to prepare for the hearing and present evidence for the Judge's consideration. Adverse decision affirmed.


Foreign Influence

06/25/2003

Applicant has several immediate family members who are citizens of and reside in India, but they are not in a position to be exploited by India in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Applicant has a strong attachment to and substantial financial interests in the United States, and he is unlikely to respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Criminal Conduct

06/25/2003

This 34-year-old civil engineer was arrested and convicted of assault in 2001 after physically attacking and injuring his girlfriend, until stopped by other individuals. A few hours later, he attempted to enter the victim's apartment with her inside, but left when she said she had called the police. Applicant had been drinking heavily prior to the incident. A court issued a restraining order on February 13, 2001, which was not lifted until October 2, 2003. His three-year probation was to end in March 2004. Applicant completed a compulsory 52-week Domestic Violence/Anger Management class. In his explanation, Applicant minimized the seriousness of his conduct and the injuries to the victim. Rehabilitation has not been established. Clearance is denied.


Foreign Preference

06/25/2003

Applicant is a dual citizen of the United States and Ireland, and he possesses a valid passport issued by the Irish government. Applicant retains his Irish passport for reasons of personal convenience, and he expresses no intent to surrender it to the issuing authority. Applicant is therefore ineligible for clearance due to policy restrictions set forth in the DoD "Money Memorandum." Clearance is denied.


Foreign Influence

06/25/2003

The facts and circumstances show that Applicant's family ties to Vietnam do not pose an unacceptable security concern or risk of foreign influence under Guideline B. Clearance is granted.


Financial; Personal Conduct

06/25/2003

Between 1995 and 2000, Applicant accumulated approximately $10,500.00 in delinquent debts including credit cards, late car payments, and clothing store accounts. He intentionally omitted this information from a Security Clearance Application (SF-86) in February 2002. He asserts much of his financial difficulty resulted from his own inexperience with money when he moved out on his own for the first time at age 23. His actions to resolve some of his obligations are too recent for mitigation, and he has no proven track record of successful money management. Applicant has failed to mitigate security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). Clearance is denied.


Foreign Influence

06/25/2003

Applicant is a dual citizen of the United States (US) and the Republic of China (Taiwan) since his US naturalization in November 1998. He intends to pursue his life and career in the US, but remains close to his parents and brother, who are resident citizens of Taiwan. Applicant's parents have spent every summer with Applicant in the US since 1994, and he applied in October 2002 for US permanent residency for them. Applicant is well-regarded by his coworkers for his trustworthiness and moral character, but the Taiwanese residency and citizenship of immediate family members present an unacceptable risk of foreign influence. Clearance is denied.


Foreign Influence; Foreign Preference

06/25/2003

Applicant's continuing ties to Israel since returning to the United States in 1996 raise doubt about which country he prefers. Clearance is denied.


Foreign Preference; Foreign Influence

06/25/2003

Applicant's dual citizenship has been renounced and his foreign financial interests have been liquidated. Sufficient mitigation is shown. Clearance is granted.


Financial; Foreign Preference; Foreign Influence; Personal Conduct

06/25/2003

The Applicant, by her own admission, still owes in excess of $4,100 in past due indebtedness. She is a dual citizen, of both the United States and of Mexico, and retains a Mexican passport. Although her Mexican spouse is not a foreign influence vis-a-vis the Applicant, her dual nationality and possession of a foreign passport shows an unquestioned foreign preference. The Applicant has explained away her alleged personal conduct, but her financial situation and foreign preference militate against the granting of a security clearance. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

06/25/2003

Applicant who used marijuana over a three-year period between 1996 and 1999, omitted his use in his SF-86 and understated his use in ensuing DSS interviews fails to mitigate either his drug use or personal conduct/criminal conduct security concerns stemming from his drug concealment. Clearance is denied.


Financial; Personal Conduct

06/25/2003

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, despite having the means to do so. Applicant did not falsify her financial history because she was unaware of an alleged state tax lien at the time she completed her clearance application. Clearance denied.


Financial

06/25/2003

Thirty-five-year-old Applicant, who is employed by a defense contractor, has failed to mitigate nine delinquent debts, including two judgments against him, totaling more than $17,284.00. The sudden loss of his wife's income as a result of injuries she sustained in an automobile accident in December 1995 mitigates three debts that became delinquent in 1996. However, Applicant has not been able to payoff or substantially reduce any of his delinquent debts, which extend back as far as 1994. Even though he recently executed an agreement with a consumer credit counseling service to repay creditors, it does not cover all of them, including the largest debt of $7593.72, resulting from a judgment against him. Moreover, Applicant has not been able to make the monthly payment under his agreement. Clearance is denied.


Foreign Influence

06/24/2003

Applicant is a citizen of three countries with no intent to renounce her foreign citizenships. Her foreign contacts reside in and are citizens of Bulgaria and/or Canada, and who have regular contact with the Applicant. These foreign contacts are of a nature that could create the potential for influence that could result in the compromise of classified information. Clearance is denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

06/24/2003

The Applicant now admits that he committed a lewd act in public in November of 1996. However, he was less than candid about this lewd act on his August 1999 Security Clearance Application (SCA), in his subsequent August 2000 sworn statement, and again during a November 2000 interview. He was also less than candid about his past due indebtedness on his SCA, and again in his subsequent sworn statement. These repeated wilful falsifications are violations of 18 U.S.C. Section 1001. His repeated lack of candor as to his lewd conduct also demonstrates that the Applicant is susceptible to possible coercion. Clearance is denied.


Foreign Preference; Foreign Influence

06/24/2003

Applicant used his expired British passport, along with his active American passport, once in 1996. The incident has not been repeated and the Applicant persuasively states that it will not happen again. He further indicates a willingness to renounce his British citizenship. His family connections are not of a type that would make him vulnerable to coercion or pressure. Adverse inference is overcome. Clearance is granted.


Personal Conduct; Criminal Conduct

06/23/2003

Given the facts of this case, it was not arbitrary or capricious for the Administrative Judge to conclude Personal Conduct Mitigating Condition 3 was not applicable to Applicant's falsifications. The presence or absence of an Adjudicative Guidelines disqualifying condition or mitigating condition is not solely dispositive of a case. Rather, application of a disqualifying condition or a mitigating condition requires the exercise of sound discretion in light of the record evidence as a whole. Even if a Judge were to conclude that an applicant's disclosures had eliminated the applicant's possible vulnerability to blackmail, such a conclusion would not extenuate or mitigate the poor judgment, unreliability, or untrustworthiness inherent in acts of falsification. The absence of formal criminal charges does not preclude the government from alleging an applicant has engaged in criminal conduct and presenting evidence to support the allegation in a security clearance adjudication. Adverse decision affirmed.


Foreign Preference; Foreign Influence

06/20/2003

The Applicant is unwilling to renounce his Iranian citizenship and surrender his expired Iranian passport, a passport he can easily renew for an additional five years. He is unwilling because of the possible repercussions his family may suffer in Iran. He has traveled to Iran, using his Iranian passport, on two occasions subsequent to obtaining his U.S. citizenship. His parents, a brother and four sisters are citizens of and reside in Iran. His 65 year father is retired from a private medical clinic. His 63 year old mother is a housewife. His brother owns a private taxi service, and his four sisters are housewives. Although there is no evidence that any of the Applicant's Iranian family member are agents of any foreign government, their presence in Iran can be exploited by the Iranian government. Clearance is denied.


Foreign Influence

06/20/2003

The Applicant's foreign contacts, (specifically his mother, sister and brother) who are citizens of and reside in Italy, and who have regular contact with the Applicant do not pose a security risk. The Applicant's brother is an agent of the Italian government. These foreign ties are not of a nature that could create the potential for influence that could result in the compromise of classified information. Clearance is granted.


Foreign Influence

06/20/2003

Applicant's parents and seven siblings are citizens and residents of a country marked by civil and military unrest, organized crime, factional warfare, and impotent government. In this environment Applicant's access to classified information is likely to attract the attention of lawless elements that might exploit Applicant's family to force Applicant to choose between loyalty to his family and loyalty to the United States. Applicant's evidence to the contrary is not sufficient to offset or rebut this security concern. Clearance is denied.


Foreign Influence

06/20/2003

This 66-year-old engineer was born in China, came to the U.S. to teach in 1986, and became a U.S. citizen in 1995. His elderly father, two brothers, and in-laws still reside in China, but Applicant has minimal other ties to that country, where he and his family suffered under the Communist regime. He completed his education, began a professional career, and established a family life in the U.S., with his wife and young son. Applicant has shown strong ties and feelings toward the U.S. He has credibly expressed an understanding of his security obligations and his intent to act only in support of U.S. interests. Mitigation has been shown. Clearance is granted.


Alcohol; Personal Conduct

06/20/2003

Board cannot consider new evidence on appeal. Applicant waived any claim concerning the absence of the agent at the hearing by failing to raise the matter during the hearing. There is no record evidence to support the Administrative Judge's application of Alcohol Consumption Disqualifying Condition 4. Although decisions by Hearing Office Judges in other cases can be cited as persuasive authority, they are not legally binding on Hearing Judges in other cases. The experience level of a Judge is irrelevant to establishing whether the Judge erred. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

06/19/2003

Applicant's indebtedness o 17 creditors totaling approximately $78,411.00 is not mitigated simply by Applicant's Chapter 7 discharge in April 2003. Missing is evidence of (1) a sustained track record of financial responsibility, and (2) healthy financial habits that demonstrate the past financial problems will not return in the future. Clearance is denied.


Criminal Conduct, Personal Conduct, Financial

06/19/2003

Applicant mitigated security concerns over criminal conduct, personal conduct and finances from the 1998 through 2000 period. Despite his past financial problems, he finally resolved outstanding debts to significant creditors through his 1998 discharge in bankruptcy and attempted to resolve or dispute debts to other creditors. Overall he has demonstrated that he has control of his finances. Applicant now has a good income and with limited expenses he lives within his income. He mitigated concerns over his misdemeanor 1998 and 2000 criminal conduct and concerns over his personal conduct after his divorce by demonstrating he is fully rehabilitated. He has had no subsequent adverse conduct in the subsequent three years. Clearance is granted.


Foreign Influence

06/19/2003

The Applicant's father is a citizen of and resides in Vietnam. He was a policeman in the former South Vietnam. After Saigon fell, he was placed in a re-education camp for eight to ten years. He is 82 years of age, and his spouse, the Applicant's mother, is deceased. One of the Applicant's sisters is a citizen of and resides in Vietnam. She is a high school teacher. The other sister is a citizen of and resides in the U.S. One of the Applicant's brothers is a citizen of and resides in Germany. He is a restauranteur. The other brother is a citizen of Norway, but resides in the U.S. as a permanent resident. There is no evidence that any member of the Applicant's family has any connection with a foreign government or is in a position to be exploited by any government. He also owns $15,000 worth of land in Fiji, but has a U.S. net worth of $700,000. Clearance is granted.


Criminal Conduct

06/19/2003

Fifty-six-year-old Applicant's 1987 arrest for eight counts of felonies and misdemeanors involving sexual abuse of a 14-year-old minor, contributing to the delinquency of a minor, and furnishing alcohol to a minor, when he was 41-years old, led to a sentence of imprisonment for 8 years with 5 years suspended. The absence of any subsequent criminal conduct, along with some evidence of successful rehabilitation might normally mitigate the government's security concerns, but in this instance, there remain questions because Applicant does not seem to sense the gravity of his actions, or understand the motivation for them, despite his participation in counseling. Moreover, the application of 10 U.S.C. 986 disqualifies him from such eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is not recommended.


Foreign Influence

06/19/2003

Applicant, a 53-year-old naturalized U.S. citizen who was born in mainland China, has lived here since 1990. His elderly, retired parents still live in China, his children are naturalized U.S. citizens, and his son-in-law is a permanent resident alien. Applicant's wife has been unable to pass the language requirement for naturalization, but will remain in the U.S. as a permanent resident alien. Applicant's foreign contacts are casual and infrequent, and not in a position to be coerced or pressured by the Chinese government. Applicant has mitigated the security concerns under Guideline B (Foreign Influence). Clearance is granted.


Criminal Conduct; Personal Conduct

06/19/2003

Fifty-six-year-old computer network engineer pled guilty to, and was convicted of, conspiracy and grand larceny of over $1 million by stealing from his employer. In 1991, he was sentenced to imprisonment for from 3 1/3 to 10 years. Applicant failed to demonstrate it is in the national interest to grant him a clearance. Clearance is denied.


Financial; Personal Conduct

06/18/2003

The Applicant owes approximately $10,700 in debts. His financial problems date back several years. When Applicant completed his Security Clearance Application (SF-86), he failed to disclose his financial delinquencies of more than 180 days in the previous seven years and any current delinquencies of over 90 days. Applicant admits the existence of the bad debts and has expressed an intention to satisfy them. However, despite his expressed intention to take action in the future, he has failed to put forward specific plans for payment or to demonstrate that he has paid the debts. Clearance is denied


Criminal Conduct; Personal Conduct; Foreign Influence

06/18/2003

Applicant with two DuIs over a two-year period who demonstrates an outstanding work record, problem free substance abuse evaluation, and good judgment and responsibility in his personal life mitigates judgment lapses associated with his DuIs. Any risks of coercion, exploitation and duress associated with Applicant's sister being a resident of Costa Rica are manageable ones. Clearance is granted.


Foreign Influence

06/18/2003

Applicant's foreign contacts, including his wife, (who resides in the United States and is in the process of becoming a United States citizen) and his father, brother and mother-in-law who are citizens of and reside in China, are not associated in any way with the Chinese government and do not pose a security risk. Clearance is granted.


Foreign Influence

06/18/2003

The facts and circumstances show that Applicant's family ties to Vietnam do not pose an unacceptable security concern or risk of foreign influence under Guideline B. Clearance is granted.


Foreign Preference; Foreign Influence

06/18/2003

Applicant has surrendered his British 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

06/18/2003

American-born Applicant provided a sworn declaration stating he is a dual citizen of the United States and Canada, and he will not renounce his Canadian citizenship. Applicant's later written statement to the contrary is not persuasive. Applicant's decision to retain his dual citizenship is likely influenced to some degree by the dual US-Canadian citizenship choice made by his father, mother, sister and brother, who are Canadian residents. Applicant's Austrian-born wife has no foreign connections or involvement of a security concern. Clearance is denied.


Foreign Influence

06/18/2003

The Applicant's oldest sister is a citizen of the United States and of Japan, but lives in Japan. She is a professor at a private university. His brother-in-law is a citizen of Japan, and is a software engineer. His sister and brother-in-law have three children, ranging in ages from one to four years of age. The children are also dual nationals. The Applicant's best friend is a U.S. citizen, but resides in Japan. He works at a private university as an administrator. There is no evidence that any member of the Applicant's family or his friend have any connection with a foreign government or is in a position to be exploited by any government. Clearance is granted.


Drugs

06/18/2003

Applicant's abuse of marijuana between 1982 and 2000 was mitigated where Applicant had stopped using marijuana in 2000 and demonstrated a clear intent to refrain from future drug abuse by his abstinence for three years and commitment to a drug-free lifestyle because of family concerns. Clearance granted.


Foreign Influence

06/18/2003

Applicant's foreign contacts, specifically her two brothers and two sisters and mother-in-law and father-in-law who are citizens of and reside in Vietnam do not pose a security risk. The Applicant's husband, mother, father and sister are permanent legal residents of the United States. The Applicant has minimal contact with those family members in Vietnam, and none of her family, whether it be those residing in the United States, or those in Vietnam, are in any way connected with the Vietnamese government. Clearance is granted.


Financial; Personal Conduct

06/18/2003

Applicant's personal history reveals instances of intentional contract deception with a lender and serious dishonesty with his former employer. Clearance is denied.


Personal Conduct; Sexual Behavior; Alcohol

06/18/2003

Regarding the extra-marital affair, he kept his security manager constantly apprised and has since returned to his wife. However, while alcohol consumption is mitigated, Applicant's intentional falsifications are not because they are misleading in scope and frequency. Clearance is denied.


Foreign Influence

06/17/2003

Applicant is the executive assistant to the president of a federal contractor. She seeks a security clearance so she will be able to handle any classified material that will cross her desk when used in the course of biding on or working on government construction contracts. Applicant is an American citizen for the past 35 years. She was born in Germany and has siblings and other family members there whom she visits periodically. Her present husband is a citizen of Pakistan and a resident alien of the United States. He worked as a Pakistani civil servant for ten years until 1969, then worked for the World Bank until 1989, when he retired. Subsequently, he worked as a consultant on financial issues to the Pakistani government until retiring in 1996 to the U.S. Applicant successfully mitigated all foreign influence concerns. Clearance is granted.


Sexual Behavior; Personal Conduct; Drugs; Criminal Conduct

06/17/2003

Applicant was arrested in 1997 and 1998 on felony charges of child molestation and stalking. He eventually pled guilty to reduced misdemeanor charges in each case. Applicant also used illegal drugs until at least 1995, was fired from a job in 1997, has twice received mental health counseling, and had a car repossessed in 1994. He deliberately omitted this adverse information from a Security Questionnaire (SF-86) he submitted in February, 2001. Applicant's drug use, criminal and sexual conduct are mitigated by the passage of time and by an overall improvement in his lifestyle. However, he has failed to mitigate personal conduct concerns arising from his falsifications. Clearance denied.


Financial; Criminal Conduct; Personal Conduct

06/17/2003

Fifty-one-year-old network engineer had history of financial difficulties. He failed to pay his debts, including his federal and state income taxes. He also failed to file federal and state tax returns and falsified his security clearance application by failing to list all of the liens that had been filed against him. Clearance is denied.


Foreign Preference; Foreign Influence

06/17/2003

When the Applicant became a U.S. citizen in 1999, he lost his Chinese citizenship. Although he physically retained his Chinese passport, it has been cancelled by the Chinese consulate. Since becoming a U.S. citizen, the Applicant has only traveled to China on a U.S. passport. His mother and mother-in-law are both citizens of and presently reside in China. His mother is a retired nurse, and his mother-in-law a retired professor. Both are seeking to immigrate to the U.S. Two of his brothers are citizens of and reside in China. Both brothers work for private companies. Another brother is a citizen of and resides in Canada. There is no evidence that any member of the Applicant's family has any connection with a foreign government or is in a position to be exploited by any government. Clearance is granted.


Criminal Conduct; Sexual Behavior

06/17/2003

The Applicant molested his underage daughter in 1996 by fondling her repeatedly. He was convicted for this offense in 2000, and received a deferred sentence with probation for ten years. He is attending treatment, but available records are two years old. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Financial; Personal Conduct

06/17/2003

Forty-three-year-old Applicant's finances deteriorated rapidly when the shares of a publicly traded company which purchased his business became worthless because the executives of that company were convicted of illegal stock manipulation. His debts were discharged under Chapter 7 bankruptcy. His lengthy relationship with a suspected drug trafficker, and failure to furnish correct and accurate responses to inquiries in a Security Clearance Application (SF 86), largely because of erroneous advice furnished by his attorney, also raised security concerns. He has mitigated the concerns by the evidence developed herein, and questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Personal Conduct; Financial

06/17/2003

The Statement of Reasons (SOR) alleges Applicant failed to indicate his special compartmented information (SCI) access had been denied when he completed a Questionnaire for National Security Positions, Standard Form (SF) 86. The record fails to support Applicant falsified his SF 86. However, Applicant owes $22,228.00 for child support. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the child support debt. Clearance is denied.


Drugs

06/16/2003

The Applicant used marijuana four times during his life, three times after being granted a security clearance in 1987. He last used marijuana in September of 2000, more than 30 months ago, and he intends no future use of marijuana. Clearance is granted.


Foreign Preference; Foreign Influence

06/16/2003

The Applicant has renounced his Taiwanese citizenship and surrendered his Taiwanese passport. He never used the Taiwanese passport after becoming an American citizen. His parents, siblings, and in-laws are Taiwanese citizens. There is no evidence that any of them are agents of a foreign power or in a position to pressure or coerce the Applicant. Adverse inference is overcome. Clearance is granted.


Foreign Influence

06/13/2003

This 38-year-old computer software engineer was born in Ukraine, but emigrated to the U.S. in 1995 and became a U.S. citizen in 2000. Her 74-year-old mother is the only family member still residing in Ukraine, and Applicant has minimal other ties to that country. She has completed her education, began a professional career, and established a family life in the U.S., with her husband and son, who was born in 1992. She sees the U.S. as her "chosen country." She has credibly expressed an understanding of her security obligations and her intent to act only in support of U.S. interests. Mitigation has been shown. Clearance is granted.


Foreign Influence; Foreign Preference

06/13/2003

Applicant's dual citizenship is based on his birth in Hong Kong. His conduct since moving to the United States as a young child has indicated a clear preference for the United States. Clearance is granted.


Financial

06/13/2003

Board cannot consider new evidence on appeal. Applicant's filing for bankruptcy in 2001 did not preclude the Administrative Judge from considering the security significance of the actions that lead to Applicant's delinquent debts and Applicant's longstanding failure to address them once incurred. Adverse decision affirmed.


Foreign Influence

06/13/2003

Applicant's foreign contacts, specifically his mother and nine siblings who are citizens of and reside in Vietnam, and his brothers who are citizens of and reside in Australia, do not pose a security risk. Clearance is granted.


Personal Conduct

06/12/2003

The Administrative Judge's unchallenged findings of fact concerning Applicant's falsifications of security clearance applications in April 1987 and May 2000 provide a rational basis for his decision. Adverse decision affirmed.


Foreign Influence

06/11/2003

Applicant and his wife became naturalized United States citizens in 1976. Their two adult sons were born and raised in the United States, and currently reside and work here. Applicant is proud to be a United States citizen, and intends to remain here permanently. His mother and three brothers remaining in Taiwan have no connection with the Taiwanese government, and they are not in a position to be exploited by Taiwan in a way that could force applicant to choose between his loyalty to these family members and his loyalty to the United States. Clearance is granted.


Financial

06/11/2003

Applicant has had a long history of financial difficulties, including a Chapter 7 bankruptcy. While some of his lesser past overdue debts have now been resolved, he still owes approximately $50,000 to the Internal Revenue Service (IRS) and over $5,000 to a state department of taxation. Because of the absence of a repayment plan and his negative net remainder every month, it is unlikely that Applicant can resolve his financial difficulties. Clearance denied.


Foreign Influence

06/11/2003

The Applicant and his wife are naturalized American citizens. He has been in the United States for 20 years. He and his wife have relatives who are Vietnamese citizens and either live in Vietnam, or the United States. Contact with those relatives who still live in Vietnam is infrequent, and he has persuasively shown that his relatives do not work for the Vietnamese government. The Applicant has also shown that he is not subject to coercion because of his foreign connections. Adverse inference is overcome. Clearance is granted.


Foreign Influence

06/11/2003

Applicant is a 50-year-old security official for a defense contractor. She was born in Japan to Japanese parents in 1953, married an American Naval officer in 1976, and moved with him to the U.S. She has resided here ever since, and has raised two children, one of whom is a serving U.S. Naval aviator. She obtained her Green Card in 1977 and became a U.S. citizen in 1999. She has regular telephone contact with her parents and periodic contact with other relatives, but her personal and emotional ties have been predominantly with the U.S. for more than 26 years. She credibly expressed both her loyalty to the U.S. and her understanding of the necessity of protecting U.S. interests. Mitigation has been established. Clearance is granted.


Personal Conduct

06/11/2003

There is sufficient record evidence to support the Administrative Judge's finding that Applicant falsified a security questionnaire. Adverse decision affirmed.


Foreign Influence

06/11/2003

Applicant became a naturalized United States citizen in 2000. He formally relinquished his Taiwanese citizenship in 2002. His three immediate family members remaining in Taiwan are not in a position to be exploited by Taiwan in a way that could force applicant to choose between loyalty to these family members and loyalty to the United States. Clearance is granted.


Criminal Conduct; Financial

06/11/2003

Given the record evidence, the Administrative Judge did not err by not applying Financial Considerations Mitigating Conditions 1, 3, 4, or 6 to Applicant's history of financial difficulties. Adverse decision affirmed.


Foreign Preference

06/10/2003

Twenty-seven-year-old Naturalized American Applicant has acted promptly to mitigate foreign preference concerns on the part of the Government. She has submitted an application to renounce her Jamaican citizenship and surrendered her Jamaican passport. Applicant has also closed her Jamaican bank account, which was opened for her by her father and which never contained a significant balance. Clearance is granted.


Financial; Personal Conduct

06/10/2003

While Applicant's financial problems raised security concerns because of his delay in resolving debts to three creditors, he has resolved his debts fully including over $20,000 owed to the Internal Revenue Service (IRS) for unpaid personal income taxes for 1997 which he had disputed even though he had sufficient reserves to resolve these debts. Finally, he resolved his debts to the IRS and to a school; and he disputed persuasively a small debt to another creditor. Also, he mitigated the personal conduct concern over his failure to list a 2002 IRS personal tax lien on his 2001 security questionnaire. Thus, he has mitigated these security concerns. Clearance is granted.


Criminal Conduct

06/10/2003

Administrative Judge properly concluded Applicant's 1987 conviction falls under 10 U.S.C. 986, and that application of that statute precluded a favorable security clearance decision. Board does not recommend consideration of this case for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Foreign Preference; Foreign Influence; Outside Activities

06/10/2003

Applicant is a 43-year-old university professor and consultant. He was born in Argentina, came to the U.S. in 1986, graduated from college, and became a U.S. citizen in 1999. He has renounced his Argentinean citizenship, after allowing his Argentinean passport to lapse in 2002. He has elderly parents in Argentina, but his most significant ties are with the U.S. Mitigation has been established.. Clearance is granted.


Financial; Personal Conduct

06/10/2003

Applicant's numerous delinquent debts and adverse court judgments indicate a lack of personal reliability. Applicant's intentional false statements on security questionnaire indicate a lack of trustworthiness. Clearance is denied.


Foreign Influence; Foreign Preference

06/09/2003

Born in Lebanon in 1962, Applicant came to the U.S. in 1981 and was naturalized in 1988. He and his family fled the Lebanese civil war in 1975, and Applicant has not returned save for two visits 19 years apart. His parents and a sister are naturalized citizens living in the U.S. Two siblings still live in Lebanon, and two other siblings live in the UAE and Qatar. Applicant's wife and step-daughter hold dual French and Canadian citizenship, but have recently applied for permanent resident status in the U.S. Applicant's foreign ties are benign and his actions relative to other countries do not demonstrate preference for those countries over the U.S. The security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) are mitigated, and Applicant's request for clearance is granted.


Foreign Influence

06/09/2003

Applicant, a 59-year-old naturalized U.S. citizen employed as a scientist by a government contractor was born in China (PRC). His family moved to Hong Kong when he was a child and family members are still living there. He has traveled several times to Hong Kong and PRC to visit family and to hold art shows of his paintings. Although he has received some remuneration from these sales the amount is of little consequence to his total income and there is no evidence that these sales affect his ability to hold a security clearance. Clearance is granted.


Criminal Conduct

06/09/2003

Applicant's two firearms offenses in early 1998 are mitigated where the conduct was not as serious as first charged, occurred in a narrow period of time when Applicant had moved to a new state, and has not been repeated, and where Applicant has straightened out his life by getting better technical skills, obtaining a real job, married and started his own family, while taking financial and emotional responsibility for a son he did not know he had until April 2000. Clearance granted.


Drugs; Personal Conduct

06/09/2003

Applicant with history of drug abuse spanning 12 years discontinued his use of illegal substances in 2000 but leaves questions about his recurrence risks because of both the length of his abuse history and his inconsistent accounts of his marijuana use. Clearance is denied.


Drugs

06/09/2003

Applicant, a 28-year-old engineer, employed by a Defense contractor, used marijuana as a high school student in 1992/1993 and, despite intermittent periods of abstinence, continued using marijuana during the period from January 1994 to November 2001. He purchased marijuana for his personal use in 1997, 1999, 2000, and 2001, and used LSD and cocaine one time each in 1999. He used psilocybin in 1998 and 2000. On December14, 2001, in the presence of an agent of the Defense Security Service, Applicant signed a sworn statement admitting his previous drug use and stated he would immediately and permanently discontinue all use of illicit drugs. He used drugs again on July 4 and 6, 2002. Thereafter, Applicant sought counseling for his drug problem and believes he is making progress. Clearance is denied.


Criminal Conduct

06/09/2003

Board cannot consider new evidence on appeal. Under the Directive, the Board is constrained from addressing issues not raised by the parties on appeal. Applicant's ability to argue for an alternate interpretation of the record evidence is not sufficient to demonstrate the Administrative Judge's adverse conclusions are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Criminal Conduct; Alcohol; Personal Conduct; Financial

06/09/2003

Evidence of 49-year-old Applicant's alcohol rehabilitation is not sufficient to mitigate seven alcohol related criminal offenses, which he committed over a 16 year period. He also has failed to mitigate disqualifying conditions involving personal conduct and financial considerations. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

06/09/2003

Applicant, a 61-year-old employee of a government contractor, admitted to numerous alcohol-related criminal and work-related offenses, drinking to excess over an extended period of time, and omitting three convictions from his security clearance application. Omission of the three convictions was found not to be deliberate but the remaining allegations are sustained. Clearance is denied.


Foreign Influence

06/09/2003

Applicant is a 33-year-old civilian employee of a government contractor married to a citizen of China (PRC) who is an employee of a state government and is applying for U.S. citizenship. Although his wife has a father and other relatives living in the PRC and they have visited that country once since their marriage, there is no indication that security considerations should preclude the grant of a clearance. Clearance is granted.


Foreign Influence

06/06/2003

Applicant has the burden to show that his ties with his wife's family in Russia do not pose a security risk. Applicant did not meet his burden. Clearance is denied.


Criminal Conduct

06/05/2003

Participation of Chief Department Counsel at hearing did not violate Applicant's rights. Absent any factual or legal error that violated Applicant's rights under Executive Order 10865 or the Directive, Applicant is not entitled to a new hearing. An undefined term or phrase in the Directive must be construed or interpreted in a reasonable manner. For purposes of Criminal Conduct Mitigating Condition 1, the recency of an applicant's criminal conduct should be measured or evaluated in relation to when the criminal conduct occurred, not in relation to when the applicant completed his or her imprisonment. However, the Judge may consider the relatively brief time Applicant has been out of prison under Directive, Section 6.3. It was not arbitrary or capricious for the Judge to weigh the favorable evidence presented by Applicant and decide whether it demonstrated reform and rehabilitation sufficient to warrant a favorable security clearance decision. Adverse decision affirmed.


Criminal Conduct; Sexual Behavior

06/04/2003

From October 1999 to May 2000, Applicant accessed pornography on the Internet using his personal computer, on a daily basis for most of that time. His obsession with pornography led to improper sexual advances (molestation and exposure) toward his then 13-year-old daughter on at least three occasions. Convicted of illegal sexual contact with a victim under 16 in 2000, he was sentenced to three years in jail, suspended, and placed on intensive probation for 10 years. Applicant has made some progress in therapy, but it is too soon to conclude there will be no recurrence of the criminal conduct and sexual behavior. Moreover, the Department of Defense is precluded from reinstating his security clearance pursuant to 10 U.S.C. 986. Clearance is denied.


Personal Conduct; Drugs

06/04/2003

Applicant, aged 26, admits to using marijuana approximately 25 times between August 1996 and November 2000. Applicant falsified her security clearance application (SF-86), by not admitting to purchasing and using LSD approximately 10 times between 1998 and July 1999. Applicant executed the SF-86 containing the falsifications on October 26, 2001, and stated in her sworn statement on March 6, 2002, that she falsified her SF-86 because she was ashamed of her LSD use and didn't want company officials to learn of it. Applicant states that she has not used marijuana since October 2000 and she has not used LSD since July 1999. Clearance is denied.


Foreign Influence

06/04/2003

Applicant is a 49 year-old naturalized United States citizen, born in the People's Republic of China. Applicant's immediate family members, including his parents, with whom he has close and continuing contact, and his sister and brother are citizens of and reside in the People's Republic of China. The evidence establishes that Applicant is vulnerable to foreign influence. 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.


Foreign Preference

06/04/2003

Applicant--a 33-year-old married woman who left Ukraine for a better life in the U.S. in 1981 at age 23, and became a U.S. citizen in 2000--was not subject to foreign influence, notwithstanding her ties to Ukraine via sending money and family members, where Applicant's commitment and ties to the U.S. are so substantial that she can be expected to resist and report any potential foreign influence or pressure. Interim security clearance granted in September 2000 on essentially the same facts re-affirmed. Clearance granted.


Personal Conduct

06/04/2003

Thirty-two-year-old Applicant had a 10 year pattern of violating motor vehicle laws, from speeding to failing to obey traffic control devices and failing to yield to pedestrians. Applicant has never had his driver's license suspended or revoked, has had a clean driving record the past two years, and has adhered to the rules and regulations at work. Clearance is granted.


Personal Conduct; Drugs; Criminal Conduct

06/04/2003

Applicant used marijuana with varying frequency between 1988 and 1999, a period in which he held security clearances though his military service and as a defense contractor employee. Applicant deliberately falsified his illegal drug use on three government security questionnaires and in a written statement he gave to a government investigator. He disclosed the full extent of his drug use only after being confronted with a government polygraph examination. He has failed to mitigate concerns about his truthfulness, which further undermines the government's confidence he will not use drugs in the future. Clearance denied.


Drugs; Personal Conduct

06/04/2003

Applicant, a 35-year-old employee of a defense contractor, used marijuana between 200 and 300 times between 1992 and 1998. After obtaining an interim clearance in 2001, Applicant used marijuana on one occasion and failed to note that use on a subsequent security clearance application. Applicant failed to demonstrate it is in the national interest to grant him a clearance. Clearance is denied.


Personal Conduct; Financial

06/04/2003

In view of applicant's history of (1) providing false, material information on a resume he submitted to his employer, (2) submitting a questionable expense report to his employer, and (3) seeking professional help to address his problem with "lying," I cannot conclude he possesses the good judgment, reliability and trustworthiness required of security clearance holders. Clearance is denied.


Personal Conduct

06/02/2003

In 1997, Applicant was allowed to resign after being recommended for termination due to improper conduct. The record evidence is sufficient to mitigate and extenuate the negative security implications stemming from his conduct more than five years ago. Clearance is granted.


Foreign Influence

06/02/2003

Applicant--a 48-year-old married man who escaped Vietnam in 1981 at age 27, emigrated to the U.S. as a refugee later that year, and became a U.S. citizen in 1986--was not subject to foreign influence, notwithstanding his ties to Vietnam via travel, sending money, and family members, where Applicant's commitment and ties to the U.S. are so substantial that he can be expected to resist and report any potential foreign influence or pressure. Security clearance granted in 1988 on essentially the same facts re-affirmed. Clearance granted.


Foreign Influence

06/02/2003

Applicant mitigated security concerns over foreign influence resulting from his relatives' citizenship in Vietnam; he has parents, two brothers, and three sisters who live in Vietnam. Given that these relatives who are rice farmers have no ties to the government of Vietnam, I conclude that it is unlikely that they are foreign agents or in a position to be pressured. Further, there is no substantial likelihood that he would succumb to foreign influence if his family should be subject to duress. His references attest to his good character and professionalism at work. Given his 15 year history of responsible conduct in the US, I think it unlikely that foreign pressure on his family could create a situation that could result in the compromise of classified information. Clearance is granted.


Alcohol; Personal Conduct

06/02/2003

Applicant was arrested in 1994 for DUI and in 1997 for drunken driving. He failed to list his arrests on his security clearance application. The alcohol concerns have been mitigated. However, the record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the falsification of his application. Clearance is denied.


Criminal Conduct; Personal Conduct

06/02/2003

Applicant's 1995 convictions for larceny and breaking and entering and subsequent sentences to two and three years imprisonment, respectively, requires revocation of his clearance under 10 U.S.C. 986 notwithstanding that Applicant spent 30 days in prison on the first offense and no time in prison on the second offense. Applicant did not falsify his clearance application. Clearance denied.


Foreign Preference; Foreign Influence

06/02/2003

As a conscript in the Iranian army, Applicant was subjected to a near-fatal nerve gas attack by Iraqi forces. After his recovery, Applicant fled to Germany, taking his younger brother, and there he voluntarily furnished valuable information to American intelligence agents. He was officially sponsored for expedited US residency, and he overcame serious hardships to gain a scientific education and successful employment in America while acting as guardian of his younger brother. After twice using his Iranian passport concurrent with his possession of a US passport he learned of DoD restrictions against dual passports, and he surrendered the Iranian passport. Applicant has Iranian and German family members, but no undue foreign influence exists. Clearance is granted.


Foreign Influence

06/02/2003

Applicant--a U.S. resident since 1992 and a citizen since 1997--is not subject to foreign influence where his father had emigrated to the U.S. in February 2003, his mother was awaiting imminent approval of her emigration visa in April 2003, and his brother--although still a resident and citizen of Belarus--is not in a position to be pressured in a way that could influence Applicant. Clearance granted.


Alcohol; Criminal Conduct; Drugs

06/02/2003

Applicant had a serious alcohol problem for about twenty-five years to July 1998, with drunk driving offenses in 1974, 1982, 1984, 1987, an alcohol-related reckless homicide in August 1975 for which he was awarded an indeterminate sentence of three years in prison, and two domestic incidents involving alcohol in 1998. He also smoked marijuana from 1974 to 1998, on a weekly basis through the 1980s. Facing divorce and the potential loss of a relationship with his daughter, Applicant committed himself to sobriety, and with the aid of counseling and Alcoholics Anonymous (AA), he has been drug and alcohol free since July 1998. Yet, pursuant to 10 U.S.C. 986, the Department of Defense is precluded from granting him a security clearance because of the prison term imposed for the 1975 reckless homicide. Clearance is denied.


Financial

06/02/2003

Applicant who accrued several debts that became delinquent following her ex-husband's work-related accident and ensuing disability, extenuates debts with showing of work-related injury and mitigates them by her showing of creditor remittance of surplus proceeds following repossession and credible assurances to negotiate payment of remaining two small debts. Clearance is granted.


Foreign Preference; Foreign Influence

06/02/2003

Applicant, a United States citizen from birth, acquired post-nuptial Irish citizenship and an Irish passport in 1995, for added security when traveling abroad. On being advised of the foreign preference concerns raised by the acquisition of foreign citizenship and use of a foreign passport, Applicant surrendered his Irish passport and commenced the process to relinquish his Irish citizenship. There is little risk of foreign influence raised by the dual citizenship (Ireland and United States) of his spouse, who has also applied to renounce her foreign citizenship, or by his mother-in-law's status as a citizen of the United Kingdom prior to her United States naturalization. Applicant's relationships with spousal relatives residing in Ireland are sufficiently casual to raise little security concern. Clearance is granted.


Foreign Influence

05/30/2003

The Applicant is a native-born American, not of Chinese ancestry. His wife of four years is Chinese, but she has filed the appropriate paperwork to begin the process of becoming an American citizen. Their marriage is not viewed well by her family, and they have been ostracized. The contacts with her family are infrequent, and her family are not agents of a foreign power, or in a position to be coerced by a foreign power. Adverse inference is overcome. Clearance is granted.


Criminal Conduct; Alcohol; Personal Conduct

05/29/2003

This 31-year-old employee of a defense contractor was convicted of alcohol-related offenses in 1992 and 1993, theft in 1993, and Reckless Driving, Eluding a Police Officer, and Resisting Arrest in May 1999. He failed to mention the first three convictions in his March 2000 security clearance application. No mitigation was shown. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

05/29/2003

Applicant's significant foreign contacts and his intentional falsifications on his security clearance application concerning his citizenship status, foreign passport and foreign travel have not been mitigated. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

05/29/2003

In view of applicant's 20 plus years of criminal activity, his dishonesty directed at the Government, and his failure to offer any credible evidence from independent sources indicating that he has reformed and is now reliable and trustworthy, it is not now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Foreign Preference; Foreign Influence

05/29/2003

The Administrative Judge's findings of fact are sustainable. The Judge failed to explain why he concluded Applicant's brothers in Mexico did not raise a significant security concern under Guideline B, yet concluded those brothers raised security concerns under Guideline C. However, because the Judge's overall decision is sustainable, no purpose would be served by remanding the case to clarify this matter. Applicant waived her opportunity to have legal representation during the proceedings below. Adverse decision affirmed.


Foreign Preference; Foreign Influence

05/29/2003

The Applicant has expressed a willingness to renounce her dual citizenship and does not have significant foreign contacts. Accordingly, she has mitigated the allegations against her. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

05/28/2003

An appealing party that claims there are errors or flaws with the Administrative Judge's decision must show that the Judge committed factual or legal error in writing a decision that falls within the scope of the Board's appellate jurisdiction. Even if the appealing party makes such a showing, the Board must consider whether the identified errors are harmful in nature. Judge erred by finding Applicant owes $670,000 in unpaid federal taxes. That error is harmless in light of the Judge's sustainable findings and conclusions. Applicant failed to demonstrate error that warrants remand or reversal. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

05/28/2003

The absence of any evidence that Applicant has mishandled classified information did not preclude the Administrative Judge from making an adverse security clearance decision. There is a rebuttable presumption that a Judge considered all the record evidence unless the Judge specifically states otherwise. The Judge's findings about Applicant's theft and falsification provide a rational basis for the Judge's adverse conclusions about Applicant's judgment, reliability, and trustworthiness. Adverse decision affirmed.


Foreign Preference; Foreign Influence

05/27/2003

The Applicant has revoked his Taiwanese citizenship and returned his Taiwanese passport. He never used the Taiwanese passport after becoming an American citizen. His wife and in-laws are Taiwanese citizens. His wife, however, has applied for naturalization and there is no evidence that the three of them are agents of a foreign power or in a position to pressure or coerce the Applicant. The Applicant's contact with his half-brother is casual and infrequent. Adverse inference is overcome. Clearance is granted.


Foreign Preference; Foreign Influence

05/27/2003

Applicant immigrated to the U.S. in 1982 from Lebanon. He became a U.S. citizen in 1993 and married a Lebanese citizen in 1994. Applicant and his wife claim dual citizenship as U.S. and Lebanese citizens. Since holding a U.S. passport, Applicant has renewed and used his Lebanese passport six times to travel to and from Lebanon. Applicant's parents and six siblings are citizens and residents of Lebanon and one brother is a dual citizen of Lebanon and Canada. Applicant's wife and children live in Lebanon with relatives for several weeks each summer. Applicant has continuing ties of affection and obligation to family members in Lebanon which create the potential for foreign influence that could result in the compromise of classified information. Clearance is denied.


Security Violations; Personal Conduct

05/27/2003

Sixty-four-year-old Applicant discovered classified information on a CD he was given so he could work at home. Applicant failed to properly secure or mark the CD or report the security violation to security officials. Applicant informed the project manager who convinced Applicant to keep using the classified materials to complete the project. Applicant failed to demonstrate it is in the national interest to grant him a clearance. Clearance is denied.


Criminal Conduct; Personal Conduct; Alcohol; Financial

05/23/2003

Administrative Judge properly noted that Applicant had the burden of presenting evidence to rebut, explain, extenuate, or mitigate facts admitted by Applicant or proven by Department Counsel. Considering the record evidence as a whole, it was not arbitrary, capricious, or contrary to law for the Judge to conclude Applicant had failed to present evidence sufficient to overcome the evidence presented against him. Neither the Judge nor the Board has the authority to grant a conditional or interim security clearance or to require an applicant to undergo random drug testing. The effect that an unfavorable security clearance decision will have on an applicant does not change the applicant's security eligibility. Adverse decision affirmed.


Alcohol; Criminal Conduct; Personal Conduct

05/22/2003

Thirty-seven-year-old applicant with five convictions for drunk driving deliberately omitted information on his security clearance application concerning medical and mental health treatment for his alcohol problems and deliberately provided false information about his recent return to drinking alcohol to an agent investigating his security worthiness. Finding is against Applicant on personnel security guidelines for alcohol consumption, criminal conduct, and personal conduct. Clearance is denied.


Drugs; Personal Conduct

05/22/2003

Applicant used marijuana from 1975 to 1982 frequently, and then tapered off. He failed to disclose the last two uses in 1998 in his security clearance application. He also failed to disclose his a job termination on his application when that information was specifically requested. Applicant mitigated these concerns by showing he has not used any illicit drugs in five years and has no intent to use again, coupled with other factors. His failure to disclose these two items on his application were successfully mitigated. Clearance is granted.


Criminal Conduct; Emotional, Mental, and Personality Disorders

05/22/2003

An applicant's personal conduct may have security significance even though it occurs during off-duty or non-work hours. Security clearance decisions involve predictive judgments about whether an applicant poses a security risk. Administrative Judge analyzed certain exhibits in an arbitrary and capricious manner. Judge erred by discounting certain exhibits for arbitrary and capricious reasons. Favorable decision remanded with instructions.


Foreign Influence

05/21/2003

The Applicant's mother-in-law and father-in-law live in South Korea. His 73 year old mother-in-law is a housewife, but is also a U.S. citizen. His 79 year old father-in-law is a Korean lawyer practicing family law. His father-in-law retired from the Korean Army 30 years ago, and is a Korean national. His cousin is a housewife. She is a citizen of and resides in Korea. His friend is a pastor. He is also a citizen of and resides in Korea. There is no evidence that any member of his family or his friend have any current connection with a foreign government or is in a position to be exploited by any government. Clearance is granted.


Criminal Conduct, Drugs, Financial, Personal Conduct

05/21/2003

Applicant with history of felony conviction and sentence in excess of a year is subject to mandatory clearance bar of Smith Amendment (10 U.S.C. Sec. 986). With accompanying history of recurrent drug use, unresolved financial problems and deliberate SF-86 omissions, he fails to mitigate trust/reliability concerns independent of Smith Amendment coverage. Clearance is denied.


Foreign Influence; Personal Conduct

05/21/2003

Applicant mitigated security concerns over foreign influence resulting from his sisters' citizenship in Iraq - two live in the United States and two live in Iraq. Given the changed circumstances in Iraq and the fact the none of the sisters has any tie to the government of Iraq, I conclude there is no substantial likelihood that the sisters would be subject to duress and thus exercise foreign influence over Applicant. Given his history of responsible conduct, I think it improbable that foreign pressure on his sisters would create a situation that could result in the compromise of classified information. His references attest to his good character, professionalism at work, and diligence in security matters. Clearance is granted.


Personal Conduct; Alcohol

05/21/2003

Applicant alleged to have sold and altered proprietary codes without authorization refuted allegations and mitigated other trust issues associated with his misuse of a company credit card and abuse of alcohol. Clearance is granted.


Financial; Personal Conduct

05/21/2003

Forty-six-year-old Applicant with a lengthy history of ignoring her financial obligations, made no effort whatsoever since 1987 to address those obligations, even after the security clearance review process commenced. She continuously furnished DSS differing stories regarding the specifics of the outstanding financial obligations, provided constantly changing misinformation pertaining to her intentions relative thereto, and falsely denied on her SF 86 any repossessions or delinquent debts, raising grave questions and doubts as to her security eligibility and suitability. Clearance is denied.


Foreign Influence

05/20/2003

The Applicant's retired parents are citizens of and reside in Germany. The Applicant's brother is also a German citizen and resides in Germany. He is a graphics designer. Her mother-in-law is deceased, but her 92 year old father-in-law is a citizen of and resides in Greece. Her Greek brother-in-law is a retired engineer, her Greek sister-in-law is a book editor. Finally, her Greek niece is only 15 years of age. There is no evidence that any of the Applicant's foreign relatives are connected with any country's government, or are in a position to be exploited by any country. Clearance is granted.


Financial; Personal Conduct

05/20/2003

Applicant's excessive indebtedness, brought on by taking on more responsibilities than he could handle, and his deliberate falsifications on his security clearance application concerning his outstanding judgment and delinquent debts have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence

05/19/2003

Thirty-nine year old naturalized American Applicant demonstrated that he is a man of good character and personal integrity. However, he was unable to mitigate foreign influence, based on the fact his parents are citizens and residents of Peoples' Republic of China and Applicant returns there to visit them. Clearance is denied.


Foreign Preference; Foreign Influence

05/19/2003

The Applicant is a U.S. citizen. She has renounced her Taiwanese citizenship and surrendered her Taiwanese passport. She has never used her Taiwanese passport since becoming a U.S. citizen. The Applicant's retired parents are citizens of and residents of Taiwan. One of her sisters is also a citizen of Taiwan, but resides in the U.S. There is no evidence that the Applicant's parents or sibling are connected with any country's government, or are in a position to be exploited by any government. Her other two sisters are U.S. citizens, and reside in the U.S. Clearance is granted.


Foreign Preference; Foreign Influence

05/19/2003

After becoming a naturalized US citizen, Applicant used his foreign passport to enter Iran on a one-time visit to see his sisters who remained in Iran. Applicant later learned of the DoD policy prohibiting the possession/use of foreign passports by an applicant for a security clearance, and he surrendered his foreign passport to the Iranian government. Applicant's sisters are now approved for US residency, and there exists no potential for duress. Clearance is granted.


Alcohol

05/19/2003

While Applicant's multiple alcohol-related arrests raised security concerns, Applicant stopped drinking in January 2001 and provided evidence which shows positive changes in his behavior supportive of sobriety for the past two years. According to both the government medical expert and his own treating physician, Applicant is fully rehabilitated and will remain so as long as he is committed to abstinence. Now that Applicant is on medication for his Bipolar disorder, both his doctor and the government's expert evaluation provide him a favorable prognosis. Clearance is granted.


Criminal Conduct; Personal Conduct

05/16/2003

Applicant's continuing refusal to acknowledge that she knowingly participated in illegal activity precludes a finding that it is now clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Financial

05/16/2003

The Applicant incurred in excess of $98,000 in past due indebtedness due to the failure of a business venture, and the concurrent loss of his primary employment. He sought the advice of "a certified specialist in small business and personal bankruptcy." He was unable to salvage the business venture; and as a result, was forced to file for the protection of bankruptcy. All of the Applicant's alleged past due debts, all related to the failed business, have been discharged. He is once again employed, has no past due indebtedness, and has a positive monthly cash flow. Clearance is granted.


Drugs; Personal Conduct

05/16/2003

Applicant, a 46-year-old aircraft painter, seeks a security clearance in connection with his defense contractor employment. Applicant used marijuana at various times between 1974 and 2000, and attended two drug and alcohol treatment programs after being identified by his employers' urinalysis testing program. However, Applicant failed to disclose this information on his security clearance application. Applicant failed to mitigate the disqualifying conditions exemplified by his conduct, and did not demonstrate it was in the national interest to grant him a clearance. Clearance is denied.


Criminal Conduct

05/16/2003

Fifty-one year old Applicant's 1974 arrest for Sale of Cocaine, Possession of Cocaine, Conspiracy to Sell Cocaine, and Possession of Marijuana, when he was 22-years old, and his subsequent conviction, following a plea agreement, of Sale of Cocaine, led to a sentence of imprisonment for three years. The clear evidence of successful rehabilitation, and the absence of any subsequent criminal conduct, would normally mitigate the government's security concerns. However, the application of 10 U.S.C. 986 disqualifies him from such eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is recommended.


Foreign Preference; Foreign Influence

05/16/2003

Applicant did not exercise foreign preference where his dual citizenship was based solely on his birth in a foreign country and his stated reluctance to bear arms against his former countrymen lacked security significance. Applicant mitigated foreign influence concerns 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.


Financial; Personal Conduct; Criminal Conduct

05/16/2003

Applicant, a 53-year-old computer systems administrator, willfully failed to file his federal income tax returns for three years, had a history of bad debts, and deliberately falsified his security clearance application. Applicant failed to sufficiently mitigate these security concerns to demonstrate it is clearly in the national interest to grant him a clearance. Clearance is denied.


Drugs; Financial; Personal Conduct

05/16/2003

Applicant's sixteen claims of error concerning hearing transcript lack specificity, fail to demonstrate error by the Administrative Judge, or highlight minor matters. Judge's findings about Applicant's marijuana use and falsification of a security questionnaire are sustainable. Judge did not err in her application of Adjudicative Guidelines. Adverse decision affirmed.


Financial

05/15/2003

Apart for two harmless errors, the Administrative Judge's findings of fact about Applicant's history of financial difficulties are sustainable. The Judge properly applied pertinent provisions of the Adjudicative Guidelines. Security clearance decisions are not controlled or limited by any statute of limitations. Security significance of Applicant's debts does not turn on whether they could be removed from his credit report after the passage of seven years. Applicant's history of unresolved financial difficulties provides a rational basis for the Judge's adverse conclusions. Adverse decision affirmed.


Foreign Preference; Foreign Influence

05/15/2003

Applicant has failed to fulfill the requirements of the Memorandum from the Assistant Secretary of Defense for Command, Control, Communications and Intelligence, dated August 16, 2000, entitled "Guidance to DoD Central Adjudication Facilities (CAF) Clarifying the Application of the Foreign Preference Adjudicative Guideline." (Money Memorandum.) By refusing to return his current Greek passport to the Greek Government. Additionally, he has stated that he has no intention of renouncing his Greek citizenship. Clearance is denied.


Drugs; Personal Conduct

05/15/2003

Applicant's use, possession and purchase of illegal drugs, including marijuana, cocaine, LSD, and methamphetamine, some of which occurred while working for a defense contractor has not been mitigated. His deliberate attempt to conceal his drug involvement on his security clearance application has also not been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

05/15/2003

Applicant, a naturalized U.S. citizen born in Taiwan with parents who are citizens and residents of Taiwan and a grandmother who is a citizen and resident of the Peoples Republic of China (PRC) and a U.S. citizen wife and U.S. born children, has successfully mitigated the foreign preference and influence concerns of the Government. His failure to state prior military service on his Questionnaire for National Security Positions (SF 86) was based on erroneous advice. His use of his Taiwan passport occurred before he became a U.S. citizen and is of no current security significance. Clearance is granted.


Alcohol; Personal Conduct; Criminal Conduct

05/15/2003

Applicant's excessive alcohol consumption, false official statements, and criminal conduct cause doubt as to his reliability and personal judgment in a security environment. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

05/15/2003

Applicant's excessive indebtedness has been mitigated. His failure to file his income tax returns for tax years 1998, 1990, and 1993 through 2000 has also been mitigated. There is no evidence of a deliberate attempt to conceal information concerning his tax lien on his security clearance application. Clearance is granted.


Financial

05/14/2003

As of February 2003, Applicant owes about $60,000.00 in the aggregate on accounts that fell delinquent in 1998/99 when he was laid off from his defense contractor job. He has made some effort of late to address his indebtedness, submitting half of the $291.97 balance owed on one credit card account, and contacting an attorney regarding a planned Chapter 7 bankruptcy filing. On their marriage in September 2002, Applicant's spouse assumed responsibility for paying the family's finances, and there is no indication of extravagant spending or new delinquencies. Yet with the bankruptcy not yet filed and with the imminent loss of his spouse's income, it is too soon to safely conclude that Applicant's financial problems are safely of the past. Clearance is denied.


Foreign Preference; Foreign Influence

05/14/2003

The Applicant attended the Turkish Naval Academy from 1982~1986. He also attended the U.S. Naval Postgraduate School from 1990~1992. In 1994, the Applicant had married a U.S. citizen; and as a result, was Honorably Discharged from the Turkish Navy in 1995. He became a U.S. citizen in March of 2000, and obtained a U.S. passport in April of 2000. He has since only used his U.S. passport to travel abroad. He has also renounced his Turkish citizenship and surrendered his Turkish passport. The Applicant's 65 year old father is retired from the Turkish Army, and his 70 year old mother is a housewife. His younger sister is a medical doctor, and she is also married to a doctor. There is no evidence that any member of his family has any current connection with a foreign government or is in a position to be exploited by any foreign government. Clearance is granted.


Foreign Influence

05/14/2003

Applicant is a naturalized American citizen seeking a security clearance. He has three older sisters in the Republic of China, Taiwan, and a mother-in-law, brother and sister-in-law there, all in non-governmental work positions. He has two younger sisters who live in the U.S. and are American citizens. Applicant has minimal annual or biennial contacts with his other sisters. Applicant has successfully mitigated any foreign influence concerns about a security risk by demonstrating the gravitas of his commitments are with the United States. Clearance is granted.


Financial; Personal Conduct

05/14/2003

Applicant owes fourteen creditors, some debts dating back to 1992. Applicant made material omissions on his security clearance application and was not truthful in his interview with an investigator. Applicant admits he cannot manage his finances and does not pay his bills, despite his declared willingness to repay the debts. Applicant offered no credible plan or commitment to repay these debts. His lack of truthfulness in providing required information on the security clearance application and during the investigation raises grave questions and doubts about his security eligibility and suitability. Clearance is denied.


Drugs; Personal Conduct

05/14/2003

Administrative Judge's factual error in the synposis was harmless. The Judge erred by finding that Applicant admitted to marijuana use over a period of eighteen years. The Judge's sustainable findings about Applicant's marijuana use (including use while he had a security clearance) and his conditional intention to not use marijuana in the future provide a sufficient rational basis for the Judge's adverse conclusions about Applicant's judgment, reliability, and trustworthiness. Adverse decision affirmed.


Foreign Influence

05/13/2003

Applicant's daughter is a citizen and resident of Russia. Mitigating Condition 1 does not apply. Clearance is denied.


Foreign Preference; Foreign Influence

05/13/2003

Applicant's possession of a foreign passport after he became a US citizen is mitigated by his timely action in returning the passport to the issuing government, and in renouncing any potential claim of dual citizenship. Applicant's family relations in his country of birth are not cause for a security concern, due to Applicant's evidence of strong ties with the United States. Clearance is granted.


Criminal Conduct

05/13/2003

Administrative Judge properly applied 10 U.S.C. 986 to Applicant's 1988 convictions. What constitutes a conviction under 10 U.S.C. 986 turns on federal law, not state law. Expungement of a state conviction does not render 10 U.S.C. 986 inapplicable. Board cannot consider new evidence on appeal. Judge's adverse conclusions under Guideline J are sustainable. Adverse decision affirmed.


Foreign Preference; Foreign Influence

05/13/2003

The Applicant has destroyed her Chinese passport, and returned it to the Chinese consulate. She never used the passport after becoming an American citizen. Her parents and brother are Chinese citizens. However, all three of the them now reside permanently in the United States and there is no evidence that they are agents of a foreign power or in a position to pressure or coerce the Applicant. Adverse inference is overcome. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

05/13/2003

Applicant's case in rehabilitation under criminal conduct and drug involvement is undermined by (1) her sworn statement in November 2001, demonstrating a continuing denial of her culpability in the criminal prescription forgery in November 1999, and (2) the lack of other current, independent evidence indicating she will not resort to drug abuse or criminal conduct in the future. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

05/13/2003

Thirty-four-year-old Naturalized American Applicant failed to mitigate false answers on a security clearance application, concerning possession of a foreign passport and foreign travel. Applicant also failed to completely mitigate foreign influence concerns and his actions failed to mitigate foreign preference concerns, even though he renounced his Lebanese citizenship and turned in his foreign passport. Clearance is denied.


Alcohol

05/12/2003

In 2000, Applicant was arrested for driving while intoxicated (DWI), he was evaluated for substance abuse, and diagnosed as alcohol abuse. No treatment was recommended other than attend DWI school. He still consumes alcohol on a daily basis. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from a debt of such magnitude. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

05/12/2003

Applicant, a 27-year-old employee of a defense contractor, used marijuana twice shortly before she submitted her security clearance application. She denied on her security clearance application that she had used any illicit drugs. She admitted to the use of the marijuana during a security investigation in 2001 in response to her filing of the security clearance application. Applicant failed to demonstrate it was in the national interest to grant her a clearance. Clearance is denied.


Drugs

05/12/2003

Applicant is a 27-year-old employee of a government contractor who has used marijuana 20 times since college in 1995 and continued to use until 2001. She now does not use and has no intention to resume use. Her fiancé and now husband used marijuana until February 2002 and does not presently use. Applicant apologized for past conduct and gave cogent family reasons for her intent not to use in the future. Clearance is granted.


Foreign Influence

05/12/2003

The Applicant has mitigated the concerns about possible foreign influence. His daughter is a native-born American citizen, residing with her father. He has instituted annulment proceedings against his wife, formerly co-habitant, who is a Chinese citizen. His two trips to China within ten years are not of security significance. Finally, his contacts with his brother are casual and infrequent. Adverse inference is overcome. Clearance is granted.


Criminal Conduct

05/12/2003

This 51-year-old engineer was convicted of the importation of 1.65 ounces of heroin more than 30 years ago, in 1972, and was sentenced to 5 years, suspended for 4 years. He had no prior criminal problems of any kind and has had none since. He has provided substantial evidence of a productive and law-abiding life for three decades. However, the conviction and sentence do come within the scope of 10 U.S.C. 986, which prohibits the granting of a security clearance to anyone with such a conviction and sentence.


Foreign Influence

05/12/2003

Applicant's mother is a citizen of Malta living in the U.S. Applicant lived in Malta for 15 years and has relatives who still live there. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the citizenship and location of her relatives. Clearance is granted.


Financial

05/12/2003

Applicant was involved in two automobile accidents. Following the first accident she brought her financial obligations current. Following the second, she was unable to pay approximately $28,000.00 on the eleven debts listed in the SOR and had to seek bankruptcy protection. All but one of the debts has now been discharged in bankruptcy. She currently has no financial difficulties. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from her past financial problems. Clearance is granted.


Foreign Influence; Sexual Behavior

05/09/2003

The Applicant had a months-long sexual relationship with a Filipino national in 2000-2001. He also sent money to this person over the following year and a half. He has since terminated the relationship with this person, and no longer sends her money. His friends, co-workers and family all know about the relationship; therefore he is no longer vulnerable to coercion or pressure. The Applicant's spouse is a British citizen. However, neither she nor their daughter nor her parents are agents of a foreign power. Adverse inference is overcome. Clearance is granted.


Personal Conduct; Sexual Behavior

05/09/2003

In 1998, Applicant was found guilty of indecent exposure and harassment. The behavior is not recent, there is no evidence of subsequent similar conduct, nor is there evidence of other questionable judgment. This coupled with his change in lifestyle is sufficient to mitigate or extenuate the negative security implications of his indecent exposure incidents. The additional allegation of making a false statement is unfounded. Applicant did not make a false signed, sworn statement. The facts he gave comport with those in the police report. Clearance is granted.


Foreign Influence; Foreign Preference; Personal Conduct

05/09/2003

Applicant, a naturalized U.S. citizen, raised security concerns by continuing to possess a valid United Kingdom and Northern Ireland (UK) passport and not disclosing it on his security clearance application. While he surrendered his UK passport to an official of the British Embassy, he is unwilling to renounce his UK citizenship and intends eventually to renew his UK passport and live in retirement in the UK. Furthermore, Applicant is strongly influenced by his guru, an Indian citizen, who resides in the UK. Applicant consults often with his guru and carries out financial and charitable activities with him. Clearance is denied.


Personal Conduct

05/08/2003

The Applicant was less than candid as to his past drug abuse on his May 1999 Security Clearance Application (SCA). He said "No" as to past drug use, when in fact he had used marijuana on an at times weekly basis during the period May 1992~August 1994. Clearance is denied.


Criminal Conduct

05/08/2003

In 1977, 25 years ago, the Applicant pled guilty to two counts of Sale of a Controlled Substance, felonies. He was sentenced to four years in the State prison, which was suspended. He was also fined $250 and placed on probation for five years, which was to run until 1983. In 1980, however, pursuant to a petition by the State, a State District Court Judge changed the Applicant's prior plea to "Not Guilty," and dismissed the charges against the Applicant. The provisions of 10 U.S.C. 986 apply. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Foreign Influence; Outside Activities; Personal Conduct

05/08/2003

Applicant, a Russian native, acquired naturalized citizenship in August 2000. Prior to their emigration to the U.S. in June 1994, Applicant and her spouse worked in furtherance of Russian nuclear power and military interests. Applicant has not acted to conceal these past employments for foreign government-run entities, having listed them on her applications for her current defense job and her security clearance. There is no evidence Applicant or her spouse is currently involved in outside employment or activities that pose a conflict with Applicant's security responsibilities. Clearly invested in her life in the United States and committed to making a contribution to the national interest through her work for a defense contractor, Applicant is not likely to be vulnerable to foreign influence. Clearance is granted.


Criminal Conduct

05/08/2003

In 1967, 35 years ago, the Applicant, then only 17 years of age, was arrested for, and subsequently pled guilty to, Assault with Intent to Kill with Malice, and Attempted Robbery in the First Degree with a Dangerous and Deadly Weapon, both felonies. He was sentenced to "3 1/3" years of incarceration in an "Intermediate Reformatory for Young Men," of which he spent only six months incarceration after his conviction. The provisions of 10 U.S.C. 986 apply. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Financial; Criminal Conduct; Personal Conduct

05/08/2003

Applicant's continuing financial problems require a denial of his clearance request. Clearance is denied.


Financial

05/08/2003

Applicant extended himself financially by purchasing a home in order to move his family out of a crime-ridden neighborhood into a safer area. Applicant's cost of living rose, but his income fell due to a job-related injury, causing missed payments on his mortgage. To stay foreclosure proceedings, Applicant filed Chapter 13 bankruptcy proceedings three times. He avoided foreclosure and he is now current on his mortgage payments and other financial obligations. Clearance is granted.


Criminal Conduct

05/08/2003

A conviction falls under within the scope of 10 U.S.C. 986 when the applicant was sentenced to a term of imprisonment for a term exceeding one year regardless of whether the sentence of imprisonment was suspended and regardless of the amount of time in jail the applicant actually served. Adjudication of a case under 10 U.S.C. 986 does not relieve an Administrative Judge from applying pertinent provisions of the Directive in a manner that is consistent with the requirements of that statute as implemented by the Deputy Secretary of Defense's June 7, 2001 memorandum. Given the record evidence in this case, the Judge erred by not explaining why she concluded no Criminal Conduct mitigating conditions were applicable. Judge's error does not warrant remand or reversal. Judge properly concluded Applicant's 1984 conviction falls under 10 U.S.C. 986. Adverse decision affirmed. The Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986.


Criminal Conduct

05/08/2003

Adjudication of a case under 10 U.S.C. 986 does not relieve an Administrative Judge from applying pertinent provisions of the Directive in a manner that is consistent with the requirements of that statute as implemented by the Deputy Secretary of Defense's June 7, 2001 memorandum. Given the record evidence in this case, the Judge erred by not explaining why he concluded no Criminal Conduct mitigating conditions were applicable. Judge's error does not warrant remand or reversal. Judge properly concluded Applicant's 1976 conviction falls under 10 U.S.C. 986. Adverse decision affirmed. The Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986.


Financial; Personal Conduct

05/07/2003

Board will not review the record evidence de novo. Board cannot consider new evidence on appeal. This appeal presents an unusual situation where the lack of specificity in the SOR, the nature of the evidence presented by Department Counsel, and somewhat problematic language in the Judge's decision, taken together, leave the Board unable to discern the Judge's findings, conclusions, and reasoning about Applicant's alleged falsification sufficiently to resolve the merits of Applicant's appeal. Case remanded with instructions.


Criminal Conduct; Alcohol; Financial; Personal Conduct

05/07/2003

As a result of his excessive consumption of alcohol, Applicant was involved in several drunk driving incidents and an assault with a dangerous weapon. He has had financial problems since at least 1992 when he filed for Chapter 7 bankruptcy. He deliberately omitted from his security clearance application relevant information about his debts. Despite mitigating the criminal conduct and alcohol consumption personnel security guidelines, Applicant did not sufficiently mitigate the financial considerations and personal conduct guidelines. Clearance is denied.


Financial

05/07/2003

Applicant failed to resolve a series of debts dating back several years. Applicant's history of not meeting his financial obligations, despite the small amounts of each of these debts, his apparent ability to have paid them over the past several years, and his proclaimed willingness to have paid them over an eighteen month period, raises grave doubts and questions as to his security eligibility and suitability. Applicant has not mitigated these concerns. Clearance is denied.


Foreign Influence

05/06/2003

Applicant is a 44-year-old married woman who immigrated to the U.S. from Nigeria and has since obtained U.S. citizenship, had five native-born children, earned a college degree in accounting, and, along with her husband, runs a successful company providing administrative and information technological services to the government. Although she has ties to Nigeria based on visiting and financially supporting her elderly mother and mother-in-law, those circumstances are unlikely to make Applicant potentially vulnerable to foreign influence. Moreover, Applicant's ties to the U.S. are so substantial that she can be expected to resist and report any potential foreign influence or pressure. Clearance is granted.


Financial

05/06/2003

Board cannot consider new evidence on appeal. Applicant is not entitled to have the record in his case kept open to allow him additional opportunities to present evidence on his behalf. There is no presumption of error below and the appealing party has the burden of raising claims of error with specificity and demonstrating factual or legal error that warrants remand or reversal. Adverse decision affirmed.


Financial

05/06/2003

The Applicant has past due indebtedness in excess of $19,000 to eleven different creditors. His past due indebtedness is a result of a number of factors: immaturity, being unprepared for married life, the recent loss of his spouse, and underemployment. There are two debts, totaling about $260, that he has apparently satisfied. However, he is presently barely surviving on welfare; and as such, the Applicant is unable to address any of his other past due indebtedness. Clearance is denied.


Criminal Conduct; Personal Conduct

05/06/2003

Applicant's 1983 convictions for armed and unarmed robbery, and subsequent sentence to more than one-year imprisonment requires revocation of his clearance under 10 U.S.C. 986 notwithstanding that Applicant's demonstrated rehabilitation warranted granting his clearance in 1990 without a due process procedure. Sexual misconduct from 1997--that resulted in revocation of his clearance in a 1998-1999 due process proceeding--lacked current security significance, both because of DOHA's granting Applicant's reapplication request in 2000 and because subsequent reinvestigation revealed Applicant's continued recovery from the condition that lead to the 1998 revocation. Clearance denied.


Criminal Conduct

05/05/2003

This 58-year-old manager for a defense contractor was arrested, charged and/or convicted of drug -related offenses on four occasions between 1964 and 1975. He was sentenced to more than one year imprisonment on two occasions in 1975, and actually served 15 months. He has since then led a law abiding life, and has made significant contributions to his employer and community. He has demonstrated mature judgment, reliability, and trustworthiness for at least 27 years. However, the convictions and sentences do come within the scope of 10 U.S.C. 986, which prohibits the granting of a security clearance to anyone with such a conviction and sentence. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. Section 986.


Drugs

05/05/2003

Applicant's approximately 20 months of abstinence, together with his credibly stated intention not to use marijuana in the future, is sufficient to overcome the Government's case under Guideline H. Clearance is granted.


Financial

05/02/2003

Applicant has four outstanding debts. He admits two of them and paid them in January 2003. He states he is unaware of the other two, totaling $214.00, one of which goes back to 1990 and the other to 1995. He denies these debts. Applicant's prompt payment of the two largest debts, totaling $8,854.91, shows his good faith efforts to resolve these debts. Applicant successfully mitigated these older isolated debts by payment and has incurred no recent debts which are not being repaid regularly. It is clearly consistent with national security to continue Applicant's security clearance. Clearance granted.


Personal Conduct

05/02/2003

Applicant has failed to overcome the rebuttable presumption that the Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. The Judge's findings about the facts and circumstances of an October 1994 incident are sustainable. The Judge's findings that Applicant engaged in falsification are sustainable. Adverse decision affirmed.


Criminal Conduct

05/01/2003

Administrative Judge properly concluded Applicant's 1988 convictions fall under 10 U.S.C. 986 and precluded a favorable security clearance decision. Adverse decision affirmed. Board does not recommend Applicant's case be further considered for a waiver under 10 U.S.C. 986.


Criminal Conduct; Personal Conduct

04/30/2003

Applicant with lengthy history of shoplifting that includes relatively recent arrests and dispositions, compounds the Government's security concerns by omitting her treatment for a mental disorders and one of her shoplifting arrests without acceptable explanations. Clearance is denied.


Criminal Conduct

04/30/2003

In 1983. Applicant pled guilty to, and was convicted of, manslaughter for causing the death of a pedestrian as a result of a drunk driving accident. He was sentenced to between 2 and 6 years' imprisonment. He has abstained from consuming any alcohol since the accident, been gainfully employed, and has not been in trouble with the law since then. He has held a security clearance for a number of years. However, 10 U.S.C. 986 prohibits the Department of Defense from granting Applicant a security clearance absent a waiver by the Secretary of Defense. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Drugs

04/30/2003

Forty-nine year old Applicant's irregular, but sustained, abuse of marijuana - including purchase, possession, use, and sale - during 1970-2001, a period during which he held a security clearance; as well as his occasional abuse of hashish - including purchase, possession, and use - during 1970-82, again, a period during which he held a security clearance; and his changing position vis-a-vis substance abuse, referring to his July 2001 declaration that he may continue to abuse marijuana in the future, and that it will be his "judgment call" as to whether or not he will do so, contrasted with his more recent (November 2002) statement that he will not use marijuana in the future, leave grave doubts as to his continued security eligibility. Furthermore, the application of 10 U.S.C. 986 disqualifies him from such eligibility. Clearance is denied.


Personal Conduct

04/29/2003

This 51-year-old painter for a defense contractor answered "no" in his December 1998 security clearance application to Questions 21 (felony offenses) and 24 (alcohol-related offenses), when he should have answered "Yes," and reported three such offenses in 1969 and 1972 (twice). Applicant's explanations were reasonable and consistent in indicating that while he was mistaken in how to answer the questions, he did not act with the intent to deceive. Strong support from others who have known him for many years, including a judge, shows him to have become a man of integrity. Mitigation has been established. Clearance is granted.


Foreign Influence

04/29/2003

Applicant mitigated security concerns over foreign influence from his family and other ties to his country of birth, India. Given his strong ties to the United States where he has lived 25 years and as he has been a naturalized citizen since 1984, I conclude there is no substantial likelihood that his family ties would lead to foreign influence over Applicant. Further, Appliant has a long history of responsible conduct in the US military where he had a security clearance for twenty years. I conclude it is improbable that foreign pressure on his family would create a situation that could result in the compromise of classified information or subject him to duress. Further, his references attest to his good character and professionalism at work. Clearance is granted.


Financial

04/29/2003

The Applicant lost about $15,000, or about $400 per month, from gambling during the period 1995~1998. As a result of this gambling, the Applicant was forced to file for the protection of bankruptcy in April of 1998. Since filing for bankruptcy, the Applicant has reduced his gambling by 90%, gaming at most $40 each month. In the last five years, he has had no further past due indebtedness, and has over $7,000 in the bank. Clearance is granted.


Personal Conduct; Drugs; Criminal Conduct

04/29/2003

Applicant's personal conduct, drug use, and criminal conduct raise security concerns. He knowingly and willfully omitted adverse information from his security form and misrepresented information about his employment history and past and current drug use. Applicant failed to meet his duty to disclose his illegal drug use that continued until March 2000 even though he understood such marijuana use was against the government's security policies. His hard work and favorable references do not erase the security significance of his material false statements; while to his credit he has abstained from any marijuana use for three years, security concerns persist over his drug use which continued even after he applied for a security clearance. Clearance is denied.


Financial

04/29/2003

Board cannot consider new evidence on appeal. Administrative Judge's findings of fact about Applicant's history of financial difficulties are sustainable. Applicant's unadorned speculation about the Judge's motivation falls far short of raising any colorable claim of age discrimination or other bias by the Judge. Security clearance decisions are not limited to consideration of an applicant's conduct during duty hours. An applicant's expertise or ability to contribute to the national defense effort is not a measure of whether that applicant demonstrates the high degree of judgment, reliability or trustworthiness that must be reposed in persons granted access to classified information. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

04/29/2003

The Applicant was arrested and convicted in State court in 1988 for one count of Possession of Controlled Dangerous Substance and one count of Conspiracy to Distribute Controlled Dangerous Substance. She was sentenced to three years incarceration. The sentence was suspended and she was awarded three years formal probation. The Applicant subsequently falsified a questionnaire regarding this conviction. Title 10 U.S.C. 986 applies. Adverse inference is not overcome. Clearance is denied.


Financial; Personal Conduct

04/29/2003

Twenty-nine year old Applicant's history of not meeting her financial obligations, accompanied by deliberate refusal to attend to them purportedly because of a dispute with her third ex-husband, and a tepid recent effort to address them after repeatedly declaring she would resolve them, only after the security clearance review process commenced, raises grave questions and doubts as to her security eligibility and suitability. Clearance is denied.


Personal Conduct

04/29/2003

Applicant is a reformed drug user with sixteen years of sobriety and an excellent work record. In 2000, she quarreled with her then-fiancé about his refusal to stop using drugs, and in an ensuing struggle Applicant cut him with a knife, inflicting a superficial wound. Applicant was arrested, but charges were dropped. Applicant and her fiancé reconciled and later married, and the couple has demonstrated a stable, productive and drug-free lifestyle for three years. Clearance is granted.


Criminal Conduct

04/28/2003

Fifty-one year old Applicant's 1985 arrest (when he was 33 years old) for possession of a controlled substance (marijuana), to which manufacturing a controlled substance (marijuana) was added, and his subsequent conviction, upon his plea, of possession of a controlled substance (marijuana), with the additional charge being nolle prossed, led, in part, to a sentence of imprisonment for five years (four of which were suspended). The evidence of successful rehabilitation and the absence of any subsequent criminal conduct would normally mitigate the government's security concerns. However, the application of 10 U.S.C. 986 disqualifies him from such eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is not recommended.


Foreign Preference; Foreign Influence

04/28/2003

A native citizen of Portugal, Applicant became a United States naturalized citizen and obtained a United States passport in March 1994. His Portuguese passport, issued before he acquired United States citizenship, has expired and he has no intent to renew it. He has some funds in a savings account in Portugal, but the majority of his assets are in the United States, where he plans to remain. While his parents and other relatives are resident citizens of Portugal, there is little risk of foreign influence presented by the foreign citizenship and residency of these family members. Clearance is granted.


Foreign Influence

04/28/2003

Applicant, a US citizen by birth, and married to a Nicaraguan citizen who fled Sandinista repression in 1982 with her family and were granted political asylum in the US, migrates any risks of foreign influence through shown stabilizing political and economic developments in Nicaragua and the absence of any indications in the record that any of the relatives of Applicant's spouse are at any danger or risk to coercion or compromise. Clearance is granted.


Foreign Preference; Foreign Influence

04/28/2003

Applicant immigrated to the United States in 1990 and became a U.S. citizen in 1998. Other than his immediate family, all his relatives live on Taiwan. His spouse became a U.S. citizen in 1998 also. He and his spouse retained possession of their Taiwanese passports after becoming U.S. citizens, then obtaining and using U.S. passports for trips to Taiwan. Applicant seemed to hold dual citizenship, but formally renounced it and surrendered his passports when he discovered there was a problem with his current situation. Applicant successfully mitigated the foreign preference and influence concerns by showing his dedication to the United States and his preference for living in the United States. Clearance is granted.


Foreign Preference; Foreign Influence

04/28/2003

Applicant emigrated at the age of 22 from Bosnia Herzegovina (B/H) to the United States during the civil war in B/H, obtained bachelor and master's degrees, and became an United States citizen along with her parents and sister. She now seeks a security clearance because she works for a defense contractor as an electrical engineer. She possessed a B/H passport prior to becoming a U.S. citizen, and retained it after becoming a citizen. Her only step-sister continues to remain in B/H where she has lived all her life, taking care of her ill husband and two children. Applicant renounced her B/H citizenship, surrendered her B/H passport, and obtained a U.S. passport which she uses exclusively for any foreign travel. Applicant demonstrates no foreign preferences or allegiances over those she owes to the United States. Clearance granted.


Financial; Personal Conduct

04/28/2003

The Applicant has a history of not meeting her financial obligations, as evidenced by a foreclosure on her house in 1996, resulting in $5,709 in past due indebtedness, which is still owing. More recently, since September 2000, she had a $828 credit card debt that was also more than 180 days past due. The Applicant paid her credit card debt in September of 2001. She was also less than candid in answering question 35 on her March 2000 Security Clearance Application (SCA). She failed to list her 1996 foreclosure. However, she did truthfully answer questions 38 and 39 as to her past due indebtedness. Her credit card debt was not 90 or 180 days past due when she executed her SCA. Clearance is denied.


Criminal Conduct; Alcohol

04/28/2003

In 1982-1983, Applicant's alcohol abuse was the cause of three automobile collisions resulting in serious personal injury, property damage, and a fatality. In 1984, Applicant was sentenced to three years' imprisonment upon conviction of vehicular homicide while intoxicated. In about 1990, Applicant returned to occasional alcohol consumption and she expresses an intent to continue drinking alcohol in the future on a moderate basis. For clearance purposes, this poses a risk of relapse and further alcohol abuse. Applicant's request for clearance is denied under 10 U.S.C. 986. Waiver by the Secretary of Defense is not recommended.


Foreign Influence; Criminal Conduct

04/25/2003

The Applicant has little contact with his adopted father, his stepmother and minor half-brother, all of whom live in Finland. There is also no evidence that his now retired father, stepmother or half-brother are connected with any country's government, or are in a position to be exploited by any country. As to his past criminal conduct, they involved domestic disputes that occurred in 1995, and twice again in 1997. The Applicant has successfully completed a domestic violence program, completed his probation, and he and spouse have since reconciled. As his last, and only, misdemeanor conviction was more than five years ago, it is distant enough in time so as not to be of present security significance. Clearance is granted.


Foreign Preference

04/25/2003

Applicant obtained and still retains a passport of Iran through her citizenship of that country before becoming a U.S. citizen. She has used that passport to travel to Iran. She has made no effort to surrender the passport. She also has relatives in Iran. Applicant was apprised of Department of Defense (DoD) policy set forth in the "Money Memorandum" of August l6, 2000, and has not complied with its requirements. Clearance denied.


Foreign Influence

04/25/2003

The security concerns raised by a 57-year old Iranian-born naturalized American Applicant with a permanent resident, non-U.S. citizen, wife (a citizen of Iran), and a mother (with whom he retains a close telephone relationship), siblings and in-laws (with whom he has no closer than a casual or infrequent relationship, if that), who are residents and citizens of Iran, none of whom are agents of that foreign government or in a position to be exploited by that government, have been mitigated by the evidence developed herein. Clearance is granted.


Criminal Conduct; Personal Conduct; Financial

04/25/2003

Applicant has a history of criminal conduct which he falsely denied or minimized on his security questionnaire, and he also falsified information pertaining to unpaid debts and a former job termination. Applicant's evidence in rebuttal is not persuasive. Clearance is denied.


Foreign Preference; Foreign Influence

04/25/2003

This 48-year-old engineer/scientist is a U.S. citizen by birth to American parents in Brazil. He has resided in the U.S. for 25 years, graduated from college, and raised his family here. He has relatives in Brazil, but they are not in a position to persuade Applicant into acting against U.S. interests. He has renounced his Brazilian citizenship and surrendered his Brazilian passport. He has shown an unequivocal preference for the United States. Mitigation has been shown. Clearance is granted.


Criminal Conduct; Personal Conduct

04/25/2003

Applicant's multiple falsifications of his security clearance application suggests he can not be relied upon to reveal the truth if the truth presented potential adverse consequences for his personal interests. Applicant's two arrests on domestic violence charges in April and May 1996 cast further doubt on his fitness for access to classified information, but are mitigated by their remoteness in time without recurrence. Clearance denied.


Alcohol

04/25/2003

Applicant's treatment and alcohol-related arrest in 1998 and his subsequent diagnoses of alcohol abuse and/or dependence raise security concerns that have not been mitigated. While Applicant has shown some positive changes, he has ignored the diagnoses in 1998 and again in 2002 by credentialed medical professionals of alcohol abuse and has continued to consume alcohol. While his isolated alcohol incident does not show a pattern (but was the basis for discharge from the military), he has yet to make a decision not to drink again; thus, doubt remains as to whether he is fully rehabilitated. Clearance is denied.


Personal Conduct; Financial

04/25/2003

Applicant is a 32-year-old married man employed by a defense contractor as an aircraft washer with a history of financial problems (delinquent debts) attributed to two periods of significant health problems (encephalitis in 1997 and a stroke in 2000), both of which hospitalized him for a month as well as periodic unemployment in 1997 - 1999 through no fault of his own. He is now making good-faith efforts to resolve his past due indebtedness. The record evidence is insufficient to establish Applicant provided a deliberately false answer in response to a question on his security-clearance application about financial delinquencies. Clearance is granted.


Financial; Personal Conduct

04/25/2003

While Applicant's financial problems stemming from his wife's business problems and his subsequent divorce raised security concerns, he has resolved his debts to multiple creditors and mitigated those concerns by paying one creditor and discharging the other debts in bankruptcy in December 2002. He has one state tax debt he has yet to resolve, but Applicant demonstrated that conditions largely beyond his control led to this debt due to his efforts to try to help his wife in her business and the subsequent divorce stipulations. While Applicant still owes over $11,000 to the state, he has presented a plan to resolve this debt. Thus, he has demonstrated that he is making a "good faith" effort to pay this debt. Applicant also mitigated personal conduct concerns over his financial disclosures in his security application. Clearance is granted.


Foreign Influence

04/25/2003

All members of Applicant's immediate family are citizens of Sudan or Morocco. Applicant sufficiently mitigated the foreign influence security concerns. Clearance is granted.


Financial; Criminal Conduct

04/24/2003

The Applicant was either unemployed or underemployed from 1989~1996. As a result, he suffered financial difficulties, and each year was unsure if he earned enough income to file a tax return. As to his Federal Income Tax returns for tax years 1989~1995 and 1997, they "have been filed and processed" by the IRS. He owes no past due tax debt to the IRS. As to his State Income Tax returns for tax years 1989~1994 and 1997, the Applicant need only file for tax years 1991 and 1992. The State, however, has agreed to a payment by the Applicant in lieu of these filings. He owes about $9,000 in back taxes to the State, and is paying off this past due debt at double the rate required by the State. As to the other three past due debts, these have been paid in full. Clearance is granted.


Sexual Behavior; Foreign Influence

04/24/2003

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


Drugs

04/23/2003

The Applicant used marijuana five to ten times a year from 1987 until at least February 2002. He also purchased marijuana from 1987 until 1994. Given the recency of Applicant's drug use, insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Personal Conduct; Drugs

04/22/2003

This 55 year old Applicant was granted Secret-level security clearances in 1979 and 1988. He has admitted using marijuana while holding those security clearances, but did not reveal his use of marijuana on a security clearance application he filed in 1998. In 1998, in an attempt to elicit the full history of Applicant's use of marijuana, an agent of the Defense Security Service questioned him several times. As a result of that investigation, Applicant's security clearance was revoked in 1999. In 2001, Applicant, filed a security clearance application in which he denied ever using a controlled substance while holding a security clearance. While Applicant submits evidence of competence and hard work in his Federal job, these submissions do not mitigate the breach of trust implicit in his use of drugs while he held two security clearances. Clearance is denied.


Criminal Conduct

04/22/2003

Board cannot consider new evidence on appeal. Nothing in Executive Order 10865, DoD Directive 5220.6, or general principles of due process entitle Applicant to have multiple opportunities to present evidence for consideration in his case. The Administrative Judge correctly concluded that 10 U.S.C. 986 precluded him from making a favorable security clearance decision in Applicant's case. Adverse decision affirmed. Board does not recommend consideration of this case for a waiver of 10 U.S.C. 986.


Foreign Influence

04/22/2003

The security concerns raised by a 53-year old native-born American Applicant with a permanent resident, non-U.S. citizen, wife (a citizen of Argentina) and in-laws who are residents and citizens of Argentina, none of whom are agents of that foreign government or in a position to be exploited by that government, as well as continuing casual and infrequent professional and personal relationships with individuals who are members of the Argentine military, have been mitigated by the evidence developed herein. Clearance is granted.


Foreign Influence; Foreign Preference

04/22/2003

Applicant's dual citizenship is based upon is birth in Bulgaria. His conduct since moving to the United States approximately 12 years ago with his immediate family members has indicated a clear preference for the United States over Bulgaria. Clearance is granted.


Criminal Conduct

04/22/2003

Following a domestic altercation in early January 2001, Applicant and his then live-in girlfriend were granted protective orders. In February 2001, Applicant was charged with a violation of protective order for contacting this girlfriend (at her request). In March 2001, he was charged with three counts of misdemeanor domestic violence/simple assault following allegations by this girlfriend of biting her index finger in August 2000, choking her in December 2000 and grabbing and squeezing her arm in early January 2001. Sentenced in June 2001 to twelve months in jail (deferred for one year) for violating the protective order, Applicant in August 2001 pleaded nolo contendere to one count of simple assault for his conduct in August 2000. Given the limited evidence reflective of aggressive behavior on Applicant's part, and the termination of his relationship with this individual, there is little risk, if any, of Applicant committing criminal assault in the future. Clearance is granted.


Financial; Personal Conduct

04/22/2003

The Administrative Judge's findings and conclusions about Applicant's history of financial difficulties are sustainable. Even in the absence of any security violations, the federal government can deny or revoke access to classified information based on conduct or circumstances that raise security concerns. The Judge's finding that Applicant falsified a security clearance questionnaire is sustainable. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

04/22/2003

The Applicant was less than candid when he answered question 21 on his December 1999 Security Clearance Application (SCA). He answered "No" as to "Felony Offenses," when, in fact, he was charged with felony offenses in 1972, 1974, 1978 and 1985. He was also convicted of felonies and sentenced to more than a year of imprisonment in 1977, 1979 and 1985. He was also less than candid when he answered question 22 on his December 1999 SCA. He answered "No" as to "Firearms Offenses," when, in fact, he was charged with firearms offenses in 1979, 1980 and 1985. The Applicant's fairly recent falsifications, coupled with his three prior felony convictions, are clearly of present security significance. Clearance is denied.


Financial

04/22/2003

This 52-year-old employee of a defense contractor was arrested and/or convicted of alcohol-related crimes on ten occasions between 1982 and 1998. In March 1999, he entered a two-year alcohol rehabilitation as a result of the 1998 arrest. He completely abstained from alcohol while in the program, began drinking beer again (up to a six pack in two weeks) after the completion of the program in April 2001, and finally stopped completely on December 31, 2001. He has had no problems with the law since 1998, and has a positive work record. He regularly attends AA meetings and has a strong support structure. Applicant has adequately demonstrated rehabilitation. Clearance is granted.


Drugs; Criminal Conduct

04/21/2003

Applicant is a 32-year-old engineer who made a serious mistake in judgment from October 1998 to April 1999, when he became involved in the illegal importation of up to 25,000 pills of ecstacy, which he also used and sold. He also used and sold marijuana during the same period. He cooperated with law enforcement after he was apprehended receiving a shipment of ecstacy. His criminal conduct misconduct and drug use was too extensive and is still too recent to establish rehabilitation. No mitigation has been established. Clearance is denied.


Financial; Personal Conduct

04/21/2003

Applicant is a 43-year-old married man employed by a defense contractor as a life support supervisor with a history of financial problems as evidenced by charged off bad debts, an automobile repossession, a paid money judgment, and approximately $750,000 owed to more than 200 creditors stemming from the business activities of his corporation, of which he is the sole corporate officer. Given that Applicant has no realistic or firm plan to resolve any of the indebtedness, he is unable to mitigate the security concerns raised under Guideline F for financial considerations. Clearance denied.


Financial; Personal Conduct

04/21/2003

The Applicant has no past due indebtedness. He avers, credibly, that he had filed his Federal Income Tax returns for tax years 2000 and 2001. Clearance is granted.


Foreign Preference; Foreign Influence

04/18/2003

Applicant, a 31-year-old native-born U.S. citizen, applied for and became a Spanish citizen, exercised dual citizenship by using a Spanish passport, and indicated his intent to renew his Spanish passport and maintain his citizenship to facilitate inheriting Spanish real estate owned by his parents. Applicant sufficiently mitigated these security concerns by renouncing his Spanish citizenship, having the Spanish passport canceled, and demonstrating that his foreign connections would not make him vulnerable to coercion, exploitation, pressure, or influence. Clearance is granted.


Personal Conduct; Criminal Conduct

04/18/2003

The Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. Even in the absence of a security violation, the federal government can deny or revoke access to classified information based on facts and circumstances that raise security concerns. The possibility of adverse job consequences following from an unfavorable security clearance decision is not relevant or material to the Judge's assessment of the applicant's judgment, reliability, and trustworthiness. Board cannot consider new evidence on appeal. Adverse decision affirmed.


Foreign Influence; Foreign Preference

04/18/2003

Nothing in Executive Order 10865 or DoD Directive 5220.6 indicates or suggests that an applicant must be granted a security clearance unless the applicant's conduct and circumstances fall under or implicate all thirteen Guidelines listed in the Directive. There is no presumption of error below, and the appealing party has the burden of raising claims of error with sufficient specificity to enable the nonappealing party and the Board to discern what error the appealing party is claiming the Judge committed. Under the terms of the ASDC3I memorandum concerning possession and use of a foreign passport, Applicant's continued possession of an Iranian passport precludes a favorable security clearance decision. Precedential value of decisions by Hearing Office Administrative Judges discussed. Applicant's statement that he will allow his Iranian passport to expire in the future does not take his case outside scope of ASDC3I memorandum. Adverse decision affirmed.


Personal Conduct

04/16/2003

The Applicant answered "No" to questions 23 and 24 on his Questionnaire for National Security Positions (QNSP). Relying on the past advice of his high school counselor, he did not disclose two 1995 vehicular theft charges when answering question 23. He had forgotten about his one time use of marijuana when answering question 24. He disclosed this one time drug usage to the Defense Security Service (DSS) Agent voluntarily and without being confronted as to the usage. The DSS Agent felt the Applicant was telling the truth regarding his two responses, and people who know the Applicant aver that he is a truthful person. Clearance is granted.


Foreign Preference; Foreign Influence

04/16/2003

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


Foreign Preference; Foreign Influence; Outside Activities

04/16/2003

Applicant, a 55-year-old naturalized U.S. citizen, has immediate family members who are citizens and residents of Taiwan. He worked for the Taiwan Government for six months while possessing a U.S. security clearance. He failed to notify his security officer of his move to Taiwan and harbors deep concerns for the future of Taiwan. Applicant failed to sufficiently mitigate foreign preference and foreign influence personnel security concerns, or to demonstrate it is in the national interest to grant him a clearance. Clearance is denied.


Drugs; Personal Conduct

04/15/2003

Having warned her daughter repeatedly about the dangers of illegal drug use, Applicant gave in to her curiosity and snorted cocaine on one occasion at a party in September 2001. At the time employed at a nuclear power facility where she required clearance for access to sensitive areas, Applicant tested positive for cocaine during a random test conducted on her return to work after the weekend. She lost her clearance and could no longer work at the nuclear power plant. Even worse for Applicant, she had to admit to her daughter that she might lose her present job because of the illegal drug involvement. Applicant deeply regrets her cocaine use and has no intent to use any illicit drug in the future. Clearance is granted.


Financial; Foreign Influence; Outside Activities

04/15/2003

The Applicant has in excess of $125,000 in past due indebtedness. She incurred this debt since 2001, in an effort to get her and her spouse's space launch business off the ground. It is only recently, eight days before her hearing, that she has contacted her creditors in an effort to begin to satisfy this past due indebtedness. She and her husband hope to establish their space launch business on the ------ -- -----, and have established a business relationship with the ----- --------- -- ----- in order to perfect their hope. A Canadian investor owns only 1.5 % of their company. Clearance is denied.


Financial; Personal Conduct

04/15/2003

Applicant with a short history of financial problems (associated with a business failure), which he cured through bankruptcy and subsequent payment of a surviving state tax debt, and omission of old debts in an SF-86, extenuates and mitigates his financial problems, disproves falsification allegations, and demonstrates his overall honesty and trustworthiness. Clearance is granted.


Criminal Conduct; Personal Conduct; Financial

04/15/2003

Board cannot consider new evidence on appeal. The Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. Nothing in Executive Order 10865 or DoD Directive 5220.6 indicates or suggests that a favorable security clearance decision must be made unless a Judge enters a majority of formal findings against an applicant. The Judge properly concluded that Applicant's 1989 drug-related conviction falls under the terms of 10 U.S.C. 986. Because the Judge's adverse decision is being affirmed on grounds independent of the application of 10 U.S.C. 986, the Board does not make a recommendation as to whether this case should be considered for a waiver under 10 U.S.C. 986. Adverse decision affirmed.


Alcohol; Criminal Conduct

04/15/2003

Applicant has failed to overcome the rebuttable presumption that the Administrative Judge is impartial and unbiased. Applicant has persuasively demonstrated the Judge made various errors in his factual findings. The Judge failed to adequately articulate or explain some of his reasoning and conclusions. Case remanded with instructions.


Foreign Preference; Foreign Influence

04/15/2003

Security concerns remain over Applicant's foreign preference based on his dual citizenship by birth, his foreign military service, and his use of his foreign passport (which he renewed) even though he had a United States (US) passport. In January 2003 he finally relinquished his Austrian passport. But his mere assertion of an exclusive preference for the US is insufficient to meet the burden of proof since he plans to maintain his dual citizenship with Austria. On the other hand he has mitigated the allegations of foreign influence. While his father is a citizen of Austria and his mother and sisters are dual citizens, there is no evidence that they have ties to the government, are agents of a foreign power, or in a position to be exploited. There is no substantial likelihood that his family ties would lead to a case of foreign influence over Applicant or the compromise of classified information or subject him to duress. Clearance is denied.


Financial; Personal Conduct

04/15/2003

Applicant, a 35-year-old truck driver for a defense contractor, had a history of financial difficulties which caused him to declare bankruptcy in 1993 and again in 2002. He was administratively discharged from military service for a 31-day absence without leave (AWOL) terminated by apprehension in 1985, and failed to note that he had debts that were over 90 and 180 days past due his security clearance application. Applicant mitigated the personal conduct security concerns, but has not demonstrated that his financial situation is sufficiently stable to grant him a clearance. Clearance is denied.


Foreign Influence

04/14/2003

Applicant is a naturalized US citizen who escaped Vietnam's communist oppression, leaving behind impoverished family members who relied upon his financial assistance to meet basic needs, then to build a stable life. Despite these close family ties, Applicant presents convincing evidence he is not subject to coercion or duress that might result in a compromise of classified information. Clearance is granted.


Sexual Behavior, Misuse of Information Technology Systems; Personal Conduct

04/14/2003

The Applicant's improper use of his company computer to access pornographic sites, specifically sexually explicit under aged girls and other prohibited materials on the Internet, in violation of company policy, resulting in employment termination has not been mitigated. Clearance is denied.


Criminal Conduct; Personal Conduct

04/14/2003

In 1995, this 42-year-old employee of a defense contractor was given a citation for solicitation of prostitution and possession of an open container of alcohol. He failed to appear in court at the time stated on the citation and a warrant was issued, which is still outstanding. He intends not to return to the distant state where the warrant was issued and has not confirmed that a $269.00 payment he had submitted to the court had satisfied the $500.00 bail. It did not and Applicant will not return to the court to resolve the matter. Mitigation has not been shown. Clearance is denied.


Financial; Foreign Influence

04/11/2003

Although the Applicant presently has a negative monthly cash flow, he has never been past due on any of his indebtedness. This negative cast flow is attributed to a down turn in the stock market. He has a money market fund reserve of more than $88,000, about $400,000 in stock, and $1,000,000 in equity in a house worth between $1,670,000 and $1,900,000. He is not financially overextended. There is also no showing that any members of his immediate family are citizens of , or present in, Iran. They are Jewish, and all left Iran for the United States, seeking a better life. All are U.S. citizens. Clearance is granted.


Alcohol; Financial

04/11/2003

Applicant abused alcohol from about 1996 to April 2001, failing to moderate his consumption levels after a November 1997 drunk driving offense. Following his arrest for DUI in April 2001 with a blood alcohol content of .236%, Applicant voluntarily completed an intensive outpatient program. While there is no evidence Applicant has consumed alcohol since April 2001, he did not comply with recommended aftercare, and he continues to experience urges to drink and to place himself in situations conducive to alcohol consumption. Applicant also has a record of financially irresponsible behavior, defaulting on his mortgage obligation after he was granted a Chapter 7 discharge in bankruptcy of $40,748.58 in unsecured debt in May 1998. A Chapter 13 bankruptcy filing of May 1999 was dismissed due to his default and he was forced to sell his home. Although he has no delinquent debts at present, he continues to exercise questionable financial judgment. Clearance is denied.


Foreign Preference; Foreign Influence

04/11/2003

Applicant's interest in protecting his foreign financial interests, including real property ownership and revenue from investments in the Philippines indicates a preference for that country. His significant foreign contacts, emotional ties, including his spouse, his immediate and extended family members establish the possibility of foreign influence. These concerns have not been mitigated. Clearance is denied.


Financial

04/11/2003

Applicant is a 31-year-old married man employed by a defense contractor as a computer help-desk technician with a history of financial problems (three NSF checks resulting in criminal charges, delinquent accounts with nine creditors for a total of nearly $16,000, and a proposed bankruptcy petition that includes $131,500 in debt owed to 44 creditors). Although he intends to resolve his indebtedness via a Chapter 7 bankruptcy proceeding, additional time is necessary before Applicant can establish a track record of financial responsibility and stability sufficient to mitigate the security concerns raised by his financial irresponsibility. Clearance denied.


Drugs; Personal Conduct

04/11/2003

The Applicant's history of illegal drug use, intentional falsifications in three sworn statements to DSS, and his intent to continue to use marijuana in the future disqualifies him from having a security clearance granted or renewed by the Department of Defense pursuant to 10 U.S.C. 986. Clearance is denied.


Foreign Influence

04/11/2003

Applicant has family members who live in the People's Republic of China (PRC), a country with a communist government. Applicant is 48 years old. He grew up in the PRC and immigrated to the United States in 1988 when he was 34 years old. He became a U.S. citizen in 2000. His wife became a U.S. citizen in 2001 as did his daughter. His 19 year old college student daughter immigrated with her parents when she was six years old. Applicant is gainfully employed here. Applicant mitigated security clearance concerns by evidence of his infrequent trips to the PRC for visitations, no financial interests in the PRC, no known weaknesses or vulnerabilities, his siblings are in private business and non-governmental employment, and his declared intent to report any improper contacts to security officials. Clearance granted.


Financial

04/11/2003

Applicant's excessive indebtedness has not been mitigated. He remains indebted to each of the creditors listed in the SOR, and there has been no good faith effort to resolve his financial situation. Clearance is denied.


Personal Conduct; Criminal Conduct

04/11/2003

Applicant's conviction and sentence of three years in prison disqualifies him from receiving a security clearance under 10 U.S.C. 986. Clearance is denied.


Financial

04/11/2003

Applicant incurred debts during his marriage while he and his spouse both earned incomes. After he retired from the military, and was divorced, he could not pay the debts. Applicant filed for bankruptcy, as did his former wife, and was discharged from his obligations. He currently handles his debt obligations responsibly. Applicant mitigated the financial concerns and it is clearly consistent with security clearance concerns to issue a clearance. Clearance granted.


Alcohol

04/10/2003

Applicant, a 57-year-old employee of a defense contractor, referred himself to an alcohol rehabilitation program in 1994. He left the program after a few months and has resumed drinking alcoholic beverages-wine once or twice a week. Any security concerns have been sufficiently mitigated by the passage of nine years without indication of a recent problem and positive changes in behavior supportive of sobriety. Security clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct

04/10/2003

Applicant's falsification of his foreign government contacts and his foreign travel on his clearance application suggested he could not be relied upon to tell the truth if the truth presented potential adverse consequences to his personal interest and contributed to concerns about his foreign preference and foreign influence. Although Applicant's expired Lebanese passport constructively complied with the Money Memorandum, his demonstrated foreign preference was not mitigated where Applicant had renewed his Lebanese after becoming a U.S. citizen and used his Lebanese passport to travel to Lebanon at a time when U.S. citizens were banned from traveling there and where he had registered two U.S. born children as Lebanese citizens at the Lebanese Embassy. Applicant was also subject to foreign influence where he provided financial support to his parents who still resided in Lebanon, had siblings and in-laws residing there, and had continuing contacts with a Lebanese-sponsored cultural and educational organization. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

04/09/2003

Twenty-eight year old Applicant mitigated foreign preference concerns but she was unable to totally mitigate foreign influence concerns or to establish that her false answers on a security clearance application were unintentional. Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct

04/09/2003

The Administrative Judge's finding that Applicant falsified a security clearance application is a reasonable, plausible interpretation of the record evidence as a whole. The Judge's adverse conclusions are not arbitrary, capricious or contrary to law. There is no right to a security clearance. Adverse decision affirmed.


Personal Conduct; Criminal Conduct; Financial

04/09/2003

Applicant--a 57-year-old married man employed by a defense contractor as a telephone mechanic--falsified his security-clearance application when he deliberately omitted or concealed two incidents of bad checks resulting in arrest and criminal charges. Applicant's evidence in mitigation or extenuation is insufficient to overcome the negative security implications stemming from the falsifications, the related criminal conduct, as well as a history of not meeting his financial obligations. Clearance denied.


Security Violations; Misuse of Information Technology Systems; Personal Conduct

04/09/2003

Board cannot consider new evidence on appeal. The Administrative Judge's findings of fact are sustainable. The Judge was not compelled to give great or decisive weight to the character letters submitted on behalf of Applicant. Applicant's opinion about his trustworthiness, honesty, and attitude toward security is not binding on the Judge. Judge articulated a rational basis for his doubts about Applicant's security eligibility. Adverse decision affirmed.


Criminal Conduct

04/08/2003

Applicant's 1974 conviction for receiving stolen property and subsequent sentence to three years imprisonment requires revocation of his clearance under 10 U.S.C. 986 notwithstanding that Applicant spent no time in prison and had his clearance granted without a hearing in 1989. Clearance denied.


Foreign Preference

04/08/2003

Board will not review isolated sentences in an Administrative Judge's decision. Rather, the Board will review a decision in its entirety to discern what findings the Judge made and what conclusions the Judge reached. There is a rebuttable presumption the Judge considered all the record evidence unless the Judge specifically stated otherwise. Under the particular facts of this case, Applicant was not entitled to application of Foreign Preference Mitigating Condition 1. For purposes of Guideline C, a foreign preference can be shown by an applicant's exercise of the rights and privileges of foreign citizenship for reasons of personal convenience or expediency. Decisions by one DOHA Judge are not legally binding precedent on other DOHA Judges or on the Board. The Judge's adverse conclusions about Applicant's security eligibility are not arbitrary or capricious. Adverse decision affirmed.


Financial; Personal Conduct

04/08/2003

Applicant, a 69-year-old clerk for a defense contractor, owes back taxes on real estate. Although he believed the city or country had seized the property, when he was confronted with the fact that he still owned the property and was responsible for delinquent taxes, he declined to resolve the debt. Applicant failed to demonstrate it is in the national interest to grant him a clearance. Clearance is denied.


Foreign Preference; Foreign Influence

04/07/2003

When the Applicant became a U.S. citizen in August of 2000, he renounced his Indian citizenship. Although he physically retained his Indian passport, it was "cancelled as [he] acquired U.S. nationality;" and as such, he never used the Indian Passport since acquiring U.S. citizenship. His elderly parents are citizens of and live in India. His father has been retired from the Indian Civil Service for more than 20 years. His mother is a house wife. One brother lives in India and is a businessman. The other has lived in the U.S. for more than 10 years. His in-laws emigrated from Canada more than 40 years ago, and have lived and worked in the U.S. ever since. There is no evidence that any member of his family has any current connection with a foreign government or is in a position to be exploited by any government. Clearance is granted.


Financial

04/07/2003

Administrative Judge was not bound to accept at face value Applicant's statements that she had reformed and rehabilitated herself. The Judge had to consider and weigh Applicant's statements in light of his assessment of the credibility of her hearing testimony and the record evidence as a whole. The Judge's challenged factual findings are sustainable. Absent a showing that Applicant was denied a reasonable opportunity to prepare for her hearing or denied a reasonable opportunity to present evidence on her behalf during the proceedings below, Applicant is not entitled to a remand simply to give her an opportunity to present additional evidence for consideration in her case. Adverse decision affirmed.


Foreign Preference; Foreign Influence

04/07/2003

Applicant, a 34-year-old native of India, became a naturalized citizen of Australia, married a U.S. citizen, immigrated to the U.S. and became a U.S. citizen. Applicant successfully refuted foreign preference and mitigated foreign influence personnel security guideline concerns. Applicant demonstrated it is in the national interest to grant him a clearance. Clearance is granted.


Foreign Influence; Outside Activities

04/07/2003

Applicant's business activities in a foreign country are arms-length transactions with minimal financial investment, and Applicant is not subject to coercion or duress by foreign interests. Applicant's family relationship to a foreign citizen is not the subject of potential exploitation by a foreign power. Clearance is granted.


Drugs; Personal Conduct

04/07/2003

Applicant's more than 30 years of marijuana abuse was not mitigated where Applicant used marijuana in the mid-1980s while in a cleared status, retained his clearance in1992 based on his cessation of marijuana abuse in 1985, but resumed and increased his drug abuse in 1994--while still in a cleared status--when he used marijuana to self-medicate his sexual dysfunction, without regard for its illegality or its prohibition by both company and government policy. Applicant's violation of company sexual harassment policy and misuse of company computers to send nude photographs over the internet cast additional doubt on his fitness for access to classified information. Clearance denied.


Financial; Personal Conduct

04/07/2003

Applicant's arms-length business transaction with his past employer did not violate any recognized code of professional responsibility, business ethics, or general moral code. Clearance granted.


Financial

04/04/2003

Applicant's financial difficulties were not mitigated where they were due to his financial irresponsibility in deliberately failing to file his federal tax returns for 1987-1990, in failing to keep current on his repayment plan in 1998, and in failing to pursue resolution of this indebtedness until shortly before the hearing. Applicant's favorable character references were insufficient to overcome adverse security inference of his indebtedness. Clearance denied.


Financial; Personal Conduct

04/04/2003

Because Applicant waived his right to a hearing, he cannot now fairly claim that he was denied an opportunity to appear before the Administrative Judge. There is nothing in the case file that indicates or suggests that DOHA personnel engaged in misconduct in the handling of Applicant's case. Apart from one erroneous finding that constitutes harmless error, the Judge's findings of fact are sustainable. The Judge's findings about Applicant's financial difficulties and falsification of a security clearance application provide a rational basis for the Judge's adverse conclusions under Guideline E and Guideline F. Adverse decision affirmed.


Criminal Conduct

04/03/2003

Applicant was convicted in June 1977 of vehicular homicide after he struck another automobile when driving while intoxicated, causing the death of the passenger in the other vehicle. He was sentenced from one to five years in prison (suspended), one year probation and a $5,000.00 fine. Employed by the same defense contractor since March 1978, Applicant has done nothing to violate the trust and confidence placed in him by the Government or his employer. Despite his considerable success in his career as a support engineer and his complete abstinence from alcohol since November 1979, Applicant is ineligible for a security clearance pursuant to 10 U.S.C. 986 because he was sentenced in 1977 to a term of imprisonment of up to five years. Clearance is denied with a recommendation this case be considered for a waiver of 10 U.S.C. 986.


Criminal Conduct

04/03/2003

In 1985, Applicant pled guilty to the felony offense of assault with injury to a child (his two-month-old infant daughter) and was sentenced to 10 years confinement, suspended, and placed on probation for 10 years, which he successfully completed. He has otherwise been a law-abiding citizen, steadily employed, and he was awarded custody of his daughter in 1999. Under 10 U.S.C. 986, the Department of Defense is prohibited from granting Applicant a security clearance based on his sentence to confinement exceeding one year unless the prohibition is waived by the Secretary of Defense; a waiver is recommended. Clearance denied.


Foreign Preference; Foreign Influence

04/02/2003

This 28-year-old engineer has dual citizenship with the U.S. and the United Kingdom. He was born and grew up there to an American father and a United Kingdom mother. He possesses a United Kingdom passport and will not surrender it, nor renounce his United Kingdom citizenship, because he may want to return there in the future. Department of Defense policy states that possession of a foreign passport is incompatible with holding a security clearance. Applicant's possession of the United Kingdom passport makes him ineligible, and he has not met the requirements of either of the stated exceptions. No mitigation has been established. Clearance is denied.


Alcohol: Personal Conduct

04/02/2003

Depressed about the breakup of his marriage, Applicant abused alcohol over the 1994/95 time frame. After he was arrested for threatening the boyfriend of his spouse in May 1994, he underwent treatment for a condition diagnosed as major depression, alcohol abuse episodic and personality disorder. With his depression successfully treated through a combination of outpatient treatment and medication, Applicant is no longer at risk to drink to excess. As of February 2003, Applicant's mood was euthymic and his behavior appropriate. Candid about his criminal record and outpatient counseling during the investigation and adjudication of his clearance, Applicant did not engage in any deliberate misrepresentation. Clearance is granted.


Financial; Personal Conduct

04/02/2003

Applicant refuses to pay a judgment debt and another debt. Applicant did not disclose on her security clearance application her unpaid judgment, financial delinquencies over 180 days, and a mortgage repossession. The failure to pay debts and lack of disclosure raise grave questions and doubts about her security eligibility and suitability. Clearance is denied.


Alcohol

04/02/2003

Applicant, aged 29, admits to alcohol consumption over a period of 12 years and drinking as recently as November 2002. Applicant also admits to pleading guilty to one charge of driving while intoxicated in 1997 and to being subsequently placed on probation for two years, ordered to attend an alcohol awareness program and directed to perform twenty hours of community service. Nothing in the record indicates a diagnosis of alcohol abuse and dependence. Applicant provides evidence of mitigating or exculpatory conduct. Clearance is granted.


Personal Conduct

04/02/2003

Applicant allegedly failed to disclose certain debts on his security clearance application in 1998, and in 2001 purportedly told an investigator a false reason for the non-disclosure of his purported debt. Applicant's thought his debts were paid and was unaware of them. When informed, he paid them promptly. Applicant immigrated in 1991, learned English, completed college, and obtained his first job. In establishing his first home he acquired the two minor (under $100) debts at issue. Applicant successfully mitigated all concerns about his debts. Clearance granted.


Alcohol; Criminal Conduct; Personal Conduct

04/01/2003

Because there is no presumption of error below, the Board need not review an Administrative Judge's findings of fact that have not been challenged on appeal. The Judge's findings about Applicant's history of episodic alcohol abuse, numerous traffic violations, and criminal conduct provide a rational basis for the Judge's adverse conclusions about Applicant's judgment, reliability, and trustworthiness under Guidelines E, G, and J. Adverse decision affirmed.


Foreign Preference

03/31/2003

Applicant's foreign contacts, specifically his father-in-law who is a retired Rear Admiral in the Japanese Navy, raise a security concern that has not been mitigated. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

03/31/2003

Applicant with excellent professional history mitigates his exhibited problems with work-related alcohol abuse, compounded by dependence, by combined treatment and 24 months of sustained abstinence, but fails to overcome trust concerns raised by his pleading admitted and independently proven misrepresentations of his resumed use of alcohol until confronted by a scheduled polygraph examination. Clearance is denied.


Criminal Conduct

03/31/2003

Thirty-four year old Applicant's 1987 arrest for theft, breaking and entering with intent, and breaking and entering/daytime, when he was 18 years old, and his subsequent conviction of what appears to be a reduced charge of daytime housebreaking, led to a sentence of imprisonment for two years (suspended). The clear evidence of successful rehabilitation, and the absence of any subsequent criminal conduct, would normally mitigate the government's security concerns. However, the application of 10 U.S.C. 986 disqualifies him from such eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is recommended.


Sexual Behavior; Personal Conduct; Criminal Conduct

03/31/2003

Applicant, a 41-year-old security guard for a defense contractor, had several extra-marital affairs and took leave from her place of duty without so annotating her time card. Applicant successfully mitigated sexual behavior, personal conduct, and criminal conduct personnel security concerns. Clearance is granted.


Foreign Preference; Foreign Influence

03/31/2003

The Applicant has taken concrete steps to revoke her Irish citizenship, and has had her Irish passport cancelled. Her mother is a naturalized American citizen who has lived in the United States since 2001. Adverse inference is overcome. Clearance is granted.


Financial

03/31/2003

Forty-five year old Applicant with a lengthy history of ignoring his financial obligations, and a tepid recent effort to address some of those obligations only after the security clearance review process commenced, raises grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Criminal Conduct; Financial

03/31/2003

Although the Applicant's past criminal conduct is not recent, he still owes in excess of $16,500 for a state tax lien. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/28/2003

It was reasonable for the Administrative Judge to conclude Applicant's acceptance of responsibility for a tax debt did not outweigh the negative security significance of the fact that the debt was still unresolved. Given the record evidence in this case, the Judge had a rational basis for applying Financial Considerations Disqualifying Conditions 1 and 3. The Judge's favorable findings and conclusions under Guideline E and Guideline J did not preclude the Judge from drawing adverse conclusions under Guideline F. The Board's jurisdiction and authority are limited by the provisions of the Directive. The Directive does not give the Board general or supervisory jurisdiction over the industrial security program. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

03/28/2003

It was reasonable for the Administrative Judge to conclude Applicant's acceptance of responsibility for a tax debt did not outweigh the negative security significance of the fact that the debt was still unresolved. Given the record evidence in this case, the Judge had a rational basis for applying Financial Considerations Disqualifying Conditions 1 and 3. The Judge's favorable findings and conclusions under Guideline E and Guideline J did not preclude the Judge from drawing adverse conclusions under Guideline F. The Board's jurisdiction and authority are limited by the provisions of the Directive. The Directive does not give the Board general or supervisory jurisdiction over the industrial security program. Adverse decision affirmed.


Security Violations

03/28/2003

Applicant's security violations and personal conduct raise security concerns as in October 2000 he deliberately violated multiple security regulations and failed to meet his duty to inform his Facility Security Officer (FSO) that he had received a CD-Rom containing classified NATO information. While he justified his actions by a need to expedite a corporate bid proposal, he had been properly briefed on NATO security practices which he deliberately failed to follow even though he knew that such infractions were against his company's and the government's security requirements. While he otherwise has a fine employment record, such excellence on the job does not mitigate the security significance of his repeated and knowing deliberate security violations. Clearance is denied.


Financial; Alcohol; Criminal Conduct

03/28/2003

Applicant no longer drinks and drives, and he has made a good faith effort to resolve his past-due financial obligations. Clearance is granted.


Foreign Influence

03/27/2003

Applicant mitigated security concerns over foreign influence from his family and economic ties to his country of birth, Malaysia. Given his strong ties to the United States (US) where he has lived for 25 years and is a naturalized citizen, I conclude there is no substantial likelihood that his family and economic resources there would lead to a case of foreign influence over Applicant. Given his long history of responsible conduct and his stellar performance professionally, I conclude it is improbable that foreign pressure on his family would create a situation that could result in the compromise of classified information or subject him to duress. His foreign financial interests are minimal. Further, his references attest to his good character and professionalism at work and in the community, including an award from a state governor for his work. Clearance is granted.


Personal Conduct; Criminal Conduct

03/27/2003

In 1972, Applicant was convicted of a misdemeanor firearms offense and the felony offense armed robbery for his role in a bank robbery. He received concurrent sentences to confinement for 12 months and 10 years, respectively. Paroled in 1975, Applicant received a first-offender pardon for both offenses in 1978. Since his parole, he has been a law-abiding citizen (except for three minor brushes with the law) and continuously and gainfully employed. Under 10 U.S.C. 986, the Department of Defense (DoD) is prohibited from granting Applicant a security clearance based on his sentence to confinement exceeding one year unless the Secretary of Defense waives the statutory prohibition; a waiver is not recommended. Clearance denied.


Foreign Preference; Foreign Influence

03/27/2003

On the other hand, Applicant's conduct since November 1998 in demonstrating his overwhelming preference for the US, including his actions in successfully renouncing his Taiwan citizenship, enables me to find for Applicant under the whole person concept. Clearance is granted.


Financial

03/27/2003

The Applicant has in excess of $27,000 in past due indebtedness. This was incurred during a prior marriage, with her husband being unemployed for six months. She has repeatedly averred that she will file for bankruptcy protection, but has failed to do so or to otherwise address her past due indebtedness. Clearance is denied.


Financial

03/27/2003

Security clearance decisions are not controlled or limited by any statute of limitations. Absent an explicit act of Congress to the contrary, the federal government is not bound by state law in carrying out its functions and responsibilities. Even if a delinquent debts is unenforceable under state law, the federal government is entitled to consider the facts and circumstances surrounding an applicant's conduct in incurring and failing to satisfy the debt in a timely manner. A history of financial difficulties raises security concerns. Adverse decision affirmed.


Financial; Personal Conduct; Foreign Influence; Criminal Conduct

03/27/2003

There is a rebuttable presumption that federal officials and employees carry out their duties in good faith. There is a rebuttable presumption that an Administrative Judge is impartial and unbiased. Applicant's bare assertion that the Judge 's decision is racially motivated is wholly inadequate to raise a colorable claim of racial discrimination or discrimination based on national origin. The Judge's findings and conclusions about Applicant's financial difficulties are supported by the record evidence. Because the Judge found in Applicant's favor with respect to SOR subparagraph 2.c, the Board need not reach any conclusions about the legal sufficiency of Applicant's acquiescence to Department Counsel's motion to amend that SOR subparagraph. Adverse decision affirmed.


Financial; Personal Conduct

03/27/2003

Applicant owes approximately $10,800.00 on three accounts. In March 2000, he completed a Standard Form 86 and gave false answers about delinquencies of more than 90 and 180 days. He gave additional false information in a signed, sworn statement. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the unpaid debts and the falsifications. Clearance is denied.


Personal Conduct

03/26/2003

Applicant, a 33-year-old employee of a defense contractor, has a history of lying, dishonesty, and conduct involving questionable judgment. His excellent performance of his primary duties does not mitigate the security concerns presented by his conduct. Applicant failed to demonstrate the high degree of judgment, reliability, and trustworthiness required of persons handling classified information. Clearance is denied.


Criminal Conduct; Personal Conduct

03/26/2003

Beginning in 1980, the Applicant has been arrested on four separate occasions, resulting in three convictions. His most recent conviction was in 1997, for Tampering with Evidence, a felony. When he and a friend were confronted by the police at his friend's home, he attempted to flush the friend's cocaine down a toilet. In his late 20s, the Applicant was also a member of the American Communist Party. In light of the Applicant's fairly recent history of criminal conduct, his clearance is denied.


Personal Conduct

03/26/2003

This technician for a defense contractor violated company policy over a period of several years and was warned by his company about his marginal performance. He posted a message on his company's internet message board that was reasonably construed as threatening physical harm to the company's Chief Executive Officer. He was terminated for both reasons. No mitigation was shown. Clearance is denied.


Financial; Personal Conduct

03/26/2003

Applicant owes approximately $29,000.00 on three accounts. She is paying two of the accounts by garnishment, which I find mitigated, but owes the IRS approximately $20,600.00. In March 2000, she completed a Standard Form 86 and gave false answers concerning delinquencies of more than 180 days and tax liens. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the IRS debt and the falsifications. Clearance is denied.


Drugs; Personal Conduct

03/25/2003

Applicant, a 36-year-old security assistant, had a history of drug abuse and theft from a previous employer. The drug involvement was mitigated--it was not recent and she renounced the use of drugs in the future. However, Applicant did not sufficiently mitigate the thefts from her employer and did not establish that it is in the national interest to grant her a clearance. Clearance is denied.


Financial; Criminal Conduct

03/25/2003

Applicant's financial problems, to include Ch. 7 bankruptcy followed by more overdue debts, is mitigated by evidence of renewed and successful effort to pay or reduce his obligations. Also mitigating is condition of personal hardship caused by supporting a large family on a limited income. Single instance of alcohol-related misdemeanor offense is mitigated by three years' sobriety and law-abiding behavior. Clearance is granted.


Foreign Preference; Foreign Influence

03/25/2003

Applicant's retention and renewal of his U.K. passport after his naturalization as a U.S. citizen--acts demonstrating potential foreign preference--were mitigated where Applicant had retained the passport for sentimental reasons and because he had never been given any instructions that he should surrender it, had not used the renewed passport (or its precursor) after becoming a U.S. citizen, 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 mother was a retired teacher, and none of his siblings worked in any positions connected to the U.K. government. 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 interests--in the form of a life insurance policy, an annuity, a prospective pension, and two rental properties--presented no prospect of coercion or duress. Clearance granted.


Personal Conduct

03/25/2003

Forty-three year old Applicant failed to mitigate his personal conduct of providing false answers on two security clearance applications that he submitted thirteen years apart. Clearance is denied.


Criminal Conduct

03/25/2003

Applicant was convicted in July 1979 of unlawful possession with intent to distribute a controlled substance, for which he was sentenced to five years in prison (execution of all but three months suspended), three years probation, and a special parole term of three years. In the twenty-three years since his conviction, Applicant has done nothing to violate the trust and confidence placed in him by the Government or his employers. Despite his considerable success in his career as a field engineer for defense contracting firms, Applicant is ineligible for a security clearance pursuant to 10 U.S.C. 986 because he was sentenced in 1979 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.


Personal Conduct

03/24/2003

This 45-year-old communications technician was arrested on alcohol-related offenses in 1992 and 1997, and failed to mention the two arrests on his April 19, 2000 security clearance application. No mitigation was shown. Clearance is denied.


Personal Conduct; Criminal Conduct

03/24/2003

Although this 38-year-old software engineer voluntarily admitted failing to list his marijuana use on his 1988, 1999, and 2000 security clearance applications, Applicant failed to accept full responsibility for deliberately falsifying the applications. Applicant failed to demonstrate that it is in the national interest to grant him a clearance. Clearance is denied.


Financial

03/24/2003

Applicant owes nine creditors, some debts dating back to 1994. Applicant blames repeated layoffs for his inability to pay his debts timely. Applicant's income and family expenses leave little money with which to pay his debts, despite his declared willingness to repay the debts over some future time. Applicant offers no credible plan or commitment to repay these debts, raising questions and doubts about his security eligibility and suitability. Clearance is denied.


Financial

03/24/2003

This 38-year-old electronics technician incurred seven delinquent debts since 1994 and has paid off only one, for $101.00. He claims contacts with the creditors and attempts to resolve the rest, but he has not documented any substantial action, even during the investigation and adjudication period leading up to the hearing. He admits simply delaying taking any action to resolve his debts. He has not demonstrated financial rehabilitation. No mitigation has been shown. Clearance is denied.


Personal Conduct; Criminal Conduct

03/24/2003

The Applicant's intentional falsification on his security clearance application regarding a judgment that was entered against him within the last seven years, and felony arrest in 1996 have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

03/21/2003

With one exception that constitutes harmless error, the Administrative Judge's findings of fact that are challenged on appeal are sustainable based on the record evidence in the case. It was not arbitrary, capricious, or contrary to law for the Judge to draw adverse conclusions about Applicant's security eligibility based on Applicant's 1997 conviction for obtaining government benefits by fraudulent means. Adverse decision affirmed.


Foreign Preference

03/20/2003

Applicant surrendered her foreign passport and renounced her foreign citizenship. Clearance is granted.


Criminal Conduct; Alcohol; Personal Conduct

03/20/2003

The Applicant has a criminal history involving two alcohol related arrests within the past seven years, the most recent of which occurred just three years ago. His alcohol abuse and his intentional concealment of material facts on his sworn statement to DSS have not been mitigated by sufficient evidence or reform and rehabilitation. Clearance is denied.


Personal Conduct; Criminal Conduct

03/20/2003

This 42-year-old technologist for a defense contractor completed an electronic personnel security questionnaire (SF 86) influenced by the faulty advice of the company's security officer. He then signed a final version of the SF 86 in which the security officer had entered erroneous information. Applicant did not have the opportunity to detect and correct any errors because the security officer instructed him to sign the SF 86 without reading it. No deliberate falsifications were established. Consequently, no criminal conduct based on the alleged but unproven falsifications has been established. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

03/20/2003

With one exception that constitutes harmless error, the Administrative Judge's findings that Applicant engaged in falsification are sustainable. Adverse decision affirmed.


Alcohol

03/20/2003

Applicant with history of three alcohol-related incidents over an eighteen-year period who, with no diagnosed dependence or abuse problem, has since cut back his drinking to light levels over the past thirty months and periodically attends AA meetings to help him understand alcohol risks. By his demonstrated understanding of the dangers associated with drinking and driving and serious commitment to reduce his alcohol intake, he mitigates Government concerns over his alcohol-related incidents outside the work place. Clearance is granted.


Financial

03/20/2003

The absence of independent evidence demonstrating regular payments under the federal repayment plan since February 1997, together with the lack of counseling, lead me to conclude Applicant's financial problems will persist in the future. Clearance is denied.


Personal Conduct; Alcohol; Criminal Conduct

03/19/2003

Although applicant's intentional falsification of material facts on his security clearance application occurred 5 years ago, his failure to offer any independent evidence indicating that he has reformed and is now reliable and trustworthy, precludes a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Financial

03/19/2003

Applicant with a history of accumulated federal tax liabilities covering three prior years is unable to document any payment stream history or IRS acceptance of submitted compromise offers to the IRS. Without any track record of payment of these listed tax liabilities, she is unable to mitigate financial concerns, despite a favorable employment record with her current employer. Clearance is denied.


Sexual Behavior; Personal Conduct

03/19/2003

Married forty-one year old engineer had two teenaged step-daughters. Concerned the oldest girl was using drugs and engaging in sexual activity in the home with older men, he purchased a spy camera in 1999 to observe her illicit activities, observing both girls from April to October 1999. While observing, he became sexually aroused and masturbated one to five times per week. In October 1999, he stopped and removed the camera. The step-daughters discovered the camera in February 2000, told their mother, who then threw Applicant out of the house and the marriage. Applicant did not mitigate the security concerns. It is not clearly consistent with national security to continue Applicant's security clearance. Clearance is denied.


Foreign Preference; Foreign Influence

03/19/2003

The applicability of an Adjudicative Guidelines mitigating condition is not solely dispositive of a case. The Administrative Judge's failure to give any explanation for an apparent favorable formal finding leaves the Board unable to discern whether the Judge analyzed an aspect of the case in a rational manner or in an arbitrary and capricious manner. Applicant's situational, ad hoc use of the rights and privileges of Egyptian citizenship to evade or circumvent legitimate United States customs and border inquiry into his trip to Egypt raises serious security concerns under Guideline C. It was arbitrary and capricious for the Judge to fail to discuss Applicant's conduct in concealing from U.S. officials his trip to Egypt. Favorable decision reversed.


Financial

03/18/2003

Applicant, the primary custodial parent of a six-year-old daughter, stopped payment on two credit card accounts after she and the father of her daughter terminated their relationship. With her employ by a defense firm in March 2002, Applicant now earns sufficient income to commence repayment of the two delinquent credit card accounts, on which there is an aggregate balance of approximately $7,251.74. Unable to take advantage of lump sum settlement offers extended by the creditors, Applicant forwarded partial payments in early January 2003, along with a credible promise to continue these payments each month until the debts are satisfied. Clearance is granted.


Personal Conduct

03/18/2003

Applicant's 1979 failure to register for the Selective Service within 30 days of his eighteenth birthday, as allegedly required under 50 U.S.C. App. 453, is excused because, at that time, there was no such requirement. President Ford's Executive Order in March 1975 had terminated the registration requirements four years earlier. Applicant's subsequent failure to register once President Carter had reinstated registration requirements in July 1980, is uncharged conduct which, nevertheless, in this case, is mitigated. Clearance is granted.


Criminal Conduct; Financial

03/18/2003

State of case file precludes the Board from addressing the merits of Applicant's appeal arguments at this time. An applicant's right to submit evidence on his or her behalf is an important one. A remand is in order to ensure that Applicant's right to submit evidence on his behalf was not violated. Case remanded to Administrative Judge with instructions.


Criminal Conduct

03/17/2003

Following an altercation with his then eighteen-year-old stepson in mid-July 2001, Applicant was charged with misdemeanor assault and battery. The case was continued without a finding to June 2003, on the condition Applicant continue with counseling, which he had commenced voluntarily before judicial intervention. Court supervision was terminated early and the charge dismissed in mid-November 2002. Applicant demonstrated a serious lack of restraint in dealing with a stepson with whom he had a contentious relationship, but there is little risk of recurrence, given the insights gained by Applicant in his counseling and the termination of his personal relationship with this stepson. Clearance is granted.


Financial

03/17/2003

Too many unanswered questions remain concerning applicant's period of financial irresponsibility. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

03/17/2003

There is a rebuttable presumption that federal officials and employees carry out their duties in good faith, and a party seeking to prove otherwise has a very heavy burden of persuasion. There is a rebuttable presumption that an Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. It was arbitrary and capricious for the Judge to exclude Exhibit H, which was relevant to the case. Harmless error does not warrant reversal or remand. The Judge's findings of falsification are sustainable. It was not arbitrary or capricious for the Judge to conclude Applicant's family ties with relatives living in Syria raised security concerns, and that Applicant had failed to present evidence that mitigated those security concerns. Adverse decision affirmed.


Alcohol; Personal Conduct; Criminal Conduct

03/17/2003

The Applicant has been arrested four times for driving under the influence, the last in 2000. He has received alcohol treatment as late as 2001, but continues to drink as of March 2002. Allegations of falsification were not proven. Adverse inference is not overcome. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/14/2003

Applicant's falsification of his November 2001 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.


Foreign Preference; Foreign Influence

03/12/2003

The Administrative Judge's conclusions about Applicant's conduct were reached without questioning Applicant's loyalty. The Judge failed to adequately explain his reasoning about part of the case. The Judge failed to enter formal findings with respect to some subparagraphs of the SOR. Harmless errors by the Judge do not warrant reversal or remand. Adverse decision affirmed.


Criminal Conduct

03/12/2003

Fifty-six year old Applicant's 1972 arrest for assault with intent to commit murder (reduced to assault and battery), when she was 25 years old, and her subsequent conviction of the reduced charge, led to a sentence of imprisonment for five years (suspended). The clear evidence of successful rehabilitation, and the absence of any subsequent criminal conduct, would normally mitigate the government's security concerns. However, the application of 10 U.S.C. 986 disqualifies her from such eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is recommended.


Criminal Conduct

03/12/2003

Forty-two year old Applicant's 1983 arrest for assault in the 1st degree (reduced to assault in the 2nd degree), when he was 22 years old, and his subsequent conviction of the reduced charge, led to a sentence of imprisonment for three years (suspended). In May 1990, his civil and political rights were restored. The clear evidence of successful rehabilitation, and the absence of any subsequent criminal conduct, would normally mitigate the Government's security concerns. However, the application of 10 U.S.C. 986 disqualifies him from such eligibility. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is recommended.


Foreign Preference; Foreign Influence

03/12/2003

This 27-year-old engineer was born in the United States to Japanese parents who came here to work and never left. He was a dual citizen of Japan because of his parents, and who obtained a Japanese passport for him when he was a child. He renewed the passport after becoming an adult to please his parents. When he learned that holding a foreign passport disqualified him from holding a security clearance, he promptly renounced his Japanese citizenship and surrendered his Japanese passport. His relationship with his relatives in Japan is not close and he credibly expressed his intention to reject and report any attempt to influence him to divulge classified information. Mitigation has been demonstrated. Clearance is granted.


Criminal Conduct

03/11/2003

In 1984, Applicant was indicted and pled guilty to aggravated battery with a deadly weapon, a felony for which he was convicted and sentenced to a term of three years. Two and one-half years of the sentence were suspended. After four months, he was released for good time served. Thereafter, Applicant completed his undergraduate education and has been continuously employed. In 1992, the Governor of his State issued Applicant a Certificate of Pardon and Restoration of Citizenship. By operation of law, the provisions of 10 U.S.C. 986 preclude a grant of clearance to the Applicant, absent meritorious waiver by the Secretary of Defense. Applicant requests a waiver and provides persuasive evidence of mitigation. Clearance is denied. Waiver is recommended.


Financial; Criminal Conduct

03/10/2003

Although Applicant's finances and his company's finances were essentially the same, the company's financial issues had no security significance where they were due largely to the actions of one dishonest employee and two incompetent ones, and where Applicant had taken effective steps to reorganize the company and resolve the debts as soon as he became aware of them. Applicant did not wilfully fail to file state and federal tax returns. Clearance granted.


Financial

03/07/2003

Applicant who accrued considerable delinquent debts following her husband's business closing and ensuing unemployment payed off some of the debt after he returned to work (including two judgments) but elected to let the three charged off debts covered in the SOR remain unpaid, relying on the bar of the pertinent statute of limitations. Applicant's reliance on the statute of limitations fails to mitigate judgment deficits that inhere in an applicant's failure to address old undisputed debts when his or her earning power is restored. Clearance is denied.


Criminal Conduct

03/07/2003

Although applicant's criminal conduct is not recent, his failure to offer any credible evidence from independent sources indicating that he is now reliable and trustworthy precludes a finding that he has reformed. Clearance is denied.


Criminal Conduct

03/07/2003

Applicant's criminal conduct would have been mitigated if not for 10 U.S.C. 986. Clearance is denied, but waiver recommended


Financial

03/07/2003

Board cannot consider new evidence on appeal. The Administrative Judge's findings and conclusions about Applicant's significant unresolved delinquent debt provide a rational basis for her unfavorable conclusions under Guideline F. Adverse decision affirmed.


Alcohol; Personal Conduct

03/07/2003

Applicant with a history of alcohol-related incidents away from work and recurrent drinking following counseling and work release demonstrates a strong commitment to abstinence with 28 months of being alcohol-free. Applicant's mitigation showing is corroborated by work colleagues and his ex-spouse who see him regularly. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

03/07/2003

Record evidence supports the Administrative Judge's finding that Applicant engaged in acts of falsification. The Judge properly considered Applicant's conduct in terms of the whole person concept. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/07/2003

If neither party asks the Administrative Judge to take administrative or official notice of a provision of state law, any party complaining of the Judge's failure to do so has a heavy burden on appeal of demonstrating the Judge's inaction was arbitrary, capricious, or contrary to law. The Judge's finding that Applicant falsified a security clearance application reflects a reasonable interpretation of the record evidence. Doctrine of laches cannot be applied in security clearance cases. Absent a showing of how Applicant was prejudiced in any meaningful way, the mere passage of time between when DoD received information about her arrest record and the issuance of the SOR does not show the Judge's decision is arbitrary, capricious, or contrary to law. Mere presence or absence of any Adjudicative Guidelines disqualifying or mitigating condition is not solely dispositive of a case. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/06/2003

During her high school and early college years, Applicant, a 30-year-old employee of a defense contractor, abused drugs and shoplifted cosmetics. She continued using drugs, although to a lesser degree up to a year before her employment started. Applicant fully cooperated with investigators in trying to explain her history of drug abuse despite some omissions in her original statement about the types of drugs she used. By mitigating these personal and criminal conduct security concerns, Applicant demonstrated it is in the national interest to grant her a clearance. Clearance is granted.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

03/05/2003

Applicant has a history of involvement with marijuana from 1977 to at least February 2000 and with cocaine from the early 1980s to October 1999. Alcohol became a problem for him in about 1992, and his drinking escalated following his divorce in 1994. There is an unacceptable risk of future marijuana abuse, as Applicant continues to associate with individuals who smoke marijuana. As of December 2002, he was imbibing alcohol in quantity of up to five beers, despite completing a thirty-day alcohol rehabilitation treatment program in July 2001. Personal conduct and criminal conduct concerns also persist as Applicant was not candid about his illegal drug involvement when he completed his security clearance application in August 2000. Clearance is denied.


Financial

03/05/2003

Applicant, a 28-year-old employee of a defense contractor, has several debts which he has not paid and has no means of paying in the near future. Applicant failed to mitigate the security concerns resulting from his financial situation. Clearance is denied.


Financial; Personal Conduct

03/05/2003

Fifty-two year old Applicant's financial problems, including some that predate a Chapter 13 bankruptcy filing in 1996, were partially impacted and mitigated by being laid off from work for 8 months in 1995. However, the bankruptcy court's dismissal of her case in 1997 for her failure to make payments to creditors and Applicant's unsubstantiated efforts to resolve debts until confronted with the prospect of being denied a security clearance raise serious doubt that it is consistent with national interest to grant Applicant access to classified information. Applicant also failed to reveal delinquent indebtedness in completing her security clearance application. Clearance is denied.


Drugs

03/05/2003

Applicant's marijuana use was not recent, and he has demonstrated a credible intent not to use it in the future. Clearance is granted.


Foreign Preference

03/05/2003

Applicant's intention to maintain his dual citizenship and to keep his foreign passport raises doubts about his preferences, which must be resolved in favor of national security. Clearance is denied.


Criminal Conduct

03/04/2003

In 1971, Applicant was involved in a shooting, which killed an individual and wounded another. Applicant pleaded guilty to manslaughter and was sentenced to five to ten years in the state penitentiary. He has been gainfully employed and has not been in trouble with the law since then. He has held a security clearance for a number of years. Because the misconduct is remote in time and because of clear evidence of rehabilitation, I find for the Applicant as to the criminal activity. However, 10 U.S.C. 986 prohibits the granting the Applicant a security clearance absent a waiver by the Secretary of Defense. Applicant's security clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Financial

03/04/2003

Board cannot consider new evidence on appeal. In deciding whether an Administrative Judge's findings of fact are supported by substantial evidence the Board is limited to considering the record evidence that was before the Judge when he decided Applicant's case. Harmless factual error by the Judge does not warrant remand or reversal. Applicant's significant federal income tax delinquency provides a rational basis for the Judge's adverse conclusions about her security eligibility. Adverse decision affirmed.


Financial

03/03/2003

Although Applicant's financial difficulties were largely due to circumstances beyond his control, they were not mitigated where Applicant had not begun any repayment on nine delinquent accounts totaling nearly $15,000.00, notwithstanding that creditors had not responded to Applicant's July 2002 request for repayment plans. Applicant's favorable character references were insufficient to overcome adverse security inference of his indebtedness. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

03/03/2003

Applicant, a 50-year-old employee of a defense contractor, used marijuana, hashish, cocaine, a hallucinogen, and amphetamines at various times over a 23-year period. He deliberately lied about his drug use on security clearance applications he submitted in 1988 and 1994. He admitted using these drugs during a security investigation in 2000. Applicant failed to demonstrate it is in the national interest to grant him a security clearance. Clearance is denied.


Personal Conduct; Alcohol

03/03/2003

Administrative Judge's finding that Applicant falsified a security clearance application reflects a reasonable interpretation of the record evidence. There is a rebuttable presumption that a Judge considered all the record evidence unless the Judge specifically states otherwise. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/03/2003

Even if the intentional falsification is not mitigated by MC 2 of the personal conduct guideline, the presence of only one criminal offense since July 1994 demonstrates to me Applicant has made the appropriate behavioral changes to warrant serious consideration under the sixth general factor of the whole person concept. Clearance is granted.


Personal Conduct; Financial; Criminal Conduct

03/03/2003

Applicant has not filed or paid his Federal and state income tax returns for various years between 1992 to 2000. He asserts as mitigation he paid sufficient money through withholding and credits from prior years to pay any taxes. Substantial issues remain unresolved regarding Applicant's reliability and trust sufficient to hold a security clearance. Clearance is denied.


Personal Conduct

03/03/2003

The Applicant's intentional falsification of his security clearance application has not been mitigated. Clearance is denied.


Financial; Personal Conduct

03/03/2003

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


Criminal Conduct; Personal Conduct

02/28/2003

In December 2001, Applicant was convicted of theft over $500.00 but less than $1,500.00 for purchasing in June 2001 merchandise under retail cost by using false SKU numbers which he had obtained from the Internet. When questioned by a Defense Security Service agent in December 2001 about his arrest, Applicant falsely denied any wrongdoing, concealing his misappropriation of the improper SKU numbers. His recent theft and deliberate misrepresentations about his role in that theft engender serious criminal conduct and personal conduct concerns. Clearance is denied.


Criminal Conduct

02/28/2003

The Applicant was found guilty of two felonies for drug offenses committed in 1997. He was sentenced to four to five years in prison, which was suspended. The provisions of 10 U.S.C. 986 apply. Clearance is denied.


Criminal Conduct; Personal Conduct

02/28/2003

The Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. Under the particular facts of this case, it was not arbitrary, capricious or contrary to law for the Judge to not apply Personal Conduct Mitigating Condition 2 or Personal Conduct Mitigating Condition 4. Adverse decision affirmed.


Criminal Conduct; Mental

02/28/2003

Although the Applicant's past criminal conduct is not recent, his related mental disorder, which is currently in remission, is of security significance. On three separate occasions, in June of 1997, in October of 1998, and more recently in October of 2000, the Applicant failed to take his prescribed medications. Each failure led to psychotic episodes which required hospitalization. If he goes off his medication again, there is "a 95% likelihood" of another such episode. In light of his recent history, it is too soon to conclude that the Applicant will not again cease taking his medication, thereby becoming psychotic and a security risk. Clearance is denied.


Foreign Influence; Personal Conduct

02/28/2003

Applicant was subject to foreign influence where he had professional associates known be affiliated with foreign governments, where he had engaged in conduct that increased his exposure to potential exploitation and where there were indications that foreign nationals had acted to increase his vulnerability to exploitation. His "black market" purchases, illegal currency exchanges, and inability to resolve counter-intelligence issues raised by his past conduct case doubt on his fitness for access to classified information. Clearance denied.


Drugs

02/26/2003

The Applicant used various illegal substances from January of 1994 until his last usage November of 2001. His drug involvement is fairly recent; and as such, is of current security significance. Clearance is denied.


Criminal Conduct

02/26/2003

In December 1974, Applicant was found guilty of four counts of forgery and sentenced to 48 months incarceration. In February 1975, the balance of his sentence was suspended. He has not been in trouble with the law since then. He has held security clearances for a number of years. Because the misconduct is remote in time and because of clear evidence of rehabilitation, I find for Applicant as to the criminal activity. However, 10 U.S.C. 986 prohibits the granting Applicant a security clearance absent a waiver by the Secretary of Defense. Applicant's security clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Financial; Personal Conduct

02/26/2003

With one exception that constitutes harmless error, the Administrative Judge's adverse conclusions about Applicant's history of financial difficulties and failure to fulfill his tax obligations are sustainable. Adverse decision affirmed.


Personal Conduct; Financial; Criminal Conduct

02/26/2003

Applicant has failed to overcome the rebuttable presumption that the Administrative Judge considered all the record evidence. The Judge's findings and conclusions about Applicant's history of financial difficulties are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

02/26/2003

Applicant falsified his academic qualifications when applying for a position with a defense contractor in June 2000, claiming a bachelor of science degree which he had not earned. Applicant repeated the falsification of his academic credentials on a security clearance application (SF-86), which he certified and signed on July 20, 2000. When questioned over one year later by a special agent of the Defense Security Service, Applicant voluntarily acknowledged the falsifications of his academic record. Because of the Applicant's deliberate falsification, clearance is denied.


Financial; Personal Conduct

02/26/2003

Applicant's three bankruptcies in 20 years--including one Chapter 13 filing in which Applicant repaid 100% of his outstanding debt--lacked security significance where financial difficulties were due to circumstances beyond his control and he had always sought appropriate financial counseling to avoid bankruptcy if possible. Bankruptcy filings were responsible actions under circumstances which had no security significance under Personal Conduct. Clearance granted.


Foreign Preference; Foreign Influence

02/25/2003

Applicant, a United States citizen from birth, acquired Spanish citizenship and a Spanish passport in March 1997 so that she could continue to work in Italy for a university under contract with the Department of Defense. A stated willingness to renounce foreign citizenship and relinquish a foreign passport, without actual surrender of the passport, are not enough to overcome the foreign preference concerns presented by the acquisition and retention of the foreign passport. Foreign influence concerns persist because of the Italian citizenship and residency of her cohabitant boyfriend, and the Italian residency (with European employment) of her brother. Clearance is denied.


Financial

02/25/2003

An applicant's failure to pay lawfully incurred debts is a proper subject for consideration under Guideline F. The fact that a creditor writes off a debt as uncollectible, for accounting or tax purposes, does not change the security significance of Applicant's failure to satisfy that debt. Administrative Judge's failure to reach a specific conclusion about one SOR paragraph constitutes harmless error. Adverse decision affirmed.


Foreign Preference; Foreign Influence

02/25/2003

Applicant's possession of an Iranian passport after becoming a U.S. citizen, with intent to retain and use the passport to visit family in Iran demonstrated a foreign preference and was not mitigated where Applicant had not surrendered the passport or obtained formal approval for its use at the time of the hearing. Applicant was potentially subject to foreign influence where her father, stepmother, four siblings, and in-laws--with whom she maintained regular contact--were all citizens of Iran, residing in Iran. Clearance denied.


Foreign Preference

02/25/2003

Applicant's dual citizenship, including possession and use of a valid foreign passport has been mitigated. Clearance is granted.


Personal Conduct; Alcohol

02/24/2003

Applicant's multiple minor traffic offenses, alcohol-related arrests, and other miscellaneous misconduct casts serious doubt on his judgment, reliability, and trustworthiness. Although he stopped drinking 15 months ago, record evidence is insufficient to conclude that he will not return to alcohol abuse. Clearance denied.


Criminal Conduct

02/24/2003

Applicant's felony conviction in 1984 for 7 counts of bribery against the Department of the Navy has not been mitigated. No waiver of 10 United States Code, Section 986 is recommended. Clearance is denied.


Personal Conduct; Sexual Behavior; Criminal Conduct

02/24/2003

The Applicant engaged in sexual behavior that was likely to make him vulnerable to coercion between 1987 and 1994. He was arrested for this behavior in 1994. In 2000 he gave a false answer about this arrest in a questionnaire, and in a subsequent interview. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Personal Conduct; Criminal Conduct

02/24/2003

The Applicant's intentional falsifications on his security clearance application and during his interview with a Special Agent from the Defense Security Service have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct; Foreign Influence; Foreign Preference; Outside Activities

02/24/2003

Security clearance decisions are not an exact science, but rather involve predictive judgments about whether a person poses a risk of deliberate or inadvertent disclosure of classified information based on consideration of that person's past conduct and present circumstances. An Administrative Judge's credibility determination is entitled to deference on appeal and the party challenge a credibility determination has a heavy burden of persuasion on appeal. The Judge's analysis of Applicant's conduct and circumstances under each of the Guidelines alleged in the SOR reflected a piecemeal analysis that was not consistent with the whole person concept. Viewed in their totality, Applicant's conduct and circumstances raise serious questions about his security eligibility that were not addressed by the Judge in his analysis of the case. Favorable decision reversed.


Personal Conduct

02/21/2003

Applicant who engaged in Internet cyber-sex with foreign nationals not shown to be foreign agents or exposed to monitoring foreign agents, and who Applicant promptly and voluntarily disclosed as material foreign contacts to DSS in a second DSS interview, mitigates Government's security concerns. Clearance is granted.


Foreign Preference; Foreign Influence

02/20/2003

Applicant, a 40-year-old computer software engineer, immigrated to the U.S. from India. The Government alleged foreign preference and foreign influence security concerns based on his possession of an Indian passport and having immediate family members who are citizens and residents of India. The evidence established that Applicant now has a U.S. passport and his Indian passport was canceled. The members of his immediate family living in India are not foreign agents or in a position to be exploited in such a way as to force Applicant to choose between loyalty to his family and to the U.S. Applicant established that it is in the national interest to grant his clearance. Clearance is granted.


Personal Conduct; Sexual Behavior; Criminal Conduct

02/20/2003

Board cannot consider new evidence on appeal. By failing to offer certain evidence at the hearing, Applicant waived his right to have such evidence considered in his case. The Administrative Judge's findings about Applicant's falsification of a security clearance application provide a rational basis for his adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Foreign Influence; Personal Conduct

02/20/2003

Applicant, a native of the People's Republic of China (PRC), entered the United States (US) in 1983 on sponsorship documentation bearing an English translation of his last name consistent with a Cantonese pronunciation rather than the correct Mandarin dialect. For consistency purposes, Applicant used this last name on documents presented to acquire US citizenship, US passport and a security clearance. On official forms for the US Government and in interviews before US agents, he identified male family members by this same surname, although these relatives had never adopted that spelling. Applicant deliberately omitted from his May 1999 security clearance application (SF 86) his possession until December 1996 of a PRC passport, and since April 1999 of a US passport, and his foreign travel to Canada and the PRC. Nor was he candid during investigative interviews about the status and/or activities of his parents, including his role in his father's violation of US immigration laws. Personal conduct concerns persist because of his repeated misrepresentations. Furthermore, the PRC citizenship and residency of immediate family members present an unacceptable risk of foreign influence. Clearance is denied.


Financial

02/19/2003

Board's appellate authority is constrained by the provisions of the Directive. The application of Adjudicative Guidelines for or against clearance is not reducible to a simple formula, but rather requires an adjudicator to exercise sound judgment within the parameters set by the Directive. Although Guideline F does not distinguish between debts that are frivolous and debts which are for daily living expenses, it was not arbitrary and capricious for the Judge to take into account the nature of Applicant's debts as part of his analysis of the case. Favorable decision affirmed.


Foreign Influence; Foreign Preference

02/18/2003

The Applicant has fulfilled the requirements of the Money Memorandum by returning his British passport to the British Government. However, he states that he has no intention of renouncing his British citizenship, and has extensive family and financial ties to the United Kingdom. Adverse inference is not overcome. Clearance is denied.


Foreign Preference; Foreign Influence

02/14/2003

Applicant's dual citizenship, including possession and use of a valid foreign passport and foreign contacts have been mitigated. Clearance is granted.


Personal Conduct; Criminal Conduct

02/13/2003

In 1996, Applicant was arrested and charged with petit larceny, obstruction of justice, and cocaine possession. She was placed in first offenders status for the cocaine possession and after successfully completing the program, the charge was dismissed. She failed to disclose a 1990 petit larceny arrest. It was also alleged the Applicant failed to disclose her drug use. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from her 1996 arrest and failure to reveal the 1990 arrest. Clearance is granted.


Financial

02/13/2003

Applicant's recent efforts to repay his past-due financial obligations do not constitute a good faith effort to repay creditors. Clearance is denied.


Personal Conduct

02/13/2003

The Applicant falsified a Security Clearance Application in 2000 by not admitting drug and alcohol related arrests, as well as his cocaine use in the 1990s. Adverse inference is not overcome. Clearance is denied.


Financial

02/13/2003

Applicant's excessive indebtedness has not been mitigated. Clearance is denied.


Financial

02/13/2003

Applicant owes approximately $36,000.00 on three student loans. Applicant acknowledges owing the money, intends to pay these loans, and during the past year has made 18 payments, which paid approximately $5,000.00 on these loans. He has made arrangements with the creditors to repay the loans. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his debts. Clearance is granted.


Personal Conduct; Financial; Alcohol; Criminal Conduct

02/13/2003

Applicant's two alcohol-related domestic violence convictions since 1996, related falsification of an employment application in 1998, and failure to resolve a related past due debt cast significant doubt on Applicant's fitness for access to classified information, especially where he failed to provide any significant evidence in extenuation, mitigation, explanation, or rehabilitation. Clearance denied.


Criminal; Personal Conduct; Alcohol; Financial

02/13/2003

The Applicant's criminal history involving sixteen separate charges and convictions that occurred between 1978 and 1999, his attempt to conceal material information on his security clearance application, and his history of alcohol abuse have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

02/13/2003

Applicant's dual citizenship, including use and possession of a foreign passport has been mitigated. Her significant foreign contacts, including her immediate family and strong emotional ties have not been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

02/13/2003

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


Financial; Personal Conduct

02/13/2003

Applicant owed nine creditors $6,500.00 and has now paid six of them in full and is paying another. If the other two bills have not been paid, she will pay them. She has assets of approximately $100,000.00. Her inability to pay the debts in a timely manner resulted from conditions beyond her control including medical emergencies and loss of employment. On a security clearance questionnaire (SF 86), she did not list judgments and delinquent accounts because she was unaware of their existence. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the debts and her inaccurate SF 86. Clearance is granted.


Alcohol; Personal Conduct

02/13/2003

Applicant, a 51-year-old computer scientist/engineer, was arrested for driving while intoxicated (DWI) in September 1999. In February 2000, he deliberately omitted mention of the DWI arrests in a security clearance application. In March 2001, Applicant was convicted of driving under the influence of alcohol or drugs (DUI) in January 2001. Applicant failed to establish it was clearly in the national interest to grant him a clearance. Clearance is denied.


Financial

02/13/2003

The Applicant has resolved, or made a good faith effort to resolve, all of his delinquent debts. Adverse inference is overcome. Clearance is granted.


Foreign Preference; Foreign Influence

02/13/2003

Applicant's dual citizenship, including possession and use of a foreign passport and foreign contacts, have been mitigated. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct; Criminal Conduct

02/13/2003

Applicant's exercise of dual citizenship, including possession of a foreign passport and his foreign contacts have not been mitigated. His deliberate attempt to conceal material information on his security clearance application has also not been mitigated. Clearance is denied.


Foreign Preference

02/13/2003

Applicant overcomes the Government's evidence in support of allegations under Guideline C that Applicant demonstrates a preference for the interests of a foreign nation over the interests of the United States. Clearance is granted.


Criminal Conduct; Personal Conduct

02/13/2003

Applicant's filing of a false claim with a Government agency, resulting in a conviction in March 2000, for a violation of 18 United States Code, Section 1001, a felony, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

02/12/2003

The Applicant's past criminal conduct and rule violations are distant enough in time so as not to be of present security significance. That same can not be said of his present financial situation, however. The Applicant has over $7,000 in past due indebtedness, which, because of a recent loss of employment, he is unable to address. Clearance is denied.


Foreign Preference; Foreign Influence

02/12/2003

A month prior to his hearing, the Applicant renounced his Canadian citizenship. His brother is a Canadian, and owns a private business in Canada. There is, however, no evidence that the Applicant's brother is connected with any country's government, or is in a position to be exploited by any government. All other members of the Applicant's immediate family are Americans, living in the United States. Although the Applicant does have some financial interest in Canada, a future $200 per month pension and an investment plan, a plan he is currently drawing down, his foreign financial interests are minimal. Clearance is granted.


Personal Conduct

02/12/2003

The Applicant did not intentionally falsify his answer to question 21 on his December 2000 Security Clearance Application. Relying on the advice provided him by both a district attorney and a judge, he failed to divulge the requested information. In 1999, he had been charged with both Rape and Sodomy, but these charged had been dismissed due of insufficient evidence. The charges arose out of an error in his judgement by which he took nude photographs of his, then, girlfriend, without her consent. Although the taking of the photos is, arguably, a rule violation, it clearly does not demonstrate a "pattern;" and as such, is not of present security significance. Clearance is granted.


Foreign Preference; Foreign Influence

02/12/2003

Applicant, a 28-year-old naturalized U.S. citizen, emigrated from Vietnam to the U.S. with all of his immediate family, except his brother. Because of the length of time it took for the emigration process, Applicant's brother turned 21 years of age and was no longer eligible to immigrate to the U.S. on his parents' visa. The rest of Applicant's immediate family have become U.S. citizens, have U.S. passports, and reside in the U.S. Applicant does not possess a valid Vietnamese passport and the foreign influence security concern of his brother being a resident and citizen of Vietnam has been mitigated. Applicant established that it was clearly in the national interest to grant him a security clearance. Security clearance is granted.


Financial

02/12/2003

The Applicant's financial difficulties, state tax liens for $57,000, were caused by circumstances beyond his control, a business downturn; and his being held responsible, although he was only a limited partner, for the tax liens of the other partners. He has recently retained legal representation to address the outstanding tax liens. Clearance is granted.


Drugs; Criminal Conduct

02/12/2003

This 55-year-old engineering technician for a defense contractor used and/or purchased marijuana and/or methamphetamines from 1987 to 1997. She was charged with and pleaded guilty to Possession of Methamphetamines, a felony, and Possession of Drug Paraphernalia, a misdemeanor. Sentence was deferred and Applicant successfully completed a diversion program, as a result of which the criminal case was dismissed. Mitigation has been established by the passage of time and demonstrated rehabilitation. Clearance is granted.


Foreign Preference; Foreign Influence

02/12/2003

Federal government cannot be equitably estopped from protecting classified information. Security clearance decisions must be based on current, not past, DoD policy and standards. Applicant's appeal arguments fail to show that the Administrative Judge weighed the record evidence in an arbitrary or capricious manner. It was not arbitrary or capricious for the Judge to weigh the significance of Applicant's surrender of a foreign passport in light of the record evidence as a whole. Harmless error concerning application of one Adjudicative Guidelines mitigating condition does not warrant remand or reversal. Adverse decision affirmed.


Foreign Preference; Foreign Influence

02/12/2003

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


Foreign Preference; Foreign Influence

02/12/2003

The Applicant has done everything possible to renounce his foreign citizenship, and surrender his foreign passport. His mother has passed away. There is also no evidence that any of the Applicant's siblings or half siblings are connected with any country's government, or are in a position to be exploited by any country. Clearance is granted.


Personal Conduct; Criminal Conduct

02/12/2003

Applicant's falsification of his drug abuse history on his 1994 security clearance application and during a 1999 subject interview suggests that he can not be relied upon to speak the truth if the truth presented potential adverse consequences to his personal interest. Applicant only disclosed the full extent of his drug abuse after being confronted by the Defense Security Service during a subject interview in 2001. Clearance denied.


Financial; Criminal Conduct

02/12/2003

The Applicant's past criminal conduct is distant enough in time so as to not to be of present security significance. The same can not be said of his present financial difficulties, however. The Applicant had past due indebtedness in excess of $12,000 to eleven different creditors. In 2001, he did pay a total of $185 towards this past due indebtedness; but other than most recently enrolling in a debt management program, he has done little else. Clearance is denied.


Personal Conduct

02/12/2003

Not until he was confronted with medical records showing periodic marijuana and speed use did Applicant come forward with a complete account of his drug use. Applicant's character evidence from his supervisor and the police chief is not enough to overcome the negative evidence under the personal conduct guideline. Clearance is denied.


Alcohol

02/12/2003

Applicant has not consumed alcohol during the past five years, and he is fully committed to abstaining from its use in the future. Clearance is granted.


Criminal Conduct; Personal Conduct

02/12/2003

The Applicant falsified a 1999 sworn statement regarding the true extent of his drug use. Adverse inference is not overcome. Clearance is denied.


Financial

02/12/2003

The Applicant's financial difficulties were caused by conditions beyond his control, medical emergencies and loss of employment. He has now addressed all of his past due indebtedness, and has a positive monthly cash flow of over $400. Clearance is granted.


Foreign Influence; Foreign Preference

02/12/2003

Applicant's conduct has always indicated a clear preference for the United States over Panama. The evidence does not establish that he is vulnerable to foreign influence. Clearance is granted.


Foreign Preference; Foreign Influence

02/12/2003

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


Drugs; Financial; Personal Conduct

02/12/2003

Applicant's drug use from 1974 until 1998, after having been granted a security clearance in 1981, and his material falsification on his security clearance application have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

02/12/2003

Applicant's excessive indebtedness, caused by several job lay-offs and poor financial management, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

02/11/2003

The Administrative Judge was not precluded from assessing Applicant's current security eligibility merely because she was granted a security clearance in the past. The Judge's findings and conclusions about Applicant's history of financial difficulties are not arbitrary, capricious or contrary to law. The negative security significance of Applicant's history of financial difficulties is not reduced or diminished by the possibility that an unfavorable security clearance decision might have adverse consequences for her employment situation. Adverse decision affirmed.


Foreign Preference; Foreign Influence

02/10/2003

While most of Applicant's conduct demonstrating foreign preference occurred before he became a U.S. citizen, his retention of property interests after naturalization (and loss of his South Korean citizenship) raises no foreign preference concern where Applicant disposed of the property once he became aware of the security significance of continued ownership. However, he was susceptible to potential foreign preference where his father and sister remained in South Korea, where his property interest (in the form of a moral if not legal debt to his father) was not resolved, and where he had continued contact with friends now employed by the South Korean government--a government known to target U.S. financial interests in its intelligence operations. Clearance denied.


Drugs

02/10/2003

Between 1972 and 1998, Applicant used marijuana approximately 1,000 times. Applicant has changed his lifestyle, no longer associates with individuals who use marijuana, intends never to use marijuana again, and has not used it for more than four and one-half years. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his prior marijuana use, clearance is granted.


Foreign Influence; Foreign Preference

02/10/2003

Applicant is a 47-year-old married man and dual citizen of the U.S. and the United Kingdom of Great Britain (U.K.). His remaining financial asset in the U.K. is less than 9% of his net worth and is minimal compared with his substantial U.S. financial interests. Despite his exercise of dual citizenship by possession and one-time use of a British passport after obtaining U.S. citizenship, the totality of his actions--including surrendering his British passport--shows a genuine preference for the U.S. over the U.K. Applicant has successfully mitigated the foreign influence and foreign preference security concerns. Clearance granted.


Financial

02/10/2003

Applicant's repeated statements in September 2001, March 2002, and October 2002 about paying off creditors or being in a payment plan, are not credible without documents in support of these statements. Clearance is denied.


Criminal Conduct; Sexual Behavior

02/10/2003

From late 1997 to late 1999, Applicant's reaction to stress caused him to repeatedly expose himself while driving his car. In 1998 he was arrested for taking indecent liberties with a child and indecent exposure. In 1999, he was again charged with indecent exposure. From January 2000 through January 2001, Applicant received therapy. The counselor believes the Applicant is at low risk to be involved similar inappropriate behavior in the future and sees no reason for concern about the Applicant's judgement. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his inappropriate conduct. Clearance is granted.


Personal Conduct; Criminal Conduct

02/10/2003

Applicant has failed to overcome the rebuttable presumption that the Administrative Judge considered all the record evidence. The Judge's findings of falsification are sustainable. Applicant has failed to demonstrate the Judge weighed the record evidence in a manner that is arbitrary or capricious. Applicant has failed to demonstrate the Judge failed to apply appropriate mitigating factors. Adverse decision affirmed.


Drugs; Personal Conduct

02/05/2003

Applicant used marijuana on two occasions once in the mid-1970's and again in September 2001. In October 2001, the Applicant made a signed, sworn statement stating he had never used illegal drugs, a statement which was false. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from this recent, false statement. Clearance is denied.


Foreign Preference; Foreign Influence

02/05/2003

Applicant obtained and still retains a passport of the United Kingdom through the British citizenship of her mother. She has made no effort to surrender that passport and has made certain equivocal statements regarding her preference for United Kingdom citizenship. Applicant was apprised of Department of Defense (DoD) policy set forth in the "Money Memorandum" of August l6, 2000 and has not complied with its requirements. Clearance denied.


Criminal Conduct

02/05/2003

Applicant failed to take advantage of his opportunity to present witnesses on his behalf at the hearing. Having failed to do so, Applicant waived his right to present witnesses to testify on his behalf in these proceedings. The Administrative Judge properly concluded that Applicant's 1982 conviction for conspiracy to distribute cocaine precluded a favorable security clearance decision because of 10 U.S.C. 986. Adverse decision affirmed. The Board does not recommend consideration of this case for a waiver under 10 U.S.C. 986.


Financial

02/03/2003

Applicant did not pay his local real estate taxes for tax year 1997, and the municipality filed a lien against his property in June 1998. Applicant subsequently satisfied his 1997 tax delinquency, but made only partial payments at his convenience on his real estate taxes for 1998 through 2001, choosing instead to allocate assets to his retirement funds. In July 2001, surprised his real estate tax debt had reached about $31,200.00, Applicant established a plan to pay off his delinquent taxes. He satisfied his delinquent taxes in March 2002. As of November 2002, Applicant was current on his financial obligations, including his 2003 real estate taxes, and committed to avoiding any conduct in the future which raises even an appearance of wrongdoing. Clearance is granted.


Financial

01/31/2003

Applicant with history of debts, mostly medical related, and two dated bankruptcies extenuates and mitigates her debt problems with demonstrated good-faith repayment efforts and overall showing of reliability and trustworthiness in her work and personal affairs. Clearance is granted.


Criminal Conduct

01/30/2003

Between Christmas 1981 and mid 1983, Applicant was AWOL from the Army. In 1985, the Applicant embezzled money from her employer and passed a number of worthless checks. Although the worthless checks charges were nolle prosequi, she was sentenced to two years imprisonment for the embezzlement. Because the misconduct is remote in time and because of clear evidence of rehabilitation, I find for the Applicant as to the criminal activity. However, because she was sentenced to imprisonment of more than one year, 10 U.S.C. section 986 applies. Clearance is denied. A waiver of 10 U.S.C. 989 is recommended.


Foreign Influence

01/30/2003

Applicant is a 35-year-old married man who at the age of 18, along with a brother, escaped Vietnam in 1985, and he was subsequently allowed to immigrate to the U.S. as a refugee. Since his arrival here in February 1987, Applicant has registered for the selective service, obtained U.S. citizenship, earned a college degree in mechanical engineering, and worked as a software engineer in the private sector. He recently married a Vietnamese woman who is now a permanent resident alien who intends to apply for U.S. citizenship. Their daughter is a native-born U.S. citizen. Although he has ties to Vietnam via travel, sending money, and family members, Applicant's commitment and ties to the U.S. are so substantial that he can be expected to resist and report any potential foreign influence or pressure. Clearance granted.


Foreign Preference; Foreign Influence

01/29/2003

Applicant is a dual U.S. Israeli citizen who was born in the U.S. and lived in Israel between the ages of one and 28. He exercised dual citizenship, used his Israeli passport after having been issued a U.S. passport, and has approximately $200,000.00 worth of inherited property located in Israel. His mother and sisters are dual citizens living in Israel. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the security concerns engendered by Applicant's exercise of dual citizenship and the foreign citizenship of his mother and sisters. Clearance is denied.


Financial

01/29/2003

Administrative Judge's findings and conclusions about Applicant's history of financial difficulties are sustainable, and they provide a rational basis for the Judge's overall security clearance decision. Adverse decision affirmed.


Personal Conduct

01/28/2003

Board cannot consider new evidence on appeal. Applicant waived his opportunity to present additional information for the Administrative Judge to consider when Applicant failed to respond to the File of Relevant Material. Judge's finding that Applicant falsified a security clearance application is sustainable. It was arbitrary and capricious and contrary to a pertinent provision of the Directive for the Judge to fail to discuss or analyze a 1998 incident that was listed in the Statement of Reasons. Judge's findings and conclusions about falsification are sufficient to support his overall security clearance decision. Adverse decision affirmed.


Foreign Influence; Foreign Preference

01/27/2003

Applicant is a 45-year-old married man and U.S. citizen who lived in Great Britain from age 14 until his return via his employment in 1998, and he has since settled permanently in the U.S. His family and financial connections are not of such extent and magnitude so as to create undue foreign influence. Despite his exercise of dual citizenship by obtaining British citizenship in May 2000, the totality of his actions--including applying to renounce his British citizenship--show a genuine preference for the U.S. Applicant has successfully mitigated and/or extenuated the foreign influence and foreign preference security concerns. Clearance granted.


Personal Conduct; Criminal Conduct

01/27/2003

The fact than an applicant has been arrested, standing alone, does not prove that the applicant engaged in criminal conduct. However, even if criminal charges have been dropped or dismissed, Department Counsel can present evidence to prove an applicant engaged in the conduct that was the basis of the criminal charges. The Administrative Judge did not err by applying Personal Conduct Disqualifying Condition 5. It was not arbitrary or capricious for the Judge to conclude Applicant's conduct under Guideline E and Guideline J warranted an adverse decision, independent of applying 10 U.S.C. 986 to Applicant's 1983 conviction. Adverse decision affirmed.


Alcohol; Personal Conduct

01/27/2003

Administrative Judge's findings of fact about Applicant's history of episodic alcohol abuse are sustainable. Favorable evidence cited by Applicant on appeal does not demonstrate the Judge's findings and conclusions are erroneous. Applicant's offer to undergo alcohol treatment program constitutes new evidence, which the Board cannot consider. Furthermore, neither the Judge nor the Board has the authority to administer such an arrangement. Adverse decision affirmed.


Criminal Conduct

01/24/2003

Applicant waived any objection to the Administrative Judge's consideration of an FBI document by failing to object to that document when he responded to the File of Relevant Material. Board cannot consider new evidence on appeal. Applicant cannot fairly challenge the Judge's findings based on information that he did not present for the Judge's consideration. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

01/24/2003

There is sufficient record evidence to support the Administrative Judge's findings that Applicant falsified a security clearance application. It was not arbitrary or capricious for the Judge to conclude that Applicant's falsifications were not mitigated by his job performance or the favorable endorsements provided by career Defense Department officials. Adverse decision affirmed.


Foreign Preference; Foreign Influence

01/23/2003

Applicant, a dual citizen of the United Kingdom (UK) and United States (US), acquired a UK passport after he had become a US naturalized citizen. The foreign preference concerns raised by his possession and use of a foreign passport are mitigated by his surrender of that passport with no intent to renew it. Applicant's parents, dual citizens of the UK and Israel, retired to Israel in 1973. They are not agents of a foreign power nor in a position to be exploited by a foreign power. Applicant has infrequent contact with his brother, a UK citizen residing in Italy, or with his sister, a resident citizen of Israel. While Applicant's spouse is a Mexican citizen, she has resided in the US since 1980 and has applied for US naturalization. The foreign citizenship and/or residency of these family members present little risk of foreign influence. Clearance is granted.


Criminal Conduct

01/22/2003

Applicant with prior conviction for drug-related activities and sentence in excess of 365 days is covered by the Smith Amendment's mandatory clearance bar. But in recognition of her significant rehabilitation efforts demonstrated in her schooling, job achievements, community recognition and family parenting success, further consideration of a waiver is recommended. Clearance is denied.


Financial; Personal Conduct

01/22/2003

Administrative Judge's findings that Applicant falsified two security clearance questionnaires are sustainable. It was not arbitrary or capricious for the Judge to conclude Applicant's falsifications were not mitigated by his subsequent disclosures. Applicant was not denied an opportunity to have legal representation and a fair hearing. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

01/21/2003

Applicant used marijuana from 1975/76 to the early 1990s and from about 1996 to at least late October 2001. After testing positive for marijuana during a random urinalysis in late November 2001, he was suspended for thirty days without pay from his defense contractor employ. Applicant was not candid about his illegal drug involvement on a January 2001 security clearance application or in two interviews with the Defense Security Service in December 2001. Security concerns persist because of his illegal drug involvement and repeated efforts to conceal his drug use from the Government. Clearance is denied.


Drugs; Personal Conduct

01/21/2003

Applicant's admitted use of marijuana during the time he held a security clearance accompanied by his avowed intention to abstain from further marijuana use if it is necessary to retain a clearance, is identical to his vow made five years earlier. Despite that vow, he resumed such use. In light of his continuing substance abuse while holding a security clearance, questions and doubts are raised as to his continued security eligibility and suitability. Clearance is denied.


Criminal Conduct; Financial

01/21/2003

Administrative Judge's conclusions about Applicant's financial history are reasonable given the record evidence. Board cannot consider new evidence on appeal. Applicant cannot fairly challenge the Judge's decision based on information that she did not submit for his consideration. Judge's findings about Applicant's history of financial difficulties and tax return filing delinquencies provide a rational basis for his security clearance decision. Adverse decision affirmed.


Criminal Conduct

01/21/2003

In the 1960's, Applicant was involved in four incidents of criminal conduct ending in 1968 when he pled guilty to offenses stemming from a burglary of a TV store. He was twice sentenced to one to five years confinement, the second occasion in 1968 when he served about two and one-half years until his discharge from prison in April 1971. He has since been a law-abiding citizen and continuously employed. He has worked for the same major defense contractor since 1984, holding a security clearance without incident since 1985. Under 10 U.S.C. 986, the Department of Defense is prohibited from renewing Applicant's security clearance based on his two sentences to confinement unless the prohibition is waived by the Secretary of Defense. Applicant's case is meritorious and a waiver is recommended. Clearance is revoked.


Foreign Preference; Foreign Influence

01/17/2003

Applicant's renewal of her foreign passport after her naturalization as a U.S. citizen--an active exercise of dual citizenship and an act demonstrating foreign preference--was mitigated where she never used the passport, renewed it primarily in anticipation of travel to Lebanon in support of a World Bank contract at a time when she had no clearance, and had effectively complied with the "Money Memo" before she became aware of its provisions (the passport had expired and she had lost it). Applicant's prospective foreign influence was mitigated where her contacts with her father were minimal and where there was nothing in her relationship with her father--including his property holdings and employment as a judge in Iran over 20 years ago--to suggest that she would be subject to pressure on his behalf. Clearance granted.


Criminal Conduct; Drugs

01/16/2003

Applicant waived a hearing by failing to place DOHA on clear, unequivocal, and timely notice that he wanted a hearing. Board cannot consider new evidence on appeal. Under the Directive, neither the Board nor the Administrative Judge is authorized to grant Applicant a security clearance conditioned on his submitting to drug testing. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

01/16/2003

An applicant's denial of any intent to falsify does not preclude an Administrative Judge from making a finding of falsification. There is sufficient record evidence to support the Judge's finding that Applicant falsified a security clearance questionnaire. The Judge's favorable conclusions about Applicant's past conduct did not undercut her separate finding that Applicant engaged in falsification. Adverse decision affirmed.


Personal Conduct

01/15/2003

Although a criminal indictment, standing alone, may not be sufficient to constitute proof of the conduct alleged therein, it does not follow that a criminal indictment has no probative value in DOHA proceedings. Whether the concept of imputed knowledge can be appropriately applied in any given case will depend on the particular facts of the case. The application of Adjudicative Guidelines for or against clearance is not reducible to a simple formula, but rather requires an adjudicator to exercise sound judgment within the parameters set by the Directive. Maintaining public confidence in the industrial security program can be a factor in making a clearance decision. The Board need not agree with the Administrative Judge's findings and conclusions to decide that Department Counsel has failed to demonstrate they are arbitrary, capricious, or contrary to law. Favorable decision affirmed.


Personal Conduct

01/15/2003

Although a criminal indictment, standing alone, may not be sufficient to constitute proof of the conduct alleged therein, it does not follow that a criminal indictment has no probative value in DOHA proceedings. Whether the concept of imputed knowledge can be appropriately applied in any given case will depend on the particular facts of the case. The application of Adjudicative Guidelines for or against clearance is not reducible to a simple formula, but rather requires an adjudicator to exercise sound judgment within the parameters set by the Directive. Maintaining public confidence in the industrial security program can be a factor in making a clearance decision. The Board need not agree with the Administrative Judge's findings and conclusions to decide that Department Counsel has failed to demonstrate the Judge's decision is arbitrary, capricious, or contrary to law. Favorable decision affirmed.


Criminal Conduct

01/14/2003

Applicant is a 47-year-old man seeking to retain a top-secret security clearance he has held since January 1993. Applicant willfully failed to file individual federal income tax returns for tax years 1991 through 1998, in violation of 26 U.S.C. 7203, a federal misdemeanor offense, raising a security concern under Guideline J for criminal conduct. Although filing the belated returns in April and July 2002 is the first step toward rehabilitation, it is too soon to tell if his long-term pattern of behavior is a thing of the past or a firmly established part of his character. Clearance is revoked or denied.


Financial

01/13/2003

Applicant owes approximately $12,000.00 on three debts, two of which have been charged off. The Applicant acknowledges owing the money and intends to make payment on the debts at some future date. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his debts. Clearance is denied.


Foreign Preference; Foreign Influence

01/13/2003

Applicant was born in Iran and was a dual U.S. Iranian citizen who renewed his Iranian passport after becoming a naturalized U.S. citizen. In the early 1980's, he served in the Iranian military. His mother, a permanent U.S. alien, is an Iranian citizen. Since coming to the U.S. in 1984, Applicant has made two brief trips to Iran. In June 2002, he surrendered his Iranian passport and denounced his foreign citizenship. The security concerns engendered by the foreign citizenship of his mother and the concerns about the prior possession of a foreign passport are mitigated. Clearance is granted.


Criminal Conduct; Sexual Behavior; Personal Conduct

01/13/2003

Administrative Judge erred by finding that both sets of criminal charges against Applicant were dismissed with prejudice. Judge erred by drawing favorable inference from fact that one set of criminal charges was dismissed with prejudice. Judge erred by accepting Applicant's speculation about the motives of the mother of one of the alleged victims. Judge gave undue weight to testimony of Applicant's supervisor. There is considerable record evidence that runs contrary to the Judge's findings. Favorable decision reversed.


Foreign Influence; Personal Conduct

01/10/2003

In security clearance adjudications, an applicant's conduct should be evaluated in terms of the reasonable person standard. The Administrative Judge's findings and conclusions about Applicant's failure to disclose his numerous contacts with representatives of foreign governments are arbitrary and capricious and not sustainable. Judge does not have unfettered discretion in applying provisions of the Adjudicative Guidelines. Favorable decision reversed.


Criminal Conduct

01/09/2003

During the period 1975 to 1987 Applicant was convicted of several criminal offenses, one of which resulted in a sentence to confinement for two years, thus requiring denial of security clearance under the provisions of Title 10 United States Code section 986. However, Applicant furnishes evidence of reform, rehabilitation, and changed behavior sufficient to support a recommendation for meritorious waiver in his case. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

01/09/2003

Applicant, who used marijuana from about 1976 to at least late 2000, falsely denied on security clearance applications completed in January 1994 and April 2001, and in an October 1994 sworn statement that he had used any illegal drug. At his hearing, he claimed to have used marijuana only once in his life, recanting prior admissions of marijuana use as frequent as once to twice a week. Applicant also did not disclose on his security clearance applications felony charges of breaking and entering in 1978 and assault with a motor vehicle in May 1982 as the charges had been filed and he did not want to hinder his chance of obtaining a security clearance. Applicant's heroism in saving the life of a victim of a crime in 1988 is in his favor, but it is not enough to overcome the risk of future drug abuse and the doubts for his judgment, trustworthiness and reliability caused by his repeated falsifications. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

01/08/2003

The Administrative Judge's findings and conclusions about Applicant's long-standing failure to satisfy a delinquent debt, and his falsification of a security questionnaire, are sustainable. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

01/08/2003

Board cannot consider new evidence on appeal. Neither the Board nor Hearing Office Administrative Judges have jurisdiction or authority over actions of security personnel conducting background investigations. Actions of security personnel cannot be considered unless a party demonstrates how such the actions of such personnel are pertinent to a factual or legal issue that falls within the jurisdiction of DOHA. A Judge can make a finding of falsification even in the face of an applicant's denial of any intent to falsify. There is sufficient record evidence in this case to sustain the Judge's finding that Applicant falsified a security clearance application. Adverse decision affirmed.


Foreign Preference; Foreign Influence

01/07/2003

Applicant's application for a Latvian passport after his naturalization as a U.S. citizen--even if used only to prove his Latvian citizenship to secure title to ancestral lands illegally confiscated by the Soviet Union at the end of WWII--demonstrated an unacceptable preference for his Latvian citizenship. His failure to comply with the provisions of the "Money Memo" required revocation of his clearance. Substantial current value of ancestral lands--even if not readily accessible or of greater value to Applicant's descendants--subjected Applicant to unacceptable risks of foreign influence. Clearance denied.


Drugs

01/07/2003

Applicant, a 33-year-old employee of a defense contractor, used marijuana, cocaine, and LSD when he was 16 years old. After forsaking drugs, he completed high school and worked his way through college. In 1999, shortly before he was graduated, he used marijuana again on at least a couple of occasions and ingested ecstasy on approximately four occasions. Although he claims he stopped using drugs before he applied for his position with the defense contractor, Applicant admits that, as late as 2001, after starting his employment and having a drug screen, he inhaled "one breath" of marijuana at a social function. Applicant failed to establish that it is in the national interest to grant him a clearance. Clearance is denied.


Drugs

01/07/2003

Applicant's recreational abuse of marijuana from 1983 to February 2001 was not mitigated where Applicant had left open the possibility of future use during a subject interview in February 2001, and her September and December 2002 statements of intent to refrain from drug use in the future were not credible. Clearance denied.


Financial; Personal Conduct; Criminal Conduct

01/07/2003

There is a rebuttable presumption that the Administrative Judge considered all the record evidence. Most of the Judge's factual findings are sustainable. The factual errors identified by Applicant are harmless. The Judge's application of the Adjudicative Guidelines is reasonable in light of the Judge's sustainable factual findings. Adverse decision affirmed.


Criminal Conduct

01/06/2003

In 1970, Applicant was convicted, pursuant to his guilty pleas, of two counts of grand larceny, a felony. He was sentenced on each count to two years imprisonment, suspended, with the sentences to run concurrently. He has been gainfully employed and has not been in trouble with the law since then. He has held a security clearance for a number of years. However, 10 U.S.C. 986 prohibits the Department of Defense from granting Applicant a security clearance absent a waiver by the Secretary of Defense. Applicant's security clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Alcohol

01/03/2003

Board cannot consider new evidence on appeal. Security clearance decisions are not limited to consideration of an applicant's job performance. Off-duty alcohol abuse raises security concerns. Federal government need not wait until an applicant commits a security violation before it can deny or revoke access to classified information. Even if Applicant does not require access to classified documents to perform his duties, having access to classified areas places him in a position of having knowledge of, and access to, sensitive matters that require protection no less than that accorded to classified documents. Adverse decision affirmed.


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