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2004 Industrial Security Clearance Decisions

 

These 1,302 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

Criminal Conduct; Personal Conduct

12/30/2004

Applicant, a 51-year-old employee of a defense contractor, was arrested in January 2000 while on active duty with the Navy and charged with larceny at a base exchange. He was brought before a captain's mast, pled guilty, and received non-judicial punishment of a letter of reprimand. Applicant falsified information about the incident on two security clearance applications (SF 86) in 2002 and 2003, and to a security investigator in 2002. Clearance is denied.


Foreign Influence

12/30/2004

Applicant is a 56-year-old naturalized citizen of the United States. He was born in South Vietnam, and was an officer in the South Vietnamese Navy until the country was overrun by the communists in 1975. Applicant escaped to the United States, graduated from college here, and has worked for a defense contractor for 23 years. One of Applicant's brothers and three of his sisters still live in Vietnam. Applicant has not spoken to these sisters since he left Vietnam in 1975, however he writes to them once or twice each year and sends small monetary gifts. Applicant speaks to his brother by telephone several times a year. Applicant has extensive ties to the United States, including his spouse, two brothers, and substantial financial interests. Applicant has mitigated the security concerns arising from the possible foreign influence. Clearance is granted.


Financial; Security Violations; Personal Conduct

12/30/2004

Although the passage of time can potentially mitigate adverse conduct, the time element is individually insufficient to overcome the intentional security violation and rule violations. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

12/30/2004

Nothing in Executive Order 10865, the Directive, or generally applicable principles of federal administrative law entitles Applicant to expect or receive the assistance of DoD personnel as surrogate advocates for him. Having decided to represent himself in the proceedings below, Applicant cannot fairly complain that he did not do a better job to prepare and present his case for the Administrative Judge to consider. The Judge's findings about Applicant's multiple acts of falsification are supported by the record evidence. The absence of vulnerability to blackmail or coercion does not preclude a Judge from considering whether an applicant's conduct or circumstances raise security concerns unrelated to such a vulnerability. Except for the possibility of two errors that would be harmless under the particular facts of this case, Applicant has not shown the Judge's application of the Adjudicative Guidelines was arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial; Personal Conduct

12/30/2004

Applicant has a history of delinquent debts incurred between 1995 and 2001 during periods of his military deployment. The listed debts total over $25,000.00 and remain significant (save for three which have been resolved) after some earlier unsuccessful debt consolidation efforts. Applicant's repayment efforts remain too much a work in progress to make any safe predictable judgments at this time about his debt resolution prospects. Additionally, Applicant omitted most of his debts when answering his June 2002 security clearance application. His concealment of relevant information about his finances raises security concerns about his judgment and reliability, which is not mitigated. Clearance is denied.


Financial; Personal Conduct

12/30/2004

Applicant is an administrative assistant for a defense contractor. She submitted a security clearance application stating that in the last seven years she had no judgments against her and no debts past due over 180 days. A credit bureau report revealed seven significant long standing debts to include three civil judgments and three debts past due over 180 days. Applicant admitted most of the debt and admitted she did not provide the correct information on the security clearance application. Clearance is denied.


Drugs; Personal Conduct; Financial

12/29/2004

Applicant has a long history of substance abuse. He gave false or incomplete answers on his security application to questions involving felony arrests, alcohol-related offenses, illegal controlled substance use, military disciplinary proceedings, use of illegal substances while holding a security clearance, and property repossession. He failed to disclose the extent of his illegal substance use in a signed, sworn statement to a security investigator. Applicant failed to mitigate security concerns based on drug involvement and personal conduct. He rebutted allegations involving financial considerations. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

12/29/2004

Fifty-four-year-old Applicant--the victim of a scam--scrambled to save $300,000.00 in investments (originally on a scheme to triple his money). His greed led him to a pattern of breaking the law by writing checks on accounts with insufficient funds, kiting checks, forging his wife's name on checks written against her account, and embezzling funds from a non-profit civic organization for which he was the interim treasurer. He was convicted of attempted theft 2nd degree and sentenced to 365 days in jail (suspended), fined $5,000.00 (suspended), placed on unsupervised probation for one year, and the sentence was deferred for one year. One year later, the court ordered the finding of guilt to be withdrawn and the cause to be dismissed with prejudice. Grave questions and doubts remain as to his security eligibility and suitability. Clearance is denied.


Financial; Personal Conduct

12/29/2004

The SOR alleged Applicant owed eight debts totaling approximately $22,000. One debt was paid and the others discharged in bankruptcy. It was also alleged she gave false answers on her security clearance application. The available information is sufficient to mitigate or extenuate the negative security implications stemming from the debts and personal conduct. Clearance is granted.


Financial

12/29/2004

Applicant owed 12 debts totaling just under $40,000. All but one of the debts was discharged in bankruptcy. The remaining debt does not establish Applicant is financially overextended. The available information is sufficient to mitigate or extenuate the negative security implications stemming from his debts. Clearance is granted.


Financial

12/29/2004

Applicant's financial problems arose during a six month period in 1996-1997 in which he was unemployed. Therefore, Mitigating Condition 3 is applicable to Applicant's initial financial delinquencies. However, it does not completely absolve his failure to resolve his financial delinquencies over the last seven years. Although Applicant has settled a delinquent automobile loan and rehabilitated his student loan, he has failed to mitigate a delinquent automobile loan that resulted in judgment against him in 2001 in the amount of $5, 594.00. Applicant has also failed to demonstrate that he paid the two smallest debts addressed by the SOR or that another debt to a bank resulted from excessive charges. In addition, his contention that one debt is duplicated by the SOR is not supported by evidence of record. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

12/29/2004

Under the Directive, the Board is not authorized to review the record evidence de novo and make its own findings of fact. The Board does not have to agree with the Administrative Judge's findings of fact to conclude they are supported by substantial record evidence. It is untenable for Department Counsel to challenge the Judge's decision by trying to raise -- for the first time on appeal -- allegations of falsification not covered by the Statement of Reasons. Apart from the Adjudicative Guidelines disqualifying and mitigating conditions, a Judge must evaluate an applicant's case under the general factors of Directive, Section 6.3 and Adjudicative Guidelines, Item E2.2.1. Department Counsel has not shown that the Judge's error concerning Personal Conduct Mitigating Condition 2 is harmful in this case. Favorable decision affirmed.


Foreign Preference; Foreign Influence

12/28/2004

Forty-five year old Applicant (who immigrated to the U.S. in 1978)--a naturalized U.S. citizen working for a U.S. government contractor overseas--resides overseas with his wife (a Syrian-born citizen in the process of seeking U.S. citizenship) and three daughters (all of whom are U.S. citizens). He has family members who are naturalized U.S. citizens residing in the U.S. as well as family members who are Syrian citizens residing in Syria or Saudi Arabia. The foreign citizenship and residency status of those family members, none of whom are agents of a foreign government or in positions to be exploited by those foreign governments, does not constitute an unacceptable security risk. The government's security concerns have been mitigated by Applicant's strong preference for, and demonstrated loyalty and allegiance to, the United States, over Syria. Clearance is granted.


Foreign Influence; Foreign Preference

12/28/2004

Applicant no longer has relatives living in Iran. He renounced his Iranian citizenship and surrendered his Iranian passport. Clearance is granted.


Financial

12/28/2004

Applicant is 47 years old. He successfully held a security clearance during his ten years in the U.S. Navy and during his 18 years of employment with a defense contractor. Applicant has a history of failing to meet his financial obligations, resulting in delinquencies, judgments, and garnishments. In 2001, Applicant initiated Chapter 13 bankruptcy proceedings for most of his outstanding debts, and has made regular payments on the repayment plan since that time. Applicant failed to resolve some delinquent debts not included in the bankruptcy action. Considering all the circumstances, including Applicant's efforts at repayment, the extent of the delinquent debts, the potential for pressure, exploitation, or duress, and his record of duty performance, Applicant has mitigated the security concerns arising from his financial problems. Clearance is granted.


Alcohol, Criminal Conduct, Financial

12/28/2004

Applicant has mitigated security concerns about his alcohol-related arrests, his criminal conduct related to those arrests, and over his debts which totaled $10,000 . He provided evidence that he has reformed his conduct since the last arrest in December 2000. He now is committed to sobriety, attends AA, and has established his rehabilitation. He has paid all his debts. Also, he has a 30-year history of outstanding performance on the job. Clearance is granted.


Foreign Influence

12/28/2004

Applicant is a 43 year-old naturalized United States citizen, born in the Laos. Her three brothers and one sister are citizens and residents of Laos. Her mother and two brothers are citizens of the United States, but remain residents of Laos. The extremely limited evidence offered into the record could not demonstrate that Applicant's family is not in a position to be exploited, and could not mitigate the foreign influence security concerns of the United States Government. Clearance is denied.


Foreign Influence; Foreign Preference

12/28/2004

Applicant and her husband were born in Taiwan and are naturalized U.S. citizens. Applicant's parents, father-in-law, two brothers, sisters-in-law, and brother-in-law are citizens and residents of Taiwan. Her husband works in the U.S. for a German-owned technology company. Applicant has renounced her Taiwanese citizenship and destroyed her expired Taiwanese passport. Security concerns based on foreign influence and foreign preference are mitigated. Clearance is granted.


Alcohol

12/28/2004

Applicant has failed to rebut the presumption that the Administrative Judge considered all the record evidence. There is no legal requirement that a Judge must accept a witness's testimony merely because it is unrebutted. Given the record evidence in this case, the Judge did not err by finding that Applicant abused alcohol in February 2004. The security significance of Applicant's drinking in February 2004 is not reduced or diminished merely because it did not result in an arrest or other involvement with law enforcement officials. The Judge had a rational basis for deciding to not apply Alcohol Consumption Mitigating Conditions 2 and 3. The decision of one Hearing Office Judge is not legally binding precedent on the Judge's colleagues in other cases. Adverse decision affirmed.


Criminal Conduct; Sexual Behavior

12/28/2004

Applicant is a 36-year-old employee of a defense contractor who was arrested in 2000 in a restroom after accepting an offer by a local police officer for oral sex. He plead nolo to indecent exposure and was fined and given a suspended sentence of one year with supervised probation . This one arrest is the only criminal conduct with which the Applicant has been charged either before or since except for traffic violations. Applicant acknowledged the incident on his SF 86. He has expressed chagrin about the incident, indicated that he has learned his lesson, and that such an incident would never re-occur. Clearance is granted.


Financial

12/28/2004

Board cannot consider new evidence on appeal. Applicant had a reasonable opportunity to submit record evidence for the Administrative Judge to consider in her case during the proceedings below. The legal availability of filing for bankruptcy does not preclude a Judge from considering the overall history of an applicant's financial difficulties. Given the record evidence of Applicant's repeated use of the bankruptcy process over the past 20 years -- with Applicant having recurring financial difficulties despite the financial relief provided by each bankruptcy discharge -- it was not unreasonable for the Judge to decide that Applicant's recent Chapter 13 bankruptcy filing did not demonstrate financial reform and rehabilitation that warranted a conclusion that Applicant had successfully overcome her long history of recurring financial difficulties and was not likely to have them again. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

12/27/2004

Applicant failed to mitigate security concerns raised by her criminal conduct--several arrests for assault and battery--and her personal conduct--deliberately falsifying her security clearance application by failing to list all of her arrests and her use of marijuana. Clearance is denied.


Security Violations; Personal Conduct

12/27/2004

Applicant was involved in three incidents involving classified materials: (1) she forgot to secure her safe on one occasion; (2) she inadvertently moved classified material to an unclassified computer because a colleague failed to identify the material as classified; and (3) she failed to double-check a colleague's safe at the end of the day, as required by local security procedures. Security concerns under Guidelines K and E are mitigated. Clearance is granted.


Foreign Influence

12/27/2004

Applicant mitigated security concerns over foreign influence raised because her elderly mother and two brothers are citizens of China. It is improbable that foreign pressure on her mother or brothers would create a situation that could result in the compromise of classified information as Applicant attests she would report any attempt to her security officer. Eligibility is granted.


Foreign Influence

12/27/2004

Applicant mitigated security concerns over foreign influence raised because her parents are citizens of Taiwan (Republic of China) who reside in the U.S., over her brothers who were born in Taiwan but who are now naturalized U.S. citizens, and over her distant relatives who are citizens of and residents of Taiwan but who have no ties to the Government of Taiwan. It is improbable that foreign pressure on her parents in the U.S. or these other relatives in Taiwan would create a situation that could result in the compromise of classified information. Applicant attests she would not be subject to duress as her loyalty is exclusively to the U.S. Clearance is granted.


Criminal Conduct; Sexual Behavior; Personal Conduct

12/22/2004

Applicant's criminal, sexual behavior committed against his stepdaughter for a period of eight years ending when he was caught in 1993, that is aggravated by his repeated attempts to conceal his crimes during the course of a security investigation in 2002 and 2003, disqualifies him from access to classified information. Clearance is denied.


Sexual Behavior; Personal Conduct; Information Technology

12/22/2004

Applicant is unable to successfully mitigate the security concerns stemming from his sexual behavior at the workplace (downloading pornography) and personal conduct, which includes falsification of his security-clearance application. Clearance is denied.


Financial

12/22/2004

Applicant is a 39-year-old man, employed by a defense contractor since 1997, who has a history of financial delinquencies. After being discharged from his debts through bankruptcy in 1998, he again accumulated debts that he is unable to pay timely and consistently. Applicant has failed to mitigate the security concerns caused by his financial considerations. Clearance is denied.


Personal Conduct; Financial; Drugs; Criminal Conduct

12/22/2004

Applicant lied about the extent of his drug use on his security clearance application because he feared he would not be granted a security clearance if he told the truth. He intends to continue to use illegal drugs, and is thus disqualified under 10 U.S.C. 986 (c)(2) from being granted a security clearance. Clearance is denied.


Personal Conduct; Financial

12/22/2004

Applicant admits 10 financial delinquencies, several of which date back to 2000 and 2001. Another delinquency dates to 1995. Applicant falsified material facts about his financial liabilities on the security clearance application he completed and certified in July 2002. Applicant's financial problems and his lack of candor raise serious security concerns. Clearance is denied.


Personal Conduct; Criminal Conduct; Sexual Behavior

12/22/2004

Applicant is not entitled to have multiple hearings in his case. Applicant has not rebutted the presumption that the Administrative Judge considered all the record evidence. Considering the record as a whole, the Judge's decision reflects a reasonable evaluation of Applicant's case under the whole person concept. Given the record evidence in this case, the Judge's conclusions about the security significance of Applicant's conduct are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Alcohol; Personal Conduct

12/22/2004

The Applicant was arrested for Driving Under the Influence in 1998. He was convicted and sentenced to three years summary probation. He had two subsequent, minor, alcohol related incidents in 2000 and 2001. Since 2001 he has severely reduced his drinking and shows a credible intent not to be involved in alcohol related incidents in the future. He did not falsify a statement to Defense Security Service (DSS). The Applicant did not show poor judgment in agreeing to sponsor his brother's foreign born wife for entry into the United States. Adverse inference is overcome. Clearance is granted.


Financial; Personal Conduct

12/22/2004

The Administrative Judge's material findings of fact about Applicant's history of financial difficulties are sustainable. Applicant has not shown that the Judge's conclusions are arbitrary, capricious, or contrary to law. Board need not decide whether Judge's erroneous interpretation of a Board decision on falsification is harmful error in this case because the Judge's conclusions under Guideline F are sufficient to support his unfavorable security clearance decision. Adverse decision affirmed.


Drugs; Alcohol; Personal Conduct

12/22/2004

Applicant has a history of illegal drug involvement and alcohol abuse. Personal conduct concerns also arose due to Applicant's falsification of his security clearance application. Applicant mitigated drug involvement and alcohol consumption concerns. However, he failed to mitigate the personal conduct concern. Clearance is denied.


Drugs

12/21/2004

Applicant used cocaine from September 1998 until April 2001, when he entered a treatment program. He was diagnosed with cocaine dependence and manic depression. After completing a course of treatment, Applicant returned to using cocaine. In January 2002, a day after wrecking his own car while under the influence of cocaine, he damaged a rental car while under the influence of cocaine. Applicant received additional treatment for his cocaine dependence from March to August 2002. Applicant failed to mitigate the drug involvement security concerns and is barred from being granted a security clearance under 10 U.S.C. 986(c)(2) because of his cocaine addiction. Clearance is denied.


Criminal Conduct; Alcohol

12/21/2004

Applicant is a 43-year-old employee of a defense contractor, seeking renewal of his security clearance. He has a record of two convictions for drunk driving. The first incident was in 1984 when he was about 22 years old. The second was in September 2002. Applicant drank alcoholic beverages until about 2:00 a.m., slept, got up early, ran errands, and became involved in a traffic accident at about noon. His blood-alcohol content was at or above .10% eleven hours after he stopped drinking. Applicant mitigated the security concerns arising from his first conviction, because it was not recent. Applicant failed to mitigate the security concerns arising from his second conviction, or the excessive alcohol consumption that resulted in the offense, because his claims of successful rehabilitation are not credible. Clearance is denied.


Drugs; Personal Conduct

12/21/2004

Applicant used marijuana regularly while he was employed by a defense contractor. He continued to use it while his security clearance application was pending. He stopped using marijuana in December 2001, has not used it since, and has no desire to use it in the future. Security concerns based on marijuana use are mitigated. Clearance is granted.


Financial; Drugs; Personal Conduct

12/21/2004

Applicant has had a long history of financial difficulties, the majority of which have not been resolved. Additionally, Applicant's credibility is suspect since she knew or should have known that the information that she provided to the Government in a Security Clearance Application (SCA) in January 2002, regarding her usage of marijuana, especially while holding a security clearance, was materially incorrect and incomplete.. Mitigation has not been shown. Clearance is denied.


Foreign Influence

12/21/2004

Applicant is unable to successfully mitigate the foreign influence security concern due to his family ties to Syria. Clearance is denied.


Financial; Personal Conduct

12/21/2004

Given the totality of the facts and circumstances of Applicant's overall history of financial difficulties, the Administrative Judge's factual errors concerning a few debts are harmless. Decisions by one Hearing Office Judge are not legally binding precedent on another Hearing Office Judge in a different case. Applicant's filing for Chapter 13 bankruptcy did not preclude the Judge from considering the security significance of Applicant's history of financial difficulties, or compel the Judge to conclude Applicant had demonstrated financial reform and rehabilitation sufficient to warrant a favorable security clearance decision. Adverse decision affirmed.


Financial; Personal Conduct

12/21/2004

Applicant has a history of not meeting his financial obligations. After several Chapter 13 bankruptcies were dismissed, Applicant appears to be making progress on paying off all but one of his debts. Applicant deliberately falsified his security clearance application by denying his security clearance had previously been revoked and the IRS had placed tax liens against him. Clearance is denied.


Financial

12/20/2004

Applicant's financial indebtedness remains current and he has not made a good faith effort to resolve is debts. There is no evidence of reform and rehabilitation. Clearance is denied.


Alcohol

12/20/2004

Applicant has a long history of binge drinking to the point of intoxication. In December 2002, he was found passed out drunk on a lavatory floor at his place of employment. Applicant received extensive treatment and counseling, but resumed heavy drinking in July 2003, a month after his treatment ended. Although Applicant has been sober for 12 months, he failed to establish a sufficient record of sobriety to mitigate the alcohol consumption security concerns. Clearance is denied.


Financial; Personal Conduct

12/20/2004

Applicant is unable to successfully mitigate the security concern raised by his history of not meeting his financial obligations. Also, he failed to explain or mitigate the security concern raised by a false answer about his financial record on his security-clearance application. Clearance is denied.


Financial

12/20/2004

Applicant's financial indebtedness remains current and he had not made a good faith effort to resolve his debts. There is no evidence of reform and rehabilitation. Clearance is denied.


Alcohol; Criminal Conduct

12/20/2004

Applicant's history of alcohol abuse and criminal conduct resulting in four arrests and convictions for Driving While Intoxicated have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

12/20/2004

Applicant is a security guard for a defense contractor. She has five significant debts totaling in excess of $34,000 written off as bad debts or in collection. Applicant claims she has settled most of these debts and is working on a payment plan for the remaining debt, but offered not information to establish she settled or resolved the debts. She did not list all of these debts on her security clearance application but did fully and completely discuss them with a Defense Security Service special agent. Applicant did not mitigate the allegations of financial considerations, but did mitigate the allegations of personal conduct and criminal conduct. Clearance denied.


Alcohol

12/20/2004

Applicant's gambling addiction caused him to incur debts which he could not pay. Applicant failed to establish that he has his gambling addiction under control. Clearance is denied.


Foreign Preference; Foreign Influence

12/20/2004

Forty-one year old Applicant (who immigrated to the U.S. in 1981) and two of his siblings are naturalized U.S. citizens residing in the U.S. Applicant resides here with his native-born U.S. citizen wife and two children. The Jordanian citizenship and residency status of Applicant's mother and seven other siblings, none of whom are agents of a foreign government or in positions to be exploited by the Jordanian government, and whom Applicant has not seen since 1981, does not constitute an unacceptable security risk. Under the specific facts in evidence herein, the government's security concerns have been mitigated by Applicant's strong preference for, and demonstrated loyalty and allegiance to, the United States, over Jordan. Clearance is granted.


Foreign Influence

12/20/2004

Applicant mitigated security concerns over foreign influence raised because his parents and brother are citizens of Taiwan (Republic of China). It is improbable that foreign pressure on his parents or brother (who have no ties to the Government of Taiwan) would create a situation that could result in the compromise of classified information as Applicant attests he would report any attempt to his security officer. Given the large proportion of his assets in the U.S. where he lives with his wife and three children, his assets in Taiwan are not sufficient to raise security concerns. Clearance is granted.


Foreign Preference; Foreign Influence

12/20/2004

Applicant's exercise of dual citizenship, his possession of a foreign passport and is close foreign family ties have not been mitigated.


Drugs; Personal Conduct

12/20/2004

Applicant's drug use and personal conduct raise security concerns as she used illegal drugs extensively from 1983 until 2001; and she continued to use illegal drugs (marijuana) to October 2001, after she joined the staff of a defense contractor. She failed to demonstrate clearly her intent to avoid all drug use in the future. She failed to disclose her past and current drug use in her SF 86 even though she certified by her May 2001 signature that her answers were truthful. Clearance is denied.


Personal Conduct

12/17/2004

Applicant deliberately falsified three applications for employment by claiming he had received a bachelor of science degree in computer science. He also falsified a statement he gave to a security investigator by claiming he had only falsified one application. Clearance is denied.


Foreign Influence; Personal Conduct

12/17/2004

Applicant's conduct in willfully falsifying both his educational and experience credentials on his employment application raises security concerns. His defense for his falsification, while understandable, is not credible as he put his own interests in getting a job ahead of his duty to be honest. On the other hand, he mitigated security concerns over foreign influence resulting from his mother's and siblings' citizenship in Vietnam - seven live in Vietnam and one in Japan. As none of the family members have any ties to the government, I conclude there is no substantial likelihood that they would be subject to duress and thus exercise foreign influence over Applicant. Given his limited contact, it is improbable that foreign pressure on his family would create a situation that could result in the compromise of classified information. Clearance is denied.


Drugs

12/17/2004

Applicant has a history of illegal drug involvement dating from his high school years to September 2000. He used cocaine during periods of extended leave while on active duty in the U.S. military, with increasing frequency after he began to solicit the services of prostitutes. After spending $400 over two days on cocaine in June 1995, he began an involvement with spiritual-based recovery groups (primarily Alcoholics Anonymous) but struggled in a pattern of short-term abstinence followed by relapse. With the help of an AA sponsor, he remained drug-free from about May 1997 until August 2000 when, for a 20 or 30-day period into September, he went to strip clubs and used heroin as well as cocaine. He has abstained from illegal drugs since September 2000, but continues to struggle with sexual addiction issues. Given his history of drug use in the context of sexual encounters with prostitutes, and drug relapse after abstaining for as along as 3.5 years, the risk of future drug use cannot be ruled out. Clearance is denied.


Criminal Conduct

12/17/2004

Regardless of how Applicant's status is viewed under state law based on the state court's disposition of the criminal charge against him, the record evidence that Applicant pleaded guilty to insurance fraud is sufficient for the Administrative Judge to conclude Applicant engaged in the criminal conduct covered by the criminal charge to which he pleaded guilty. The Judge did not make a negative credibility determination based on an impermissible basis. The Judge's error concerning Applicant's age is harmless under the particular facts of this case. The Judge properly relied on the record evidence that Applicant is still on probation. Considering the record as a whole, it was not arbitrary, capricious, or contrary to law for the Judge to conclude Applicant had not presented sufficient evidence to overcome the negative security implications of his insurance fraud. Adverse decision affirmed.


Foreign Influence; Foreign Preference; Personal Conduct

12/17/2004

Applicant is a U.S. citizen working for a defense contractor in Southern California. He has a financial interest in the residential property where he lives in Tijuana, Mexico. His wife, children, mother, younger sister, mother-in-law, and father-in-law are citizens and residents of Mexico. He used his aunt's California address to obtain a California vehicle registration, driver's license, and a U.S. Alien Registration card for his wife. He pays U.S. and California taxes, votes in California, and has served on a California jury. Security concerns based on foreign preference are mitigated, but concerns based on foreign influence and personal conduct are not mitigated. Clearance is denied.


Alcohol; Personal Conduct

12/17/2004

Applicant's alcohol-related conduct in 1991 raises security concerns that are mitigated by the absence of alcohol-related behavior since then. Though Applicant was charged with alcohol-related behavior in November 2000, the charges were dismissed at the police station because Applicant's blood tested below the legal limit on two occasions. Clearance is granted.


Foreign Influence; Personal Conduct; Criminal Conduct

12/17/2004

Applicant's spouse is a citizen of the People's Republic of China (PRC) whose parents and sibling are resident citizens of the PRC. There is an unacceptable risk of undue Foreign Influence where these family members are subject to the laws and/or physical reach of a foreign government known to aggressively target U.S. interests. Applicant was not candid about his past drug use when he completed his security clearance application (SF 86) in February 2001, and while he corrected the record voluntarily during a subsequent interview, his rectification was not sufficiently prompt to overcome the Personal Conduct and Criminal Conduct concerns. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

12/17/2004

Applicant has a history of use of illegal substances (primarily marijuana) while holding a security clearance in the Air Force that he deliberately omitted when executing security clearance applications in 2001 and 2002. This omission is not mitigated under any of the pertinent mitigation guidelines either and raise continuing security concerns about Applicant's judgment and reliability. Besides the Government's falsification and criminal conduct concerns, Applicant's history of delinquent debts raises security concerns as well. His repayment efforts have been too minimal and uncertain to make any safe predictive judgments at this time about his debt resolution prospects. Clearance is denied.


Financial

12/17/2004

Applicant became financially overextended during his final years in the U.S. Army. He received counseling and entered a payment plan with a credit counseling service, but he failed to demonstrate a track record of payment on that plan. Applicant failed to mitigate security concerns raised by his financial condition. Clearance is denied.


Foreign Influence: Personal Conduct

12/16/2004

Applicant is a 48-year-old employee of a defense contractor. He was born in Vietnam, but escaped in 1978 and settled in the United States in 1979. Applicant became a naturalized citizen of the U.S. in 1986, and sponsored his wife and daughter into the U.S. Applicant's brothers and sisters also escaped from Vietnam. Several are citizens and residents of the U.S., and several are citizens and residents of Canada. Applicant's spouse, one of his sisters, and a close friend living in the U.S. applied for but have not yet been granted U.S. citizenship. Also, Applicant's mother-in-law is a citizen and resident of Vietnam. Applicant unintentionally failed to note his travel to Vietnam in 1998 on his security clearance application. Applicant has mitigated the security concerns arising from his relatives and friends who are resident in or citizens of Vietnam. Clearance is granted.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

12/16/2004

Applicant's ability to point to record evidence that is favorable to him is not sufficient to rebut the presumption that the Administrative Judge considered all the record evidence. When a party challenges a Judge's application of the Adjudicative Guidelines, the Board has to decide whether the party has shown the Judge reached conclusions not supported by substantial record evidence, acted in a manner that is arbitrary or capricious, or acted contrary to law. With one possible exception that would constitute harmless error, Applicant has not demonstrated the Judge erred in his application of the Adjudicative Guidelines. Adverse decision affirmed.


Foreign Preference; Foreign Influence

12/16/2004

Applicant is unable to successfully mitigate the foreign preference security concern due to his current possession of an Iranian passport. Also, he is unable to successfully mitigate the foreign influence security concern due to his close family ties to Iran. Clearance is denied.


Personal Conduct

12/15/2004

Applicant used marijuana four to six times and used LSD once during 1998-2000, while he was married to a woman involved in the drug culture. He divorced his wife in November 2000 and stopped using drugs. He became deeply religious, and in October 2002 he married a woman he met at church. In 2001, he answered "no" to a question on a security application about use of drugs or marijuana during the past seven years. He denied intentional falsification. Security concerns based on marijuana and drug use are mitigated. Deliberate falsification was not proven. Clearance is granted.


Alcohol, Criminal Conduct, Personal Conduct

12/14/2004

Twenty-seven-year-old Applicant's alcohol consumption resulted in one arrest for malicious mischief and criminal trespass in September 1996; an arrest for DUI in October 1996; a citation for open container or consuming alcohol in a public place in July 2002; and an arrest for DUI in January 2003, all followed up by court action. Applicant denied being intoxicated during any of the incidents, yet he consumed 36 to 48 ounces of beer in September 1996; 80 ounces of beer in October 1996; and a minimum of three mixed drinks in January 2003. His self-reported alcohol consumption to alcohol counselors in 1997 and 2003 was substantially minimized and less than complete, resulting in erroneous favorable alcohol assessments. Clearance is denied.


Foreign Influence

12/14/2004

Applicant is 52 years old, married with three children, and is a program director in the air navigation business for a defense contractor. He has had a security clearance for 20 years as he has worked all over the world for his employer installing and maintaining these systems. Applicant has 11 siblings and in-laws, most of whom have moved to the U.S. and become citizens or resident aliens. The others are citizens of countries friendly to the U.S. None of his relatives have ever worked for a foreign government. Applicant mitigated the foreign influence security concerns. Clearance is granted.


Foreign influence

12/14/2004

Applicant was unable to mitigate her close family ties to her citizen resident parents in China, her citizen resident aunt and cousin in China, and her sister who is a citizen of China and resident of Singapore. Clearance is denied.


Foreign Influence

12/14/2004

Department Counsel does not have the burden of presenting direct or objective evidence of a nexus between an applicant's conduct and circumstances and an unfavorable security clearance decision. Under the whole person concept, the Administrative Judge had to evaluate the security significance of the totality of Applicant's family ties and foreign contacts, not just each one separately. There is a rational connection between terrorism and security clearance adjudications. A credibility determination does not relieve a Judge from the obligation to weigh the evidence as a whole. For various reasons, it is neither legally required under the Directive nor practical for the Board to ensure consistency among Hearing Office decisions. Applicant has not shown that the Judge's conclusions under Guideline B are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

12/14/2004

Applicant has mitigated financial concerns that to some degree were attributable to conditions beyond her control, including a wrongful termination of her employment. She has resolved all of her delinquent indebtedness addressed by the SOR through a discharge in bankruptcy. Moreover, Applicant is now meeting her financial obligations by living within her means. Her income is more than adequate to meet her payments for her home, truck, and other living expenses. Applicant has established a savings account for additional financial security. Based on her commitment to monthly payments, Applicant's outstanding federal tax liability of $600.00 appears well within her ability to pay off before the end of the year. Clearance is granted.


Foreign Preference; Foreign Influence

12/14/2004

The Board reviews an Administrative Judge's decision based on the record evidence that was before the Judge, and cannot consider new evidence on appeal. Conduct by an applicant that is probative of a foreign preference can be considered under Guideline B even though it occurred after the applicant became a naturalized U.S. citizen. A State Department advisory about the use of passports is not binding on the Department of Defense with respect to its adjudication of security clearance cases, and it does not satisfy the requirements of the August 16, 2000 Department of Defense memorandum concerning foreign passports. Given Applicant's possession of an Iranian passport, the Judge properly concluded the August 16, 2000 memorandum concerning foreign passports required an unfavorable decision. Adverse decision affirmed.


Foreign Influence, Foreign Preference

12/13/2004

Applicant is a 65-year-old naturalized citizen of the U.S., who immigrated from Israel in 1967. He has been a U.S. citizen since 1973. He held a security clearance for 31 years and worked for defense contractors for 37 years. He is a dual citizen of Israel and traveled to Israel in the past, on an Israeli passport, as was required by that government. Applicant relinquished his Israeli passport and is willing to renounce his Israeli citizenship. Applicant has two children who are dual citizens and reside in the U.S. Applicant's sister and brother-in-law live in Israel. His contacts with them are infrequent. Applicant has not exercised any rights of Israeli citizenship, except complying with the passport requirements. Applicant's preference is for the U.S. Clearance is granted.


Foreign Influence

12/13/2004

Applicant is 45 years old, married with a son born in the U.S. His wife applied for U.S. citizenship, but has not yet received it. His and her parents are citizens of and reside in the Peoples Republic of China. Applicant's brother is a citizen and resident of Canada. Applicant provided small sums of money to his parents and calls them periodically. Applicant has not mitigated the foreign influence security concern because of the potential for exploitation. Clearance is denied.


Foreign Influence

12/13/2004

Applicant is 62 years old, married with two children. He is an engineer and inventor who has contributed significantly during the past 25 years to the development and refinement of night vision goggles used by the American military. Applicant had a security clearance when he did prior work for the military on night vision goggles, and no violations occurred. He fully disclosed the existence of his siblings and parents in Serbia (formerly Yugoslavia) and his brother in Canada on both security clearance applications. Applicant mitigated the foreign influence security concern. Clearance is granted.


Criminal Conduct

12/13/2004

In May 1972, Applicant was sentenced to five years incarceration, suspended, and placed on five years probation for possession of a narcotic drug (marijuana) after the police raided his residence and found a quantity of marijuana and suspected drug paraphernalia. He complied with the conditions of his probation and his conviction was set aside and he was discharged from probation in July 1975. His criminal conduct was not recent and there has been no other criminal involvement. Since he was not incarcerated for the offense, he is not barred from having his clearance renewed under 10 U.S.C. 986 as amended October 28, 2004. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct

12/13/2004

The Applicant has surrendered his Egyptian passport to the Egyptian authorities. His foreign relatives are not in a position to be exploited by a foreign government and his foreign financial interests are not sufficient to affect his security responsibilities. The Applicant's incorrect answer on a questionnaire was not made with the intent of deceiving the Government. Adverse inference is overcome. Clearance is granted.


Financial

12/13/2004

Applicant is unable to successfully mitigate the security concern raised by his history of not meeting his financial obligations. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

12/10/2004

Applicant is a 51-year-old engineer, born in 1953 to French parents in an African country. He came to the U.S. in the 1980s, became a U.S. citizen in 1988, and obtained a U.S. passport. He used his U.S. passport for all purposes, except on one occasion in 1996, when he used his French passport to enter Lebanon, to avoid potential danger and delays in visiting his ill mother. He has family members in France and Lebanon, but their status and relationship with Applicant does not establish an unacceptable risk. He has surrendered his already expired French passport and notified French authorities of his intention to renounce French citizenship. Mitigation has been established. Clearance is granted.


Foreign Influence

12/09/2004

Applicant is a 74-year-old distinguished attorney recently recognized for 50 years of legal practice. At various times over the past 30 years he provided legal representation to the Serbian Orthodox Church, of which the Crown Prince of Serbia is a member. Applicant met the Crown Prince on those occasions, and became friendly to him. Applicant, along with several hundred other distinguished people from around the world, was invited last year to attend the Crown Prince's birthday party in Belgrade, Serbia. Applicant has mitigated whatever foreign influence security concerns might exist from his legal representation of the Serbian Orthodox Church in the United States and subsequent relationship with the Crown Prince from that business arrangement. There is no security concern. Clearance is granted.


Personal Conduct; Criminal Conduct

12/09/2004

Applicant is vice-president and director of operations for a family-owned defense contractor. In 1988 he was convicted of fraud by switching price tags on a compact disc. In 1992 he was arrested and charged with grand larceny and felony burglary for stealing computer equipment from a real estate office. In 2002 he was convicted of reckless driving. He falsified his security clearance application by not disclosing his felony arrest. The 1988 and 1992 offenses are mitigated as "not recent." The reckless driving and falsification are not mitigated. Clearance is denied.


Alcohol

12/09/2004

Applicant has five driving under the influence arrests, and four alcohol education and counseling program participation between 1988 and 2002. Applicant also has two arrests for public intoxication, and spent 13 days in jail between 1996 and 2002 as a result of those arrests. Applicant has other alcohol-related incidents between 1988 and 2002. Applicant has not adhered to professionally recommended outpatient support programs to help her with her sobriety, instead relying on her own will power, her family, and her church participation to overcome her self-admitted alcoholism and professionally diagnosed alcohol dependence. Applicant has not mitigated the alcohol consumption security concern. Clearance is denied.


Sexual Behavior; Personal Conduct

12/09/2004

Applicant has met his ultimate burden by mitigating the record evidence of his sexual behavior with a known prostitute and related personal conduct because (1) his association with the prostitute ceased years ago, (2) his behavior was not recent and there is no evidence of subsequent conduct of a similar nature, and (3) there is no longer potential for exploitation or blackmail because he has disclosed the episode to his wife, family, pastor, friends, and co-workers. Clearance is granted.


Criminal Conduct; Personal Conduct

12/09/2004

Applicant mitigated the criminal conduct security concerns raised by his history of criminal conduct and the personal conduct security concerns raised by his failure to list one of his convictions on his security clearance application. Nevertheless, he was barred from receiving a clearance by 10 U.S.C. 986. Applicant appealed. The Appeal Board remanded the case for reconsideration in light of amendments to 10 U.S.C. 986. As Applicant did not serve at least one year in jail, 10 U.S.C. 986 no longer bars him from being granted a clearance. Clearance is granted.


Financial; Personal Conduct

12/09/2004

Applicant is 46 years old and works for a defense contractor. Applicant bought two new cars in 1996 for a total of $30,000. In 1998 he bought a $118,000 house on a mortgage loan. In 1998 his wife became ill, ceased work, and Applicant could not pay his debts. Applicant filed Chapter 13 bankruptcy in 1999, but it was dismissed in May 2000 when Applicant failed to pay his monthly $297 payment to the bankruptcy trustee. In the ensuing four years Applicant has paid nothing on any of his delinquent debts, and has borrowed from his 401k savings account to pay current debts. Applicant failed to disclose his delinquent debts on his 2001 security clearance application. Applicant has not mitigated the financial considerations and personal conduct security concerns. Clearance is denied.


Criminal Conduct; Financial

12/09/2004

Applicant was convicted of several offenses in 1980 and sentenced to more than a year in jail. He has delinquent debts totaling more than $25,000. Applicant mitigated his criminal conduct, but was denied a security clearance because of 10 U.S.C. 986 and financial considerations security concerns. Applicant appealed. The Appeal Board remanded the case for reconsideration in light of the amendments to 10 U.S.C. 986. The bar to obtaining a security clearance under 10 U.S.C. 986 no longer applies to Applicant, but Applicant failed to mitigate the financial considerations security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct; Sexual Behavior

12/09/2004

Applicant is a 60-year-old computer systems administrator working for a defense contractor. Applicant was convicted in 2001 of aggravated criminal sexual abuse for fondling the breast of his eight-year-old daughter. Applicant denies the events with his daughter happened, and continued the denials during an interview with a government investigator and a polygraph examiner. Applicant has not mitigated the criminal conduct, personal conduct, and sexual behavior security concerns. Clearance is denied.


Drugs; Personal Conduct

12/09/2004

This 42-year-old technician was involved with marijuana and/or cocaine between 1979 and 1992. In his 1999 security clearance application, he admitted the marijuana use, but omitted any mention of his cocaine involvement. He also failed to report his 2000 arrest on charges of driving while under the influence of alcohol in a December 2002 sworn statement to DSS. Although his drug use is dated, his recent falsifications make it difficult to conclude that his drug use and/or personal misconduct (the falsifications) are safely behind him. No rehabilitation or other mitigation has been shown. Clearance is denied.


Foreign Preference; Foreign Influence; Outside Activities

12/08/2004

Applicant is a naturalized United States citizen and the president of three architect firms, one doing business with the United States government requiring a security clearance. The other firms do no business with the United States government but do seek commercial business in Taiwan and China. His firms have bid for but not received work in Taiwan and China. After receiving his United States passport, Applicant obtained a Taiwan passport to facilitate a loan from a United States bank guaranteed by the government of Taiwan. Applicant did not receive the loan. Upon learning the Taiwan passport could affect his security clearance, Applicant immediately surrendered the passport. Clearance is granted.


Alcohol

12/08/2004

Applicant's alcohol consumption became a security concern after it led to two DUI arrests. Following his last DUI arrest in 2002, he made the decision not to drive after consuming any amount of alcohol. Given this fact, the fact his current alcohol consumption is not excessive, and the fact his alcohol consumption is unlikely to become excessive in the future, he has established that he can now be relied upon to safeguard classified information. Clearance is granted.


Foreign Influence; Foreign Preference

12/08/2004

Applicant was born and raised in Iran. He was unable to mitigate foreign preference concerns by failing to surrender his Iranian passport and exercising dual citizenship and was unable to mitigate foreign influence concerns as a result of his wife being a citizen of Iran and his father-in law being a citizen resident of Iran. Clearance is denied.


Foreign Preference; Foreign Influence

12/08/2004

Board cannot consider new evidence on appeal. Applicant has failed to demonstrate that the Administrative Judge's conclusions about Applicant's possession and use of a Hong Kong passport and his family ties overseas are arbitrary, capricious or contrary to law. Adverse decision affirmed.


Foreign Influence

12/08/2004

Applicant is a 28-year-old U.S. citizen who is employed as an engineer for a defense contractor. His wife is Laotian and is waiting to be sworn in as a naturalized U.S. citizen. Applicant's wife's two sisters, parents and grandfather are Laotian citizens. Applicant's wife's sister, parents and grandfather live in Laos. Her other sister and a brother live in the U.S. Her brother is a naturalized citizen and her sister is preparing the paperwork to become a naturalized citizen. Applicant's father-in-law was imprisoned for a short period of time by the government of Laos and three of his children were granted political asylum in the United States, including Applicant's wife. Based on the relationship Applicant has with his wife and her family, it is not clearly consistent with the national interest to grant Applicant a security clearance. Clearance is denied.


Financial

12/08/2004

Applicant has been in financial difficulty for more than 20 years. He received a Chapter 7 discharge in bankruptcy in 1983. By 2001, he was again in financial difficulty. In 2002, he suffered a house fire, and in 2003 his spouse lost her job. After refinancing his home and using his equity to resolve some debts, he still has delinquent debts to four creditors, and his monthly obligations exceed his income by more than $1,000.00. He has mitigated some security concerns and settled several delinquent accounts, but he remains financially overextended. Clearance is denied.


Financial; Personal Conduct

12/08/2004

Immaterial errors in the Administrative Judge's findings of fact are peripheral to the main issue of Applicant's owing $110,000 in delinquent federal income taxes. Applicant's disagreements with the Judge's conclusions under Guideline F do not demonstrate the Judge's conclusions are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Foreign Preference; Foreign Influence; Personal Conduct

12/07/2004

Applicant failed to mitigate the foreign preference security concern raised by his dual U.S.-Lebanese citizenship and foreign influence security concerns raised by members of his immediate family and others to whom he is bound by affection or obligation who live in Lebanon and Kuwait. Clearance is denied.


Criminal Conduct

12/07/2004

Forty-one-year old Applicant's 1988 arrest for trafficking a controlled substance, cocaine, and conspiracy to traffic a controlled substance, cocaine, following several sales of cocaine to an undercover narcotics agent for the sheriff's department, resulted in her conviction on three counts of trafficking a controlled substance, cocaine. She was eventually convicted and sentenced, in part, to serve nine years in prison on each of the three counts, to run concurrently, all of which was suspended except for time served (which was less than one year), and placed on five years probation. While the application of 10 U.S.C. 986 previously would have disqualified her from eligibility for a security clearance, the recently amended 10 U.S.C. 986 no longer serves as an automatic disqualification in this case. Clearance is granted.


Financial; Personal Conduct

12/07/2004

This 35-year-old computer specialist has a history of 11 delinquent debts totaling close to $35,000 that began in about 1996 and continues to the present. He has only recently begun to resolve any of them, and his efforts have been sporadic and inconsistent. On his security clearance application, he omitted any mention of two substantial tax liens and eight debts delinquent more than 180 days. No mitigation has been shown. Clearance is denied.


Personal Conduct; Criminal Conduct

12/07/2004

Forty-one-year old Applicant was arrested in 1980, when he was 18 years old, and charged with (1) possession of marijuana, (2) possession of cocaine, (3) possession of paraphernalia, (4) 13 counts of theft, and (5) four counts of breaking and entering. Upon his pleas of guilty, he was convicted and sentenced for each charge individually. The various sentences included periods of confinement of six months, 12 months, 18 months, and four years, much of which was subsequently suspended. Applicant's total period of incarceration was clearly less than one year. While the application of 10 U.S.C. 986 previously would have disqualified him from eligibility for a security clearance, the recently amended 10 U.S.C. 986 no longer serves as an automatic disqualification in this case. Clearance is granted.


Foreign Influence; Personal Conduct

12/07/2004

Applicant participated in a marriage ceremony with an illegal immigrant and then lived with her. When she moved to another state, he aided her in misleading the INS by failing to correct her statement that she was living with Applicant. Clearance is denied.


Personal Conduct

12/07/2004

Board cannot consider new evidence on appeal. A review of the case file shows Applicant had a reasonable opportunity to present evidence for the Administrative Judge to consider in her case. The Judge's legally erroneous interpretation of a Board decision is harmless error under the particular facts of this case. The Judge's findings that Applicant engaged in acts of falsification in December 2000 and December 2001 are sustainable. Adverse decision affirmed.


Sexual Behavior; Criminal Conduct; Personal Conduct

12/07/2004

Board may not consider new evidence on appeal. Applicant cannot fairly complain about the quality of his self-representation or seek to be relieved of the consequences of his decision to represent himself. Applicant's pro se status did not relieve him of the obligation to take timely, reasonable steps to protect his rights under Executive Order 10865 and the Directive. The Administrative Judge's unchallenged findings of fact concerning Applicant's history of misconduct provide a sufficient rational basis for the Judge's adverse conclusions. The security significance of Applicant's history of misconduct is not diminished or reduced by the fact that an unfavorable security clearance decision could result in loss of his job. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

12/06/2004

Applicant is employed in shipyard work by a defense contractor. He was arrested and convicted of 2 counts of the felony of housebreaking in 1974 and 3 counts of the felony of grand larceny in 1976. He was imprisoned as a result of the grand larceny offenses for almost 4 years. He was arrested for stalking in 2001 but the charge was dismissed. He deliberately did not list the arrests and convictions for housebreaking and grand larceny in response to question 21 on his security clearance application. He did not deliberately omit the arrest for stalking in response to question 26 on his security clearance application. The provisions of 10 U.S.C. 986 apply. Waiver recommendation is not required. Clearance is denied.


Personal Conduct; Criminal Conduct

12/06/2004

Following the issuance of the original Decision in this case, 10 U.S.C. 986 was amended. As amended, this statute precludes the granting of a DoD security clearance to anyone who was sentenced to more than one year of incarceration and who actually served at least one year. Because I conclude (1) applicant served less than one year in prison, and (2) this statute, as amended, should be applied to this case, 10 U.S.C. 986 is no longer applicable. Given the passage of time since applicant engaged in criminal conduct, and his clear evidence of reform and rehabilitation, I conclude that applicant is now worthy of a security clearance. Clearance is granted.


Foreign Influence

12/06/2004

Applicant was born in the United States to Taiwanese parents. Her parents moved back to Taiwan when she was six and she returned to the United States, permanently when she graduated from high school. Applicant does not have any relationship with or affection for her father, and has minimal contact with him. Applicant has a strained relationship with her mother. Her father has permanent resident status with the U.S., and her mother is a dual national. Her parents are now divorced. Applicant has renounced her Taiwanese citizenship and she intends never to return to Taiwan, regardless of the circumstances. All of Applicant's family, that she knows, live in the U.S., except for her parents. Applicant has no financial ties to Taiwan. Clearance is granted.


Foreign Influence

12/06/2004

Applicant, a native of Iran, became a United States naturalized citizen in May 1984. A continuous resident of the U.S. since August 1979, he has a record of dedicated contributions to the U.S. defense effort and has held a security clearance since 1989. The potential Foreign Influence concerns presented by the Iranian residency and citizenship of his siblings are minimal given his very limited contact with his siblings, his demonstrated preference for the U.S. and democratic institutions and his disapproval of the Iranian government and its policies. Clearance is granted.


Criminal Conduct

12/03/2004

Applicant's isolated incident of criminal conduct occurred over eight years ago. Although it was serious, the victim's criminal behavior directed toward applicant was the event that led applicant to lose control and cross the line from self defense to criminal conduct. Based on the evidence presented, it is highly unlikely applicant will engage in any further criminal conduct. Since applicant served less than one year in jail, 10 U.S.C. 986, as amended in 2004, does not bar applicant from receiving a security clearance. Clearance is granted.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

12/03/2004

Applicant has used a number of illegal substances, including marijuana as recently as May 2003. Additionally, he has had a history of alcohol abuse that resulted in his entering an in-house alcohol treatment program, in which he was diagnosed as being alcohol dependent. Applicant consumed alcohol after leaving the program, and he continues to consume alcohol. Finally, Applicant's credibility is extremely suspect, as he has not been truthful or candid with information that he has furnished to the United States Government regarding his marijuana and cocaine usage, especially during the period when he had a security clearance. Mitigation has not been shown. Clearance is denied.


Criminal Conduct; Personal Conduct

12/03/2004

From the 1980s to July 1995, Applicant was a drug addict who daily used cocaine and heroin. His illegal drug use resulted in numerous arrests. His last use occurred prior to his July 1995 arrest. In 1998, he failed to reveal he had used any illegal drugs when he completed his security clearance application (SF 86). His criminal conduct related to illegal drug use has been mitigated by the passage of time. However, he has failed to mitigate the negative security implications stemming from the falsification of his SF 86. Clearance is denied.


Foreign Influence

12/02/2004

Applicant is an aircraft mechanic for a defense contractor. He was born in France before World War II and he and his sister are the only family members to survive the war. He worked in Aden (now Yemen) for British Airlines and then for the United States Army in Iran and Ethiopia. He was married to a Yemen citizen, but she divorced him and moved with their three children to Yemen in 1968. He came to the United States in 1972 and has not visited Yemen. Two of his three children now live in the United States. He has infrequent contact with his former wife and son in Yemen. He located his sister in France in 2001 but has little contact with her. He has infrequent contact with immediate family members in foreign countries and the immediate family members do not work for a foreign government. Clearance is granted.


Foreign Influence; Foreign Preference

12/02/2004

The fact that applicant's brother is a resident of Iran does not leave him vulnerable to coercion or pressure. In addition, applicant surrendered his Iranian passport to Iranian authorities. Clearance is granted.


Sexual Behavior; Personal Conduct; Criminal Conduct; Information Technology

12/02/2004

Applicant's use of government computers to access and download sexually explicit images, including child pornography, on a frequent basis over a long period, in knowing violation of agency regulations, reflects adversely on his judgment. Clearance is denied.


Foreign Influence

12/02/2004

Applicant married a Taiwanese citizen who is a permanent U.S. resident and aspires to be a U.S. citizen. His wife's mother, sister and brother are citizens and residents of Taiwan, but are not connected to the Taiwanese government or military. His wife has weekly telephonic contact and monthly mail contact with her mother and sister, but she has virtually no contact with her seven-year-old Taiwanese son from a previous marriage who is in the sole custody of her Taiwanese ex-husband. Applicant cannot communicate with his in-laws because of the language barrier. He visited Taiwan twice, once to visit his future wife and once to be married. Security concerns based on foreign influence are mitigated. Clearance is granted.


Drugs; Personal Conduct

12/02/2004

Considering the record as a whole, the Administrative Judge had sufficient record evidence to find Applicant falsified a security clearance application. The Board cannot consider new evidence on appeal. An appealing party cannot fairly challenge a Judge's decision based on a proffer of new evidence. Security clearance decisions are not limited to consideration of an applicant's conduct during duty hours. Off-duty conduct that raises security concerns can be considered in assessing an applicant's security eligibility. Considering the record evidence as a whole, it was not arbitrary, capricious, or contrary to law for the Judge to conclude the favorable evidence of Applicant's work performance was not sufficient to mitigate his history of drug abuse and his falsification of a security clearance application. Adverse decision affirmed.


Alcohol; Criminal Conduct; Financial; Personal Conduct

11/30/2004

Applicant is a mechanic for a defense contractor. He was arrested six times from 1984 to 2000 for driving while intoxicated. In addition to these arrests, he has been arrested five more times for various offenses, two of which were felonies. He served 14 months in jail for one of these offenses. The provisions of 10 U.S.C. 986 apply. He has various large and small debts that he has not satisfied and his monthly expenses exceed his monthly income. Clearance is denied.


Alcohol; Criminal Conduct

11/30/2004

Applicant has been convicted four times of alcohol related incidents, the last occurring on April 5, 2001. Although he considers himself an alcoholic, and has twice been diagnosed as alcohol dependent, he continued to consume alcohol until at least November 2003. Applicant has failed to mitigate the security concerns that arise from his alcohol consumption and criminal conduct. Clearance is denied.


Foreign Influence

11/30/2004

Applicant and his spouse are both naturalized U.S. citizens. Applicant's father, sister, mother-in-law, and father-in-law are citizens and residents of the People's Republic of China (PRC). Applicant talks to his father once a month and his spouse talks to her parents twice a month. Applicant has little contact with his siblings. Applicant and his spouse have twice made two-week visits to their families in the PRC, staying with each family a significant part of the time. Security concerns based on foreign influence have not been mitigated. Eligibility for an ADP I/II position is denied.


Financial

11/30/2004

The record establishes that Applicant has incurred at least five delinquent debts totaling $14,805.00, including two that resulted in judgments against her for a total of $12,923.00. Although she filed for bankruptcy the same month she answered the SOR, Applicant failed to provide evidence of what debts are included in her petition. She also failed to provide proof she paid one of the debts or that two of the judgments addressed by the SOR are the same. Even if Applicant is discharged from all the debts addressed by the SOR, she has failed to demonstrate that her ability to meet her financial obligations has improved. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

11/30/2004

Applicant was arrested in 1983 for driving while intoxicated (DWI) and arrested in 2002 for driving under the influence (DUI). He continues to consume alcohol to the point of becoming intoxicated once or twice a month. Applicant's personal conduct is mitigated. However, the record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his excessive alcohol consumption and criminal conduct. Clearance is denied.


Criminal Conduct; Personal Conduct

11/30/2004

In September 1998, Applicant pleaded guilty to possession of marijuana with intent to distribute, a felony, and sentenced to two years incarceration, which was suspended. He was also involved in two incidents akin to shoplifting and alleged public fighting. In 2001, he completed a security clearance application listing only his felony arrest. Applicant has sufficiently mitigated or extenuated the negative security implications stemming from his criminal conduct and personal conduct. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

11/30/2004

Applicant owes approximately $12,000 on 13 delinquent debts. He provided false answers on his security clearance application (SF 86) concerning his financial delinquencies and felony police record. He has failed to mitigate or extenuate the negative security implications stemming from a debt of such magnitude. Clearance is denied.


Financial; Personal Conduct

11/30/2004

Applicant's financial problems raise security concerns because of his delay and, in several cases, refusal to resolve approximately $5,000 in debts to six creditors. He failed to demonstrate his commitment to becoming financial responsible even though he has a stable job. Also, his personal conduct raises security concerns as he failed to disclose his financial delinquencies on his security form when he completed it in March 2000. Clearance is denied.


Foreign Influence, Personal Conduct

11/30/2004

Although her family ties to Taiwan raise a security concern, Applicant has successfully mitigated the concern because of the totality of the circumstances show her family ties do not pose an unacceptable risk or concern of foreign influence. Additionally, Applicant has worked in the defense industry since 1982 and held a security clearance in excess of 20 years without incident. Applicant also successfully mitigated a security concern about her inadvertent omission of certain family members on her security clearance application. Clearance is granted.


Financial; Foreign Influence

11/30/2004

The Applicant admits owing three debts totaling approximately $15,000 and has failed to show they have been paid or discharged in bankruptcy. In 1994, he issued three worthless checks, which have not been paid. His mother-in-law and five brothers-in-law are residents and citizens of a foreign country. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the debts and foreign influence. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

11/30/2004

Applicant has not rebutted the presumption that the Administrative Judge considered all the record evidence. Security clearance adjudications are not limited to consideration of an applicant's conduct on the job or during duty hours. Security clearance adjudications can be based on an applicant's conduct away from the job and during non-duty hours. The Judge's finding that Applicant falsified a security clearance application is sustainable. Given the Judge's findings of fact about Applicant's history of alcohol abuse, criminal record, and falsification of a security clearance application, the Judge had a rational basis for his unfavorable conclusions about Applicant's security eligibility. Adverse decision affirmed.


Financial; Personal Conduct

11/29/2004

Applicant has had a long history of financial difficulties, including significant debts for past due Federal taxes, and the filing of two bankruptcies. The majority of these debts have not been resolved. Applicant knew or should have known that the information that she provided to the Government in a Security Clearance Application (SCA) in 2000, regarding her financial situation, was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Alcohol

11/29/2004

Between the late 1980s and April 2002, Applicant was arrested and charged with six offenses related to intoxication or driving under the influence of alcohol. He continues to drink alcohol. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from Applicant's excessive alcohol consumption. Clearance is denied.


Foreign Preference; Foreign Influence

11/29/2004

Board cannot consider new evidence on appeal. There must be finality to any judicial or administrative proceeding and there is no general legal right to continuously supplement the record evidence. The decision of one Hearing Office Judge is not legally binding on another Hearing Office Judge in a different case. Furthermore, the decision of any Hearing Office Judge is not legally binding precedent that the Board has to distinguish, follow, or explain why it does not choose to follow. To the contrary, a party citing a Hearing Office decision as persuasive authority has the burden of persuading the Board that such a decision should be followed. Applicant's arguments do not demonstrate the Judge erred in his application of Foreign Influence Mitigating Conditions 1 and 3. Applicant is not entitled to have the Judge adjudicate his case as if the August 16, 2000 DoD memorandum on foreign passports does not exist. Adverse decision affirmed.


Alcohol; Criminal Conduct

11/29/2004

While Applicant has a history of DuI arrests and convictions over an eight-year period spanning 1996 and August 2002 (for which he received counseling and probation, respectively, following each of his two such incidents), he has since committed to AA and sustained abstinence (almost 20 months). Never diagnosed with being either alcohol-dependent or an alcohol abuser, Applicant has averted any alcohol-related incident or abusive situation since his last DuI incident in August 2002. With almost 20 months of sobriety and an AA network to provide support, Applicant persuades he will be able to sustain his self imposed abstinence future. Clearance is granted.


Alcohol

11/29/2004

Applicant was an alcohol abuser who was previously assessed and evaluated as such under the criteria of the DSM-IV. His 16 years of alcohol abuse resulted in one arrest for DWI (in 1986) and two arrests for DUI (in 1999 when the charge was dismissed, and 2002), followed up by court action. Since being assessed and evaluated, he has dramatically altered his attitude, relationship with alcohol, and his lifestyle, and has seemingly abstained since December 2002. He attended AA and MADD meetings briefly and has vowed to his family to remain alcohol-free. Clearance is granted.


Financial

11/29/2004

Given the record evidence in this case, the Administrative Judge could reasonably conclude that Applicant's financial problems were recent and going, and that Applicant's promises to satisfy his remaining debts and his recent efforts to work with an accountant were not a substitute for a consistent record of timely remedial action. Given the Judge's findings and conclusions, the Judge had a rational basis to conclude Applicant had failed to present sufficient evidence to overcome the security concerns raised by his overall history of financial difficulties. There is no authority under the Directive for granting a conditional or probationary security clearance. Adverse decision affirmed.


Criminal Conduct

11/29/2004

Applicant was a cocaine and marijuana abuser. His January 1980 arrest for sale of cocaine--when he was 21 years old--resulted in his March 1980 conviction and a sentence, in part, to serve seven years imprisonment. Shortly thereafter, upon his motion, Applicant's sentence was suspended and he was placed on probation for five years. In September 1980, upon Applicant's appeal, the court of criminal appeals dismissed the "case." It remains unclear if the charge or the appeal was dismissed. Applicant has a spotless record since 1980. While the application of 10 U.S.C. 986 previously would have disqualified him from eligibility for a security clearance, the recently amended 10 U.S.C. 986 no longer serves as an automatic disqualification in this case. Clearance is granted.


Criminal Conduct; Personal Conduct

11/29/2004

Applicant has a history of arrests and charges (some resulting in convictions), over many years spanning 1969 through 1986, but no confrontations with law enforcement since his 1986 arrest. His earlier criminal conduct is mitigated by the passage of time. Applicant's arrest record that he repeatedly omitted when executing security clearance applications (SF-86s) in 1993, 1995 and 2002 is not mitigated under any of the pertinent mitigation guidelines, however, and raises continuing security concerns about his judgment and reliability. His disclosures in an ensuing DSS interview in 2002 cannot be characterized as either prompt or good faith disclosures (taking into account all of his opportunities to come forward since executing his initial security clearance application in 1993) Clearance is denied.


Personal Conduct

11/29/2004

Applicant has met his ultimate burden by explaining and mitigating the record evidence presented against him suggesting he was terminated in September 2000 for using a company credit card for $1,000 of personal expenses and then making a false entry in his employer's financial records that he had reimbursed the company for the expenditure. Clearance is granted.


Foreign Preference; Foreign Influence

11/29/2004

Applicant is a 53-year-old engineer employed by a defense contractor. He was born in Lebanon and continues to hold dual citizenship consistent with the policy that regards anyone of Lebanese descent as always a citizen of their country. At the advice of the Department of State because of terrorist attacks against U.S. citizens, he used his Lebanese passport to travel there on several occasions ending in 1999. He owns a small parcel of land in Lebanon which is not of sufficient value to cause him to be under foreign influence from that country. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

11/29/2004

The Directive does not give Hearing Office Administrative Judges or the Board supervisory jurisdiction or authority over the actions of the Defense Security Service or the issuance of Letters of Consent. The erroneous issuance of a Letter of Consent did not confer on Applicant any reasonable expectation in holding or retaining a security clearance. There is no authority under the Directive to allow a personal appearance before the Board. The Board does not review cases de novo. An appealing party is not entitled to multiple appeal briefs. Adverse decision affirmed.


Alcohol; Personal Conduct

11/29/2004

Applicant was arrested and/or convicted on at least eight occasions between 1977 and 2000 for alcohol related incidents, including six driving under the influence charges. His last reported intoxication was in March 2003, he continues to consume alcohol, and he has failed to take adequate steps to deal with his obvious alcohol problem. Applicant has failed to mitigate the security concerns that arise from his alcohol consumption and personal conduct. Clearance is denied.


Foreign Influence; Foreign Preference

11/26/2004

The Board reviews decisions by Hearing Office Administrative Judges. Hearing Office Judges do not review Board decisions. The August 16, 2000 DoD memorandum concerning foreign passports is legally binding on a Judge regardless of what the Judge might think about its wisdom, desirability, or efficacy. The Board cannot and does not presume to review or pass judgment on the policy decisions of DoD officials. With one exception, Department Counsel persuasively argues the Judge's application of Adjudicative Guidelines provisions was arbitrary and capricious. Department Counsel failed to show the Judge erred in his application of Foreign Influence Mitigating Condition 5 in this case. The Judge failed to articulate a sustainable basis for his conclusion that Applicant had mitigated his possession and use of an Iranian passport and his ties to siblings in Iran. Favorable decision reversed.


Alcohol; Personal Conduct

11/24/2004

Following Applicant's second alcohol-related driving arrest in 2002, he successfully completed an alcohol education and treatment program and the prosecutor entered a nolle prosequi. Applicant's consumption of alcohol is moderate. Since his last offense, he does not drink away from home unless there is a designated driver. There is no evidence in the record of a further problem and Applicant is committed to never drinking and driving again. The Government's concern related to alcohol is mitigated. The record also establishes that Applicant's omission of his first alcohol-related driving offense from his security clearance application was not deliberate. It resulted from his confusion and the investigator confirms that Applicant voluntarily disclosed the earlier arrest to him. Clearance is granted.


Foreign Influence; Foreign Preference

11/24/2004

Applicant is a 35-year-old naturalized citizen of the United States, employed by a defense contractor since 1996. Applicant was born in Iran, but escaped in 1987. Applicant has lived in the United States since 1989, and became a U.S. citizen in 1995. Applicant's parents have become U.S. citizens. His parents and his extended family members all reside in the United States, except a brother who lives with his wife and children in Iran. Additionally, Applicant had a romantic relationship with a Russian woman for about three years, until 2002. He visited her in Russia three times. They remain friends and keep in contact by telephone and e-mail. Applicant has not mitigated the security concerns arising from his brother in Iran or his close relationship with a citizen and resident of Russia. Clearance is denied.


Foreign Influence

11/24/2004

Applicant, a natural born United States citizen, married a Russian woman in December 1997 whom he met through a travel agency dating service. He now resides with his wife and her 15-year-old son who are both still Russian citizens. His wife's mother and father are citizens and residents of Russia. Applicant has failed to mitigate the foreign influence security concern that exists in this case. Clearance is denied.


Alcohol

11/24/2004

Applicant's last alcohol-related incident occurred over six years ago. There is no evidence that he has consumed alcohol to excess in the last two years, and he has made the credible statement that he no longer consumes it. Clearance is granted.


Foreign Influence

11/24/2004

Applicant, a natural born United States citizen, married a Russian woman in November 2000 whom he met through an internet dating service. His wife is still a Russian citizen, although she has applied for United States citizenship. Her mother, father, and two sisters are citizens and residents of Russia. Her father retired from the Russian military at the rank of major within the past five years. Applicant has failed to mitigate the foreign influence security concern that exists in this case. Clearance is denied.


Foreign Preference; Foreign Influence

11/23/2004

Applicant is a computer software engineer for a defense contractor. He came to the United States from Libya in 1974 as a 17-year-old to attend college. After receiving his degree, he stayed in the United States to work. He became a naturalized United States citizen in 1991, received a United States passport shortly thereafter and had it renewed in March 2001. He only visited Libyan twice since becoming a United States citizen in 1991. He had a Libyan passport which he renewed in March 2001 to visit his sick mother in Tunisia and Libya. His Libyan passport expired in 2003 and he does not know where it is. He has infrequent contact with his mother and three of his four brothers in Libya. Security concerns of dual citizenship and foreign influence have been mitigated. Clearance is granted.


Foreign Preference; Foreign Influence

11/23/2004

Applicant has voted in a Greek national election in 1999, and has retained his Greek identification and driver's license. He retains a rental apartment in Greece and has payed Greek property taxes for tax years 2000 through 2004 for the apartment. Additionally, while he has stated that he has is willing to renounce his Greek citizenship, he failed to attempt to do so when he had the opportunity. Mitigation has not been shown. Clearance is denied.


Foreign Preference; Foreign Influence

11/23/2004

Applicant held U.S.-Lebanese dual citizenship and a Lebanese passport, but he surrendered his Lebanese passport and renounced his Lebanese citizenship, thereby complying with the Money Memorandum. He traveled to Lebanon six times: three times to visit ill and now deceased parents, twice to introduce his American wife and children to his parents, and once to reassure his brother and sisters that he had recovered from a serious injury. His visits with Lebanese aunts, uncles, and cousins are casual and infrequent. Security concerns based on foreign preference and foreign influence are mitigated. Clearance is granted.


Financial

11/23/2004

Applicant is a 27-year-old man who has been sporadically employed by defense contractors since September 2001. He has more than $18,000.00 in delinquent debt that has been past due for several years, and has done little to demonstrate he is a financially responsible individual. Applicant has failed to mitigate the financial considerations security concern present in this case. Clearance is denied.


Criminal Conduct

11/23/2004

Applicant has a 30-year history of arrests and convictions between 1958 and 1988, the last 19 years of which consist solely of alcohol-related driving offenses. Although none of the offenses are recent, the number of offenses, the serious nature of several of the offenses, and the fact there is no clear evidence of rehabilitation preclude me from finding for Applicant. Absent a waiver from the Secretary of Defense, the Department of Defense is precluded from granting Applicant a clearance because he was incarcerated for 18 months as a result of a robbery conviction. 10 U.S.C. 986. Clearance is denied.


Drugs

11/23/2004

Given the record evidence, the Administrative Judge had a rational basis for concluding Applicant's marijuana use raised security concerns under Guideline H. The Board does not have to agree with the Judge's reasoning to conclude that Applicant has not demonstrated the Judge's analysis is arbitrary, capricious, or contrary to law. Applicant has not rebutted the presumption that the Judge considered all the record evidence in her case. The Judge was not required to apply an Adjudicative Guidelines mitigating condition when there was no record evidence supporting its application. Adverse decision affirmed.


Drugs

11/23/2004

In 2000, Applicant acknowledged in an SF 86 his use of marijuana on more than 100 occasions through March 1999, including use while possessing a security clearance. He also stated, "at the present time my use of this drug is very rare." In 2001, Applicant admitted to a DSS investigator he used marijuana on at least 300 occasions over a 13 year period until October 1999. Applicant also acknowledged experimental use of other illegal drugs and said he had no intention of using any illegal drugs in the future, "except it is possible that I could smoke marijuana." Not until he received the SOR in July 2003 did he state an unequivocal intention not to use drugs. The record leaves doubt as to whether Applicant's drug use has ended. Clearance is denied.


Financial; Personal Conduct

11/23/2004

Given the record evidence in this case, it was not arbitrary, capricious, or contrary to law for the Administrative Judge to conclude Applicant had not presented evidence which mitigated her history of financial difficulties. The Judge's finding of falsification is sustainable. Falsification of a security clearance application provides a rational basis for an unfavorable security clearance decision. Adverse decision affirmed.


Foreign Influence

11/22/2004

Applicant's spouse, an Israeli citizen, is a permanent U.S. resident and has applied for U.S. citizenship. The spouse's parents and brother are Israeli citizens and residents. They are all in the entertainment business and have no connection to the Israeli government. Applicant's friend, an Israeli citizen, is a permanent U.S. resident who has applied for U.S. citizenship. Security concerns based on foreign influence are mitigated. Clearance is granted.


Criminal Conduct

11/22/2004

Applicant used heroin and cocaine when stationed in Vietnam from 1969 to 1971. After his discharge from the military, he continued to use illicit drugs, and was arrested in about July 1973 on controlled dangerous substance charges. Sentenced to five to six years incarceration (suspended) for possession of marijuana with intent to sell, Applicant is statutorily disqualified from being granted a security clearance under 10 U.S.C. 986, despite his abstinence from illegal drugs since 1973 and productive employment as a heavy equipment mechanic with a defense contractor since 1978. Clearance is denied with a recommendation this case be considered for a waiver of 10 U.S.C. 986.


Foreign Influence

11/22/2004

Applicant's father is retired from the Taiwan military and receives retired pay, but he resides permanently in the U.S. and has expressed interest in becoming a U.S. citizen. Her two brothers reside permanently in the U.S. and intend to become U.S. citizens. Her parents own a house in Taiwan, which they do not occupy and intend to sell. Her aunt is a citizen and resident of Taiwan, but Applicant has minimal contact with her. Applicant traveled to Taiwan in 1995 to prepare for moving permanently to the U.S. Security concerns based on her father's connection with the Taiwan military, her parents' property in Taiwan, her father's and brothers' Taiwanese citizenship, and Applicant's travel to Taiwan are mitigated. Clearance is granted.


Financial; Alcohol; Personal Conduct

11/22/2004

Applicant had two federal tax liens and a civil judgment for personal injuries entered against him, and he refused to pay a florist's bill. He has four convictions for driving under the influence. He did not disclose the tax liens and civil judgment under the appropriate questions on his security clearance application, but he disclosed them under general remarks. He mitigated the security concerns based on financial considerations and alcohol consumption, and he rebutted the allegations of deliberate falsification. Clearance is granted.


Alcohol; Personal Conduct

11/19/2004

Applicant has had a history of alcohol abuse that resulted in an alcohol-related arrest and his entering an in-house alcohol treatment program, in which he was diagnosed as being alcohol dependent. Applicant consumed alcohol after leaving the program, and his last stated use was in April 2004. Additionally, Applicant's credibility is extremely suspect, as he has not been truthful or candid with information that he has furnished to the United States Government. Mitigation has not been shown. Clearance is denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

11/18/2004

Applicant was charged in 1990 with first degree sexual abuse for his conduct with his four-year-old niece. For several years he has viewed pornographic internet web sites that have, at times, included nude pictures of children. He continues to view pornography on the web, to include nude photographs of children. Applicant deliberately falsified his security clearance application in May 2002 by omitting his 1990 arrest. He has failed to mitigate resulting security concerns about his sexual behavior, personal conduct, and criminal conduct. Clearance is denied.


Financial

11/18/2004

After being discharged through Chapter 7 bankruptcy of about $10,000 in debts in 1996, Applicant accrued more than $12,000 in bad debts between 1998 and 2001. However, he has paid all but about $2,300 of his current debts and now has the resources to satisfy his remaining obligations. He has mitigated the security concerns under Guideline F (financial considerations). Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct; Criminal Conduct

11/18/2004

Applicant is unable to successfully mitigate the foreign influence security concern based on his significant family ties to Syria. In addition, Applicant deliberately failed to reveal his possession of an active passport issued by a foreign government (Yemen) in response to a question on his security-clearance application and in a signed, sworn statement given to an investigator. Clearance is denied.


Foreign Influence; Foreign Preference

11/18/2004

Applicant, a U.S. citizen since his naturalization in May 1998, was born in Israel to Palestinians ineligible for Israeli citizenship despite their lifelong residency in Jerusalem. His parents and nine siblings continue to reside under Israeli civilian control but have no formal citizenship with any foreign state or authority. Applicant is married to a native Jordanian citizen of Palestinian descent whose parents and siblings reside in Jordan. Foreign influence concerns persist because of close relationships with non-U.S. citizens. Foreign Preference concerns presented by his use of a Jordanian passport, acquired to facilitate travel in the Middle East, are mitigated by the expiration of the passport with no intent to renew it. Clearance is denied.


Financial; Personal Conduct

11/17/2004

Board cannot consider new evidence on appeal. Applicant had a reasonable opportunity to present evidence for the Administrative Judge to consider in his case and cannot fairly challenge the Judge's decision based on a proffer of new evidence. The Judge's findings about Applicant's history of financial difficulties are sustainable in light of the record evidence as a whole. Apart from a legal error that is harmless under the particular facts and circumstances of this case, the Judge's finding of falsification is sustainable in light of the record evidence as a whole. Adverse decision affirmed.


Foreign Influence

11/17/2004

Applicant mitigated foreign influence security concerns raised by his sister and brother being citizen residents of Israel. Since the death of his parents, his contact with his sibling has been limited. He no longer receives Israeli disability compensation and is transferring the small parcel of land he owns in Israel to his sister. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

11/17/2004

Applicant has a history of delinquent debts which exceed $19,000.00. Despite past promises and apparent resources, he continues to refuse responsibility for some of the listed debts, while failing to take any action to resolve even those he accepts responsibility for. Applicant fails to mitigate security concerns associated with his delinquent debts. He also fails to mitigate personal conduct concerns arising from falsifying his security clearance application. Only the criminal implications associated with his falsification of his clearance application is he able to successfully mitigate. Clearance is denied.


Financial; Personal Conduct, Criminal Conduct

11/17/2004

Applicant's financial problems and personal conduct raised security concerns because of his failure to resolve $25,000 in debts to several creditors; while in June 2002 he promised to began a good-faith effort to resolve his debts, he failed to do so even though he has a stable job and substantial assets. He failed to document any action to challenge two debts he disputes. While his wife became ill in 2000, he failed to detail how her illness adversely affected his financial situation. Personal conduct concerns persist as he failed to disclose any of his financial difficulties on his security clearance application. However, these omissions do no establish criminal conduct. Clearance is denied.


Financial; Personal Conduct

11/17/2004

Neither the work-related injury nor his marital difficulty are sufficient to meet his ultimate burden of persuasion under the financial considerations guideline. Furthermore, failing to provide honest answers to two of the financial questions on his security clearance questionnaire (SCA), sand denying her was prosecuted for domestic violence raise security concerns under the personal conduct guideline that have not been mitigated. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

11/16/2004

Applicant's history of financial indebtedness, partially caused by circumstances beyond his control, and his intentional falsifications on his security clearance application, which is a violation of federal law, Title 18, United States Code, Section 1001, a felony, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence

11/16/2004

Applicant' girlfriend, his father, and grandparents are citizen residents of the Republic of China (a/k/a ROC or Taiwan). His father is a resident alien of the United States and returns frequently to the ROC. Applicant has frequent contact with a friend of his in the ROC. Applicant visited the ROC in 1998 and December 1995 to January 1996. Applicant did not mitigate the foreign influence security concerns. Clearance is denied.


Financial

11/16/2004

Applicant incurred nine delinquent debts. Applicant has not undertaken any efforts to settle or pay these debts. She has paid her current debts while taking care of her three children. Applicant did not mitigate the financial consideration security concerns. Clearance is denied.


Personal Conduct

11/16/2004

Applicant failed to disclose on his security clearance application (SCA) an arrest in 1995 as the answer to Question 21. The charges were false, and were later dismissed by the local court. Applicant mitigated the personal conduct security concern regarding his personal conduct. Clearance is granted.


Foreign Influence; Foreign Preference

11/16/2004

Applicant is a dual citizen of the U.S. and Iran. Applicant was born in the U.S. Applicant's immediate family are Iranian citizens. His father lives in the United Arab Emirates (UAE), and his mother divides her time between the U.S. and the UAE. Applicant's grandmothers are citizens of Iran and resident there. Applicant obtained an Iranian passport in 1998 and used it twice to travel to the UAE and Iran. Applicant has not surrendered the Iranian passport, even though it expired in 2003. Applicant did not mitigate the foreign preference or the foreign influence security concerns. Clearance is denied.


Foreign Influence

11/16/2004

Applicant is an engineer for a defense contractor. His 83-year-old widowed mother, brother, and wife's family members live in Beirut, Lebanon. Applicant is a naturalized U.S. citizen, and has been in the U.S. since 1981 when he arrived here to enter college. He has one child born in the U.S. Applicant and his wife have close personal ties to his and her family members in Lebanon. He has not mitigated the foreign influence security concerns. Clearance is denied.


Criminal Conduct

11/16/2004

While assigned to Thailand with the U.S. Air Force, Applicant received nonjudicial punishment, under 10 U.S.C. 815, for possession of marijuana--he attempted to mail it to a friend. After being reassigned to the U.S., Applicant took leave to Thailand where he mailed heroin to his address in the U.S. He was convicted in 1974 in U.S. District Court of illegally importing heroin and using the U.S. mail to facilitate the illegal importation of heroin. He was sentenced to seven and one-half years in jail and served 32 months. Applicant mitigated his criminal conduct, but absent a waiver from the Secretary of Defense is barred from holding a clearance. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Financial; Personal Conduct

11/16/2004

Applicant incurred 11 delinquent debts over a nine-year period. She was unable to repay them, and has made no effort to repay any of them. She also has taken no action on three settlement offers made to her by creditors. Applicant did not disclose on her security clearance application her delinquent debts in answer to Questions 38 and 39 of that application. Applicant has not mitigated the financial consideration and personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

11/16/2004

Applicant paid off or settled the 16 delinquent debts, totaling $30,432.00, listed in the SOR for which she is actually liable. However, she failed to adequately explain or mitigate her failure to report but one of them as more than 180 days delinquent on her SF 86. In fact, they all were more than 180 days delinquent when she submitted her SF 86. Moreover, she actually owed $4,839.00 on the single debt she listed with a liability of $600.00. Applicant also asserted in her answer to the SOR that she had paid or was paying debts seven months before she actually settled the debts. Applicant has not demonstrated the candor the Government has the right to expect from an applicant in granting a security clearance. Clearance is denied.


Security Violations; Information Technology; Personal Conduct

11/16/2004

The Applicant committed three security violations, one in 1985, one in 1988 and one in 1998. He has not committed a security violation in the last six years. His security violations have been mitigated by a sufficient showing of reform and rehabilitation. Clearance is granted.


Financial

11/16/2004

Applicant's financial indebtedness remains current and she has not made a good faith effort to resolve her debts. There is insufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct

11/16/2004

Applicant did not disclose on his security clearance application completed in January 2001 his 1998 foreign country driving under the influence of alcohol arrest. Applicant said his failure to disclose was inadvertent because he and his family were under stress at the time, and he forgot about it. Applicant did not mitigate the personal conduct concern. Clearance is denied.


Financial; Personal Conduct

11/16/2004

The Board is directed to address the material issues raised by the parties on appeal. When faced with a problem on appeal that precludes the Board from addressing in a fair and meaningful way the material issues raised by the parties on appeal, the Board is -- of practical necessity -- required to decide whether the threshold problem can be resolved so the Board can decide an appeal on its merits, or whether the threshold problem requires remand for corrective action that the Board cannot take. The case record in this case is not coherent or intelligible about the identity, evidentiary status, and handling of documents submitted by Applicant after the hearing. Furthermore, there appear to be three documents that were submitted by Applicant after the hearing that are not in the case file. Given the state of the case file, the appeal rights of the parties and the ability of the Board to carry out its appellate functions have been significantly impaired. Case remanded with instructions.


Personal Conduct

11/16/2004

Applicant is 28 years old. He joined the Air Force in 1995 at his father's insistence, but only served 28 days. He was discharged with an entry level separation after he cut his left wrist and disclosed he had suicidal thoughts after he joined the Air Force. Applicant did not disclose his entry level separation and his mental health evaluation on his security clearance application. Applicant did not mitigate the personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

11/15/2004

Applicant wrongfully used a company credit card for personal expenses. He failed to disclose numerous delinquent debts on his security clearance application. He has paid off many delinquent debts, but he remains almost $6,300.00 in debt and his income barely covers current expenses. Applicant rebutted deliberate falsification of his security clearance application and mitigated security concerns based on credit card abuse, but he did not mitigate security concerns based on delinquent debts. Clearance is denied


Foreign Influence

11/15/2004

The Government established a prima facie case under Guideline B based on the fact applicant's brother is a citizen and resident of Israel. The applicant has, however, presented convincing evidence that his brother does not present a significant security risk. I therefore conclude that applicant has rebutted the Government's prima facie case. Clearance is granted.


Financial

11/15/2004

While Applicant's financial problems raised security concerns because of her delay in resolving approximately $15,000 in debts to several creditors, she has now made a good-faith effort to resolve her debts by paying two creditors in full and by having the bankruptcy court discharge the remainder of her debts in June 2004. In the light of several circumstances beyond her control which led to these debts, she has now demonstrated her commitment to financial responsibility. She has a stable job and is highly regarded for her commendable behavior. Clearance is granted.


Alcohol; Personal Conduct

11/15/2004

Applicant is a 57-year-old parts and equipment inspector for a defense contractor. Applicant has one DUI arrest in June 2002. Applicant completed his security clearance application (SCA) in 2001, but it was not submitted to the Government until 10 months later in June 2002, two weeks after his DUI arrest. Applicant did not change any information on the SCA except the areas indicated by his employer's security officer. Applicant mitigated the alcohol and personal conduct concerns. Clearance is granted.


Foreign Influence, Personal Conduct, Criminal Conduct

11/15/2004

Applicant mitigated security concerns over foreign influence resulting from his wife's citizenship in Turkey and his brother-in-law's service as a Turkish military officer. As Turkey is a long-time U.S. ally, I conclude there is no substantial likelihood that they would be subject to duress and thus exercise foreign influence over Applicant. While his wife's misconduct while he was in the U.S. military led to his being barred from all AAFES facilities for a period of 60 days in 1995, there is no evidence that he himself engaged in any personal or criminal misconduct. Clearance is granted.


Foreign Influence

11/15/2004

Applicant fled Vietnam when the North Vietnamese conquered South Vietnam in 1975. He has been a U.S. citizen since 1981. He is married to a naturalized U.S. citizen, and his children were born in the U.S. One of his brothers and an uncle are naturalized U.S. citizens. Another brother just emigrated from Vietnam to the U.S. Applicant has held a security clearance continuously for the past 22 years. Applicant mitigated security concerns raised by his father and four siblings being citizen residents of Vietnam. Clearance is granted.


Alcohol

11/10/2004

Applicant is a 47-year-old project leader employed by a defense contractor. He has a history of alcohol consumption concerns as a result of his being arrested for driving under the influence in 1978, 1992, 1999, and 2002. Applicant has made substantial life style changes supportive of sobriety, submitted evidence he is not alcohol dependent, and successfully petitioned the court to set aside his 2002 DUI conviction based on his positive behavior changes. Applicant has mitigated this concern. Clearance is granted.


Financial

11/10/2004

Applicant has had a long history of financial difficulties. He has taken little action to pay off his debts, and he still has a significant amount of outstanding debt. Based on his tenuous financial situation and his history of financial irresponsibility, Applicant has failed to demonstrate a stable and mature outlook about his finances. Mitigation has not been shown. Clearance is denied.


Criminal Conduct; Personal Conduct

11/10/2004

Applicant is unable to successfully mitigate his history of criminal activity, which includes making deliberately false answers on his February 2002 security-clearance application. Clearance is denied.


Foreign Influence; Foreign Preference

11/10/2004

Applicant's possession of an Iranian passport disqualifies him from having access to classified information. Clearance is denied.


Foreign Influence

11/10/2004

Because the Administrative Judge did not state or imply that Applicant's loyalty was a basis for his unfavorable decision, Applicant's claim of error based on loyalty is moot. Given the totality of the record evidence in this case, the Judge had a rational basis for concluding the facts and circumstances of Applicant's family ties with Russia raised security concerns under Guideline B (Foreign Influence), and for concluding that Applicant had not extenuated or mitigated those security concerns. A decision by a Hearing Office Judge in another DOHA case is not legally binding precedent. Adverse decision affirmed.


Foreign Influence

11/10/2004

Harmless errors do not warrant remand or reversal. Applicant is responsible for presenting evidence to rebut, explain, extenuate or mitigate facts admitted by him or proven by Department Counsel, and has the ultimate burden of persuasion as to obtaining a favorable security clearance decision. Applicant has not rebutted the presumption that the Judge considered all the record evidence. Decisions by Hearing Office Judges in other DOHA cases are not legally binding precedent that the Judge had to follow in this case. Applicant has not shown that the Judge's conclusions under Guideline B are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Foreign Influence

11/10/2004

Applicant is a 48-year-old naturalized citizen of the United States, employed by a defense contractor since 2001. She was born in the People's Republic of China (P.R.C.), emigrated to the United States in 1989, and became a U.S. citizen in 1995. Applicant's mother and two brothers are citizens and residents of the P.R.C. Applicant is close to her mother and maintains regular contact, including visits to the P.R.C. in 1997, 1999, 2001, and 2003. Applicant does not have regular contact with her brothers. Applicant's sister is a citizen of the P.R.C. but lives in the United States. Applicant has not mitigated the security concerns arising from having relatives who are citizens and residents of the P.R.C. Clearance is denied.


Foreign Influence

11/10/2004

Applicant is a naturalized U.S. citizen who immigrated to the U.S. from Laos in 1994. She and her husband (also a naturalized U.S. citizen from Laos) claim allegiance only to the U.S. and have two children who are US citizens by birth. Applicant continues to maintain regular contact with her parents who are citizens and residents of Laos and provide small financial support to each of them. She also has six siblings who are citizens and residents of Laos and extended family members (her husband and father-in-law) who are naturalized citizens of the U.S. from Laos. None of Applicant's immediate and extended family members are agents of the Laos government or in a position to be exploited or pressured. Applicant mitigates any potential risk to undue foreign influence concerns. Clearance is granted.


Drugs

11/09/2004

Applicant is a 29-year-old college graduate with a master's degree in business. She has abused marijuana, cocaine and ecstacy with varying frequency, starting in 1993 and ending in June 2003. Applicant readily admits to succumbing to peer pressure when she used drugs. She has failed to meet the ultimate burden of persuasion. Clearance is denied.


Drugs; Personal Conduct

11/09/2004

Applicant is a 42-year-old employee of a defense contractor. He smoked marijuana once or twice a month from about 1985 until 2003. On 20 to30 occasions, he purchased the marijuana and furnished it to his friends for their use. Also, on several occasions, Applicant wrongfully used medication prescribed for his spouse. Applicant made a statement indicating his intent to use marijuana in the future, and to associate with others who also used marijuana. At the hearing he declared his intent not to use marijuana again or to associate with marijuana users. Applicant has mitigated the security concerns arising from his abuse of prescription medicines, but not those resulting from his long-term misuse of marijuana or association with other marijuana users. Clearance is denied.


Drugs; Personal Conduct

11/09/2004

Applicant is a 46-year-old college graduate engineer who used marijuana from 1983 to 2001 while holding a security clearance. Applicant failed to disclose pertinent and relevant information concerning his illegal drug use, and his criminal arrest and conviction history on his security clearance application in 2002. Applicant did not mitigate the drug involvement and personal conduct security concerns. Clearance is denied.


Foreign Influence

11/09/2004

Applicant is a 63-year-old naturalized citizen of the United States. One of Applicant's brothers continues to live in Hong Kong and Applicant maintains regular contact with him. She also has extensive ties to the United States. Applicant has been employed by a defense contractor for over 19 years and has held a security clearance for over 12 years without incident. All her other family members, including her children, are citizens and residents of the United States or Canada. All of Applicant's financial assets are in the United States, including real estate, savings, and investments. Applicant has mitigated the security concerns arising from the possible foreign influence. Clearance is granted.


Foreign Influence

11/09/2004

Applicant is a naturalized citizen of the United States and has relatives who are citizens and residents of Taiwan. He has minimal, if any, contact with his siblings and infrequent contact with his father. His mother is deceased. Applicant's wife is also a naturalized U.S.citizen and all of her immediate family reside in the United States. Applicant has no financial ties to Taiwan. His children were born in the United States and he and his wife intend on retiring in the United States. Clearance is granted.


Drugs, Criminal Conduct, Personal Conduct

11/09/2004

Applicant's drug use, criminal conduct, and personal conduct raise security concerns as she used illegal drugs extensively from 1994 until 1999; and she continued to use illegal drugs (Ecstasy) to 2001, two years after she joined the staff of a defense contractor. She continued illegal drug use even after she had been denied a security clearance in 1999 and was on notice that illegal drug use is against the government's security policies. While she declared she has changed her lifestyle and stopped her extensive use of many illegal drugs in 1999, she failed to mitigate her more recent use of Ecstasy. She failed to demonstrate clearly her intent to avoid all drug use in the future. Clearance is denied.


Alcohol

11/09/2004

In 1998, Applicant admitted himself into a residential in-patient treatment program for alcohol dependence. He continued to consume alcoholic beverages after completing the program and admitted himself to another in-patient alcohol treatment program in December 2000 because his binge drinking caused him to miss a day of work. In his June 2003 answer to the SOR, Applicant asserted he had "never, before [1998] or since, consumed alcohol to excess." Clearance is denied.


Criminal Conduct; Personal Conduct

11/08/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Financial

11/08/2004

Applicant is a 38-year-old secretary for a defense contractor. Applicant submitted a security clearance application in January 2001 and was granted an interim clearance. An investigation by the Defense Security Service showed Applicant has a history of significant financial problems as far back as 2001 and has at least 20 accounts considered bad debt or charged off. She has made efforts to pay some small accounts, but has made no efforts to pay the majority of her debts. She has not sought debt counseling to help her with her financial problems. Clearance is denied.


Criminal Conduct

11/08/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Alcohol; Personal Conduct

11/08/2004

Applicant is a 46-year-old aircraft engine technician employed by a defense contractor. Applicant's employer forwarded an unfavorable report on Applicant to the Defense Industrial Security Clearance Office based on Applicant's arrest for driving under the influence of alcohol. Before any action could be taken on this incident, Applicant had two more arrests for alcohol related driving incidents and was treated in a medical facility alcohol treatment program. When interviewed about the first incident by a Defense Security Service Special Agent, Applicant did not reveal the additional incidents. Clearance denied.


Foreign Influence; Foreign Preference

11/08/2004

Applicant has successfully mitigated the foreign preference security concern based on his clear preference for the U.S. But he is unable to successfully mitigate the foreign influence security concern based on (1) his family ties to Iran, and (2) his travel to Iran in 1998 and 2001 using an Iranian passport to visit his family members. Clearance is denied.


Criminal Conduct; Personal Conduct

11/08/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Criminal Conduct

11/08/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Foreign Influence

11/08/2004

Applicant, born and raised in Sri Lanka, fled the country in 1983 when ethnic violence erupted. Although one boyhood friend and three siblings with whom Applicant has little contact remain in Sri Lanka, Applicant has demonstrated they are not in a position to be exploited. Clearance is granted.


Criminal Conduct

11/08/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Criminal Conduct; Personal Conduct

11/05/2004

Applicant was convicted of Assault with Intent to Murder, Assault and Battery, and Assault in August 1981 for his part in a bar fight in which one of the participants was seriously injured. He was sentenced to jail for ten years (the final five years suspended), and actually served about 24 months in jail. Although he would otherwise be able to mitigate the security concern created by his criminal conduct, he is prohibited from doing so because of the statutory disqualification imposed by 10 U.S.C. 986. Clearance is denied. I do not recommend further consideration of this case for a waiver.


Criminal Conduct

11/05/2004

Applicant's case involved the adjudication of her security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Foreign Preference; Foreign Influence; Personal Conduct

11/05/2004

Applicant became a naturalized U.S. citizen in 1971. He has foreign associates who are citizen residents of Israel. He obtained an Israeli passport in 1996 and failed to admit it on his security clearance application. Applicant failed to mitigate foreign preference, foreign influence, and personal conduct security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

11/05/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Foreign Influence

11/05/2004

Applicant is a 70-year-old employee of a defense contractor. He has worked for defense contractors and held a security clearance for 43 years. Applicant's daughter and granddaughter are dual-citizens of Israel and the U.S., living in Israel. Applicant's daughter is divorced and has primary custody of her child. However, an order of an Israeli court prevents Applicant's daughter from taking her child out of Israel for more than 30 days each year; violation of the court order could result in forfeiture of a $15,000.00 bond and loss of custody of the child. Considering the foreign power in question, the circumstances of the family members, and the extent of Applicant's familial, financial, and patriotic ties to the United States, Applicant has mitigated the security concerns arising from the potential foreign influence. Clearance is granted.


Criminal Conduct

11/05/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Financial, Personal Conduct

11/05/2004

Applicant fell behind on three debts totaling $20,387.29 following an unplanned move to get away from a violent ex-husband, a divorce, and unemployment. An additional security concern arose by her failure to list a judgment lien, one of the three debts, on her security clearance application. Applicant demonstrated this omission was inadvertent. Applicant has initiated contact or made a good-faith effort to contact her creditors, set up payment plans and is now current and/or paying down her debts. Applicant has successfully mitigated her financial considerations and personal conduct concerns. Clearance is granted.


Criminal Conduct; Personal Conduct

11/05/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Criminal Conduct; Financial Considerations

11/05/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Criminal Conduct; Alcohol; Drugs; Personal Conduct

11/05/2004

Applicant's case involved the adjudication of his security eligibility in light of 10 U.S.C. 986. While this case was pending appeal, Congress amended that statute. As a matter of fairness to the parties under the Directive, the Board hereby remands the case to the Administrative Judge to allow the parties an opportunity -- consistent with basic principles of due process -- to present their views on the effect of the new law on Applicant's case. On remand, the Judge must allow Department Counsel the opportunity to obtain guidance from appropriate Department of Defense officials as to the legal effect of the new law on pending cases and how the Department of Defense proposes to implement the new law. Case remanded with instructions.


Foreign Influence

11/04/2004

Applicant is a naturalized U.S. citizen who emigrated from the People's Republic of China (PRC). Applicant failed to mitigate foreign influence security concerns raised by the presence in the PRC of his mother, sister, mother-in-law, and brothers-in-law. Clearance is denied.


Drugs

11/04/2004

Applicant is a 38-year-old employee of a defense contractor. She held a security clearance from about 1989 to 2000. Applicant used marijuana in social settings approximately once every four months from about January 1999 to May 2002. She stopped using marijuana because she stopped socializing with the people who provided the marijuana to her, and because she realized it could have serious adverse consequences on her employment. Applicant reported her marijuana use on her security clearance application, and avers she will never use illegal drugs again. Applicant's repeated, deliberate, use of marijuana over a three and one-half year period, was not an isolated incident or an aberrational event. Applicant has not mitigated the security concerns arising from her drug involvement. Clearance is denied.


Foreign Influence

11/04/2004

In September 2000, Applicant married a Russian national whom he had met over the Internet. She had worked in a municipal tax office in Russia and in the Russian media before she came to the United States on a fiancee visa. The Foreign Influence concerns presented by her Russian citizenship, her close relationship with a sister who is a Russian resident citizen, and her ownership of a condominium in Russia are mitigated in that neither Applicant's spouse nor her siblings are foreign agents or in positions where they are likely to be vulnerable to undue coercion or influence. Applicant's verbal notification to his employer of his intent to marry a foreign national did not constitute the actual notice required by his company, but his noncompliance was contributed to, if not caused by, the failure of company security personnel to advise him properly. Clearance is granted.


Drugs; Alcohol; Personal Conduct

11/04/2004

Applicant's testimony was relevant evidence, but it was not binding on the Administrative Judge. As the trier of fact, the Judge had to consider Applicant's testimony in light of the record evidence as a whole. The Judge's findings of fact were reasonably supported by the record evidence, and the Judge's conclusions follow rationally from the Judge's findings. Adverse decision affirmed.


Financial; Personal Conduct

11/04/2004

Applicant has a history of delinquent debts she primarily accrued in connection with medical care she believed to be covered by her medical insurance at work. Unable to address her delinquent debts in recent years due to reduced work and related loss of income attributable to personal health and family issues, she has since entered into repayment arrangements with most of her creditors and established payment histories with them. Applicant by her good-faith payment efforts mitigates security concerns associated with her delinquent debts, and she successfully refutes allegations of falsification of her security clearance application (SF-86) by a demonstrated misunderstanding of the status of her debts. Clearance is granted.


Drugs; Personal Conduct

11/03/2004

Applicant is a 27-year-old network engineer for a defense contractor. Applicant admits he used marijuana weekly from 1996 to 2001, that during this time he purchased marijuana every three weeks for his own use, and that he was arrested in 1998 for purchasing marijuana from an undercover police officer. Applicant did not mention his arrest or use and purchase of marijuana when completing his security clearance application. Applicant revealed his arrest and use and purchase of marijuana only when questioned by a special agent of the Defense Security Service. Clearance is denied.


Criminal Conduct; Personal Conduct

11/03/2004

Applicant was arrested for transporting over a pound of marijuana from Canada into the U.S. Applicant claimed he was delivering a package for a man he met in Canada and was unaware it contained marijuana. Neither Applicant nor his story is credible. Applicant failed to mitigate the criminal conduct and personal conduct security concerns raised by his conduct. Clearance is denied.


Foreign Preference; Foreign Influence

11/03/2004

The Government substantiated security concerns over Applicant's foreign preference because of his dual citizenship and use of a foreign passport from Iran after he became a naturalized United States (US) citizen in August 2000. He failed to comply with the Department of Defense (DoD) policy requirements to relinquish his foreign passport issued in August 1999. He stated his intent to renew it when it expired in August 2004. Although he has relatives who are citizens of a foreign country, they do not have ties to the government. Only his brother remains in Iran while both his mother and mother-in-law now reside in the U.S. While he mitigated the allegations of foreign influence, concerns remain over foreign preference. Clearance is denied.


Foreign Influence

11/03/2004

Applicant immigrated to the U.S. in 1980 and became a U.S. citizen in 1996. Applicant was unable to mitigate the foreign influence security concerns raised by his immediate family members (mother and sister) and others to whom he is bound by obligation (his wife's siblings) who are citizen residents of the People's Republic of China. Clearance is denied.


Drugs; Alcohol; Criminal Conduct; Personal Conduct

11/03/2004

Given the record evidence in this case, the Administrative Judge did not err by concluding that Applicant mitigated his falsification of a security clearance application. Adverse decision affirmed.


Financial; Criminal Conduct

11/02/2004

Applicant is unable to successfully mitigate her history of not meeting financial obligations. She is also unable to successfully mitigate the security concern stemming from her 1997 felony conviction for credit card theft resulting in a sentence to confinement for two years, because she is yet to make full restitution as required by the state court's order. Clearance is denied.


Foreign Preference; Foreign Influence

11/02/2004

Applicant was born and raised in the Peoples Republic of China. He mitigated foreign preference security concerns raised by cancelling his Chinese passport. Applicant was unable to mitigate the foreign influence security concerns raised by his brother, sister, mother-in-law, and father-in-law who are citizen residents of China. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

11/02/2004

Applicant failed to mitigate security concerns raised by his financial condition and his knowing and willful failure to report his financial condition and criminal conduct on his security clearance application. Clearance is denied.


Personal Conduct

11/02/2004

Applicant was arrested and convicted in 2000 of two alcohol-related offenses. In his March 2002 Security Clearance Application (SF 86), he deliberately falsified his answer to Question 24 (alcohol/drug offenses). No mitigation has been adequately established. Clearance is denied.


Foreign Preference; Foreign Influence

11/02/2004

When faced with a problem on appeal that precludes the Board from addressing in a fair and meaningful way the material issues raised by the parties on appeal, the Board is -- of necessity -- required to decide whether the threshold problem can be resolved so the Board can decide an appeal on its merits, or whether the threshold problem requires remand for corrective action that cannot be taken by the Board. If Administrative Judges or the parties fail (within their respective roles) to develop a coherent, intelligible record, or if Judges do not place in the case file copies of documents offered as evidence or for administrative or official notice (whether the documents are admitted or not admitted into evidence), then the result could impair the appeal rights of the parties or impair the ability of the Board to carry out its appellate functions. Given the record before it, the Board is unable to discern how the Judge handled three documents offered as exhibits by Department Counsel. Case remanded with instructions.


Personal Conduct; Foreign Influence; Sexual Behavior

11/01/2004

Applicant works for a defense contractor. He began a sexual and social relationship with a Bolivian woman in 1994. He did not disclose this relationship on his security clearance application. He continued this relationship after he married another Bolivian woman in 1998. He disclosed his adulterous relationship to his wife, but he continues to send money to the first woman and intends to bequeath half of his estate to her. His wife has become a U.S. citizen, but her parents have remained in Bolivia. Security concerns based on foreign influence were mitigated, but concerns based on personal conduct and sexual conduct were not mitigated. Clearance is denied.


Criminal Conduct

11/01/2004

Applicant mitigated security concerns raised by his conviction for vehicular assault in 1988. But absent a waiver of 10 U.S.C. 986 by the Secretary of Defense, the Department of Defense is prohibited from granting Applicant a clearance because of his sentence to more than one year in confinement. Clearance is denied. I do not recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Financial; Personal Conduct

11/01/2004

Applicant's four alcohol-related incidents between 1982 and 2000 establish a case of alcohol consumption that has not been mitigated. Given Applicant's deliberate falsification of his security clearance questionnaire (SCA) in August 2002 and continuing denial that he falsified the document, he has also not met his ultimate burden of persuasion under the personal conduct guideline. Clearance is denied.


Alcohol; Personal Conduct

11/01/2004

An Administrative Judge's credibility determination is entitled to deference on appeal, and the appealing party has a heavy burden of persuasion when challenging a Judge's credibility determination. Department Counsel strongly disagrees with the Judge's credibility determination concerning Applicant, but fails to make a persuasive argument that the challenged credibility determination is not sustainable. Department Counsel's strong disagreement with the Judge's findings of fact, standing alone, is not sufficient to demonstrate those findings are erroneous. Given the record evidence in this case, the Board does not have to agree with the Judge's challenged findings of fact to conclude they are sustainable under Directive, Additional Procedural Guidance, Item E3.1.32.1. Favorable decision affirmed.


Personal Conduct; Criminal Conduct

11/01/2004

Applicant's knowing and wilful falsification of material facts on a Security Clearance Application (SCA) he executed in 2001, and his inability or unwillingness to admit this act of dishonesty, requires a denial of his security clearance request. Clearance is denied.


Foreign Influence

11/01/2004

Applicant is a computer programmer/analyst for a government contractor. Both Applicant and his wife were born in the Peoples Republic of China (PRC), emigrated to the U.S., and became U.S. citizens. Applicant's parents and two sisters are residents and citizens of the PRC. His parents are retired, aged, and hospitalized. His sisters both work in a government hospital. Applicant talks to his parents and sisters by telephone twice a month. Security concerns based on foreign influence are not mitigated. Clearance is denied.


Criminal Conduct

10/29/2004

Applicant was arrested on five occasions between July 1987 and April 2000. His last conviction, on August 24, 2000, resulted in a sentence of 365 days jail (335 days suspended) and 10 years probation. He successfully completed a domestic violence intervention program in 1998, and quit drinking alcohol about two years ago. Applicant has successfully mitigated the security concern caused by his criminal conduct. Clearance is granted.


Alcohol; Personal Conduct; Criminal Conduct

10/28/2004

Applicant was involved in three alcohol-related incidents, two of which he failed to list on his security clearance application. Applicant admitted deliberately omitting this information because of the embarrassment it caused him. Applicant no longer drinks alcohol when he is going to drive, but fails to comprehend that his binge drinking is itself a security issue. Applicant failed to mitigate the security concerns raised by his alcohol consumption and his falsification of his security clearance application. Clearance is denied.


Financial

10/28/2004

Department Counsel cannot fairly raise for the first time on appeal an allegation that Applicant falsified a security clearance application. Because there is no presumption of error below, when an appealing party does not challenge an Administrative Judge's findings of fact, the Board is not required to consider whether the Judge's findings are supported by substantial record evidence. Although Department Counsel identified two errors by the Judge with respect to the application of Financial Considerations mitigating conditions, those errors are harmless under the particular facts and circumstances of this case. Favorable decision affirmed.


Foreign Influence

10/27/2004

Applicant married a woman whose mother and brother are citizen residents of Russia. He is unable to successfully mitigate the resulting foreign influence security concern. Clearance is denied.


Criminal Conduct; Drugs; Financial; Personal Conduct

10/27/2004

The Applicant's long history of criminal activity, illegal drug use, delinquent debts and falsifications on his security clearance application have not been mitigated by sufficient evidence of reform and rehabilitation. The provisions of 10 USC 986 do not apply. Clearance is denied.


Criminal Conduct, Financial; Foreign Preference

10/27/2004

Applicant is a 32-year-old administrative assistant employed by a defense contractor. She was arrested in 1995 and charged with credit card theft, pled guilty, and was sentenced to five years confinement suspended with three years supervised probation and a fine of $350. Applicant is indebted to four creditors for a total amount of over $7,000.00. She admits that these debts are outstanding but avers that she intends to pay one, is paying on two others, and disputes the fourth. No evidence was offered to prove those assertions but even assuming that the one disputed debt is not owed and that some payments have been made, the remaining debts exceed $4,000.00 according to her credit report. Clearance is denied.


Criminal Conduct

10/26/2004

Applicant was arrested several times between 1988 and 1991 for drug-related offenses related to his addiction to methamphetamine. His last arrest, for violation of his probation after testing positive for drugs, resulted in a two-year prison sentence. Available mitigation through time and change of circumstances is undermined by his deliberate falsification of his most recent security clearance application. Clearance is denied.


Foreign Influence; Personal Conduct

10/26/2004

Applicant's sister is a U.S. citizen residing in Macau, a Special Administrative Region of the People's Republic of China. His father is a citizen resident of Hong Kong. Applicant's in-laws are citizen residents of Taiwan. Applicant failed to document on his security clearance application his travels outside the U.S. He failed to mitigate foreign influence and personal conduct security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

10/26/2004

Fined $50 after being found in possession of marijuana in 1987, Applicant was again arrested on illegal drug charges in April 1988. Sentenced to 18 months in prison (suspended) for possession of a controlled dangerous substance and to one year (suspended) and probation for second controlled substance offense, he is statutorily disqualified from having a clearance granted or renewed under 10 U.S.C. 986. Applicant also falsified his April 2001 security clearance application by failing to list his illegal drug offenses. Clearance is denied.


Financial

10/26/2004

Applicant has more than $33,000.00 in outstanding debts that either are past due, or have been charged off or submitted for collection. Most of the accounts have been delinquent for many years, and, despite previous assertions by Applicant they would be quickly resolved, nothing has been done to satisfy them. Further, in January 2002, she reported her monthly living expenses exceeded her net family income by $962.00. Her present stated plan of borrowing money from her retirement account to pay the creditors agreed upon reduced settlement amounts, even if acted upon, is inadequate to return her to a position of financial stability. Clearance is denied.


Criminal Conduct

10/26/2004

Applicant pled guilty to Aggravated Fleeing and Eluding on April 8, 2003, for an offense committed on July 19, 2002, and was placed on two years probation. Although he has no prior criminal history, the false sworn statement he provided on April 17, 2003 and the false testimony he provided at the hearing on August 18, 2004 prohibit finding he has mitigated the security concern caused by his criminal conduct. Clearance is denied.


Alcohol

10/26/2004

Applicant was convicted of Driving While Intoxicated in October 1990, April 2001, and March 2002, and is presently on probation for the last offense. He was referred by his employer for an alcohol evaluation in 1998, and was thereafter recommended for inpatient treatment, which he did not obtain. He continues to consume alcohol, and was observed to be intoxicated in approximately June 2004. Applicant has failed to mitigate the security concerns that arise from his alcohol consumption. Clearance is denied.


Alcohol; Personal Conduct

10/26/2004

Applicant is 43 years old, married, with one son. He is a well-regarded engineer with his defense contractor employer for whom he has worked for 20 years. Applicant had an alcohol-related driving offense in 1992, and another in 1999. Applicant did not disclose his education program as part of the court disposition for each offense because it was not alcohol treatment or education. Applicant mitigated the alcohol consumption and personal conduct security concerns. Clearance is granted.


Criminal Conduct; Sexual Behavior

10/26/2004

Ex Post Facto Clause of the U.S. Constitution does not apply to these proceedings. Ex Post Facto Clause of the U.S. Constitution does not preclude application of 10 U.S.C. 986. Administrative Judge properly concluded 10 U.S.C. 986 precluded him from making a favorable security clearance decision. Adverse decision affirmed.


Financial; Personal Conduct

10/26/2004

Applicant works for a defense contractor as an access administrator handling security clearance applications and other duties. Applicant has 10 delinquent debts, including two judgments against her. One judgment was a consent judgment from 1997. Applicant has not paid any of these debts. Also, Applicant did not disclose on her security clearance application (SF 86) her 1997 Chapter 13 bankruptcy filing, her delinquent debts, or the two judgments. Applicant failed to mitigate the financial considerations and personal conduct security concerns. Clearance is denied.


Alcohol, Drugs, Personal Conduct, Criminal Conduct

10/26/2004

Applicant is a 43-year-old electronics technician employed by a defense contractor. Applicant has three driving while intoxicated arrests and dispositions over 18 years, a diagnosis of substance dependence, used marijuana for 20 years until 1998, including while holding a security clearance and after testifying before an administrative judge that he stopped using marijuana in 1984, tested positive for marijuana in 1998, and deliberately falsified answers to his most recent security clearance application. Applicant did not mitigate the alcohol consumption, drug involvement, personal conduct, and criminal conduct security concerns. Clearance is denied.


Financial

10/26/2004

Applicant is a 53-year-old woman who has been employed by the same defense contractor since March 1970. She has three relatively small accounts that were submitted for collection, a fourth account that has been past due for several years, and a large past due account that resulted from the repossession of her adult daughter's automobile for which Applicant had co-signed. She has failed to mitigate the financial consideration security concern in this case. Clearance is denied.


Foreign Influence

10/26/2004

Applicant came to the U.S. in 1972 to study. He married a native born U.S. citizen, raised two U.S. born children, became a U.S. citizen in 1979, and has had a security clearance since 1982. Applicant mitigated foreign influence security concerns raised by his brothers and sisters who are citizen residents of Ghana, his infrequent travels to Ghana, and his relationship with a tribal king there. Clearance is granted.


Financial

10/26/2004

Applicant incurred delinquent debts over the past 10 years. Applicant is paying his current debts while attempting to pay the debts listed in the SOR, but has not repaid more than four of them, and only recently entered an installment agreement to repay $28,000 he owes to the U.S. Government for the past 14 years. The remaining debts are small enough he could have repaid them by now, but has not done so. Applicant did not mitigate the financial consideration


Criminal Conduct

10/26/2004

Between 1971 and 1997, Applicant had numerous run-ins with the law. However, he was last convicted in 1993. Applicant mitigated the criminal conduct security concerns, but is prohibited from holding a clearance absent a waiver from the Secretary of Defense. Clearance is denied. I do not recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Alcohol; Criminal Conduct

10/26/2004

Applicant is a 44-year-old electronics technician employed by a defense contractor. Applicant started drinking alcohol in high school, and was in treatment in 1988 after which he was sober for six years. In 2000, after being arrested for having a pistol and an open container of alcohol in his vehicle, he entered treatment again, successfully completed it, had a year of sobriety, resumed social drinking, and now is abstinent and participating again in AA on a weekly basis. Applicant mitigated the alcohol consumption and criminal conduct security concerns. Clearance is granted.


Foreign Preference; Foreign Influence

10/26/2004

Applicant has successfully mitigated the security concerns of foreign preference and foreign influence raised by his connections to Hong Kong. Clearance is granted.


Foreign Influence, Foreign Preference, Personal Conduct

10/26/2004

Applicant is 46 years old, a naturalized U.S. citizen since 1984, and employed as an engineer by a defense contractor. Applicant's mother and brother have permanent U.S. residency, but the mother has not returned to the U.S. for almost three years from her last trip to Iran. Applicant has two married sisters in Iran. Applicant obtained an Iranian passport in 1995 to make a three-week visit to his family. Applicant did not disclose his dual U.S.- Iranian citizenship, or his past possession of U.S. and Iranian passports on his security clearance application. Applicant mitigated the foreign influence, foreign preference, and personal conduct security concerns. Clearance is granted.


Criminal Conduct; Personal Conduct

10/25/2004

Applicant was convicted of three counts of child molesting in 2001/2002, involving two young females. He admits exposing himself and masturbating in front of the girls, one of whom was his girlfriend's daughter. His only real excuse was that he was in a period of family stress. He remains on probation until 2005, is receiving counseling, and is required to stay away from the victims. No mitigation has been established. Clearance is denied.


Drugs; Personal Conduct

10/25/2004

The Applicant used crystal methamphetamine once in 1997 and approximately ten times in 2001. Both periods of use were connected to domestic strife. He had a security clearance the entire time. He expresses a credible intent not to use illegal drugs in the future and has three years of abstinence. Adverse inference is overcome. Clearance is granted.


Foreign Influence

10/25/2004

There is a rebuttable presumption that an Administrative Judge acts in an unbiased and impartial manner, and a party seeking to rebut that presumption has a heavy burden of persuasion on appeal. When the Board considers a claim of bias or lack of impartiality, the standard is not whether the appealing party personally believes that the Judge was biased and not impartial, but whether the record of the proceedings below contains any indication that the Judge acted in a manner that would lead a disinterested person to question the fairness or impartiality of the Judge. Bias or lack of impartiality is not shown merely because a Judge makes adverse findings or reached unfavorable conclusions in a case. Applicant's objections to the Judge's taking of administrative or official notice do not demonstrate the Judge erred. Applicant's other arguments fail to demonstrate the Judge acted in a manner that is arbitrary, capricious or contrary to law. Adverse decision affirmed.


Financial

10/22/2004

The Directive presumes there is a nexus or rational connection between conduct or circumstances under any of the Guidelines listed therein and an applicant's security eligibility. Financial difficulties and financial irresponsibility have proven to be significant motivating forces for espionage or attempted espionage. The Administrative Judge had a rational basis for concluding that the facts and circumstances of Applicant's history of financial difficulties raised security concerns. Adverse decision affirmed.


Foreign Influence; Financial

10/22/2004

Absent unusual circumstances, any flaws or errors in the synopsis of an Administrative Judge's decision are not likely to be harmful. The level of security clearance being sought for Applicant is not relevant or material to the issues in this case. Neither Hearing Office Judges nor the Board have authority or expertise to make pronouncements about the human rights records of foreign countries. DOHA practice or experience is not a substitute for information from authoritative sources. Federal government is entitled to protect classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests that are inimical to those of the United States. Applicant has not shown factual or legal error with respect to the Judge's findings and conclusions about his history of financial difficulties. Adverse decision affirmed.


Financial; Personal Conduct

10/21/2004

Applicant has a history of delinquent debts he primarily accrued in connection with medical care he believed to be covered by his medical insurance at work. Unable to address his debts for a number of years due to illness and reduced work, he has since entered into repayment arrangements with most of his creditors and established payment histories with them. Applicant by his good-faith payment efforts mitigates security concerns associated with his delinquent debts, and he successfully refutes allegations of falsification of his security clearance application (SF-86) by a demonstrated misunderstanding of the status of his debts. Clearance is granted.


Sexual Behavior; Personal Conduct; Criminal Conduct

10/21/2004

Board cannot consider new evidence on appeal. Applicant had a reasonable opportunity to submit evidence for the Administrative Judge to consider in his case. There is a rebuttable presumption that the Judge considered all the record evidence unless he specifically stated otherwise. The Judge was not required to cite or discuss every piece of record evidence. Given the record evidence in this case, the Judge's finding of falsification is sustainable. The Judge's findings about Applicant's sexual conduct and falsification of a written statement provide a rational basis for the Judge's adverse conclusions. Adverse decision affirmed.


Drugs

10/21/2004

Applicant admitted her use of marijuana over a 31 year period on her security clearance application. However, the record establishes she has not used it for over three years and demonstrates her intent never to use it again. Clearance is granted.


Foreign Preference; Foreign Influence

10/21/2004

Applicant was born and raised in Israel. He mitigated security concerns raised by his dual citizenship by renouncing his Israeli citizenship and returning his Israeli passport. Applicant was unable to mitigate the foreign influence security concerns raised by his parents, sister, extended family members, and friends who are citizen residents of Israel. Clearance is denied.


Foreign Preference; Foreign Influence

10/20/2004

Applicant's foreign preference, including possession and use of a valid foreign passport, and his foreign influence, including foreign family members, have been mitigated. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct

10/20/2004

Applicant failed to mitigate security concerns raised by his drug use, his criminal conduct, and his deliberate falsification of his security clearance application and a signed, sworn statement he provided to determine his security worthiness. Clearance is denied.


Alcohol; Personal Conduct

10/20/2004

Board cannot consider new evidence on appeal. When an Administrative Judge's findings of fact are challenged on appeal, the Board must decide whether the challenged findings of fact reflect a reasonable or plausible interpretation of the record evidence as a whole. The appealing party must do more than just disagree with a Judge's findings of fact. The appealing party must present a cogent reason or argument as to how or why the Judge's findings of fact are not supported by substantial record evidence, do not reflect a reasonable or plausible interpretation of the record evidence, or are otherwise legally or logically flawed. Considering the record evidence as a whole, the Judge's finding that Applicant falsified a security clearance application is sustainable. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

10/20/2004

Applicant's wilful failure to file his federal and state income tax returns for tax years 1995, and 1999, through 2002, in a timely fashion has caused excessive financial tax indebtedness and other financial problems that he has not resolved or mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

10/19/2004

Applicant's foreign preference, including possession and use of a valid foreign passport, and his foreign influence, including foreign family members, been mitigated. Clearance is granted.


Personal Conduct; Criminal Conduct; Financial

10/19/2004

Applicant is a data analyst for a defense contractor. She was convicted in 2002 of embezzling funds by sending benefit checks to accounts controlled by her while working for a civilian health management organization. She was sentenced to probation and a fine. Applicant has not established any mitigating conditions. Clearance is denied.


Foreign Preference; Foreign Influence

10/19/2004

Born in Israel, Applicant, exercised dual citizenship when he possessed and used a foreign passport after obtaining U.S. citizenship in 1988. When he surrendered his foreign passport as required and renounced his Israeli citizenship, he mitigated security concerns. He has had a security clearance since 1987 without incident. He has strong ties in the U.S. and minimal ties abroad. While Applicant's mother, brother and sister live in Israel and Applicant has other family ties with dual citizenship, no one in his family has ties to a foreign government nor seem vulnerable to pressure. Applicant established that if he were ever approached by anyone seeking classified information, he would report such a contact or threat to a responsible security official. Applicant has mitigated the security concerns under Guidelines C and B. Clearance is granted.


Foreign Influence

10/19/2004

Once the Government proved that applicant's immediate family members in the People's Republic of China (PRC) raise serious and significant security concerns, the burden shifted to applicant to rebut these concerns. Applicant, although an honorable man who has contributed to the United States defense industry for many years, did not meet his burden. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

10/19/2004

Applicant deliberately falsified his security clearance application in 1995 by failing to disclose the full extent of his drug involvement. After disclosing considerable drug involvement in a written statement to a Defense Security Service agent, Applicant was granted a confidential clearance. Applicant's clearance was terminated in 2001 because he tested positive for marijuana. He was interviewed again in 2002 and failed to disclose the full extent of his drug involvement. Clearance is denied.


Personal Conduct

10/19/2004

Applicant is a 50-year-old retired Navy sailor working as a quality assurance technician for a defense contractor. He deliberately failed to list an arrest for attempted sexual battery during an alcohol related incident on his security clearance application. Clearance is denied.


Foreign Influence; Personal Conduct

10/19/2004

Applicant successfully rebutted the allegations that he deliberately made false statements (1) when he incorrectly answered a question concerning foreign passports on his security-clearance application, and (2) during an interview with investigator. But Applicant is unable to successfully mitigate the foreign influence security concern raised by his close and continuing family ties to China. Clearance is denied.


Foreign Preference; Foreign Influence

10/18/2004

Applicant, a dual citizen of the United States and Lebanon, has acted in such a way as to indicate a preference for a country other than the United States. This has included Applicant using his Lebanese passport to enter and exit Lebanon, identifying himself to the Lebanese Government as Lebanese citizen, and working for a Lebanese Government owned company, all after he became a United Sates citizen. Applicant's immediate family members, including his aunts and uncles, with whom he has close and continuing contact, are citizens and residents of Lebanon, and he continues to own a home in Lebanon. The evidence establishes that Applicant is vulnerable to foreign influence. Mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

10/18/2004

Applicant used marijuana from 1977-2003, including while holding an interim security clearance. In a security clearance application (SCA) and in a signed, sworn statement, Applicant denied illegally using drugs in the previous seven years. Applicant failed to mitigate drug involvement, personal conduct, and criminal conduct security concerns raised by his drug use and intentional falsification of material information on his SCA and in a signed, sworn statement. Clearance is denied.


Financial; Personal Conduct

10/18/2004

Applicant has a history of financial problems. Although he has recently paid all of the delinquent debts and judgments outstanding against him, insufficient time has elapsed to find he is now financially stable. Applicant deliberately omitted material financial information from his security clearance application by failing to list the judgments and the delinquent debts. Clearance is denied.


Financial

10/18/2004

The Board cannot consider new evidence on appeal. Applicant has failed to rebut the presumption that the Administrative Judge considered all the record evidence. The Judge's findings about Applicant's history of financial difficulties are sustainable in light of the record evidence as a whole. The possibility of adverse job or career consequences following from an unfavorable security clearance decision is not relevant to the Judge's assessment of Applicant's security eligibility. Adverse decision affirmed.


Foreign Influence; Foreign Preference

10/18/2004

Applicant is a member of the optical sciences research staff for a defense contractor. He is a dual citizen of Israel and the United States, holds passports from both countries, and has used his Israeli passport for travel to Israel. He worked as an intern for an international scientific institute in Israel for three months in 1997, and he maintains occasional contact with a former supervisor and a colleague. He has occasional contact with Israeli friends of his parents. He has strong interest in residing permanently in Israel at some time in the future. He has expressed willingness to serve in the Israeli Defense Forces as a condition of residing permanently in Israel. Foreign influence is not established, but foreign preference is established and not mitigated. Clearance is denied.


Financial

10/18/2004

Unable to work after knee surgery and physical therapy, Applicant fell behind on his debts. Shortly after recovering from surgery, Applicant went through a divorce. After these two events, Applicant had incurred ten debts totaling $9,866.00. Applicant initiated contact with his creditors, set up payment plans and is now current on his debts. Applicant has successfully mitigated this financial considerations concern. Clearance is granted.


Foreign Influence

10/15/2004

Applicant is a 30-year-old naturalized U.S. citizen born in Taiwan working as an auditor associate for a defense contractor. Applicant has a grandmother, and an aunt and uncle in Taiwan and communicates with two friends living in Taiwan. Applicant has made two pleasure trips to Taiwan in the last eight years and resided there for approximately a year as an intern for her company The substantial evidence establishes the Applicant has close ties of affection or obligation to the grandmother but not to the aunt and uncle and the two friends. The close ties of affection to the grandmother are mitigated because the grandmother is not an agent of or in a position to be exploited by a foreign power and the contacts are casual and infrequent. Clearance is granted.


Drugs

10/15/2004

Applicant is a senior engineer for a defense contractor. He used marijuana and LSD, and has abused prescription Ritalin and Percocet from 1992 until March 2003. Applicant has not used drugs since 2003 and is not a current drug abuser, so the provisions of 10 U.S.C. 986 do not apply. Clearance is denied.


Personal Conduct; Criminal Conduct

10/15/2004

Most of applicant's criminal conduct was minor and occurred a long time ago. However, a 1985 Driving Under the Influence (DUI) conviction, a 1997 alcohol-related arrest and conviction, and applicant's 2002 intentional falsification of material facts on a Personnel Security Questionnaire (PSQ), which constitutes a felony under 18 U.S.C. 1001, establishes a continuing pattern of criminal conduct that is too serious and recent to be mitigated. Clearance is denied.


Personal Conduct

10/15/2004

This 42-year-old technician showed poor judgment in 2000 when he allowed an unlicensed teenage girl to drive his car. He was arrested and convicted of the charges and ordered not to have anything more to do with the teenager while he was on probation. He ignored the order on several occasions. In addition, he allowed the teenager to drive his vehicle again, in an adjoining state, with him in it, and to give a false name to the police when she was stopped for speeding. When questioned by a Government agent two years later, he intentionally gave an incorrect and false version of what had happened, minimizing his own culpability. No mitigation has been shown. Clearance is denied.


Financial

10/15/2004

Applicant is a 49-year-old truck driver with a six year history of outstanding financial indebtedness, in the approximate amount of $50,500.00, caused primarily by her misplaced trust in a brother and sister-in-law to maintain her home and manage her finances under the authority of a power of attorney. The deceptive acts, theft, and fraud perpetrated by her sister-in-law in diverting Applicant's monies designated to pay various accounts, and using Applicant's credit cards without permission, cannot be attributed to Applicant. She has asserted a new attentiveness to her finances and no longer possesses credit cards. The questions and doubts as to her security eligibility and suitability have been satisfied. Clearance is granted.


Foreign Preference; Foreign Influence

10/14/2004

Born in Israel, Applicant, exercised dual citizenship when he possessed and used his foreign passport after obtaining U.S. citizenship in 1987. However, he mitigated security concerns over foreign preference when he surrendered his foreign passport as required and renounced his Israeli citizenship. He is an eminent scientist with strong ties in the U.S. He has minimal ties abroad. While Applicant's mother lives in Israel and Applicant has other family ties with dual or foreign citizenship, he established that none have ties to the foreign government nor could be vulnerable to pressure. Further, Applicant credibly established that if he were ever approached by anyone seeking classified information, he would report such a contact or threat to the responsible security official or to the FBI. Applicant has mitigated the security concerns under Guidelines C and B. Clearance is granted.


Foreign Influence; Foreign Preference

10/14/2004

Applicant, born in the People's Republic of China (PRC), came to the United States in 1989 and became a United States citizen in 2001. Her husband and daughter are also United States citizens. Her mother and her husband's parents are citizens and residents of PRC, but are in the process of obtaining permission to move to the United States. She has other relatives, who are citizens and residents of PRC, but her contacts with them are infrequent. They are not in a position to be exploited by PRC in a way that could force Applicant to choose between loyalty to these family members and her loyalty to the United States. Applicant's strong attachment to the United States and minimal ties to PRC makes it unlikely that she would respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Financial

10/14/2004

Given the totality of the record evidence in this case, it was not arbitrary, capricious, or contrary to law for the Administrative Judge to conclude Applicant had not presented sufficient evidence to extenuate or mitigate his unresolved debts. Adverse decision affirmed.


Foreign Influence

10/14/2004

The Government established a prima facie case under Guideline B based on applicant's two siblings (one a United States citizen living in Cambodia and the other a United States resident for over 25 years but still a Cambodian citizen) and two members of his spouse's immediate family, who have served in, and may still be serving in, the Cambodian government. The applicant has, however, presented overwhelming evidence that he is a loyal United States citizen who would not compromise classified information under any circumstances. I therefore conclude that applicant has rebutted the Government's prima facie case. Clearance is granted.


Foreign Influence

10/14/2004

The Government established a prima facie case under Guideline B based on the fact applicant's mother and three siblings are citizens of, and reside in, South Korea, and the fact applicant has a relationship with an official of the South Korean government. The applicant has, however, presented convincing evidence that his immediate family members in South Korea do not present a significant security risk, and that his relationship with the South Korean government official is distant. I therefore conclude that applicant has rebutted the Government's prima facie case. Clearance is granted.


Personal Conduct

10/14/2004

Applicant is a 33-year-old computer system engineer working for a defense contractor. In his security clearance application, he answered in the negative when asked about being arrested or charged with an offence related to alcohol and if his use of alcohol resulted in treatment or counseling for alcohol abuse. In fact, he was arrested for driving while intoxicated and he also received alcohol related counseling or treatment. Clearance is denied.


Personal Conduct; Criminal Conduct

10/14/2004

Applicant submitted a security clearance application on December 20, 2000 in which she intentionally failed to disclose financial delinquencies and civil court actions as required. Her knowing and willful certification of that form with the intentional falsifications contained therein constitutes an offense under 18 U.S.C. 1001. Applicant has failed to mitigate the security clearance concern caused by her personal conduct and the related criminal conduct in providing false information. Clearance is denied.


Financial; Personal Conduct

10/14/2004

Applicant's delinquent financial history has been mitigated by a good faith effort to resolve his past due debts. His intentional falsifications on his security clearance application concerning his financial history have not been mitigated. Clearance is denied.


Financial

10/14/2004

Twenty-nine-year-old Applicant with a lengthy history of ignoring his financial obligations and providing various promises and plans to resolve his debts, in fact made little effort to address those obligations, even after this security clearance review process commenced. The absence of any timely efforts to resolve his debts and too many unfulfilled promises to do so, raise doubts about his security eligibility and suitability. Clearance is denied.


Drugs

10/13/2004

Applicant sporadically abused marijuana from 1986 to 2003. He tested positive for marijuana in a random drug screening in May 2003. The lengthy period of Applicant's drug abuse and the recency of his last use are too much for Applicant to overcome and meet his ultimate burden of persuasion. Clearance is denied.


Financial

10/13/2004

Board cannot consider new evidence on appeal. There is no presumption of error below. Because Applicant does not challenge the Administrative Judge's findings of fact about his history of financial difficulties, the Judge's findings of fact need not be reviewed by the Board. Because Applicant does not challenge the Judge's analysis of Applicant's history of financial difficulties, the Judge's rulings and conclusions about Applicant's case under Guideline F need not be reviewed by the Board. Under the Directive, there is no authority for a Hearing Office Judge or the Board to grant a conditional or probationary security clearance. There is no indication in the case file that Applicant was prejudiced in any legally cognizable way by the fact that some DOHA documents listed his first name as his middle name and his middle name as his first name. Adverse decision affirmed.


Financial

10/13/2004

Applicant is a logistics specialist for a defense contractor. He acknowledges two significant debts totaling approximately $7,800. He refuses to pay the two major debts since he paid his fair share of the debts and the remainder should be paid by his wife whom he is divorcing. The latest credit report shows Applicant has a judgment against him and a debt in collection that have not been satisfied. Applicant was given an opportunity to provide information concerning the judgment and the debt in collection but chose not to provide information. Clearance is denied.


Financial; Personal Conduct

10/13/2004

Applicant is a 30-year-old control room operator employed by a defense contractor. In August 2001, he submitted a security clearance questionnaire and asserted he had no delinquent debts. At that time Applicant had three debts that were delinquent. Applicant has defaulted on numerous debts, failed to make timely payments on others, and had still more debts sent to collection agencies. Applicant's financial history and lack of candor in admitting his debts raise security concerns. Clearance is denied.


Financial; Personal Conduct

10/13/2004

This 59-year-old employee of a defense contractor has paid off most of his delinquent debts and intends to pay or otherwise resolve the remainder in the near future. The Financial Considerations concerns have been mitigated. As to the Personal Conduct concerns, two of the three financial-related falsifications of his answers to questions on his SF 86 were material and deliberate and no mitigation has been established. Clearance is denied.


Financial

10/13/2004

Applicant has a history of delinquent debts (mostly business-related) he incurred between 1994 and 2002. The debts total over $34,000.00 and still remain largely unaddressed. While Applicant is to be encouraged in seeking compromise repayment arrangements in the past year, his repayment efforts remain too much a work in progress to make any safe predictable judgments at this time about his debt resolution prospects. Applicant fails to mitigate security concerns associated with his delinquent debts. Clearance is denied.


Personal Conduct

10/13/2004

In 1992, Applicant used marijuana and deserted from the U.S. Army. After his apprehension, he submitted a request for discharge in lieu of court-martial. The Army accepted the request and discharged Applicant under other than honorable conditions. Applicant failed to mitigate personal conduct security concerns raised by his conduct. Clearance is denied.


Foreign Influence; Foreign Preference

10/12/2004

Applicant is unable to successfully mitigate the foreign preference and foreign influence security concerns raised by her close and continuing connections to Taiwan. Clearance is denied.


Drugs

10/12/2004

Applicant mitigates his recurrent marijuana use, purchases and his non-recent arrests for marijuana possession. His marijuana involvement was never more than occasional, and last occurred in September 2002. He is highly regarded by his superiors and colleagues for his good judgment, reliability and trustworthiness, and he credibly convinces that he will not return to marijuana use in the future. Clearance is granted.


Financial; Personal Conduct

10/12/2004

Applicant has experienced continuing financial problems since approximately 1996. He has failed to satisfy numerous delinquent accounts that have been outstanding since that time, and until recently has made little effort to even address those accounts. He also failed to disclose his financial problems in a security clearance application he submitted in July 2001. His explanation for not doing so is not believable. Applicant has failed to mitigate the security concerns caused by his financial considerations and personal conduct. Clearance is denied.


Personal Conduct

10/08/2004

Applicant has mitigated a security concern with a pattern of rule violations. Applicant has been forthright regarding his limited, experimental use of marijuana over a 14 month period, his underage consumption of alcohol, and an isolated arrest for public drunkenness. Applicant has not used marijuana for over two and a half years and has no intention of using it or any other illegal drug again. Although Applicant continues to consume alcohol, he is now of legal age to do so and drinks more responsibly. Both his experimental use of marijuana and alcohol consumption were undoubtedly influenced by his college environment. Graduating from college and entering full time employment in the defense industry have positively motivated Applicant to put an end to such practices and achieve a successful career. Clearance is granted.


Financial; Personal Conduct

10/08/2004

Board cannot consider new evidence on appeal. Applicant's proffer of new evidence on appeal does not demonstrate the Administrative Judge erred or that the Judge's decision is arbitrary, capricious, or contrary to law. There is a rebuttable presumption that the Judge considered all the record evidence unless the Judge specifically states otherwise. Applicant's overall history of financial difficulties provides a sufficient rational basis for the Judge's decision. Adverse decision affirmed.


Sexual Behavior; Personal Conduct

10/07/2004

An applicant can waive his or her objection to the admissibility of evidence even though the Directive is silent on the matter of waiver. Although general rules of law can be cited as persuasive authority in areas where the Directive is silent or ambiguous, general legal rules or principles do not supersede a party's right to insist on compliance with specific provisions of the Directive. If a document objected to by an applicant falls under the terms of Directive, Additional Procedural Guidance, Item E3.1.22, then the unavailability of a witness to testify about that document is relevant only to the extent that such unavailability falls under one of the specific exceptions of Item E3.1.22. An applicant's right to confrontation in these proceedings is not the same as, or equivalent to, a criminal defendant's right to confrontation under the Sixth Amendment of the U.S. Constitution. In making a decision about the admissibility of documents under Directive, Additional Procedural Guidance, Items E3.1.20 and E3.1.22, even if a Judge concludes that a document is not admissible under one of those two provisions, it does not necessarily follow that the document is not admissible under the other provision. Board does not review the record evidence de novo and engage in appellate fact-finding. Although Department Counsel has demonstrate the Judge erred in ruling on the admissibility of certain documents, the proper remedy in this case is remand, not reversal. Case remanded with instructions.


Financial

10/06/2004

Applicant is indebted to numerous creditors in an amount in excess of $100,000.00. He intends to file for bankruptcy, but even if he does so, at least $100,000.00 of his debt, which is for past-due child support, is not dischargeable. Based on the evidence presented, there is little or no chance applicant will ever be able to satisfy this debt. He is, and will most likely remain, under severe financial duress. This fact precludes a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Foreign Preference; Foreign Influence

10/05/2004

After security concerns arose over Applicant's foreign preference because of her dual citizenship, she voluntarily chose to comply with the Department of Defense (DoD) policy requirements and destroyed her foreign passport in January 2004. After she became a naturalized United States (U.S.) citizen in April 2000, she obtained a U.S. passport in June 2000 and used it on subsequent travel to Peoples Republic of China ("China"). Although she has relatives who are citizens of China, they are elderly and do not have ties to the government; there is no evidence they are in a position to be exploited by a foreign power in a way that could force Applicant to choose between loyalty to them and the U.S. She has mitigated the allegations of foreign preference and influence. Clearance is granted.


Alcohol

10/04/2004

Applicant, a 30-year-old electrical technician, committed an operating under the influence of liquor (OUIL) offense in 1998. While he has consumed alcohol to intoxication on eight occasions since the OUIL, most recently on December 31, 2003, he does not operate a motor vehicle after he has consumed more than three beers over a four or five-hour period. Nothing in the record indicates a diagnosis of alcohol abuse or alcohol dependence, and the drunk driving offense was an isolated incident not indicative of a pattern. Applicant has demonstrated he can drink responsibly. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct

10/04/2004

Applicant has mitigated foreign preference concerns. His Iranian passport facilitated his travel to Iran for family visits. Applicant has surrendered the passport and is willing to renounce his Iranian citizenship. Foreign influence concerns are mitigated with regard to one of his sisters and mother who have become citizens of the United States. The same is true of a brother in the United States who has applied for citizenship, as well as Applicant's father and half-brothers who are citizens and residents of Canada. However, the record does not mitigate foreign influence concerns with regard to his brothers and sister who are citizens and residents of Iran. In addition, his travel to Iran may make Applicant vulnerable to coercion, exploitation, or pressure and the record does not mitigate one omission from his security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

10/01/2004

The Applicant is a naturalized American citizen from the Philippines. He retains a Philippine passport which expired in March 2004. There is no evidence he has surrendered the passport. He has a house in the Philippines worth $40,000 as well as a bank account. The Applicant has substantial family ties in the Philippines which he has not mitigated. The Applicant also falsified his security clearance questionnaire with regards to four questions concerning his foreign connections, foreign passport, foreign travel and owning foreign property. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Personal Conduct; Criminal Conduct

09/30/2004

On his security clearance application dated August 26, 1998, Applicant denied using drugs since age 16 or during the last seven years. He later admitted to a security investigator that he used marijuana on a daily basis from 1987 to 1995 and used methamphetamine from 1990 to 1991. In a second interview he again stated that he last used marijuana in 1995. In a third interview, he admitted using marijuana frequently until 1995 and "only about four times yearly until 1998. In his answer to the SOR, Applicant eventually admitted that he used marijuana, with varying frequency including daily use, from 1983 to 1998, and he used methamphetamine with varying frequency including weekly use, from 1990 to 1993. No mitigating conditions were established. Clearance is denied.


Foreign Preference; Foreign Influence

09/30/2004

Applicant has dual U.S. and Saudi Arabian citizenship. Applicant has passports issued by both countries. Applicant does not want to renounce his Saudi Arabian citizenship nor surrender his Saudi Arabian passport, in accordance with the "Money Memo". Applicant lives in Saudi Arabia with his parents, his wife and child. Applicant's father is a Saudi Arabian citizen, and Applicant's mother is a U.S. citizen living in Saudi Arabia. Applicant has not mitigated the foreign preference and foreign influence security concerns. Applicant has not complied with the passport surrender requirements of the "Money Memo". Clearance is denied.


Alcohol

09/30/2004

Applicant's alcohol-related incidents and his drinking pattern in the period of 1979 to March 2004 constitutes excessive alcohol consumption that has not been mitigated, even though there has been no documented diagnosis of alcohol abuse. Clearance is denied.


Alcohol

09/30/2004

Applicant has had a long history of alcohol abuse. His alcohol abuse has resulted in three alcohol-related arrests for Driving Under the Influence (DUI), occurring in 1991, 1995, and 2000. Applicant received a number of alcohol abuse treatments, in which he was not ultimately successful because he continued consuming alcohol. His last treatment in 2000, including living in a sober living home for a year and continuing to attend two or three Alcoholics Anonymous (AA) meetings a week, has been successful, because Applicant is more committed to sobriety. He has abstained from alcohol consumption since April 2000. Evidence of Applicant's alcohol rehabilitation is sufficient to mitigate his alcohol related history. Clearance is granted.


Financial; Personal Conduct

09/30/2004

Applicant has ten delinquent debts. Two of these debts that were delinquent by 90 days or more were not disclosed on her security clearance application (SCA) signed on July 3, 2000. Applicant did not mitigate the financial considerations and personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

09/30/2004

Applicant was alleged to owe approximately $18, 323.00 in past due payments on nine debts. He admitted one debt and mitigated it by showing that payment was tendered and declined. He rebutted five debts and part of a sixth. He denied but could not rebut or mitigate past due debts totaling approximately $6,236.00 on a credit card account, a home improvement loan, and unpaid federal taxes. Clearance is denied.


Financial; Personal Conduct

09/30/2004

While Applicant's financial problems raised security concerns because of his delay in resolving debts to several creditors, he demonstrated his consistent, good-faith effort to resolve his federal and state tax debts as soon as he found stable employment in a new field. He resolved his tax debts in full and also resolved a debt to one creditor for office supplies. His debts stem from a business failure and not from an extravagant lifestyle. He has reduced his overall debt substantially and intends in the future to resolve the remaining debts even though under the state statute of limitations he has no legal obligation to do so as those creditors did not file timely claims. He has demonstrated he is now financial responsible and has a stable job. He rebutted personal conduct concerns and established he was not responsible for a creditor's difficulty in serving him with their complaint. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

09/30/2004

Applicant abused cocaine from approximately the age of 21 to June 2001. He also abused marijuana, with varying frequency, as a youth to June 2001. Applicant is now 32 years old. He falsified information on his security clearance application by denying any drug use. Applicant's inability to recognize the importance of truthfulness and honesty is paramount. He has failed to meet the ultimate burden of persuasion. Clearance is denied.


Financial

09/30/2004

Applicant has a history of delinquent debts he incurred between 1993 and 1996 before his divorce. The debts total over $63,000.00 and still remain unresolved after some recent efforts to contact his creditors. While Applicant is to be encouraged in identifying and contacting his creditors in the past year, his repayment efforts remain too uncertain facilitate any safe predictable judgments at this time about his debt resolution prospects. Applicant fails to mitigate security concerns associated with his delinquent debts. Clearance is denied.


Alcohol; Personal Conduct

09/30/2004

Applicant had two alcohol related driving incidents, one in 1985 and the other in 1999. He received a sentence of probation before judgment in both cases. Applicant falsified information on his security clearance application by denying any alcohol-related incidents, arrests or probation. Applicant failed to disclose this information in previous security applications and subsequent written interrogatories. Applicant's inability to recognize the importance of truthfulness and honesty is paramount. He has failed to meet the ultimate burden of persuasion. Clearance is denied.


Drugs; Personal Conduct

09/30/2004

Applicant is a 38-year-old environmental database engineer for a defense contractor. Applicant used marijuana sporadically until 2001 when he stopped. He submitted a drug test that showed negative for marijuana in November 2001 when he was hired by his employer. Applicant changed his lifestyle and matured, declaring he will not use marijuana again. Applicant mitigated the drug involvement and personal conduct security concerns. Clearance is granted.


Foreign Preference; Foreign Influence

09/30/2004

Applicant is a 60-year-old professor of aeronautical engineering who seeks a security clearance. Applicant has an expired Israeli passport, and holds dual U.S. and Israeli citizenship. Applicant has not surrendered his Israeli passport. Applicant has family members who are citizens of and resident in Israel, including his daughter who is a member of the Israeli military. Applicant did not mitigate the foreign preference or the foreign influence security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

09/29/2004

Although his family ties to Israel raise a security concern, Applicant has successfully mitigated the concern because the totality of the facts and circumstances show his family ties do not pose an unacceptable risk of foreign influence. Clearance is granted.


Foreign Influence; Personal Conduct

09/29/2004

Board cannot consider new evidence on appeal. Board will address only those appeal arguments made by Applicant that do not rely on new evidence. Applicant has not rebutted the presumption that the Administrative Judge considered all the record evidence. Board need not agree with the Judge's findings of fact to conclude they are supported by adequate record evidence. Applicant's alternate interpretation of the record evidence is not sufficient to demonstrate the Judge erred. The Judge's finding that Applicant falsified a security clearance application reflects a legally permissible interpretation of the record evidence as a whole. Adverse decision affirmed.


Foreign Influence; Personal Conduct

09/29/2004

Applicant fled the Communist takeover of Vietnam in 1975. After he arrived in the United States, he served honorably in the United States Navy. In 1982, he became a United States citizen. He is not close to his two sisters who remain in Vietnam. These sisters are not agents of Vietnam, and are not in a position to be exploited by Vietnam in a way that could force applicant to choose between loyalty to his sisters and loyalty to the United States. Clearance is granted.


Alcohol

09/29/2004

Applicant has failed to successfully mitigate the security concern raised by his four alcohol-related incidents (arrests for drinking and driving) during the seven-year period of September 1991 to August 1998, especially since he failed to appear in court to answer to the 1998 charge and it is still unresolved. Clearance is denied.


Drugs; Alcohol; Personal Conduct

09/29/2004

Applicant has mitigated both his alcohol abused and his illegal drug abuse, including an extensive use of cocaine. There is no evidence he has abuse either substance in over five years. Applicant successfully completed a substance abuse counseling program in 1999 and continues to attend AA meetings on a weekly basis and confers with his sponsor. He was baptized, attends church regularly, and has gained the support of a certified alcohol and drug addiction counselor whom he married. However, Applicant has failed to mitigate the omission of his drug abuse, drug-related arrests, and substance abuse counseling from his security clearance application. His admissions to a DSS investigator more than a year after submitting his SF 86 were not a prompt, good-faith effort within the meaning of Mitigating Condition 3. Clearance is denied.


Sexual Behavior; Criminal Conduct; Drugs; Personal Conduct

09/29/2004

Applicant mitigated, rebutted, or explained concerns raised under the sexual behavior, criminal conduct, and drug abuse personnel security guidelines, but failed to rebut, explain, or mitigate his failure to list an arrest on his security clearance application. Clearance is denied.


Alcohol; Criminal Conduct

09/29/2004

Applicant has a history of six alcohol-related arrests over a compressed period of time between 1998 and 2003 that resulted in convictions, jail time, fines and reduction in grade as to those incidents that were addressed by military authorities. Twice, Applicant was diagnosed alcohol dependent, and after relapsing in 2003 has only recently returned to sustained sobriety. His restorative efforts to date, while encouraging, are insufficient to enable safe predictive assessments about Applicant's ability to avoid recurrence in the foreseeable future. While Applicant fails to fully mitigate government security concerns about his alcohol abuse, he is able to mitigate security concerns associated with his criminal offenses. Clearance is denied.


Foreign Influence

09/28/2004

Applicant was born in Lebanon, but is now a naturalized United States citizen. His parents and twin brother are citizens of and reside in Lebanon. His parents also are U.S. permanent resident aliens, having lived here for most of 2001. Applicant's contact with his overseas relatives is limited to monthly telephone calls as he has not been back to Lebanon in over ten years. Applicant's twin brother is a Lebanese Army officer and his father is a retired chief of the Lebanese police department. Applicant's parents plan to stay in Lebanon despite their resident alien status. Applicant has failed to mitigate resulting security concerns under Guideline B (Foreign Influence). Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

09/28/2004

Applicant is a 56-year-old employee of a defense contractor who seeks renewal of his security clearance. He began to use marijuana in 1986 at age 37. He continued to use it intermittently over the next 15 years despite being arrested twice for possessing the drug. During this time, Applicant repeatedly made false official statements on security clearance application forms by denying his drug abuse. Applicant was arrested for drug possession for the third time in 2001, but completed a drug rehabilitation program to avoid criminal prosecution. Considering Applicant's long history of marijuana use, even after being arrested twice, and his repeated false statements on his security clearance applications, I conclude Applicant has not mitigated the security concerns arising from his drug abuse, his personal conduct, or his criminal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/28/2004

There is no presumption of error below and the appealing party has the obligation of demonstrating error below. Because Applicant does not challenge the Administrative Judge's findings of fact, the Board need not review them. The Judge's findings of fact about Applicant's history of financial difficulties and Applicant's falsification of a security clearance application provide a rational and legally sufficient basis for the Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Criminal Conduct; Personal Conduct; Alcohol

09/28/2004

Board cannot consider new evidence on appeal, and will only address those claims of error that do not rely on new evidence. A review of the record below shows Applicant decided to represent himself at the hearing. Having decided to represent himself, Applicant cannot fairly complain about the quality of his self-representation or seek to be relieved of the consequences of his decision to represent himself. There is a rebuttable presumption that agency officials carry out their duties in good faith and a person seeking to rebut that presumption has the burden of presenting clear evidence to the contrary. Applicant's speculation about the Administrative Judge and Department Counsel does not even begin to raise a colorable claim about their good faith. The Judge's findings about Applicant's falsification of a security clearance application provide a rational basis for Judge's unfavorable conclusions about his security eligibility. Adverse decision affirmed.


Drugs, Personal Conduct, Criminal Conduct

09/28/2004

Applicant's past drug use, personal conduct, and criminal conduct raise security concerns as he knowingly and willfully omitted adverse information from his security forms in 1996 and 1997 about his illegal drug use that continued from 1994 until at least October 2003 even though he understood marijuana use was against the government's security policies. He knowingly used illegal drugs after being granted a security clearance and has no stated intent to stop using marijuana. Clearance is denied.


Drugs; Personal Conduct

09/27/2004

Applicant is a 47-year-old employee of a defense contractor. Applicant wrongfully used marijuana intermittently between about 1973 and early 2002. He used the drug socially and privately during this period, partly to relieve tension and partly to reduce the discomfort of a stomach ulcer. He stopped using the drug at times-sometimes for extended periods-but resumed when the opportunity presented itself. When he submitted his security clearance application, Applicant admitted marijuana use but falsely reported that his last use was in 1999, rather than 2002, hoping to minimize the impact of the misconduct. Applicant has not mitigated the security concerns arising from his drug use or his false statement on his security clearance application. Clearance is denied.


Foreign Influence; Foreign Preference

09/27/2004

Board cannot consider new evidence on appeal. Applicant's submission of new evidence does not demonstrate error by the Administrative Judge or render the Judge's decision arbitrary, capricious, or contrary to law. Given the record evidence in this case, the Judge had a rational basis for concluding that Applicant's possession and use of an Iranian passport demonstrated a foreign preference within the meaning of Guideline C. Adverse decision affirmed.


Financial

09/27/2004

This 42-year-old engineer's September 2001 arrest for domestic violence and conviction on a lesser charge has been extenuated by the surrounding facts and circumstances. However, he owed more than $53,000 in delinquent debts as of the issuance of the SOR, and the amount has now increased to about $100,000. He has only recently spoken to an attorney about filing for bankruptcy protection, but as yet no substantive steps have been taken. No mitigation or extenuation of his financial problems have been established. Clearance is denied.


Criminal Conduct

09/27/2004

Applicant is 27 years old. He works for a defense contractor and at a national home improvement company's local store to support his wife and two children. Applicant had an arrest as a juvenile for putting toilet paper on a neighbor's property, non-judicial punishment in the Navy in 1999 for failing to tag properly a valve in a submarine, and a Special Court-Martial conviction for theft from the submarine of a bell. Applicant mitigated the Criminal Conduct security concerns. Clearance is granted.


Foreign Influence

09/24/2004

Applicant is unable to successfully mitigate the foreign influence security concern raised by his close and continuing family ties to China. Clearance is denied.


Financial; Alcohol

09/24/2004

Applicant seeks a trustworthiness and reliability determination. Applicant is 34 years old, divorced, and has two sons. He works as a manager in a government health care plan. Applicant filed Chapter 13 bankruptcy twice, dismissed the first petition, but made payments on the second plan for two years, when he filed a Chapter 7 bankruptcy. He was discharged under that bankruptcy. Applicant paid or is making payments on the three credit card debts alleged in the SOR, Applicant was arrested twice for DUI while undergoing his divorce. The latest DUI was in 1999, and Applicant was not diagnosed with any alcohol problem. The financial considerations and alcohol consumption trustworthiness concerns were mitigated. Trustworthiness and reliability are determined in favor of Applicant.


Foreign Influence; Foreign Preference

09/24/2004

Applicant, born in the People's Republic of China (PRC), became a United States citizen in 1999. His mother and father, citizens and residents of PRC, are in the process of moving to the United States. His wife is a citizen of PRC, residing in the United States, and is becoming a United States citizen. None of these family members belong to, participate in, or are active with any government agency of PRC. They are not in a position to be exploited by PRC in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Applicant's strong attachment to the United States and minimal ties to PRC makes it unlikely that he would respond favorably to any efforts to persuade him to act against United States interests. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

09/24/2004

Board cannot consider new evidence on appeal. Given the record evidence in this case, it was not arbitrary or capricious for the Administrative Judge to conclude Applicant had not extenuated or mitigated his history of financial difficulties. The Judge's findings about Applicant's history of financial difficulties and 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 Preference; Foreign Influence

09/24/2004

After security concerns arose over Applicant's foreign preference because of his dual citizenship and use of a foreign passport after he became a naturalized United States (US) citizen, he voluntarily chose to comply with the Department of Defense (DoD) policy requirements when he learned of them. He relinquished the foreign passport in January 2004. Although he has relatives who are citizens of a foreign country, they do not have ties to the government. He has had a security clearance granted in 1984 and again in 1990 without incident. He has mitigated the allegations of foreign preference and influence. Clearance is granted.


Alcohol; Personal Conduct

09/24/2004

Applicant has a 1994 driving while intoxicated conviction, entered a voluntary four-day treatment program in 2000 for alcohol dependence, and continues to consume alcohol while attending multiple weekly Alcoholics Anonymous meetings. Applicant make an addition about his alcohol treatment in 2000 to the security clearance application he submitted in 2001 after he initially completed it in 1998, only to find out his employer mislaid it and never submitted it to the Government for investigation. Applicant did not mitigate the alcohol and personal conduct concerns. Clearance is denied.


Financial

09/24/2004

Applicant has a history of delinquent debts he incurred in 2001 and 2002 while underemployed. The debts total over $20,000.00 and still remain significant after some efforts to repay them. While Applicant is to be encouraged in identifying and contacting his creditors in the past year, his repayment efforts remain too much a work in progress to make any safe predictable judgments at this time about his debt resolution prospects. Applicant fails to mitigate security concerns associated with his delinquent debts. Clearance is denied.


Financial

09/24/2004

Applicant was $14,437.00 in arrears for child support payments and indebted to a collection agency in the amount of $230.00 for medical expenses incurred by his older daughter. He paid the medical bills in full as soon as he was aware of them. His failure to pay child support was due in part to his resentment toward his ex-wife, whom he blamed for forcing him to relocate and abandon a good job. Applicant has been paying child support regularly for more than two years, has reduced the arrearage to $9,889.00, and intends to pay it in full. He has obtained credit counseling to put his finances in order. He is receiving psychiatric counseling to deal with his resentment toward his ex-wife. Applicant has mitigated his previous record of not meeting financial obligations. Clearance is granted.


Foreign Influence

09/24/2004

Applicant' wife and her family are citizens of and residents in the Republic of Korea (a/k/a South Korea). Applicant's wife is not qualified to immigrate to the United States. After consideration of the additional material submitted by Applicant, I conclude Applicant did not mitigate the foreign influence security concern. Clearance is denied.


Financial

09/24/2004

Applicant is unable to successfully mitigate the security concern raised by her history of financial problems. Clearance is denied.


Drugs; Personal Conduct

09/24/2004

Applicant has failed to mitigate his illegal drug use and three deliberate falsifications on his security clearance application in an effort not to reveal the drug abuse. His contention that he only used marijuana on two occasions in his life is not supported by the record. The same year Applicant submitted his SF 86 he had been fired by an employer after testing positive for marijuana on two drug screening tests. Seven years earlier, his security clearance was suspended as a result of him tampering with his urine sample for a drug screening test. Twelve years before that, Applicant received non-judicial punishment for possession of marijuana. Applicant also impeached himself by testimony that was inconsistent with his statement to a DSS investigator. Clearance is denied.


Criminal Conduct; Drugs; Alcohol; Financial

09/23/2004

Because the Administrative Judge did not base his unfavorable decision solely on the application of 10 U.S.C. 986, the Judge was not required to make a recommendation about a waiver under that statute. Applicant failed to rebut the presumption that the Judge is fair and impartial. Adverse decision affirmed.


Financial; Personal Conduct

09/23/2004

Because the Board must be fair and impartial in its handling of appeals, the Board cannot and will not develop the record evidence at the request of a party. Board cannot consider new evidence on appeal. Nothing in Executive Order 10865, the Directive, or generally applicable principles of federal administrative law gives Applicant a right to supplement the record evidence continuously. Under the Directive, there is no authority to grant a conditional or probationary security clearance. Adverse decision affirmed.


Foreign Influence

09/23/2004

Board cannot consider new evidence on appeal. There is no presumption of error below and the appealing party must raise claims of error with specificity. Applicant failed to rebut the presumption that the Administrative Judge considered all the record evidence. Applicant's opinion about the security significance of his foreign family ties is not binding on the Judge. Given the record evidence in this case, it was not arbitrary, capricious, or contrary to law for the Judge to conclude Applicant had not presented evidence sufficient to extenuate or mitigate the security concerns raised by his Russian family ties. Adverse decision affirmed.


Personal Conduct

09/22/2004

This 35-year-old engineer was terminated by three employers between June 2001 and December 9, 2002 for failing to conform to written company policies and work requirements. In addition, he lied about his educational achievements in a resume submitted to obtain one of the jobs and he also failed to report two of the terminations on his security clearance application. No mitigation has been established. Clearance is denied.


Personal Conduct; Criminal Conduct

09/22/2004

Applicant is a 44 year old employee of a defense contractor who, when he completed his SF 86, had delinquent debts from his private business of over $50,000.00. He did not report the debts on questions 38 and 39 concerning financial delinquencies of over 90 and 180 days. He acknowledged he deliberately withheld the information because he regarded it as a private matter not relevant to his holding a security clearance and he did not want to reflect adverse information on his application. Clearance is denied.


Foreign Influence

09/22/2004

The Applicant's foreign family ties have been mitigated. Clearance is granted.


Criminal Conduct; Personal Conduct

09/22/2004

Applicant pleaded guilty in 2001 to aggravated child abuse by aggravated battery (a felony) and associated misdemeanor fire arms offenses. The court imposed ten years probation on him, which remains in affect. While the incident is an isolated one it a serious one that continues to draw upon the supervising court's probation authority. Despite demonstrated rehabilitative progress, it is still too soon to make the necessary safe predictive judgments about the absence of any recurrence risks. Applicant is credited with successfully refuting allegations he falsified his security clearance application (SF-86). Clearance is denied.


Personal Conduct

09/22/2004

Applicant is a 50-year-old engineer employee of a defense contractor who has been an employee of the contractor for 22 years working on classified projects. He admitted all of the allegations concerning personal conduct for failing to list his bankruptcy, wage garnishment, and delinquent debts on his security clearance application (SF 86). Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/21/2004

Applicant has a history of delinquent debts that he and his wife accrued during a period they were essentially unemployed and didn't address until after the issuance of the SOR. By paying two of the three delinquent debts and working out a payment arrangement with the remaining creditor, he mitigates financial concerns associated with his delinquent debts. He also successfully refutes allegations of criminal conduct. However, he is unable to mitigate the omission of his debt delinquencies and criminal charges in his executed security clearance application (SF-86) under any of the pertinent mitigation guidelines. Applicant's knowing and wilful omissions raise continuing security concerns about his judgment and reliability. Clearance is denied.


Foreign Influence

09/21/2004

This 45-year-old engineer/scientist was born in Vietnam in 1958, came to the U.S. with his family hen he was 17, and became a U.S. citizen in 1985. His immediate family is all in the U.S. Only his wife's two sisters remain in Vietnam. He has held a DoD security clearance for almost two decades, with no apparent problems. He has returned to Vietnam only three times in 29 years, the last time in1998, each time so his wife could visit her sisters. He sees himself only as an American and he has no emotional or other ties with Vietnam. He credibly avers he would reject and promptly report any improper contacts. Mitigation has been established. Clearance is granted.


Foreign Influence; Foreign Preference

09/20/2004

Applicant emigrated from Iran to the U.S. in 1996 and became a U.S. citizen in 2003. Nevertheless, he retains his Iranian passport. His wife and parents are permanent U.S. residents, but Iranian citizens. Applicant's in-laws are citizen residents of Iran. Applicant's parents, wife, and children are currently in Iran. Applicant failed to mitigate the foreign preference and foreign influence security concerns. Eligibility for an ADP II/III position is denied.


Foreign Influence

09/20/2004

Applicant is a 49 year-old native born United States citizen, who served honorably for seven years in the United States Air Force. Applicant's wife, a citizen of Russia, has resided in the United States for seven years and is in the process of becoming a United States citizen. The evidence establishes that, because of Applicant's strong attachment to the United States and his virtually non existent relationship with his wife's family in Russia, Applicant is not vulnerable to foreign influence and not in a position to be exploited in a way that could force Applicant to choose between loyalty to them and loyalty to the United States. Mitigation has been shown. Clearance is granted.


Personal Conduct; Criminal Conduct; Financial

09/17/2004

This 35-year-old diver/welder has a long history of (1) personal misconduct, including 14 vehicle-related violations (1989 to December 2002) and falsification of three answers on his June 2001 security clearance application; (2) seven acts of criminal conduct from 1989 to 2000; and (3) 19 examples of financial misconduct from 1995 to the present. No mitigation has been established. Clearance is denied.


Alcohol

09/17/2004

Applicant is a 40-year-old engineer who works for a defense contractor. He has used alcohol since age 18 and has had four arrests and charges of Driving Under the Influence (DUI) in 1990, 1992, 1996, and 200l. Each was in a different state. He has been diagnosed by a psychologist who specializes in alcohol addiction as not an alcoholic and not dependent on alcohol. In October 2003 he was placed on medication for high blood pressure that strongly discourages use of alcohol and Applicant is following that instruction. Because of the age of the arrests and his change of conduct both because of his own desires and medical requirements, the security concern is mitigated. Clearance is granted.


Sexual Behavior; Personal Conduct; Information Technology

09/17/2004

Applicant accessed numerous pornographic web sites on a computer owned by his government contractor employer during a five-day period in January 2001. He also failed to fill out his time card on a daily basis as required by government regulations during that same time period. He has mitigated the security concerns caused by his conduct. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

09/17/2004

Given the record evidence in this case, the Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. The Judge's findings about Applicant's history of alcohol abuse, Applicant's criminal record, and Applicant's falsification of a security clearance application provide a rational and legally sufficient basis for his unfavorable security clearance decision. Adverse decision affirmed.


Foreign Preference; Foreign Influence

09/17/2004

Applicant is a 40-year-old employee of a major defense contractor who has been in the United States since 1986. She is married to a U.S. born citizen who holds a security clearance. They have two daughters who were born in the U.S. Her parents and three siblings still live in China. None work for the government. Applicant traveled twice to China in the past seven years. She has taken necessary steps to eliminate all personal and professional contacts with China. She has rebutted the prima facie case presented by the government. Clearance is granted.


Financial; Personal Conduct

09/17/2004

Applicant is a 49-year-old employee of a security firm working for a defense agency who took Chapter 7 bankruptcy in 2000 and still owed over $50,000.00 to Federal and state agencies in 2003. He failed to report an automobile repossession on his application for a security clearance (SF 86) and offered no plausible explanation for the omission. Clearance is denied.


Criminal Conduct

09/17/2004

The Applicant has three felony convictions which occurred in 1977 and 1978, when he was still a teenager. The provisions of 10 U.S.C. 986 apply, however, as to these convictions resulted in sentences of six and ten years of incarceration. Furthermore, I can not ignore his continued, post incarceration, illegal conduct, which ended with his addiction to crack cocaine in 1994. This is not meritorious conduct that merits waiver consideration; and as such, I do not recommend further consideration of this case for waiver of 10 U.S.C. 986. Mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

09/16/2004

Applicant's financial indebtedness remains current and she has not made a good faith effort to resolve her debts. There is insufficient evidence of reform and rehabilitation. Her intentional falsifications on her security clearance application have also not been mitigated. Clearance is denied.


Foreign Influence

09/16/2004

The Applicant's foreign family ties are close and continuing and have not been mitigated. Clearance is denied.


Drugs

09/16/2004

The Applicant's use of marijuana has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

09/16/2004

Thirty-six-year-old Applicant has a lifestyle of extravagant spending, periodically interrupted by financial difficulties resulting in obligations being charged off, turned over to collection, and two bankruptcies. Despite having his debts discharged in 2001, and an increased combined monthly income, his financial situation continues to deteriorate and he again has accounts that are over the credit limit or past due, and his mortgage payments have been delinquent periodically. He is not currently making any payments towards his student loan, and owes $11,000.00 to the Internal Revenue Service (IRS) for unpaid income taxes. Grave questions and doubts remain as to his security eligibility and suitability. Clearance is denied.


Personal Conduct

09/16/2004

Department Counsel's establishment of a prima facie case against Applicant did not preclude the possibility that Applicant could present credible evidence that rebutted or overcame the evidence against him. Given the totality of the record evidence in this case, including third-party testimony that corroborated Applicant's testimony, the Administrative Judge's finding that Applicant did not misappropriate company computers in December 2001 is sustainable. Given the totality of the record evidence, the Judge's conclusions about Applicant's judgment reflect a reasonable interpretation of the record evidence and are not arbitrary, capricious, or contrary to law. Favorable decision affirmed.


Financial; Personal Conduct; Criminal Conduct

09/16/2004

Applicant was seriously financially overextended because of the failure of a restaurant business he and his spouse owned and operated before her death. While he still owes about $11,000 in federal income taxes and is indebted to several other creditors in the aggregate about $18,215, Applicant had owed about $72,851 in delinquent debt. His payments and efforts to apprise his creditors of his financial status reflect sufficient good faith on his part to resolve his debts to mitigate the Financial Considerations concerns. Personal Conduct concerns are not raised by Applicant's failure to report a June 2001 tax lien and February 2001 judgment on his February 2002 SF 86 when he was unaware of the lien and the judgment had been satisfied. Although Applicant did not file his federal income tax return for 2001 until February 2003, his failure to do so was not criminal where he had applied for extensions to file and was working with an accountant on its preparation. Clearance is granted.


Financial; Personal Conduct

09/16/2004

Applicant is unable to successfully mitigate the security concern raised by his history of financial problems. Clearance is denied.


Foreign Influence; Foreign Preference; Drugs

09/16/2004

Applicant has mitigated foreign preference concerns. He was drafted to serve in the Argentine Coast Guard and his service occurred before he became a U.S. citizen. Moreover, Applicant has renounced his Argentine citizenship. Foreign influence concerns are also mitigated. Although Applicants' parents, brother, and friends are citizens and residents of Argentina, they are not agents of a foreign power or in a position to be exploited by a foreign power. Applicant's limited marijuana use is also mitigated. It ended five years ago and he has demonstrated an intent not to use abuse any drugs in the future. Clearance is granted.


Foreign Influence

09/15/2004

Applicant failed to rebut or overcome the presumption that the Administrative Judge considered all the record evidence. Given the record evidence in this case, the Judge articulated a rational basis for why he concluded that Applicant had not extenuated or mitigated the security concerns raised by her ties to, and contacts with, her father and four brothers who are citizens and residents of the People's Republic of China. The Judge's decision reflects an analysis consistent with the whole person concept. Board does not review isolated sentences of a Judge's decision, but rather considers the decision in its entirety to ascertain what findings of fact the Judge made and what conclusions the Judge reached. Decisions by Hearing Office Judges are not legally binding precedent on their colleagues in other cases. There is no merit to Applicant's claim that the Judge made a biased decision. Adverse decision affirmed.


Financial; Personal Conduct

09/14/2004

Applicant is a 43-year-old employee of a defense contractor working as a ship fitter who admitted all of the specific allegations in the SOR relating to four delinquent debts of almost $15,000 and denied that he was aware of the debts at the time of the filing of his application for a security clearance (SF 86). All four debts had been the subject of either judicial or collection actions by the creditors. An IRS debt for back taxes of $25,000 was recently resolved. Clearance is denied.


Financial

09/14/2004

Applicant is a 41-year-old employee of a defense contractor working as a contract librarian who petitioned for Chapter 7 bankruptcy in 1995 because of extensive debts. The bankruptcy was discharged later the same year. Since the bankruptcy, Applicant has incurred over $18,000.00 in delinquent debts ranging in amount from $73 to over $4,000. In 2003, Applicant again petitioned for Chapter 7 bankruptcy and it was discharged in June, 2004. She helps to support several family members who are employed and could, but do not, contribute to the household expenses. Clearance is denied.


Personal Conduct; Criminal Conduct

09/14/2004

Applicant's falsification of his security clearance application in response to a question concerning his criminal history and his criminal charge and conviction in 2001 have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

09/14/2004

Applicant's history of financial indebtedness has been mitigated by a good faith effort to repay his creditors or otherwise resolve his financial indebtedness. Clearance is granted.


Financial; Personal Conduct

09/13/2004

Applicant admitted delinquent debts of approximately $15,286.00 on 20 accounts with 10 separate creditors, including approximately $7,000.00 for child support. Twelve medical bills, all but one for less than $200.00, as well as debts for utilities, cable television, a revolving charge account, and payments to a collection agency, have been delinquent for several years, some for more than six years. Applicant has been fired from three jobs, two for absenteeism and one for drug use. He took no action to satisfy the debts until his background investigation began. He is undergoing credit counseling but has produced no evidence of his progress. He failed to disclose arrests for and convictions of domestic abuse and domestic battery on his security questionnaire, and he offered no evidence to mitigate his failure to disclose them. Clearance is denied.


Foreign Influence

09/13/2004

Applicant is a 49-year-old employee of a defense contractor working in a defense agency. She was born in China and came to the U.S. in 1987 and became a citizen in 1999. Applicant's parents and five siblings are citizens of and live in China. Since 1987 she has had only one telephone contact with her siblings until 2002 and since then approximately four times a year with a sister-in-law who is ill with leukemia. She has only a few contacts each year with her parents. She is alienated from the government of China and has no desire to return. Clearance is granted.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

09/13/2004

The Applicant's illegal drug use including marijuana, LSD, nitrous oxide and mushrooms have been mitigated. Her alcohol abuse and intentional falsifications on her security application have not been mitigated. Clearance is denied.


Foreign Influence

09/10/2004

Applicant is a 28-year-old engineer working for a defense contractor. Applicant's father is a citizen of Viet Nam but lives in the United States. His two aunts and an uncle live in Viet Nam. Applicant has been in the U.S. since 1986 and became a citizen in 1993. He traveled to Viet Nam once in 1995 and began traveling once a year in 1999 while courting his fiancé who is now his wife as of March 2003. His wife's father is a farmer and her mother is a housewife still living in Viet Nam. They have no connections with the government of Viet Nam. Clearance is granted.


Personnel Conduct

09/10/2004

This 56-year-old analyst sexually touched a 12/13 year old girl in 1995, for which he was convicted of a lesser included charge, and a nine-year-old girl in 1994. He lied about the second touching on his security clearance application in 2000 and to a Defense Security Service agent in 2002. Mitigation has not been adequately established. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

09/10/2004

The Applicant did not intentionally falsify his security clearance application. However, his history of alcohol abuse involving two arrests for Driving Under the Influence of Alcohol, an unsuccessful treatment program, and a diagnosis of alcohol dependence have not been mitigated. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

09/10/2004

Applicant was convicted numerous times and also received punishment under Article 15, UCMJ. His most recent arrest occurred in 2001. When he completed a Security Clearance Application, he failed list all of his arrests, including a felony arrest, and failed to indicate his clearance had been revoked. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his alcohol use, criminal conduct and personal conduct. Clearance is denied.


Personal Conduct; Criminal Conduct

09/09/2004

Administrative Judge did not err by admitting into evidence a police report that falls within a well-established exception to the hearsay rule. Given the record evidence in this case, the Judge's findings of falsification are sustainable. Applicant has failed to rebut the presumption that the Judge considered all the record evidence. Applicant has failed to show the Judge weighed the record evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Alcohol

09/09/2004

Applicant is a 28-year-old employee of a defense contractor. He has a history of excessive consumption of alcoholic beverages. After a series of alcohol-related incidents he entered a substance abuse rehabilitation program, and was diagnosed as alcohol dependent. Applicant successfully completed the program, but thereafter continued to consume alcohol. Recently, he decided to abstain from alcohol. He was later diagnosed as being alcohol dependent, in remission. Considering the seriousness of his problem with alcohol, the recency of his decision to abstain from alcohol in the future, and his election not to continue attending a support group, Applicant has not mitigated the security concerns arising from his history of excessive consumption of alcohol. Clearance is denied.


Financial

09/09/2004

Applicant owes five debts totaling approximately $49,000. The available information is insufficient to mitigate or extenuate the financial considerations caused by her failure to pay her financial obligations. Clearance is denied.


Financial; Personal Conduct

09/09/2004

The Applicant owed 25 debts totaling approximately $16,576. She has paid some of the debts and other were included in her most recent bankruptcy. However, she still owes approximately $9,500 on 16 debts. The available information is insufficient to mitigate or extenuate the negative security implications stemming from the Applicant's financial concerns. Clearance is denied.


Personal Conduct; Financial

09/08/2004

Applicants financial indebtedness has been mitigated by sufficient evidence of reform and rehabilitation. Her intentional falsifications on her security clearance application have not been mitigated. Clearance is denied.


Drugs; Criminal Conduct; Financial; Personal Conduct

09/08/2004

The Administrative Judge's formal findings in favor of Applicant are not at issue on appeal from the Judge's unfavorable decision. Judge did not err by considering Applicant's denials in light of the record evidence as a whole and the Judge's assessment of Applicant's credibility. Given the record evidence in this case, the Judge's finding of falsification is sustainable. Adverse decision affirmed.


Financial

09/08/2004

Board cannot consider new evidence on appeal. A review of the record shows Applicant had a reasonable opportunity to present evidence for the Administrative Judge to consider in his case. Nothing in Executive Order 10865, the Directive, or general principles of federal administrative law give the parties to these proceedings a right to supplement the record evidence continuously. Adverse decision affirmed.


Personal Conduct; Drugs

09/08/2004

The Applicant's marijuana use from 1996 until 2001 has been mitigated. His deliberate falsification of his security clearance application concerning his marijuana use has not been mitigated. Clearance is denied.


Criminal Conduct; Alcohol; Financial; Personal Conduct

09/08/2004

Applicant is a 29-year-old employee of a defense contractor. He has a history of excessive alcohol consumption since 1993. He also has a history of being unable or unwilling to pay his debts and thereafter failing to take reasonable actions to satisfy his creditors. Applicant was not truthful with his employer's representative about efforts to repay a delinquent debt. He also falsified material information on his security clearance application concerning his history of treatment for alcohol abuse and his prior arrests. Applicant has not mitigated the security concerns arising from his excessive use of alcohol, his financial difficulties, his lack of candor, or his falsification of material matters on his security clearance application. Clearance is denied.


Financial

09/8/2004

This 46-year-old employee of a defense contractor had four delinquent debt totaling about $28,000 that were incurred during the unhappy breakup of an earlier marriage. All of the delinquent debts are now being paid under a Chapter 13 repayment plan and he is current with his other debts. Mitigation has been adequately established. Clearance is granted.


Drugs; Personal Conduct

09/08/2004

Applicant with history of marijuana use and purchases (some while holding a security clearance) that he repeatedly omitted in security clearance applications and signed, sworn statements given to DSS interviewers fails to mitigate security concerns associated with his knowing and wilful omissions. Clearance is denied.


Criminal Conduct

09/07/2004

Board does not have authority to adjudicate a claim that the Deputy Secretary of Defense's memorandum implementing 10 U.S.C. 986 exceeds the mandate of that statute. Board does not have authority to adjudicate a claim that the DOHA Operating Instruction concerning cases involving 10 U.S.C. 986 exceeds the mandate of that statute. The doctrines of res judicata and collateral estoppel do not preclude the application of a new statute to an applicant's security eligibility. A favorable security clearance decision in 1990 or 1991 does not preclude application of 10 U.S.C. 986 to Applicant's current security clearance adjudication. Applicant has failed to show his case falls under Sections 4-100 and 4-102 of DoD Regulation 5200.2-R. Board does not recommend Applicant's case be considered further for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Financial

09/07/2004

Applicant has had a long history of financial difficulties. He has taken little action until recently to contact the creditors and pay off his debts. Based on his tenuous financial situation and his history of financial irresponsibility, Applicant has failed to demonstrate a stable and mature outlook about his finances. Mitigation has not been shown. Clearance is denied.


Financial

09/07/2004

Absent unusual circumstances, a flaw or failing in the synopsis of an Administrative Judge's decision is not likely to be harmful error. The flaws in the synopsis of the decision in this case identified by Applicant do not constitute harmful error under the particular facts and circumstances of this case. Given the record evidence in this case, it was not arbitrary or capricious for the Judge to conclude Applicant had not extenuated or mitigated the security concerns raised by Applicant's history of financial difficulties. Adverse decision affirmed.


Criminal Conduct

09/03/2004

Even without a motion to amend the SOR made by Department Counsel or Applicant, the Administrative Judge could have amended the SOR to conform to the evidence. It was legally permissible for the Judge to consider record evidence of conduct not alleged in the SOR to evaluate Applicant's claim of reform and rehabilitation. Although a Judge is not required to discuss each and every piece of record evidence in making a decision, the Judge cannot simply ignore, disregard, or fail to discuss significant record evidence that a reasonable person could expect to be taken into account in reaching a fair and reasoned decision. Board is unable to discern whether the Judge complied or failed to comply with the DOHA Operating Instruction concerning handling of cases under 10 U.S.C. 986. Adverse decision remanded with instructions.


Financial; Personal Conduct

09/03/2004

Applicant incurred 20 delinquent debts over several years. He did not repay or otherwise resolve these debts. He failed to disclose his delinquent debts on his security clearance application, and told the government investigator he allowed his debts to become delinquent and did not tell his creditors of his new address each time he moved. He filed for Chapter 13 bankruptcy protection on the hearing day. Applicant did not mitigate the financial considerations security concern or the personal conduct security concern. Clearance is denied.


Alcohol

09/02/2004

Applicant held a security clearance for over 27 years as an Air Force officer. During that time, he had several off-duty alcohol-related incidents. He was diagnosed as alcohol dependent and received both in-patient and out-patient treatment for the condition, before and after his retirement. Nevertheless, he went on a three-day drinking bender in February 2004. Clearance is denied.


Personal Conduct; Criminal Conduct

09/02/2004

Applicant provided false answers on his SF 86 concerning his employment record and illegal drug usage. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the falsifications. Clearance is denied.


Drugs; Personal Conduct

09/02/2004

Despite using marijuana from 1978-80, an arrest for selling marijuana in 1980, and his resumption of using marijuana from 1981-85, Applicant was granted a security clearance in 1985, after promising not to use drugs in the future. He used marijuana from 1988-92 and 1994-96, and cocaine and LSD in 1993 or 1994. He deliberately omitted reference to his LSD and cocaine use in a 1997 security clearance application and in an interview with an agent investigating his suitability for a clearance. Clearance is denied.


Financial

09/02/2004

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 loss of employment and then a significant period of time of retraining and underemployment, through no fault of his own. Applicant has successfully resolved much of his past overdue indebtedness, and he is making an effort to resolve the rest. Appellant is now living in a stable, financial manner and he has a mature outlook about his finances. Mitigation has been established. Clearance is granted.


Financial; Personal Conduct

09/01/2004

Applicant has a history of financially delinquent accounts that have been reduced to civil judgment or charged off. While three judgment debts have been repaid through garnishment of his wages, he still owes about $14,500 in old debt. He is currently meeting his day-to-day expenses, has incurred no new credit card debt, but has inadequate finances available to repay these old delinquencies. His failure to report all his debts on his security clearance application was not deliberate so it does not raise Personal Conduct concerns, but his financial situation remains tenuous. Financial Considerations persist. Clearance is denied.


Foreign Influence

09/01/2004

Applicant is a 41-year-old employee of a defense contractor. He was born in the Former Yugoslavian Republic of Macedonia (FYROM). Applicant and his family immigrated to the United States when he was seven years old and all became naturalized citizens of the United States. His twin daughters are United States citizens. Applicant's wife is a citizen of FYROM who has been granted permanent residency in the United States. His wife's parents are citizen and residents of FYROM. Applicant is presently working for a defense contractor in Kosovo. His wife and two daughters live close to her parents in FYROM to be near him, and he visits them four or five times each week. Applicant's extensive ties to the United States mitigate the security concerns arising from his family ties to FYROM. Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

09/01/2004

Matters alleged in the SOR that were found in Applicant's favor by the Administrative Judge are moot and need not be discussed or addressed by the Board to resolve Applicant's appeal. The Judge properly concluded Applicant's 1984 burglary conviction, which resulted in Applicant serving two years in prison, fell under 10 U.S.C. 986 and precluded a favorable security clearance decision. Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Personal Conduct; Criminal Conduct

09/01/2004

Applicant failed to mitigate a non-judicial punishment for wrongful possession of a government computer that occurred 13 years ago and a deliberate falsification on an employment application 11 years ago by repeating that falsification on his pending application for a trustworthiness determination. His deliberate falsification of having earned a bachelor of science degree when he never attended college is conduct that demonstrates that he is not suitable for a trustworthiness determination. Clearance is denied.


Foreign Preference; Foreign Influence

09/01/2004

Applicant's active use of his foreign passport to travel to Iran after he became a U.S. citizen raise security concerns over foreign preference. He initially declared that he would not relinquish his foreign citizenship or his foreign passport in order to comply with Department of Defense (DoD) policy. Later he stated he had an intent to do so, but provided no evidence that he had relinquished his foreign passport as required. He mitigated the allegations of foreign influence. Although his family members are dual citizens, there is no evidence that they have ties to the government, or could be exploited by a foreign power in a way that would force him to choose between his ties to them and to the United States (U.S.). Clearance is denied.


Foreign Influence

08/31/2004

Applicant who immigrated from the PRC in 1980 and has immediate family members who are citizens and residents of the PRC, fails to mitigate security risks associated with the Government's foreign influence concerns over immediate family members in a country with a very limited history of respect for human rights and the rule of law. Clearance is denied.


Foreign Influence

08/31/2004

Applicant is a 69 year-old United States born citizen. Applicant's wife has family members, who are citizens of and reside in Japan, but he has extremely limited contact with them, and none of them has ever had any connection with the government of Japan. Applicant has significant financial interests in Japan. However, Applicant's strong attachment to the United States, including his family and employment history, and his financial holdings in the United States, far outweigh his Japanese interests. The evidence establishes that Applicant is not vulnerable to foreign influence. By mitigating these foreign influence security concerns, Applicant has demonstrated it is clearly consistent with the national interest to grant or continue his security clearance. Clearance is granted.


Drugs; Personal Conduct

08/31/2004

Given the record evidence in this case, the Administrative Judge erred by applying Personal Conduct Mitigating Condition 1. Merely because Department Counsel did not raise certain kinds of legal challenges to the Judge's decision, it does not follow that Department Counsel could not raise other, different kinds of challenges to the decision. The record evidence as a whole does not support the Judge's conclusion that Applicant has shown he is a trustworthy and reliable person despite his falsification of a security clearance application. The Judge's decision fails to articulate a satisfactory explanation for his favorable conclusions that is rationally supported by the record evidence as a whole. Favorable decision reversed.


Foreign Preference; Foreign Influence

08/31/2004

While Applicant's active use of his foreign passport to travel to Iran after he became a U.S. citizen raised security concerns over foreign preference, he declared that he would relinquish his foreign citizenship and not renew his foreign passport in order to comply with Department of Defense (DoD) policy. Also, he mitigated the allegations of foreign influence. Although his family members are dual citizens of the U.S. or Iran or citizens of Sweden and Iran, there is no evidence that they have ties to the government of Iran, or could be exploited by a foreign power in a way that would force him to choose between his ties to his family and to the United States (U.S.). Clearance is granted.


Financial

08/31/2004

Applicant owes two debts totaling approximately $23,000. The largest of which resulted from a vehicle repossession, which occurred when she separated from her husband. Her husband took the vehicle, but refused to make the payments, which resulted in its repossession. Although unemployed for almost a year, ending in May 2002, Applicant has rebuilt her finances to the point she is experiencing no financial problems and has no difficulty meeting her monthly obligations. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from these debts. Clearance is granted.


Alcohol; Criminal Conduct

08/31/2004

Applicant has abused alcohol for nearly 30 years. He has been convicted of driving under the influence three times since 1997, and lost a security clearance in 2002 because of his alcohol-related conduct. He continues to drink despite being diagnosed as an alcohol abuser and being told to abstain from drinking. He has failed to provide any information to mitigate the resulting security concerns about his alcohol consumption and related criminal conduct. Clearance is denied.


Personal Conduct; Sexual Behavior; Criminal Conduct

08/31/2004

Applicant is a 39-year-old employee of a defense contractor who was formerly a school teacher. He was accused of and admitted to sexual misconduct with a student in 2001 and was relieved of his teaching duties. He failed to report this and other matters on his security clearance application (SF 86). He used marijuana while employed as a teacher between 1997 and 1999 and had an extramarital relationship with a co-worker in 1994. Clearance is denied.


Foreign Influence

08/31/2004

A party must take timely, reasonable steps to raise objections or other procedural matters to preserve them for appeal. There may be some circumstances when an appealing party may not be able to raise a timely objection during the proceedings below and can, as a practical matter, only raise a claim of error for the first time on appeal. Given the particular facts and circumstances of this case, prior to receipt of the Administrative Judge's decision, Applicant could not reasonably have been expected to know that his response to the File of Relevant Material had not been forwarded to the Judge. Applicant was denied the right to have his response to the File of Relevant Material considered by the Judge. Adverse decision remanded with instructions.


Alcohol; Criminal Conduct; Personal Conduct

08/31/2004

Applicant was convicted of several alcohol related offenses between 1980 and 1984, Driving Under the Influence and Public Intoxication in 1991, and Driving Under the Influence and Child Endangerment in July 2002. He has failed to mitigate the security concerns that arise from his alcohol consumption and criminal conduct. Clearance is denied.


Financial; Personal Conduct

08/31/2004

Applicant owes six debts totaling approximately $15,000. When he completed his SF 86 he failed to list his delinquencies. The record evidence fails to establish he falsified his SF 86, but unresolved indebtedness of such magnitude has very negative security implications. Clearance is denied.


Financial; Personal Conduct

08/31/2004

Applicant's embarrassment over what his co-workers would think if they knew of his arrest and his financial situation may explain his behavior, but it does not mitigate four falsifications on his security clearance application. He has also failed to mitigate a bad debt of approximately $4,000.00. Moreover, he has failed to demonstrate his financial situation has improved from a negative monthly remainder of approximately $243.00, after expenses, that he acknowledged to a DSS special agent. Clearance is denied.


Foreign Influence

08/31/2004

Applicant who is a naturalized US citizen from Germany who retains a German bank account and a vested German retirement expectancy and previously served as an assistant defense attache for a German Embassy, mitigates security concerns by showing little likelihood of German pressure or influence without reporting the contacts to US authorities and overall lack of risk of pressure or influence on his immediate family members residing in Germany, a NATO country. Clearance is granted.


Financial

08/30/2004

Applicant has a history of delinquent debts he jointly and severally accrued prior to his divorce from his ex-wife in 1998. Altogether, the debts he accumulated exceed $24,000.00 (inclusive of accumulated interest), which have not been repaid to date, save for one of his smaller creditors. While Applicant is to be commended for recent identifying and contacting his creditors, his repayment efforts remain too much a work in progress to make any safe predictable judgments at this time about his debt resolution prospects. Applicant fails to extenuate or mitigate security concerns associated with his delinquent debts. Clearance is denied.


Foreign Influence

08/30/2004

Applicant has mitigated the allegations of foreign influence. Although he has relatives who are citizens of Republic of China (Taiwan) and reside there, I conclude there is no evidence that he could be exploited by a foreign power in a way that would force him to choose between his ties to them and to the United States (U.S.). While he visits Taiwan and provides some economic support to his elderly mother, those contacts are minimal considering his long history of ties to the U.S. where he has been a naturalized citizen since 1986. While his brothers have ties to the government, they work in public utilities, not defense-related agencies. Given his long-term access to classified information since 1995 and his long history of reliable conduct, Applicant has established his trustworthiness and reliability. Clearance is granted.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

08/30/2004

Applicant has mitigated alcohol abuse that occurred many years ago and there is no indication of a recent problem. However, he has failed to mitigate his use of marijuana over a 22 year period, including after submitting his security clearance application (SF 86). Moreover, Applicant has failed to mitigate his falsifications concerning his drug use not only on his SF 86 but to DSS investigators on two occasions. Clearance is denied.


Financial; Personal Conduct

08/30/2004

Applicant owed four creditors $4,386.00 and provided false information regarding past financial delinquencies on his security clearance application. Applicant provided evidence he subsequently paid or resolved three of his debts totaling $2,191.00, but provided no evidence of paying or resolving the remaining debt of $2,195.00. His failure to satisfy his past debts and lack of truthfulness in providing required information on his security clearance application raises questions and doubts about his security eligibility and suitability. Clearance is denied.


Financial

08/30/2004

This 63-year-old employee of a defense contractor had Federal and State income tax problems covering the late 1990s and early 2000s. The problems are being resolved by payments being made under a Chapter 13 bankruptcy repayment plan. A majority of the debt load has already been repaid. Mitigation has been adequately established. Clearance is granted.


Foreign Influence

08/30/2004

The Applicant is a native born American citizen. Her foreign connections are not such as to cause her to be vulnerable to exploitation or pressure. She travels with her husband for pleasure to Taiwan and the People's Republic of China, in order for her husband to compete in athletic competitions. She has neither relatives or friends in either country. Under these circumstances, her travel does not have security significance. Adverse inference is overcome. Clearance is granted.


Foreign Preference; Foreign Influence

08/30/2004

Security concerns remain over Applicant's foreign preference activated by his dual citizenship and his decision to retain a foreign passport: he stated that he would not relinquish the foreign passport even though current Department of Defense (DoD) policy requires it. However, he has mitigated the allegations of foreign influence. Although his father and sister are citizens of Sweden, there is no evidence that they have ties to the government, or could be exploited by a foreign power in a way that would force him to choose between his ties to them and to the United States (U.S.). Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

08/30/2004

Between 1982 and 1996, Applicant used marijuana five to ten times. In 1988, Applicant--then age 18--was adjudicated guilty of possession of drug paraphernalia. In 1999, he received an Article 15 following a positive urinalysis for marijuana. In 1996, he completed an SF 86 and said he had only used marijuana once. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his drug usage and false statement. Clearance is granted.


Financial

08/30/2004

Applicant is unable to successfully mitigate the security concern raised by her history of financial problems. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

08/30/2004

Applicant owes numerous debts. He asserts he has contacted the IRS to attempt a settlement concerning his tax obligation. He has provided no documentation supporting payment of his debts or that an arrangement with the IRS was achieved. He received an Article 15 in 1983, was arrested in 1995, and received a traffic citation in 1997. When he completed his SF 86, he failed to list his 1995 arrest or his 1997 traffic citation. The record evidence is sufficient to mitigate or extenuate the criminal conduct. However, the record evidence is insufficient to mitigate or extenuate the negative security implications regarding his finances and his false answers. Clearance is denied.


Financial; Personal Conduct

08/27/2004

Applicant is a 44-year-old employee of a defense contractor who seeks a security clearance. In 1995, he was arrested and charged with attempting to purchase cocaine from an undercover police officer. He deliberately omitted that information from his security clearance application. He also had some financial difficulties, including substantial debts delinquent for more than 90 days, and a subsequent bankruptcy. Applicant falsely omitted some delinquent debts on his security clearance application. Applicant failed to mitigate the security concerns arising from his financial difficulties and his personal conduct. Clearance is denied.


Foreign Influence

08/26/2004

Applicant has successfully mitigated the security concern of foreign influence raised by his family ties to Iran. Clearance is granted.


Personal Conduct; Criminal Conduct

08/26/2004

Applicant gave false information on his security clearance application, answering "No" to a question whether he had used drugs during the past seven years. He admitted deliberately answering the question falsely because he was suffering from attention deficit disorder, anxiety, panic attacks, and fear that he would be prosecuted for any admission of drug use. Clearance is denied.


Foreign Influence

08/26/2004

Applicant is a naturalized US citizen who immigrated to the US from Vietnam in 1975 after the fall of the Saigon government. She and her husband (who she met while fleeing from the North Vietnamese in 1975) are devoted US citizens and have three children who are US citizens by birth. Applicant continues to maintain contact with her sister and mother-in-law who are citizens of Vietnam who reside in that country and provide small financial support to each of them. None of Applicant's immediate and extended family members are agents of the Vietnamese government or in a position to be exploited or pressured. Applicant mitigates any potential risk to undue foreign influence concerns. Clearance is granted.


Personal Conduct; Criminal Conduct

08/26/2004

Applicant gave false information on his security clearance application, answering "No" to two questions: whether he had used drugs during the past seven years, and whether he had used drugs while holding a security clearance. He admitted deliberately answering the questions falsely, fearing that his application for a security clearance would be denied if he disclosed his prior drug use. Clearance is denied.


Personal Conduct; Alcohol; Drugs; Criminal Conduct

08/26/2004

Between 1995 and 1998, Applicant was arrested six times for drug- and alcohol-related offenses. His adverse alcohol-related conduct and his involvement with illegal drugs are mitigated by the passage of time; however, Applicant deliberately omitted his use of marijuana between 1995 and 1997, as well as all but one of his arrests from a recent security clearance application (SF-86), because he was concerned about the adverse consequences such information might have on his ability to get a clearance. Clearance is denied.


Personal Conduct; Financial

08/26/2004

Applicant's credit history disclosed numerous delinquent accounts. Most of the alleged delinquent accounts have been resolved. Of the two remaining delinquent accounts, one is being properly handled by Applicant. He has the financial means to satisfy the remaining account but has not done so only because he misunderstands the status of that account. Although Applicant failed to disclose the delinquent accounts in a security clearance application he submitted, he did not intend to deliberately falsify the application. Applicant has mitigated the financial considerations and personal conduct security concerns that were present in this case. Clearance is granted.


Foreign Influence

08/26/2004

A past favorable security clearance decision does not preclude the federal government from taking into account later events that have a bearing on an applicant's security eligibility. The Administrative Judge did not base her decision on Applicant's place of birth. Rather, the Judge based her decision on consideration of the facts and circumstances of Applicant's ties with his sisters and in-laws who are citizens and residents of Syria and one sister who is a citizen and resident of Lebanon. Regardless of whether an applicant is a U.S. citizen by birth or by naturalization, the federal government is entitled to consider whether an applicant is in a position of possible vulnerability to foreign influence because of the applicant's conduct or circumstances. The Judge articulated rational reasons for why she concluded that Applicant's ties with immediate family members living in Syria and Lebanon raise security concerns. Adverse decision affirmed.


Financial; Personal Conduct

08/25/2004

While Applicant's financial problems raised security concerns because of his delay in resolving under $10,000 in debts to several creditors, he re-financed his car and began a good-faith effort to resolve his debts. He has reduced his debts substantially and intends to resolve the remaining two debts. He has demonstrated his commitment to becoming financial responsible. He has a stable job and is highly regarded for his excellence and exemplary behavior. While he failed to detail his past debts on his security form, he rebutted personal conduct concerns and established this omission was a result of his haste and confusion and not from a wilful intent to falsify. Clearance is granted.


Foreign Influence; Foreign Preference; Personal Conduct

08/25/2004

Applicant failed to mitigate foreign influence concerns raised by members of his immediate family who live, spend considerable time in, or are residents of Iran. And I am prohibited from granting him a clearance because he possesses a foreign passport. Clearance is denied.


Foreign Influence

08/25/2004

Applicant is entitled to an adjudication of his security eligibility after consideration of all available, reliable information. Applicant has identified errors with the Administrative Judge's decision that undercut the presumption that the Judge considered all the record evidence, and could lead a reasonable person to question whether Applicant received fair consideration of all the evidence he presented. Case remanded to the Judge with instructions.


Financial

08/25/2004

This 37-year-old hazardous waste technician has a history of financial problems that continue to exist. He has seven delinquent debts totaling close to $7,000. He has not yet made any significant inroads into his debt load, which continues to increase because of interest charges. He has not documented his claimed payments. Mitigation has not been adequately established. Clearance is denied.


Financial; Personal Conduct

08/25/2004

Applicant owes approximately $62,978.00 to 15 separate creditors on 18 separate accounts. When he applied for a security appearance, he answered in the negative when asked whether he was more than 90 days delinquent on any debts, even though six debts were 120 days past due. Clearance is denied.


Financial

08/24/2004

Applicant had five delinquent debts for about $34,000. He reduced his discretionary spending, cancelled credit cards, and employed a debt management program to negotiate with creditors to pay his debts. Applicant paid or has a plan to pay all his delinquent debts and will be debt free by 2007. Applicant mitigated the financial considerations security concerns. Clearance is granted.


Foreign Influence; Foreign Preference

08/24/2004

Although applicant's company's security officer shredded his expired Iranian passport, this action does not constitute "surrender" of the passport within the meaning of the Money memorandum. Clearance is denied.


Personal Conduct

08/24/2004

Applicant did not intentionally provide false information in response to two questions on a Security Clearance Application. Clearance is granted.


Foreign Influence; Foreign Preference

08/24/2004

The fact that applicant's mother and brother are residents of Lebanon 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.


Financial; Personal Conduct

08/24/2004

Applicant owes a total of $40,603.17 on seven delinquent consumer credit accounts. The indebtedness is due in part to a layoff and subsequent underemployment, but Financial Considerations persist where Applicant has made little, if any, effort to address these delinquencies. His failure to report all his debts on his security clearance application was not deliberate so the Personal Conduct concerns are mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

08/24/2004

Board cannot consider new evidence on appeal. Applicant's statements about his preference for the United States are evidence that the Administrative Judge had to consider, but they were not binding or conclusive on the Judge. Applicant's statements about his preference for the United States did not preclude the Judge from considering record evidence indicating Applicant had a foreign preference under Guideline C. The personal, financial nature of Applicant's motives did not preclude the Judge from considering the security significance of Applicant's conduct and circumstances. It was not arbitrary or capricious for the Judge to conclude Applicant exhibited a foreign preference under Guideline C based on Applicant's desire to maintain Turkish citizenship to protect his inheritance rights and the inheritance rights of his children. It was not arbitrary or capricious for the Judge to conclude Applicant was vulnerable to foreign influence under Guideline B based on Applicant's ties with immediate family members in Turkey and his desire to protect his inheritance rights to property in Turkey. Adverse decision affirmed.


Financial

08/23/2004

Board cannot consider new evidence on appeal. Applicant's proffer of new evidence on appeal does not demonstrate error below. Adverse decision affirmed.


Drugs

08/23/2004

Applicant, a 34-year-old single woman, has a history of marijuana use starting in about December 1996 and continuing until about December 2002. During this time she used marijuana a total of approximately 15 to 30 times; she also bought marijuana several times. She has successfully mitigated the security concern because (1) her marijuana use and involvement are not recent, (2) she intends not to abuse drugs in the future, and (3) her marijuana use and involvement are relatively minor. Clearance is granted.


Criminal Conduct

08/23/2004

Applicant pleaded guilty to a single count of insurance fraud in December 2002 following his arrest and charge of insurance fraud and grand theft. His continued denial of responsibility for his offense, when coupled with his probationary status and relative recency of the misbehavior, precludes crediting Applicant with successful reform and mitigation. While Applicant is to be commended for the positive steps he has taken in meeting his probationary conditions, more time needed for Applicant to demonstrate his full restoration to levels of judgment and trust required to hold a security clearance. Applicant fails to mitigate the security concerns associated with his September 2002 insurance fraud incident. Clearance is denied.


Sexual Behavior; Personal Conduct

08/23/2004

Applicant was charged with rape (four counts) in 1988, and with rape and statutory burglary in 1990. The 1988 charges were nolle prossed, and he was found not guilty of the 1990 charges. Applicant failed to disclose these criminal charges and a January 2001 arrest for disorderly conduct in a security clearance application he submitted in March 2001. Applicant has failed to mitigate the security concern that has resulted from the criminal charges brought against him and the false he provided. Clearance is denied.


Criminal Conduct; Sexual Behavior; Personal Conduct; Security Violations

08/23/2004

Applicant is a 53-year-old employee of a defense contractor. He seeks a security clearance. In 1987, Applicant pled guilty to and was convicted of aggravated sexual battery of a child, and indecent liberties with children, between 1985 and 1986. He was sentenced to 13 years confinement, but was paroled after about 4 years in jail. Applicant also admitted to sexual crimes against a child in 1981. Applicant has not mitigated the security concerns arising from his sexual offenses. Also, under 10 U.S.C. 986, the Department of Defense may not grant or continue a security clearance for any applicant who has been sentenced by a U.S. court to confinement for more than one year, absent a waiver from the Secretary of Defense. Clearance is denied.


Foreign Influence

08/23/2004

Applicant was born in Egypt but is now a naturalized U.S. citizen. His parents, siblings, wife, and her parents are all citizens of Egypt. His wife is now a permanent resident alien in the U.S., but one sister lives in Canada, and the rest of Applicant's family and his in-laws live in Egypt. Applicant travels to Egypt frequently, owns property there to use when he visits, and wants to retain his Egyptian citizenship for cultural reasons. He has failed to present information to mitigate the resulting security concerns under Guideline B (Foreign Influence). Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

08/23/2004

Board cannot consider new evidence on appeal. Given the Administrative Judge's sustainable findings that Applicant has a significant unsatisfied judgment, and that Applicant has repeatedly stated he does not intend to pay the judgment, the Judge had a rational basis for his adverse conclusions. Adverse decision affirmed.


Foreign Preference; Foreign Influence

08/23/2004

Applicant is a 45-year-old naturalized citizen of the United States employed by a defense contractor. Applicant is entitled to dual citizenship with Trinidad and Tobago, her country of birth, and retained and used her passport from that country for her personal convenience. Applicant's maternal grandmother and her husband's parents and siblings are citizens and residents of Trinidad and Tobago. Applicant has since surrendered her foreign passport. All Applicant's immediate family members live in this country and all are naturalized citizens of the United States, or are applying for citizenship. All Applicant's financial interests are in this country. Considering the extent of Applicant's ties to the United States, Applicant has mitigated the security concerns arising from her dual citizenship and possible foreign influence. Clearance is granted.


Personal Conduct

08/23/2004

Applicant rebutted security concerns over personal conduct issues resulting solely from her travel to Cuba in February 2000 as that isolated incident of poor judgment fails to demonstrate "a pattern of dishonesty or rule violations." This personal conduct concern is superseded by her good judgment in fully disclosing this irregular travel to Cuba in security clearance applications both in October 2000 and again in April 2002 and by her subsequent history of her excellent conduct on the job where Applicant is highly regarded. Since being granted a clearance in 2001, Applicant has displayed good judgment and reliability in her handling of classified information. Clearance is granted.


Financial; Personal Conduct

08/23/2004

Applicant is a 29-year-old technical writer for a defense contractor. Shortly after graduating from college, he became financially overextended on two credit card accounts and his student loans. Applicant presented evidence that he paid off one credit card account, substantially reduced the balance on a second account, and brought his payments up to date on his student loan. He erroneously answered "no" to a question on his security clearance application whether he had been more than 180 days delinquent on any debt. He asserted that his negative answer was an honest mistake. No deliberate falsification is found. Furthermore, even if there was deliberate falsification, it was mitigated. Clearance is granted.


Drugs, Alcohol; Criminal Conduct; Personal Conduct

08/23/2004

This 24-year-old apprentice in a shipyard has a history of drug and alcohol use and related arrests going back to when he was 16, and ending only recently. He deliberately omitted any misconduct and denial. Mitigation has not been adequately established. Clearance is denied.


Personal Conduct

08/23/2004

Applicant is seeking a clearance to perform her duties as a Facility Security Officer. Applicant raised personal conduct concerns when she provided false information on her security clearance application regarding past finances and later submitted a back-dated letter attempting to correct the false information. She has failed to mitigate personal conduct concerns raised. Clearance is denied.


Alcohol

08/19/2004

Applicant has had a long history of alcohol abuse. The first time he received alcohol abuse counseling in 1995, he was not ultimately successful, because he again began consuming alcohol. His second treatment has been more successful, because Applicant is more committed to sobriety, including attending meetings six to seven times a week at Alcoholics Anonymous, and he has abstained from alcohol consumption since December 16, 2002. Evidence of Applicant's alcohol rehabilitation is sufficient to mitigate his alcohol related history. Clearance is granted.


Foreign Influence; Personal Conduct

08/19/2004

Board does not review the record evidence de novo and make findings of fact on appeal. If an appealing party wishes to rebut the presumption that the Administrative Judge considered all the record evidence, or demonstrate the Judge's decision is seriously deficient because it does not specifically mention or discuss some particular record evidence, the party must articulate a cogent argument in support of such a claim that is supported by the record evidence, applicable legal principles, or both. Because there is no presumption of error below, the appealing party must do more than just disagree with the Judge's weighing of the evidence, or just disagree with the Judge's conclusions. Rather, the appealing party has the burden of identifying (a) how or why the Judge's weighing of the record evidence is arbitrary, capricious or otherwise unreasonable, or (b) how or why the Judge's conclusions are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

08/18/2004

Applicant has a history of criminal conduct, drug involvement, and excessive consumption of alcohol that he failed to mitigate. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

08/18/2004

Applicant, a 32-year-old technician employed by a defense contractor, is unable to successfully mitigate the security concerns raised by his history of financial difficulties, criminal conduct, and work-related personal conduct. Clearance is denied.


Financial

08/17/2004

Board cannot consider new evidence on appeal. Applicant cannot challenge the Administrative Judge's findings of fact based on a proffer of evidence that was not present for the Judge's consideration during the proceedings below. Apart from one error that is harmless under the particular facts of this case, the Judge's findings about Applicant's history of financial difficulties are sustainable. The Judge's sustainable findings of fact provide a rational basis for the Judge's adverse conclusions under Guideline F. Under the current Directive, there is no authority for the Board to allow an appealing party to make a personal appearance to argue an appeal. Adverse decision affirmed.


Personal Conduct; Alcohol

08/16/2004

Applicant deliberately omitted from his security clearance application (SF-86) his 1996 arrest for driving while intoxicated (DWI) and relevant information about his debts. He drinks to the point of intoxication at least once each month and continues to drink and drive. He has failed to mitigate the resulting security concerns about his personal conduct (Guideline E) and his alcohol consumption (Guideline G). Clearance is denied.


Foreign Preference; Foreign Influence

08/16/2004

Applicant, who is a U.S. naturalized citizen and was a citizen of Algeria solely by virtue of his birth and his parents' birth in the country, and who applied for an obtained an Algerian passport for use in emergency situations when traveling to and from Algeria in the future, fails to absolve himself of preference concerns, despite his being a U.S. citizen since 1984 and his having few identified financial interests in Algeria. Because Applicant's immediate and extended family members who reside in Algeria and the U.S. (Applicant's spouse) are shown to be still potentially vulnerable to pressure or coercion, foreign influence concerns pose unmitigated security risks as well. Clearance is denied.


Financial

08/16/2004

Applicant has a history of delinquent consumer debts he accrued while a student and immature about handling financial obligations. Having exhausted the funds given him by his father on bad investments, gambling losses and an automobile sold to him under false pretenses, Applicant could not repay the incurred consumer debts while he was going to college and had no money to expend for non-living expenses and debts. After initially indicating he would do nothing about his old debts which had been written off by the creditors, Applicant reversed course and paid off all of his delinquent debts and is committed now to maintaining current payment status with his all of his debts. By his demonstrated good-faith payment efforts, Applicant mitigates security concerns associated with his delinquent debts. Clearance is granted.


Financial

08/16/2004

Applicant accrued over $13,000 in delinquent debt through early 2002. Her financial problems began when her now-estranged husband lost his job and are, in part, the residue of a failed marriage. However, over the two years she has not taken sufficient action to pay or otherwise resolve her debts and she has accrued new delinquencies in the form of at least four collection actions against her. Applicant has failed to mitigate the resulting security concerns under Guideline F (Financial Considerations). Clearance is denied.


Alcohol; Personal Conduct

08/16/2004

Applicant is a 49-year-old employee of a defense contractor and 23 year Air Force retiree who works as a security analyst and specialist. Applicant was arrested twice in 2001 within a three month period for driving under the influence of alcohol and was found not guilty of each after trials. Applicant reported each incident to his supervisors and his security officers. After his trials he entered a counseling program for six months during which time he totally abstained from alcohol. Since then he drinks moderately twice a week and no more than two beers at each occasion. He does not drink and drive. He did not report two counseling sessions since one was over ten years old and the other involved only marital counseling. Clearance is granted.


Criminal Conduct

08/16/2004

Applicant has a long history of criminal conduct. He failed to mitigate security concerns raised by his conviction for driving under the influence and the three incidents of battery. Clearance is denied.


Alcohol; Criminal Conduct

08/13/2004

Applicant is a 32-year-old employee of a defense contractor, seeking a security clearance. He had four misdemeanor convictions as a minor between 1987 and 1992 for possessing alcohol underage. He also had a misdemeanor conviction in September 2000 for reckless driving related to driving under the influence of alcohol. Considering the length of time since his offenses as a minor, his personal and professional accomplishments, the successful completion of his probation and required rehabilitative measures, and his acceptance of responsibility, Applicant has mitigated the security concerns arising from his previous excessive consumption of alcohol and criminal conduct. Clearance is granted.


Financial

08/13/2004

Applicant is a 51-year-old employee of a defense contractor who incurred over $22,000.00 in delinquent debts. He admitted the six debts existed but offered proof of payment of only the three smallest debts. He disputed the allegation that his monthly expenses exceeded his income. The largest debt was for back child support in the amount of over $20,000.00. He acknowledged the debt and the reason for it but offered no evidence of payment or a payment plan. Clearance is denied.


Foreign Influence

08/13/2004

Applicant, born in the Republic of China (Taiwan), came to the United States in 1971 and became a United States citizen in 1981. His wife and two children are also United States citizens. He has a mother, two brothers, a sister and a mother-in-law, who are citizens of Taiwan and reside in Taiwan. His contacts with them are infrequent. None of these family members, belong to, participate in, or are active with any government agency of Taiwan. They 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 his loyalty to the United States. Applicant's strong attachment to the United States and long history here make it unlikely that he would respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

08/13/2004

Board cannot consider new evidence on appeal. Applicant's offer of new evidence does not demonstrate error by the Administrative Judge. Given the record evidence in this case, the Judge's findings of falsification are sustainable. It was not arbitrary, capricious, or contrary to law for the Judge to conclude Applicant had not demonstrated his falsifications were mitigated. Under the Directive, there is no authority to grant a conditional or probationary security clearance. Adverse decision affirmed.


Financial; Personal Conduct

08/13/2004

Applicant is a 46-year-old custodial employee of a defense contractor who incurred approximately $9,000.00 in delinquent debts. She admitted four of the nine debts cited in the SOR for a total amount of $2,475.00. She stated that some had been paid and her intent to pay them all. She did not offer any evidence of payment. Applicant failed to acknowledged the delinquent debts on questions 39 on her SF 86. Clearance is denied.


Foreign Influence; Foreign Preference

08/13/2004

Applicant is a 47-year-old industrial engineer employed by a defense contractor. He holds dual citizenship with the United States and Turkey, and he possesses and uses passports from both countries. His father, brother, two stepbrothers and four sisters are residents and citizens of Turkey. He has visited his relatives in Turkey annually during 1982-1986, 2000, and 2001. He has sent his family a total of about $10,000.00. Although he told an investigator that he was willing to surrender his foreign passport and renounce his foreign citizenship if they became "an issue," there is no evidence that he has done so. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

08/12/2004

This 51-year-old engineer was born in Taiwan, came to the U.S. in 1984 and became a U.S. citizen in 1994. He makes yearly visits to his parents in Taiwan, but most of his family reside in the U.S. He has renounced his Taiwan citizenship and surrendered his Taiwan passport. He did not intentionally provide false information on his security clearance application. He would reject and promptly report any improper contacts. Mitigation has been established. Clearance is granted.


Alcohol; Financial; Criminal Conduct; Personal Conduct

08/12/2004

Applicant is a 42-year-old clerk for a defense contractor who has been a user and sometime abuser of alcohol who has had alcohol-related traffic offenses and made threatening phone calls after consuming alcohol. He continues to consume alcohol in quantities from 5-10 beers in an evening. He was the subject of a complaint about domestic violence, violation of a restraining order, and making harassing telephone calls. Applicant filed for Chapter 7 bankruptcy. Half of his liabilities were for gambling debts. Applicant continues to gamble after the bankruptcy discharge. Applicant omitted relevant information on his SF 86 relating to treatment and criminal complaints. Clearance is denied.


Financial; Personal Conduct

08/12/2004

Applicant is a security receptionist for a defense contractor. During the last seven years she has failed to properly manage her personal finances, resulting in the repossession of an automobile and an outstanding claim for the delinquency for more than $5,000.00, a delinquent debt to a credit card company for more than $1,000.00, and a debt to a cable service company unpaid between February 1998 and September 2003. Applicant provided false information about her delinquent debts on her security clearance application. Applicant failed to mitigate the security concerns arising from her financial instability and her false statements on her security clearance application. Clearance is denied.


Foreign Influence

08/12/2004

Applicant has failed to meet her burden of demonstrating that her parents and parents-in-law, who are citizens and residents of China, are not in a position to be exploited by a foreign power. She and her husband maintain weekly contact with both her parents and parents-in-law. Both Applicant's parents and parents-in-law receive pensions from the Chinese government. They have visited Applicant and her husband on more than one occasion pursuant to visas authorized by the Chinese government. Applicant and her husband have also traveled to China to visit them. Clearance is denied.


Personal Conduct

08/12/2004

Applicant consented to a court order to seek and participate in appropriate mental health counseling dealing with his problem of child sex abuse for incidents involving his oldest daughter. Applicant failed to establish that he received such counseling or that any of the mitigating conditions apply to his personal conduct. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

08/12/2004

With one exception that constitutes harmless error under the particular facts of this case, the Administrative Judge's findings of falsification are sustainable. Given the Judge's sustainable findings of falsification, the Judge's adverse conclusions about Applicant's security eligibility are sustainable. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

08/11/2004

Applicant is 52 years old, married, and has three children. He is an employee of a defense contractor and has been for 26 years. Applicant was convicted in 1975 of grand larceny, sentenced to three years in jail and served four months of that sentence, and failed to disclose that conviction on his security clearance application. Applicant mitigated the criminal conduct security concern. He did not mitigate the personal conduct security concern. Clearance is denied.


Drugs; Personal Conduct

08/11/2004

Given the record evidence in this case, it was not arbitrary, capricious, or contrary to law for the Administrative Judge to conclude Applicant's falsification of a security clearance application was not mitigated by his subsequent disclosure of his history of marijuana use. The federal government need not wait until a person commits a security violation before it can decide to deny or revoke access to classified information. Applicant's falsification of a security clearance application provides a rational basis for the Judge's unfavorable decision. Adverse decision affirmed.


Alcohol; Personal Conduct

08/10/2004

Applicant was convicted of driving under the influence of alcohol in 1987 and 2001. He deliberately failed to report these convictions in his security clearance application. Applicant failed to mitigate the security concerns raised by his alcohol consumption and personal conduct. Clearance is denied.


Personal Conduct

08/10/2004

Although an Administrative Judge must apply pertinent provisions of the Adjudicative Guidelines, the Judge is not required to apply them in a rigid, mechanical manner. Because the Adjudicative Guidelines do not exhaust the realm of human experience or the kinds of conduct or circumstances that are pertinent to evaluating an applicant's security eligibility, the mere presence or absence of any particular Adjudicative Guidelines disqualifying or mitigating condition is not dispositive of a case. Merely because Department Counsel met its burden of establishing a prima facie case, it does not follow that the Judge was precluded, as a matter of law or logic, from considering the record evidence as a whole and deciding that Applicant has presented sufficient credible evidence to satisfy his burden of persuasion under Directive, Additional Procedural Guidance, Item E3.1.15. Favorable decision affirmed.


Criminal Conduct

08/10/2004

Board does not have authority to adjudicate a claim that the Deputy Secretary of Defense's memorandum implementing 10 U.S.C. 986 exceeds the mandate of that statute. Board does not have authority to adjudicate a claim that the DOHA Operating Instruction concerning cases involving 10 U.S.C. 986 exceeds the mandate of that statute and is contrary to the Deputy Secretary of Defense's memorandum implementing that statute. The doctrines of res judicata and collateral estoppel do not preclude the application of a new statute to an applicant's security eligibility. A favorable security clearance decision in 1981 does not preclude application of 10 U.S.C. 986 to Applicant's current security clearance adjudication. Applicant has failed to demonstrate his case falls under Sections 4-100 and 4-102 of DoD Regulation 5200.2-R. Board does not recommend Applicant's case be considered further for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Foreign Influence; Personal Conduct

08/10/2004

Applicant is a 50-year-old naturalized citizen of the United States employed by a defense contractor. His parents, siblings and their spouses are citizens and residents of India. Applicant maintains a bank account in India to facilitate the transfer of funds to his parents for their support and maintenance when the need arises. Applicant failed to note on his security clearance application his foreign bank account and employment with a foreign company between 1977 and 1978, however it was not deliberate. Considering Applicant's close ties to the United States, including his citizenship, his long-term residency and employment, and his financial holdings, Applicant has mitigated the security concerns arising from the foreign residence of his family members and his bank account in a foreign country. Clearance is granted.


Foreign Influence

08/09/2004

The Applicant's parents and three siblings are citizens of and reside in the People's Republic of China (PRC). He has frequent contact with them, and visits these immediate relatives on a yearly basis. The Applicant has failed to offer any evidence that his relatives are not agents of the PRC or of any other foreign power. Furthermore, he has failed to offer any evidence that their presence in the PRC could not be exploited by a foreign power. Mitigation is not shown. Clearance is denied.


Foreign Influence

08/09/2004

Applicant's father is a citizen of Vietnam and resides in Vietnam. He is long retired and not in a position to be exploited by Vietnam in a way that could force Applicant to choose between loyalty to this family member and his loyalty to the United States. Applicant has given some money to his father 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.


Criminal Conduct

08/09/2004

Decisions by a Hearing Office Administrative Judge are not legally binding precedent on another Hearing Office Judge or the Board. Statutory construction is not based on interpreting or construing single words or brief phrases in a statute in the abstract. Congress has provided some guidance for construing federal statutes in 1 U.S.C. 1 that is pertinent to construing 10 U.S.C. 986. Nothing in 10 U.S.C. 986 indicates or suggests that Congress intended its application to turn on whether there was a single crime or multiple crimes covered by a given conviction, or whether there was a single term or multiple terms of imprisonment imposed in connection with a given conviction. The Judge did not err by applying 10 U.S.C. 986 because Applicant's consecutive sentences of imprisonment were imposed in connection with a given conviction, and the practical effect of the imposition of consecutive sentences resulted in Applicant being sentenced to a term of imprisonment exceeding one year. Adverse decision affirmed.


Foreign Influence

08/09/2004

Applicant has successfully mitigated the security concern of foreign influence raised by her family ties to Taiwan. Clearance is granted.


Criminal Conduct; Alcohol; Personal Conduct

08/09/2004

Applicant has a history of criminal incidents from 1976 to 1995, much of it related to his excessive alcohol consumption. While the Alcohol Consumption concerns are mitigated by the passage of time since the alcohol-related incidents and moderation of his consumption levels, he was not candid about his assault and alcohol-related offenses on his April 1991 and May 2001 security clearance applications. His repeated falsifications and assault offenses raise significant doubts for his security worthiness. Clearance is denied.


Personal Conduct; Criminal Conduct

08/06/2004

Applicant's conviction and sentence of more than one year in prison disqualifies him from receiving a security clearance under 10 U.S.C. 986. Clearance is denied, but waiver recommended.


Foreign Influence; Foreign Preference

08/06/2004

Applicant's possession of an Iranian passport disqualifies him from having access to classified information. Clearance is denied.


Financial; Personal Conduct

08/06/2004

Applicant is a 29-year-old employee of a defense contractor who, after a 1997 bankruptcy, incurred over $3,500.00 in delinquent debts and failed to fully answer questions relating to the debts on her application for a security clearance (SF 86). While the largest delinquent debt is being paid in monthly payments that began only in January 2004, other small debts have not been paid. Applicant provided information on the largest two debts on her SF 86 and the omission of the others was not deliberate. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

08/06/2004

Applicant is a 26-year-old employee of a defense contractor who has a history of alcohol-related criminal offenses from 1996 until 2001. He has consumed alcohol since the age of 13 until October 2002. He continued to consume alcohol to the point of intoxication since completing a court ordered alcohol safety school. He failed to list his alcohol offenses and his use of alcohol that resulted in treatment during the past seven years on his security clearance application (SF 86). He also failed to list some items of his police record during the past seven years. Clearance is denied.


Foreign Influence; Foreign Preference

08/06/2004

The fact that applicant's parents are citizens and residents of Israel does not leave him vulnerable to coercion or pressure. In addition, applicant's conduct since arriving in the United States in 1977 indicates a clear preference for the United States. Clearance is granted.


Financial; Personal Conduct

08/06/2004

Applicant is a 69-year-old employee of a defense contractor who works as a security guard. He did not file tax returns for six years between 1989 and 1994 while working overseas for a private company. After Applicant returned to the U.S. he failed to file tax returns for five more years between 1996 and 2000. Applicant filed for bankruptcy in February 1995, but it was dismissed by the court in December 1995, for failure to make a required payment. Two tax liens were filed against Applicant by the IRS in 1996. At one time the IRS claimed he owed $163,000.00. Applicant falsified answers to questions on his SF 86 dated February 2000 by failing to acknowledge the tax liens and his delinquent debts. Clearance is denied.


Criminal Conduct; Personal Conduct

08/05/2004

In the early to mid 1980's, the Applicant was convicted three times for driving while intoxicated. He was sentenced to one to three years in the state prison for a November 1984 DWI. Although his alcohol related arrests are remote in time and would otherwise be mitigated under the Criminal Conduct guideline, he is statutorily disqualified from having a clearance granted or renewed under 10 U.S.C. 986. In August 2002, the Applicant completed an SF 86 and lied about his alcohol arrests. He has failed to mitigate the Personal Conduct concerns. Clearance is denied.


Financial

08/05/2004

Applicant accumulated over $158,000.00 in federal tax debt over a six-year period spanning 1993 through 1995 when he failed to file federal tax returns and prompted the IRS to file tax liens against his wife and himself. Applicant also accrued delinquent consumer and medically-related debts over this time frame, which he has failed to address, despite apparent adequate resources to do so. Despite a pending application for a home equity loan to raise cash to address his delinquent debts, it is uncertain whether he will be able to obtain the loan, or how he will choose to apply any awarded loan proceeds. Applicant's repayment efforts are too uncertain to make any safe predictable judgments at this time about his debt resolution prospects. Applicant fails to extenuate or mitigate security concerns associated with his delinquent debts. Clearance is denied.


Foreign Influence; Foreign Preference

08/05/2004

Born in India, Applicant became a naturalized U.S. citizen in April 2001 and in October 2003 voluntarily complied with the Department of Defense policy requirements to return her Indian passport and thus mitigated foreign preference concerns. Her husband, children, mother and siblings live and are naturalized citizens of the United States (U.S.); only her aunts, uncles and cousins remain in India. However, none of her relatives have any ties to the government and would not place her in a position of vulnerability. Her retirement benefits from her job in India are minimal. Applicant has mitigated concerns over foreign influence. Clearance is granted.


Financial

08/05/2004

Application of the Adjudicative Guidelines requires the exercise of sound discretion in light of the record evidence as a whole. Given the record evidence in this case, it was not arbitrary, capricious, or contrary to law for the Administrative Judge to conclude that Applicant's financial difficulties were not mitigated under Financial Considerations Mitigating Conditions 3, 4 and 6. Applicant's disagreement with the Judge's weighing of the record evidence is not sufficient to demonstrate the Judge weighed the evidence improperly. Applicant's overall history of financial difficulties provides a sufficient rational basis for the Judge's adverse conclusions. Adverse decision affirmed.


Financial; Personal Conduct

08/05/2004

Applicant failed to pay his federal income taxes for tax years 1993 and 1994. In 1995 and 1996, Applicant filed deceptive returns by refusing to report his civilian wages as income. Although Applicant completed paying off his delinquent federal taxes in December 2003, he still owes state taxes for 1995 and 1996 and failed to report his tax delinquencies on his security clearance application. Clearance is denied.


Criminal Conduct

08/04/2004

Applicant committed criminal conduct on at least seven separate occasions, including drug possession and sales, battery of a cohabitant, and rape by a foreign object, for which he was sentenced to a term of eight years imprisonment. The provisions of Title 10 U.S.C. 986 apply. Applicant voluntarily exited the hearing shortly after it began, thereby failing to mitigate any of the Government's allegations. 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

08/04/2004

Applicant is a 54-year-old aircraft armaments technician working for a defense contractor. He has a history of financial problems attributed in part to excessive gambling. He stopped gambling four years ago. He failed to file his 1998-2001 federal income tax returns until late 2003. He owes federal taxes of almost $3,800.00, plus interest and penalties, for 1998-2001. He paid his delinquent 1997 taxes in September 2003, and settled his account with one commercial lender. He has not satisfied almost $30,000.00 in debts for credit card accounts, installment loans, and federal taxes. Clearance is denied.


Drugs

08/04/2004

Administrative Judge failed to articulate a rational basis for applying Drug Involvement Disqualifying Condition 5 to this case. An unfavorable credibility determination is not a substitute for record evidence that the Applicant engaged in misconduct. Given the record evidence in this case, the Judge erred by not explaining why he did not apply Drug Involvement Mitigating Condition 2. Given the record evidence in this case, the Judge did not articulate a sustainable basis for discounting the mitigating effect of Drug Involvement Mitigating Condition 1. The Judge's finding that Applicant's motivation for ceasing to use marijuana was "unknown" is not sustainable given the record evidence in this case. Adverse decision reversed.


Financial

08/04/2004

Applicant has a history of delinquent debts he and his spouse incurred in 1997 and 1998. They total over $17,000.00 and to date have scarcely been addressed (save for payment of two small debts and some reduction in his largest creditor). While Applicant is to be encouraged in identifying and contacting his creditors in the past year, his repayment efforts remain too much a work in progress to make any safe predictable judgments at this time about his debt resolution prospects. Applicant fails to extenuate or mitigate security concerns associated with his delinquent debts. Clearance is denied.


Financial; Personal Conduct

08/04/2004

This 71-year-old employee of a defense contractor has two long-delinquent debts exceeding $20,000. He deliberately omitted any mention of the debts from his 2001 security clearance application. The recommendations submitted by his colleagues are helpful but do not mitigate his financial problems nor his falsification. Mitigation has not been adequately established. Clearance is denied.


Foreign Influence

08/04/2004

Applicant is 37 years old and employed by a defense contractor. His wife is a citizen of Malaysia, where her parents, brothers, and sisters reside. Applicant's wife holds a passport from Malaysia; to facilitate future travel to Malaysia to support her family, if necessary, she does not presently intend to seek citizenship in the United States when eligible. Applicant and his wife own real property in Malaysia that constitutes 25% of their net worth. Applicant has not mitigated the security concerns arising from the foreign residence of his wife's family members or his financial interests in a foreign country. Clearance is denied.


Financial

08/03/2004

Applicant's financial irresponsibility makes him unsuitable for a security clearance. Clearance denied.


Foreign Influence

08/02/2004

The government has established a case of foreign influence that Applicant has not mitigated because he has not shown that his mother and his friend are not in a position to be exploited by a foreign power in a way that could force Applicant to choose between the person(s) involved and the United States. (U.S.) In addition, Applicant's evidence under subparagraph 1.b. raises more questions than answers because of the lack of detail regarding his foreign employment between March 1998 and February 2000. Clearance is denied.


Alcohol; Financial; Criminal Conduct

08/02/2004

Applicant is a 44-year-old employee of a defense contractor who has a history of excessive alcohol consumption, resulting in three convictions for alcohol-related offenses over the last 24 years. He also has a history of failing to meet his financial obligations. Even after his debts were discharged in bankruptcy in 2001, Applicant continued to mismanage his personal finances resulting in numerous delinquent debts. Applicant also has a record of criminal conduct, including five convictions for minor offenses since 1980. Applicant failed to mitigate the security concerns arising from his conduct. Clearance is denied.


Financial; Personal Conduct

08/02/2004

Applicant's falsification of her clearance application and financial irresponsibility renders her an unsuitable candidate for a security clearance. Clearance denied.


Foreign Influence; Criminal Conduct; Personal Conduct

08/02/2004

Applicant is a 49 year-old naturalized United States citizen, born in the Vietnam. He came to the United States in 1975, and became a naturalized United States citizen in1982. He has family members, who are citizens of Vietnam and reside in Vietnam. He maintains contact with some of them and gives them money regularly. Applicant also committed criminal conduct by striking and injuring his son and daughter. As a result he was ordered to attend treatment by a mental health professional, which he did. In a Security Clearance Application (SCA) supplied to the Government, Applicant provided false and incomplete information by not admitting that he was arrested or that he had received treatment by a mental health professional. Mitigation has not been shown. Clearance is denied.


Foreign Influence

07/30/2004

The Applicant's older brother is a fairly high level employee of the Hong Kong Special Administrative Region of the People's Republic of China (Hong Kong). This connection with a foreign government, through her brother, is not mitigated. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/30/2004

Applicant bought and used marijuana weekly from September 1998 to November 2001 and fortnightly from November 2001 to January 2003. He used LSD once in January 2003. He falsified his January 2003 clearance application by wilfully concealing this drug history. Clearance denied.


Criminal Conduct; Personal Conduct

07/30/2004

Applicant is 47-year-old woman employed by a defense contractor as a professional staff member. Charged with felony larceny, Applicant pled guilty to two misdemeanor counts of petit larceny. In November 1999, the state court found Applicant guilty and sentenced her to be incarcerated in the county jail for a term of 12 months for each count, for a total of 24 months. The court suspended the entire 24 month sentence for one year. Under 10 U.S.C. 986, the Defense Department is prohibited from granting or renewing Applicant's security clearance based on her sentence to confinement exceeding one year unless the prohibition is waived by the Secretary of Defense. Clearance is denied.


Criminal Conduct; Personal Conduct

07/30/2004

Applicant was convicted of Burglary in 1981 and sentenced to one year and four months confinement. 10 United States Code 986 applies. In addition, the Applicant falsified a questionnaire concerning four alcohol related arrests, which resulted in three convictions. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Alcohol; Personal Conduct

07/30/2004

Applicant's DUI arrests in January 2001 and July 2001 demonstrate alcohol abuse. He falsified his January 2003 clearance application by wilfully concealing the January 2001 DUI. Clearance denied.


Alcohol; Personal Conduct; Criminal Conduct

07/30/2004

Applicant, a 37-year-old employee of a defense contractor, was arrested for four alcohol-related offenses between 1994 and 1999 by security guards on an island atoll in the South Pacific where he lived and worked. The 1999 arrests caused Applicant to realize that he was developing a problem with alcohol and he returned to the U.S. mainland. The only punishment he received for any of the arrests was a letter of reprimand from the Army and six months probation for an arrest for public drunkenness. He did not list the arrests at Question 24 relating to his police record for alcohol offenses on his SF 86 because he did not regard the guards as police. Since 1999 he has changed his conduct having taken a course in anger management as affected by alcohol. Clearance is granted.


Foreign Influence; Foreign Preference

07/30/2004

Applicant, a dual citizen of Hong Kong, a Special Administrative Region of the Peoples Republic of China, possesses a Hong Kong passport and identification card valid until April 2005. He is unwilling to relinquish his passport or foreign citizenship unless he is assured of receiving a security clearance. DoD policy in place since August 2000 requires denial under Guideline C (Foreign Preference) of a clearance for persons who possess a foreign passport. Applicant also has close ties of affection to friends and relatives in Hong Kong, Taiwan, and Singapore, but he has failed to mitigate resulting security concerns under Guideline B (Foreign Influence). Clearance is denied.


Financial; Personal Conduct

07/30/2004

Nothing in the Directive indicates or suggests that the government can deny or revoke access to classified information only if it alleges and proves an applicant's actions or circumstances fall under the Guideline pertaining to criminal conduct. Applicant's history of financial difficulties raises security concerns that the government can consider in evaluating his security eligibility. The Administrative Judge's findings about Applicant's falsification of a security clearance application and failure to provide relevant and material information to the government also provide a rational basis for the Judge's unfavorable conclusions. Adverse decision affirmed.


Financial; Personal Conduct

07/30/2004

Applicant resigned from his state government job for downloading pornography over a six month period onto his government computer. Applicant subsequently was convicted of a misdemeanor offense of unauthorized access to a computer. Applicant filed a Chapter 7 bankruptcy, and then a Chapter 13 joint bankruptcy with his wife, to dispose of debts, including credit card debts incurred when he undertook an antique coin business that was unsuccessful. Applicant mitigated the financial consideration security concerns. Applicant mitigated one of the three personal conduct security concerns, but not the remaining two personal conduct security concerns. Clearance is denied.


Financial

07/30/2004

Thirty-eight-year-old Applicant with a lengthy history of ignoring his financial obligations--largely attributed to varied periods of unemployment and the loss of his wife's income because of their separation--did not address those obligations until he received notification that the security clearance review process had commenced. He immediately filed for bankruptcy under Chapter 7 and had most of his debts discharged. The absence of any timely efforts to resolve his debts and the absence of any financial counseling raise grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Alcohol; Personal Conduct

07/30/2004

Applicant is a 30 years old married software engineer for a defense contractor. In his youth he was cited three times for underage possession of alcohol. He also was twice charged with operating a motor vehicle while intoxicated, successfully completing all requirements of probation in each case. Applicant changed his life, embarked on his engineering career, started a family, and has been a law-abiding citizen since 1998. Applicant did not disclose all his offenses on his security clearance application, but his failure was due to inadvertence and carelessness, not deliberate falsification. Applicant successfully mitigated the alcohol consumption and personal conduct security concerns. Clearance is granted.


Sexual Behavior; Personal Conduct; Criminal Conduct

07/30/2004

Applicant's criminal and sexually perverted criminal conduct directed at his minor children was so egregious that the passage of time since the incidents occurred, standing alone, is insufficient to overcome the doubts about his judgment, reliability and trustworthiness. Clearance is denied.


Alcohol; Personal Conduct

07/29/2004

Applicant's excessive use of alcohol and poor personal conduct evidenced by his arrest for Driving Under the Influence of Alcohol in July 2001, has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.


Financial; Personal Conduct

07/29/2004

Applicant had liabilities discharged in bankruptcy in 1994. Nevertheless, he continues to have financial problems. He has delinquent debts totaling over $4,700, he does not have the resources to pay these debts, and does not have a firm understanding of his financial situation. Applicant failed to mitigate the security concerns raised by his financial situation and his deliberate omission of his financial problems from his security clearance application. Clearance is denied.


Foreign Influence

07/29/2004

Applicant is a 53-year-old naturalized citizen whose family members are citizen residents of Taiwan. Applicant has lived in the United States for 30 years, has worked for a defense contractor for 24 years, had held a security clearance for 17 years without incident, holds a passport only from the United States, and has no property in or financial ties to Taiwan. Under these circumstances, Applicant mitigated the security concerns arising from the foreign residence of her family members. Clearance is granted.


Foreign Influence; Foreign Preference; Personal Conduct

07/29/2004

Applicant is unable to successfully mitigate the security concerns of foreign preference and foreign influence based on his significant connections to Israel. Clearance is denied.


Financial

07/29/2004

Applicant's long-standing indebtedness, together with the lack of any credible evidence that would suggest her financial condition is likely to significantly improve anytime soon, precludes a finding that it is now clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/29/2004

Applicant has a history of recurrent marijuana use, a loss of a security clearance and a marijuana possession arrest that he omitted in various answers to his 1999 security clearance application (SF-86). Applicant's concealment of his marijuana use, revocation of his clearance, and more recent marijuana possession arrest is not mitigated under any of the pertinent mitigation guidelines and raises continuing security concerns about Applicant's judgment and


Financial; Personal Conduct

07/28/2004

Forty-four-year-old Applicant with a lengthy history (going back two decades) of ignoring his financial obligations--largely attributed to varied periods of unemployment, underemployment, and temporary employment--made no effort whatsoever to address those obligations, even after this security clearance review process commenced. He filed for bankruptcy under Chapter 13 on two separate occasions, only to have both such actions dismissed for his failure to follow through with payments. The absence of efforts to resolve his debts, too many unfulfilled promises to do so, and his lack of candor, raise grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Criminal Conduct

07/28/2004

At age 18, Applicant was convicted in May 1982 of theft by unlawful taking, a second degree misdemeanor, after he used a BB gun to rob a gas station attendant. In July 1982, he was sentenced to a term of incarceration in the county jail of 15 days to 23 1/2 months and ordered to pay a $500 fine. After serving the minimum, he was placed on parole, which he successfully completed in July 1984. Applicant has achieved considerable success in his career and has a stable lifestyle, but doubts persist for his judgment because of his reluctance to acknowledge the seriousness of his past criminal conduct. Sentenced to a term of incarceration of up to 23 1/2 months, he is statutorily disqualified from having a clearance granted or renewed under 10 U.S.C. 986. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

07/28/2004

Applicant is a 41-year-old employee of a defense contractor who has a history of wrongfully using marijuana. He falsely denied using marijuana on his Security Clearance Applications (SF 86) submitted in 1981, 1984, 1988, 1993, and in a security clearance interview in 1994. He falsely reported the dates of his marijuana use on his SF 86 in 2000. Applicant failed to mitigate the security concerns arising from his drug abuse and false official statements. Clearance is denied.


Alcohol; Personal Conduct

07/28/2004

Applicant is a 39-year-old employee of a defense contractor who has had difficulties relating to use of alcohol and three arrests for alcohol-related offenses all over six years old . He failed to provide accurate answers on his SF 86 regarding the arrests but some of the problems with his answers arose as a result of advice he received from counsel and others from his dyslexia that resulted in the inversion of numbers and a phonetic place spelling. Clearance is granted.


Personal Conduct

07/28/2004

Applicant's challenge to the factual findings by the Administrative Judge is not persuasive. Given the record evidence in this case, the Judge's adverse conclusions are sustainable. Adverse decision affirmed.


Foreign Preference; Foreign Influence

07/28/2004

Although Applicant made a number of trips to Israel using his Israeli passport after he became a citizen of the United States, he has mitigated foreign preference concerns by renouncing his Israeli citizenship and surrendering his Israeli passport. However, he has not mitigated the foreign influence disqualifying condition resulting from his close contact with his mother-in-law, brother-in-law, and sister-in-law, as well as other close friends who are citizens and residents of Israel. Clearance is denied.


Security Violations; Personal Conduct

07/28/2004

Applicant was involved in several security violations between 1989 and 1994 that were caused by her failure to accurately document and handle classified information. Applicant failed to mitigate the resulting security violations and personal conduct security concerns. Clearance is denied.


Foreign Influence

07/28/2004

Applicant's foreign family ties, assets and businesses do not make him vulnerable to foreign influence and do not raise a security concern. Clearance is granted.


Financial

07/27/2004

Applicant had five dependents and was "trying to live the American dream by buying whatever [he] wanted" using credit cards, but was only earning $10 an hour. Applicant failed to mitigate the financial considerations security concerns raised by his delinquent debts. Clearance is denied.


Financial

07/27/2004

After discharging over $21,000 in debts through Chapter 7 bankruptcy in 1993, Applicant has continued to experience financial problems including a mobile home repossession, collection accounts and dwindling cash flow. She has not paid any of the debts alleged in the SOR, has accrued new delinquencies, and has not presented sufficient information to mitigate the resulting security concerns under Guideline F (Financial Considerations). Clearance is denied.


Foreign Influence

07/27/2004

Applicant's foreign family ties, specifically his parents and two sisters, and his desire to possibly return to Taiwan in the future, makes him vulnerable to foreign influence and raises a security concern that has not been mitigated. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

07/27/2004

Applicant is a 41-year-old communications worker for a defense contractor. He is married and has two children. He used marijuana in his youth, and stopped using it in April 1994, about a year after his divorce from his first wife. Applicant has not used marijuana in over seven years and has no intention to use it in the future. Applicant mitigated the drug involvement, personal conduct, and criminal conduct security concerns. Clearance is granted.


Criminal Conduct

07/27/2004

In ascertaining the meaning of an Administrative Judge's decision, the Board does not look at individual portions in isolation; rather, the Board reviews the Judge's decision as a whole. Considering the Judge's decision in its entirety, the Board concludes the Judge did not base his unfavorable security clearance decision solely on the application of 10 U.S.C. 986. Accordingly, the Judge was not required to make a recommendation as to whether Applicant's case should be considered further for a waiver under 10 U.S.C. 986(d). Applicant is not entitled to have an opportunity to file a supplemental brief to raise other appeal issues. Adverse decision affirmed.


Financial; Personal Conduct

07/26/2004

Applicant has a history of delinquent debts he jointly and severally accrued prior to separation from his spouse in 1996. Altogether, the debts he accumulated exceed $8,000.00 and have not been repaid to date, save for one small creditor and a good faith payment towards a large unpaid balance on one of his major debts. While Applicant is to be encouraged in identifying and contacting his creditors in the past year, his repayment efforts remain too much a work in progress to make any safe predictable judgments at this time about his debt resolution prospects. Applicant fails to extenuate or mitigate security concerns associated with his delinquent debts. By contrast, he successfully refutes allegations of falsification of his security clearance application (SF-86). Clearance is denied.


Criminal Conduct; Personal Conduct

07/26/2004

In 1981, when he was 18 years old, Applicant deliberately violated federal law by failing to register for the draft with the U.S. Selective Service System because he found such registration morally repugnant and against his conscience. Applicant defends his decision and would undoubtedly refuse to register if ordered to do so today. Applicant failed to mitigate the criminal conduct and personal conduct security concerns raised by his conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

07/26/2004

Applicant is a 61-year-old employee of a defense contractor who has a history of failing to meet his financial obligations. On his Security Clearance Application (SF 86), Applicant falsely denied that he had been over 180 days delinquent on any debts during the previous 7 years. Applicant failed to mitigate the security concerns arising from his financial instability and his false statement on his security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence

07/26/2004

The absence of any evidence that Applicant has engaged in security violations does not preclude the federal government from considering whether Applicant's ties with immediate family members living in Iran raise security concerns. The objective of a security clearance adjudication is not to control or regulate an applicant's conduct or circumstances, but rather to decide whether an applicant's conduct or circumstances pose a security risk. The federal government is not required to wait until it has proof that an applicant has been specifically targeted by a foreign government before it can decide whether the applicant's conduct and circumstances pose a security risk. It was arbitrary, capricious, and contrary to law for the Administrative Judge to rely on language from an earlier version of Foreign Influence Mitigating Condition 1. The Judge failed to articulate a rational basis for his favorable conclusions under Guideline B. Favorable decision reversed.


Financial

07/23/2004

Applicant incurred 13 delinquent debts. In the past three years she has used her savings and current income, and her husband's periodic income, to pay seven delinquent debts, and make installment payments on the remaining six debts, of which four are student loan debts. Applicant mitigated the financial consideration security concerns. Clearance is granted.


Personal Conduct

07/23/2004

Applicant deliberately lied on his security clearance application (SCA) in answer to Question 26 about an arrest in 1995. Marijuana usage was also alleged, but was beyond the seven years disclosure period required by Question 27 of the SCA, and there was no falsification present because the information was not required to be disclosed by Question 27. Applicant mitigated the personal conduct security concern regarding his marijuana usage, but did not mitigate regarding his failure to disclose his 1995 arrest. Clearance is denied.


Financial; Personal Conduct

07/23/2004

Board cannot consider new evidence on appeal. The Administrative Judge's findings of fact reflect a reasonable, legally permissible interpretation of the record evidence, and her conclusions follow rationally from her factual findings. The fact that Applicant argues that different conclusions should be drawn from the record evidence does not demonstrate the Judge erred. Adverse decision affirmed.


Financial; Personal Conduct

07/23/2004

Applicant has ten delinquent debts on her credit record. Those debts were not disclosed on her security clearance application (SCA). Applicant's only child, a daughter now 36 years old and in the state penitentiary, admitted her culpability by incurring those debts without her mother's knowledge or consent. Applicant's SCA did not have Questions 38 and 39 as alleged in the Statement of Reasons (SOR), nor did Applicant know about the debts alleged in the SOR until after she completed the SCA. Applicant mitigated the financial considerations and personal conduct security concerns. Clearance is granted.


Drugs; Alcohol; Personal Conduct

07/22/2004

Applicant is a 46-year-old employee of a defense contractor who operates heavy equipment in a shipyard. He has used alcohol to excess for over 20 years and most recently in October 2003. He has used drugs while holding a security clearance but denied doing so in response to a question on his application for a security clearance (SF 86). The earlier offenses have been mitigated by the passing of time but the security clearance omission and recent excessive use of alcohol results in a finding against Applicant. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

07/22/2004

Applicant has a history of alcohol-related incidents, most of which involved arrests for driving while under the influence. He is not alcohol dependent, has attended alcohol education and treatment programs, and has made positive changes in behavior supportive of sobriety. Applicant mitigated the alcohol consumption, criminal conduct, and personal conduct security concerns. Clearance is granted.


Financial; Personal Conduct

07/22/2004

The Applicant admittedly has in excess of $5,400 in past due indebtedness. She offers little to show that she is doing anything to address her past due indebtedness. She was also repeatedly less than candid with the Government in answer to several questions on her December 2001 Security Clearance Application (SCA). Mitigation is not shown. Guidelines E and F are found against the Applicant. Clearance is denied.


Alcohol; Personal Conduct

07/22/2004

Because the Administrative Judge entered formal findings in favor of Applicant with respect to the SOR paragraphs pertaining to Guideline G (Alcohol Consumption), Applicant's appeal arguments about his drinking history are moot and need not be addressed. Given the record evidence in this case, the Judge's finding that Applicant falsified a security clearance application is sustainable. The Judge's finding that Applicant falsified a security clearance application provides a rational basis for the Judge's unfavorable conclusions about Applicant's security eligibility. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

07/21/2004

Applicant incurred eight debts exceeding $9,000.00 after being granted bankruptcy protection in 1999. He has successfully mitigated this concern as a result of aggressively resolving or paying these debts. Applicant was arrested eight times for criminal offenses and cited one time for a traffic-related offense from 1989 to 2002. Six of these arrests involved some form of physical altercation. Applicant asserts that only one of those arrests, which occurred in 1997, resulted in a conviction. Applicant falsified his 2002 security clearance application by failing to list pertinent past arrests. Applicant did not mitigate the


Drugs

07/21/2004

As an undergraduate student from 1984 to 1988, Applicant smoked marijuana while socializing in the dormitory and experimented with psychedelic mushrooms twice and LSD once. He used marijuana a few times during his first year of graduate school in 1989, on a couple of occasions in the 1990s, and again in December 2001, when he smoked it with a friend from childhood. He accepted the offer of his friend to smoke marijuana knowing it was illegal and inconsistent with his obligations as a cleared employee working for a defense contractor. His more recent involvement with marijuana raises serious concerns for his judgment, reliability, and trustworthiness. Clearance is denied.


Personal Conduct

07/21/2004

Applicant is a 43-year-old employee of a defense contractor who failed to give accurate information on his 1999 application for a security clearance (SF 86) relating to criminal record and use of marijuana. He omitted the information deliberately in an effort to secure a position with an employer doing classified work in U.S. embassies. He obtained the position and has held it for the past five years. Clearance is denied.


Criminal Conduct

07/21/2004

The federal government is not required to wait until an applicant has mishandled or failed to safeguard classified information before it can decide whether to deny or revoke access to such information. The presence or absence of security violations is irrelevant to whether 10 U.S.C. 986 applies to an applicant's case. A state pardon does not negate the applicability of 10 U.S.C. 986. The Administrative Judge properly concluded that Applicant's April 1995 conviction falls under 10 U.S.C. 986 and application of that statute precludes a favorable security clearance decision. The Board does not recommend Applicant's case be considered further for a meritorious waiver under 10 U.S.C. 986. Adverse decision affirmed.


Financial; Personal Conduct

07/21/2004

Applicant has a history of not meeting his financial obligations. He failed to mitigate the personnel security concerns raised by his failure to pay his debts in a timely manner and his deliberate omission from his security clearance application of relevant and material information concerning those debts. Clearance is denied.


Financial; Personal Conduct

07/21/2004

Applicant's failure to pay his federal income taxes for many years has resulted in excessive financial indebtedness that he has not mitigated. Clearance is denied.


Drugs

07/20/2004

Applicant used several illegal drugs from his freshman year in high school in 1990 until October 2001. Applicant mitigated security concerns raised by his drug involvement by changing his lifestyle, quitting drug use, and his demonstrated intent not to use drugs in the future. Clearance is granted.


Financial; Personal Conduct

07/20/2004

After debts were discharged in a Chapter 7 bankruptcy in 1999, Applicant subsequently incurred approximately $12,000.00 in delinquent debts as a result of job relocation and difficulties with his wife culminating in divorce where he was granted custody of their four children. He proved payment of all but one debt. Two petitions for protective orders by his former wife were filed against him. One was dismissed at her request and the other was dismissed by the court. Applicant has mitigated security concerns raised by his financial condition and personal conduct. Clearance is granted.


Alcohol; Personal Conduct

07/20/2004

Applicant's five alcohol-related incidents between April 1990 and June 2002 and his continued drinking to the point of impairment demonstrates alcohol abuse. Falsifying his July 2002 clearance application demonstrates his willingness to conceal the truth if it conflicts with his personal interests. Smith Amendment (10 U.S.C. 986) also requires denial of clearance. Clearance denied.


Financial; Personal Conduct

07/20/2004

The presence or absence of a particular Adjudicative Guidelines disqualifying or mitigating condition is not solely dispositive 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. Given the record evidence in this case, the Judge was not required to give controlling or dispositive weight to Financial Considerations Mitigating Conditions 3 and 6. Given the Judge's finding that Applicant's financial difficulties were still largely unresolved at the time of the hearing, the Judge was not required to conclude Applicant's history of financial difficulties was "not recent" and apply Financial Considerations Mitigating Condition 1. The security significance of Applicant's overall history of financial difficulties is independent of whether Applicant will be economically affected by an unfavorable security clearance decision. Adverse decision affirmed.


Foreign Preference; Foreign Influence

07/20/2004

Applicant sought a copy of his Iranian birth certificate. The Iranian government would not issue that copy unless Applicant supplied an official document showing his birth date. The only such document Applicant had was his expired Iranian passport. Applicant paid the $300 fee, sent the passport which the Iranian government renewed, and Applicant then received his birth certificate from Iran. Applicant has not surrendered that passport. Applicant's mother and one sister own property in Iran which they are trying to sell. His mother is a U.S. citizen, his sister a permanent resident, and both live at least six months in Iran trying to sell that property. Applicant did not mitigate the foreign preference security concern. He did mitigate the foreign influence security concern. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

07/20/2004

Applicant's dual citizenship, including possession of a valid foreign passport has been mitigated. Furthermore, the Applicant did not intentionally falsify a security clearance application. Clearance is granted.


Financial; Personal Conduct

07/20/2004

Applicant has 19 delinquent debts alleged in the Statement of Reasons (SOR). He mitigated a number of them, and has made attempts to pay the others. Several debts alleged are actually the same debt listed by different collectors on the credit report. Applicant's presentation at the hearing and his documentary evidence show clearly that he is confused about the extent of his debts and whether they are past due more than 180 days. Applicant did not mitigate all of the financial considerations security concern, and also did not mitigate the personal conduct security concern. Clearance is denied.


Personal Conduct

07/19/2004

Applicant's personal conduct in the faxing of proprietary information knowing that it would be communicated to an Israeli military company, and his subsequent inconsistent statements concerning this conduct, shows poor judgment and unreliability. Clearance is denied.


Personal Conduct; Criminal Conduct

07/19/2004

Given the record evidence in this case, the Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. The beyond a reasonable doubt standard does not apply to DOHA proceedings, even when a case involves an allegation of criminal conduct. The serious negative security implications of Applicant's deliberate falsification of a security clearance application do not turn on whether his falsification is analyzed under Guideline E or Guideline J. Purported constitutional claims warrant more than a conclusory one-sentence assertion bereft of any cogent argument, analysis, or citation of legal authority. Adverse decision affirmed.


Criminal Conduct

07/16/2004

In 1976, when he was 18 years old, Applicant was convicted of possession of marijuana and, later that year, of drinking in public. In 1978, he was convicted of felony possession of marijuana and sentenced to confinement for five years, suspended. Applicant mitigated the security concerns raised by his criminal conduct, but absent a waiver from the Secretary of Defense, is barred from receiving a security clearance under 10 U.S.C. 986. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Sexual Behavior; Criminal Conduct

07/16/2004

Applicant was convicted of four counts of Indecent Behavior with a Juvenile in 1985, and sentenced to two and one-half years in jail on each count, with five years being suspended. He served approximately two years in jail, was paroled in November 1987, and remained on probation until May 1990. 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.


Financial

07/16/2004

Applicant incurred $80,000 in debt over 10 years. She filed a Chapter 13 bankruptcy in 2001, on which she has paid faithfully for three years. She has one year remaining until discharge. Applicant is an office administrator for a defense contractor. Applicant mitigated the financial consideration security concern. Clearance is granted.


Criminal Conduct; Personal Conduct

07/16/2004

Applicant has a history of use, purchases and sales of illegal substances for which he was arrested and charged in one such instance sales/distribution in 1996 and placed on probation. By testing positive in a random drug test administered by his probation department in 1997 his probation was extended a year. Applicant has not been in trouble with law enforcement since his last arrest in 1997 and not been involved in illegal drugs of any kind since his 1997 arrest. Allegations covered by Guideline J are, accordingly, mitigated. However, Applicant's understatement of his cocaine use in his SF-86 is not mitigated under any of the pertinent mitigation guidelines and raise continuing security concerns about Applicant's judgment and reliability. Clearance is denied.


Financial; Personal Conduct

07/16/2004

Applicant has a history of delinquent debts he accrued in connection with medical care he received and was initially assumed to be covered by his medical insurance and debts incurred with a business he started in 1998 and failed financially despite all of his funding support. Unable to address his debts for the ensuing three years due to the unanticipated medical complications of his spouse (whose short term medical disability expired), he has since paid all but two of his debts with the aid of a loan from his father-in-law, who he is repaying at an agreed monthly rate. Applicant by his good-faith payment efforts mitigates security concerns associated with his delinquent debts, and he successfully refutes allegations of falsification of his security clearance application (SF-86) by a demonstrated misunderstanding of the age of his debts. Clearance is granted.


Foreign Preference; Foreign Influence

07/16/2004

The Applicant came from Taiwan to the United States in 1989. He pursued a Ph. D. Degree at an American university, and was naturalized in 2001. He retained his Taiwanese passport, which he used to travel to Taiwan later in 2001. In January of 2004, the Applicant renounced his Taiwanese citizenship and surrendered his passport. The Applicant's parents and two brothers are citizens of and reside in Taiwan. His father is retired from a private company. His mother is a housewife. His two brothers work for private companies. His parents-in-law are citizens of the People's Republic of China (PRC), but reside in the U.S. He has little contact with four other friends who are citizens of and reside in Taiwan. He would not submit to coercion, exploitation or pressure from a foreign government vis-a-vis his foreign relatives. Mitigation is shown. Clearance is granted.


Criminal Conduct; Personal Conduct

07/16/2004

Application of the Adjudicative Guidelines requires the exercise of sound discretion in light of the record evidence as a whole. An Administrative Judge can find that an applicant has engaged in criminal conduct even if the criminal charges against the applicant were dropped. Applicant's history of criminal conduct provided a rational basis for the Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Foreign Influence

07/16/2004

Applicant was born in Taiwan and immigrated to the U.S. in 1973. She has been a U.S. citizen for over 20 years and has held a security clearance for 14 years. Applicant mitigated foreign influence security concerns raised because of her immediate family members who are citizen residents of Taiwan. Clearance is granted.


Criminal Conduct

07/16/2004

Applicant was arrested five times within three years as a result of domestic disputes with his bipolar wife. Applicant mitigated criminal conduct security concerns by getting his wife the medical and psychiatric help she needed and by learning coping skills through a domestic violence treatment program. Clearance is granted.


Criminal Conduct

07/16/2004

Absent unusual circumstances, any flaw or failing with the synopsis of an Administrative Judge's decision is not likely to demonstrate harmful error. The Administrative Judge was not required to apply Adjudicative Guideline mitigating conditions from a Guideline that was not alleged in the SOR issued to Applicant. The Judge's findings of fact about Applicant's criminal record are sufficient to support his adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Drugs

07/16/2004

Applicant smoked marijuana on five occasions between June 1991 and May 2000. During that time she was employed by a defense contractor and held a secret security clearance. She has failed to mitigate her drug involvement. Clearance is denied.


Drugs; Criminal Conduct; Alcohol; Personal Conduct

07/16/2004

Applicant is 24 years old and works for a defense contractor. He has a history of marijuna and alcohol use, and four uses of LSD, all during his college years. He started using marijuana and drinking alcohol while in high school. He has two DUI arrests, and two possession of marijuna charges. Applicant ceased using alcohol and marijuana substantially after his auto accident in November 2000 which could have killed him. His last use of either substance was in mid-2002. Applicant falsified his security clearance applications in 2001. Applicant mitigated the alcohol and drug use security concerns. Applicant did not mitigate the criminal conduct and personal conduct security concerns. Clearance is denied.


Drugs; Personal Conduct

07/16/2004

Applicant, a 34-year-old employee of a government contractor, used marijuana repeatedly from October 1990 until December 1994 and then yearly until September 2000. Applicant also used LSD and psychoactive mushrooms. He failed to disclose his drug use on his SF 86 prepared in July 2000 because he feared the loss of his employment. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

07/16/2004

Applicant is 38 years old, married with three children, and employed by a defense contractor He has a 1999 court-martial conviction for assaulting his wife, and a 2000 civilian arrest for similar conduct, reduced to disorderly conduct. Applicant gave false information about these incidents to investigators during his security clearance application process. Applicant also has delinquent debts which he has not paid, even after his income increased substantially in the past three years and he reduced his expenses. Applicant has not mitigated the personal conduct and financial considerations security concerns. He mitigated the criminal conduct security concern. Clearance is denied.


Foreign Influence

07/15/2004

The Applicant came from Iran to the United States in 1984. She married a native born American in 1993, and became a naturalized citizen in 1995. She attended college in the U.S., and received a degree in 2001. Her father, mother and sister are citizens of and live in Iran. Her father is 83 and her mother 76. Both retired before the Iranian revolution. Her sister works for a private insurance company as an underwriter. Her contact with her Iranian relatives is limited to 3 or 4 times a year. She owns a 1/3 interest in her parents house. She intends to transfer her interest to her sister, and her interest pales in comparison to her and her spouse's $400,000 net worth in the U.S. She would not submit to coercion, exploitation or pressure from a foreign government vis-a-vis her Iranian relatives. Mitigation is shown. Clearance is granted.


Personal Conduct; Financial; Criminal Conduct

07/15/2004

Applicant's financial problems (Guideline F) are mitigated because they were caused by her husband's loss of income and because she appears to have her debt under control. However, she has failed to mitigate the security concerns about her deliberate falsification of her security questionnaire (Guideline E) and an arrest for shoplifting (Guideline J). Clearance is denied.


Alcohol; Drugs; Personal Conduct

07/15/2004

Applicant has been a user and sometime abuser of alcohol since age 15 and used marijuana twice a year over a five year period ending in December 2000. He was arrested in June 2000 and charged with driving while intoxicated and possession of marijuana. He plead not guilty and was sentenced on the driving charge to one year of probation. The drug charge was dropped. His probationary period was extended for six months until December 2002 for a probation violation. During that period he regularly attended AA by court direction and another program on his own. He has shown a profound change in his conduct and attitude as reflected in the evidence at the hearing and supporting documentation. Clearance is granted.


Financial

07/15/2004

There is a rebuttable presumption that an Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. The fact that the Judge found Applicant's evidence to be unpersuasive, or Applicant's ability to point to favorable evidence in the record, does not mean that the Judge ignored Applicant's evidence. The Board need not agree with the Judge's conclusions about Applicant's history of financial difficulties to decide that Applicant has not shown those conclusions are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Alcohol; Financial; Personal Conduct

07/15/2004

Applicant is a 47-year-old employee of a defense contractor who has had alcohol and debt problems and omissions on her application for a security clearance (SF 86). She has had a serious problem with alcohol resulting in two DUI arrests and convictions in 1993 and 1998. She has been in treatment for alcoholism and has been an active participant in AA since 1999 and in hospital treatment prior to that time. She has shown considerable courage in seeking to solve her problem but has relapsed several times in the last six years most recently a few months ago. Clearance is denied.


Foreign Preference; Foreign Influence

07/15/2004

A decision by a Hearing Office Administrative Judge is not legally binding precedent on another Hearing Office Judge or the Board. Under the terms of the ASDC3I memorandum on foreign passports, Applicant's possession of a current Iranian passport provides a rational basis for the Judge's adverse conclusions under Guideline C. "Legal necessity" defense raised with respect to possession of a foreign passport is precluded by the terms of the ASDC3I memorandum on foreign passports. The Judge was not required to consider the facts and circumstances of Applicant's ties with family members living in Iran, one family member at a time. To the contrary, the Judge had to consider the totality of Applicant's ties with family members living in Iran. Given the record evidence in this case, the Judge had a rational basis for concluding the totality of the facts and circumstances of Applicant's ties with family members living in Iran raises security concerns under Guideline B. Adverse decision affirmed.


Personal Conduct

07/15/2004

Given the record evidence in this case, the Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. Given the record evidence in this case, the Judge's analysis is consistent with the whole person concept. A party is required to make appeal arguments with sufficient specificity to enable the Board to determine with reasonable certainty what the party's claim of error is. Adverse decision affirmed.


Financial; Personal Conduct

07/14/2004

Applicant's willful failure to file his federal income tax returns for 12 straight years--and the ensuing financial troubles caused by IRS assessment of taxes, penalties, and interest--renders him an unsuitable candidate for a security clearance. Clearance denied.


Financial

07/13/2004

Applicant's pattern of financial irresponsibility renders him an unsuitable candidate for a security clearance. Clearance denied.


Sexual Conduct; Personal Conduct

07/13/2004

Applicant's sexual conduct and failure to admit such conduct in a signed, sworn statement raised sexual behavior, personal conduct, and criminal conduct security concerns. Applicant failed to mitigate the security concerns. Clearance is denied.


Financial

07/13/2004


Criminal Conduct, Personal Conduct

07/12/2004

Applicant has a history of adverse criminal and personal conduct concerns. He was charged with 21 moving violations from 1994 to 2002. Additionally, he was charged with unlawfully carrying a weapon in 1992, later dismissed, arrested and convicted for failure to pay a moving traffic violation in 1995, arrested with fleeing - eluding the police in 1996, dismissed upon completion of probation, arrested and convicted for failure to pay five moving traffic violations in 1998, charged with and convicted of seven counts of failure to appear in 1998, and arrested and convicted of driving while intoxicated in 2002. He failed to mitigate both concerns. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

07/12/2004

Applicant's falsification of his clearance application and financial irresponsibility renders him an unsuitable candidate for a security clearance. Clearance denied.


Personal Conduct

07/12/2004

Applicant deliberately omitted from a November 2001 security clearance application (SF 86) his past use of marijuana. He was also issued a citation for possessing alcohol as a minor and was fired twice from two jobs by the same municipal employer by age 18. While his employment problems and alcohol-related arrest may be excused out of youthful inexperience, Applicant provided nothing to refute, mitigate, or extenuate the security significance under Guideline E (personal conduct) of his falsification. Clearance is denied.


Sexual Behavior; Personal Conduct

07/08/2004

Applicant has failed to rebut or overcome the presumption that the Administrative Judge considered all the record evidence. The Judge's finding that Applicant is vulnerable to coercion or blackmail reflects a reasonable interpretation of the record evidence as a whole. There is insufficient record evidence to support the Judge's finding that Applicant refused to cooperate with an investigator in October 2002. A favorable security clearance by the Navy in 1990-1991 did not preclude the Judge from evaluating Applicant's current security eligibility. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

07/08/2004

Applicant who falsified his 2000 SF-86 by omitting his court ordered counseling associated with a 1998 DuI convictions and an earlier 1997 DuI arrest/conviction fails to mitigate security concerns raised by his lack of candor. Applicant mitigates security concerns associated with his three alcohol-related offenses between 1982 and 1998. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

07/08/2004

This 32-year-old field service representative was arrested and convicted of alcohol-related offenses in 1997 (three felonies and consecutive sentences to more than one year incarceration) and 2003 (misdemeanor DUI). He violated his 1998-imposed probation in 2002. He received a general discharge from the Air Force in 1998. The 1998 conviction and sentence bring him within the provisions of 10 U.S.C. 986, which make him ineligible to hold a security clearance. His overall alcohol abuse and related arrests also warrant a finding of ineligibility. No mitigation has been established. Clearance is denied.


Personal Conduct; Criminal Conduct

07/08/2004

The Administrative Judge did not make any ruling in this case that would provide a factual predicate for Applicant's claim that he was denied equal protection. An appeal is a proceeding to litigate claims of factual or legal error in the adjudication of an applicant's case, not a forum to litigate legal hypotheticals or seek advisory opinions from the Board. A DOHA proceeding is not a forum to adjudicate the desirability or wisdom of the Directive, or the pros and cons of amending or revising it. Under the Directive, there is no authority to grant a conditional or probationary security clearance. Applicant does not articulate any persuasive reasons for why the Judge should have concluded that Applicant's acts of deliberate falsification on three separate occasions were mitigated by the passage of time. Adverse decision affirmed.


Personal Conduct; Financial; Alcohol; Drugs; Criminal Conduct

07/07/2004

Applicant's long-standing indebtedness and his intentional falsification of material facts on a Security Clearance Application (SCA) preclude a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

07/07/2004

There is no right to a security clearance, and a decision to grant or continue a security clearance does not give rise to any right or vested interest in keeping it. A decision to grant or continue a security clearance made before the effective date of 10 U.S.C. 986 does not preclude application of that statute. The Administrative Judge properly concluded that 10 U.S.C. 986 precluded a favorable security clearance decision in this case. Board cannot consider new evidence on appeal. Board does not recommend further consideration of this case for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Sexual Behavior; Criminal Conduct; Personal Conduct

07/06/2004

Given the record evidence in this case, the Administrative Judge did not err by concluding Applicant's past acts of sexual misconduct left him vulnerable to coercion or undue influence. Considering the record as a whole, Applicant has not shown the Judge's findings and conclusions are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial; Personal Conduct

07/06/2004

Applicant's pattern of financial irresponsibility renders him an unsuitable candidate for a security clearance. Clearance denied.


Financial

07/06/2004

Applicant's history of financial irresponsibility since 1992 renders him an unsuitable candidate for a security clearance. Clearance denied.


Sexual Behavior; Criminal Conduct; Personal Conduct

07/02/2004


Drugs

07/02/2004

Applicant used marijuana regularly between 1994 and 2001. He still associates several times a month with friends who use marijuana, sometimes in his presence. He has failed to mitigate the security concerns as expressed in Guideline H (drug involvement). Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

07/01/2004

Although Applicant renounced his Israeli citizenship and surrendered his Israeli passport in compliance with the Money Memorandum, his demonstrated foreign preference was not mitigated where Applicant used his Israeli passport to travel to Israel after acquiring U.S. citizenship knowing that Israel considered him an Israeli citizen and required him to use his Israeli passport. Applicant intended to retain his Israeli citizenship and passport to travel to Israel to visit his mother until faced with the inalterable requirement of the Money Memo. Applicant was also subject to foreign influence where his mother was a citizen and resident of Israel and Applicant had consented to regular contact by Israeli intelligence officers in the U.S. for over a decade to ensure that she was not subjected to any adverse consequences. Clearance denied.


Alcohol; Criminal Conduct; Personal Conduct

06/30/2004

Applicant has a more than 30 year history of drinking alcohol to excess. His drinking resulted in arrests and convictions for driving under the influence in 1970, 1989, 1993 and 2000. He also received treatment in 1989 and 2000-2001. The treatment was not successful as the Applicant continues to drink despite its effect on his personal life. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Foreign Preference; Foreign Influence

06/30/2004

The Applicant came from Iran to the United States in 1988. She attended college in the U.S., and graduated in 1995. She was also naturalized in 1995. When she became a U.S. citizen, she renounced her Iranian citizenship. She retained her Iranian passport, however, and used it to travel to Iran in 2000 and in 2001 to visit her parents. Her parents now live in the U.S.; and as such, she intends no future visits to Iran. She surrendered her Iranian passport in February of 2003. Her brother lives in Iran where he works for a private bank. He has applied for a green card to immigrate to the U.S. Her in-laws are citizens of and live in Iran. They are farmers. She has little contact with them. Mitigation is shown. Clearance is granted.


Criminal Conduct

06/30/2004

Applicant with an otherwise clean record of holding a security clearance since 1985, who pleaded guilty to one count of battery in connection with a domestic violence incident in March 2001, satisfied probation conditions and otherwise persuades he and his wife have a stable marriage with no other such incidents to mar their successful 20-year plus marriage. Applicant mitigates security concerns associated with his isolated domestic violence incident. Clearance is granted.


Personal Conduct; Alcohol; Mental; Criminal Conduct

06/30/2004

Applicant deliberately omitted relevant information about his arrest record and mental health counseling from his April 2002 security clearance application (SF 86). He also has a mental condition that could impair his judgment. While his alcohol consumption (Guideline G) is not a security concern, Applicant has failed to mitigate the impact of his criminal conduct (Guideline J), mental health issues (Guideline I), or deliberate falsification of security clearance questionnaires (Guideline E). Clearance is denied.


Financial

06/30/2004

Applicant with history of delinquent debts accumulated during periods of his prior marriage, while extenuated some by work shortage and extra expense, have not been materially addressed with his increased resources (save for child support payments) and are not mitigated. Clearance is denied.


Foreign Influence

06/30/2004


Personal Conduct

06/30/2004


Personal Conduct; Sexual Behavior

06/30/2004

Applicant repeatedly engaged in sexual activities with a 14-year-old girl between January 1999 and March 1999. A member of the military at the time, he was convicted at a special court martial of Indecent Acts and Liberties with a Minor, a violation of Article 120 of the Uniform Code of Military Justice (UCMJ). He was jailed for five months, reduced in grade with a total forfeiture of pay, and given a bad conduct discharge. During his background investigation, he lied to an investigator about what he knew about the victim's age when he had sex with her. Clearance is denied.


Financial; Personal Conduct

06/30/2004

While her marital problems in 1997 and a medical bill establish some extenuation for her inability to resolve her delinquent debts in a responsible manner, Applicant has offered no evidence of financial counseling or a sustained, good-faith effort to repay her creditors. There is insufficient evidence to find Applicant deliberately falsified question 38 of her security clearance questionnaire (SCA) in January 2001. Clearance is denied.


Criminal Conduct; Personal Conduct

06/30/2004

Board cannot consider new evidence on appeal. Given the record evidence in this case, the Administrative Judge's finding that Applicant falsified a security clearance application by not disclosing his criminal record is sustainable. It was not arbitrary, capricious, or contrary to law for the Judge to conclude Applicant had not presented evidence that mitigated his falsification of the security clearance application. The Judge's factual error concerning Applicant's age was harmless under the particular facts of this case. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

06/30/2004

Applicant, a former Chief Petty Officer in the U.S. Navy, committed various violations of the Uniform Code of Military Justice (UCMJ) during his career. He also deliberately omitted some of the relevant information about those violations from his most recent security clearance questionnaire. He has failed to mitigate the resulting security concerns about his criminal conduct (Guideline J) and personal conduct (Guideline E). Clearance is denied.


Foreign Influence

06/29/2004

Applicant's foreign family ties have been mitigated and do not raise a security concern. Clearance is granted.


Financial

06/29/2004

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


Criminal Conduct; Personal Conduct

06/29/2004

Applicant's two incidents of spousal abuse occurred over three years before the record closed with no evidence of recurrence. The traffic citations were all minor and also over three years in the past. That span of time with no further incidents shows sufficient mitigation. Adverse inference is overcome. Clearance is granted.


Alcohol

06/29/2004

Applicant has mitigated two DUI offense, the latest of which occurred over four and a half years ago. There is no evidence to indicate that Applicant is an alcoholic, drinks to excess, or even routinely drinks. Applicant appears to have addressed his problem by ensuring he never drives while drinking. He only drinks at home or away from home when he can walk there or others can drive. Applicant's drinking does not appear to be frequent or routine. He appears to be a social drinker, drinking with friends or relatives while watching sporting events or at a family get-together. Though already moderate, moreover, Applicant's use of alcohol appears to be declining as he spends more time with his fiancée, who does not drink. Clearance is granted.


Criminal Conduct; Personal Conduct

06/29/2004

Applicant who was court martialed for extended unauthorized absence and later awarded non-judicial punishment for testing positive for illegal drugs, which was followed by administrative separation, fails to mitigate Government security concerns despite encouraging progress in avoiding drugs since 2002. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

06/29/2004

Applicant's intentional falsification of material facts on a Security Clearance Application (SCA) requires a denial of his clearance request. Clearance is denied.


Financial

06/29/2004

Applicant failed to mitigate security concerns raised by his delinquent debts. Although he signed a petition for bankruptcy under Chapter 7 the day before the hearing and paid his attorney, the petition had not been filed and there is no evidence the debts would be discharged. Clearance is denied.


Financial

06/29/2004

Applicant's financial problems raised security concerns after he and his wife allowed their home to go into foreclosure in 2000 while they were divorcing. The forced sale resulted in a $13,000 deficiency. Instead of resolving this debt immediately, he chose to prioritize his credit card debt which he substantially reduced. He mitigated this concern as he otherwise has a favorable financial record. Conditions that led to the debt were largely beyond his control. While Applicant provided no evidence that he has received counseling for this financial problem, he did seek legal advice. He established that it is unlikely that these conditions will recur as he now has appreciable resources from a stable job and substantial income. The Judgement for a Deficiency Degree for this 2000 debt was vacated in January 2004 when he was not served properly. Clearance is granted.


Personal Conduct; Criminal Conduct

06/29/2004

Applicant who falsified his SF-86 by omitting two prior alcohol-related arrests/charges while in the military, for which he received non-judicial punishment, and who failed to correct his omissions until interviewed by a DSS agent 17 months later, fails to mitigate security concerns associated with falsification of his security questionnaire. Clearance is denied.


Foreign Influence

06/29/2004

Applicant is potentially subject to foreign influence where her siblings, in-laws, extended family members, and friends are citizens and residents of the People's Republic of China. Clearance denied.


Foreign Influence

06/29/2004

Applicant's foreign family ties have been mitigated and do not raise a security concern. Clearance is granted.


Foreign Influence; Foreign Preference

06/29/2004

Appealing party must raise claims of error with specificity. An appeal brief can lack specificity in different ways. Department Counsel has failed to demonstrate the Administrative Judge's favorable conclusions under Guideline C (Foreign Preference) are arbitrary, capricious, or contrary to law. The Judge's interpretation and application of Foreign Influence Mitigating Condition 1 was arbitrary, capricious, and contrary to law. The Judge erred by relying on a prior Board decision that was factually distinguishable from this case, and which involved the interpretation of an earlier version of the Adjudicative Guidelines. Judge failed to articulate a rational basis for concluding that Applicant had mitigated his vulnerability to coercion or pressure when he travels to Syria. Favorable decision reversed.


Drugs; Criminal Conduct

06/29/2004

Applicant who used illegal drugs, experimented with controlled substances and distributed illegal drugs he had stolen from the hospital center where he was employed for three years spanning 1996-1999 fails to mitigate security concerns associated with his drug abuse and 1999 guilty plea arising out of his having illegal and controlled drugs seized from him by police in 1999. Clearance is denied.


Drugs; Personal Conduct

06/29/2004

After using marijuana from about 1975 to 1978, Applicant remained drug-free until 1983 when he started using cocaine while he held a security clearance. "Scared straight" by his arrest and conviction of possession with intent to sell charges in 1987, Applicant has not used any illicit drug since, mitigating the drug involvement concerns. Personal conduct concerns persist because of his extremely poor judgment in using cocaine while he had a clearance and because of his failure to list that use on his February 2002 security clearance application. Clearance is denied.


Criminal Conduct; Personal Conduct

06/29/2004

Applicant's criminal conduct in 1995 and personal conduct concerns over the resulting fine can be mitigated because of the passage of time and because he has completed probation and now resolved the fine in full. Also, he credibly established he had no intent to falsify when he failed to disclose his termination from a part-time job in 1996 after an administrative tribunal found he was dismissed unfairly; he believed he had no need to disclose a part-time job. However, he failed to mitigate personal conduct concerns over his failure to disclose a 1999 unpaid judgment when he failed to pay his fine in full and over his failure to disclose his travel to Mexico. Also, personal concerns persist as he failed to provide truthful information about his 1995 arrest in his security interview in October 2000. Clearance is denied.


Alcohol; Personal Conduct

06/29/2004

Considering the record evidence as a whole, the Administrative Judge's findings that Applicant engaged in falsification in August 2001 and February 2003 are sustainable. However, the Judge's finding that Applicant falsified a written statement in January 2002 is not sustainable. Although it is legally permissible for Department Counsel to make arguments in a File of Relevant Material, such arguments do not constitute record evidence. Proof of silence or an omission, standing alone, is not proof of a deliberate falsification. Rather, there must be some evidence -- direct or circumstantial -- that the person who remains silent or who does not disclose particular information was asked a question that a reasonable person would know or should know calls for disclosure of the particular information. The Judge's sustainable findings of falsification provide a rational basis for the Judge to reach adverse conclusions about Applicant's judgment, reliability, and trustworthiness. Adverse decision affirmed.


Financial

06/29/2004

Applicant's financial problems raise security concerns as she and her husband have repeatedly chosen to resolve their debts by resorting to bankruptcy under Chapter 7 in 1989, under Chapter 13 in1990, and again under Chapter 7 in 2001 where over $50,000 in debts were discharged. She provided insufficient evidence to establish that conditions that led to that debt were largely beyond her control. Further, Applicant provided no evidence that she has received or is receiving counseling for her financial problems to assure that these conditions will not recur. Clearance is denied.


Personal Conduct; Financial; Drugs

06/29/2004

Applicant's use of marijuana from age 13 to 19 is mitigated by seven years of abstinence and a demonstrated intent not to use in the future. Her financial difficulties, which arose during her marriage and were compounded by her divorce, are mitigated by her discharge in bankruptcy and her current sound financial status. However, she has not mitigated her falsification of her Security Clearance Questionnaire (SF 86) wherein she omitted her drug use because she did not want to lose her job. Clearance is denied.


Financial; Personal Conduct

06/28/2004

Applicant is a 28-year-old electrical engineer who owes approximately $20,000 in delinquent debt. His financial problems, which began in 1999 because he was spending more than he could afford, were exacerbated by an unforeseen job layoff in January 2000. He has satisfied or settled three of his delinquent accounts, but despite an annual salary of $56,500, he has no reserve funds to devote to repayment of the others. It is too soon to conclude that his financial problems are behind him. Personal Conduct concerns also persist because he was not fully candid about his financial delinquencies when he completed his security clearance application. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

06/28/2004

Applicant's history of alcohol abuse is not mitigated where it was punctuated by two alcohol-related incidents between November 1999 and October 2001, and where Applicant continues to drink. Falsification of his clearance application in April 2000 suggests he cannot be relied upon to disclose the truth if it conflicts with his personal interests. Clearance denied.


Financial Considerations

06/28/2004

Applicant is a clerical worker for a defense contractor. Enticed by easy credit and credit cards, she incurred debts which she found difficult to pay. Borrowing to pay those debts led to other unpaid obligations. Applicant has a plan to repay her debts, and lives simply to enhance her ability to repay her delinquent debts. Applicant mitigated the financial consideration concern. Clearance is granted.


Alcohol; Criminal Conduct

06/28/2004

Applicant successfully mitigated alcohol consumption and criminal conduct security concerns raised by one assault incident and two driving with his ability impaired by alcohol incidents. Clearance is granted.


Foreign Influence

06/28/2004

Applicant is potentially subject to foreign influence where her parents and brother are citizens and residents of the People's Republic of China (PRC), and where her husband is a citizen of the PRC who uses his PRC passport to travel to the PRC on business. Clearance denied.


Financial; Personal Conduct

06/28/2004

Applicant had ten unpaid and delinquent utility, medical, and credit card debts totaling less $2500. Applicant procrastinated on paying these delinquent debts over the years they were due. Applicant also owed over $22,000 in back child support. Applicant failed to fully disclose the delinquency of these debts on his security clearance application. He did not mitigate all of the financial consideration concerns. He failed to mitigate the personal conduct concerns. Clearance is denied.


Personal Conduct; Security Violations; Information Technology

06/28/2004

Applicant committed six security violations between 1996 and 2001. Four violations occurred while employed by one defense contractor between 1996 and 1998, the other two while at another job. Applicant's claims his violations were caused in part by recently diagnosed attention deficit disorder (ADD) and by other external factors do not mitigate the security concerns engendered by his conduct. Nor has he presented sufficient evidence of mitigation through rehabilitation. While he has mitigated the Guideline M security concerns, Applicant is disqualified under Guideline K and for related Guideline E concerns. Clearance is denied.


Personal Conduct

06/28/2004

Applicant's personal conduct raised security concerns when he failed to meet his duty to disclose fully his past marijuana use on both his 1985 security form and 2000 security form (where he did admit he was arrested and convicted for drug paraphernalia in 1998), and in his initial 2001 investigative interview with the Defense Security Service (DSS). In a subsequent DSS interview in 2002, he admitted his marijuana use in 1998 admission in a signed, sworn statement which he now disclaims. However, I cannot give any weight to his subsequent disclaimer as he has limited credibility after his history of admitted false and self-serving denial of his prior drug use in his 1985 security application. Thus, he failed to mitigate these personal conduct concerns. Clearance is denied.


Financial

06/28/2004

Applicant has only established her resolution of two of the ten delinquent debts addressed by the SOR that amount to $1,541.00 of the $9,905.00 of indebtedness. After ample opportunity, her failure to document her assertion that she is back on regular payments of $73,144.00 student loan creates doubt as to whether she has done so. So too does her failure to demonstrate improved financial status by documenting that she has paid off a car loan. Supporting two children, including an autistic child, as a single parent, as well as her mother undoubtedly contribute to her financial condition. However, these circumstances do not totally excuse her failure to mitigate her indebtedness by at least demonstrating a functioning plan for resolving it. Clearance is denied.


Foreign Influence

06/28/2004

There is a rebuttable presumption that an Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. Subject to review for arbitrary and capricious action, a Judge is entitled to weigh the evidence and can decide whether some evidence is entitled to great weight, some weight, or no weight at all. As to factual matters, the Judge's findings must satisfy the substantial evidence test. A favorable security clearance decision should not be made unless there is an affirmative determination that it would be clearly consistent with the national interest to grant or continue a security clearance for a given applicant. The burden of persuasion that all applicants must satisfy, regardless of the Guideline involved, is the clearly consistent with the national interest standard. Applicant has failed to show the Judge's adverse conclusions under Guideline B are arbitrary, capricious or contrary to law. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

06/25/2004

Applicant used marijuana in Vietnam from 1970 to 1971, and two or three times from 1971 to 1976. In June 1991, Applicant executed a sworn statement in which he denied any marijuana use since 1971. Following a hearing in December 1992 at which Applicant testified he had not used marijuana since 1970, his clearance was continued by the Defense Office of Hearings and Appeals (DOHA). During a reinvestigation of his background in February 2001, Applicant admitted he took puffs off marijuana cigarettes on two or three occasions from 1971 to 1976. His inconsistent statements about his marijuana use raise doubts about his judgment, reliability, and trustworthiness. Personal Conduct concerns are further compounded by his violations of security practices at his place of employment, including leaving a gate open and unattended in 1999, failing to properly secure a closed area in 2000, and allowing an unauthorized vehicle access to the facility in 2001. Clearance is denied.


Financial

06/25/2004

Applicant is a 37-year-old employee of a defense contractor who incurred approximately $25,000.00 in delinquent debts to six credit card companies. At the time of the filing of her answer to the SOR she showed evidence of payment or settlement of three of the debts totaling almost $10,000.00 and subsequently submitted documentation as to the remaining debts to show that she had settled, or paid the other accounts. Clearance is granted.


Criminal Conduct

06/25/2004

The Applicant was involved in three fights between 1997 and 1999, while he was in the Navy. There have been no incidents in over four years. Sufficient mitigation is shown. Adverse inference is overcome. Clearance is granted.


Personal Conduct; Criminal Conduct; Financial; Alcohol; Drugs

06/25/2004

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


Financial Considerations; Personal Conduct

06/25/2004

Applicant was a businessman who filed bankruptcy under Chapter 7 twice in 1998 to stave off creditors swarming around his suffering retail business. Neither bankruptcy was completed, both being used as tools to restructure Applicant's shop lease and other financial arrangements. His third Chapter 7 bankruptcy, filed and completed after his business closed, rid Applicant of various obligations. Applicant's fourth bankruptcy, a Chapter 13 petition, commenced about the time of the filing of the security clearance application (SCA). Only the third bankruptcy was disclosed on his SCA. Applicant mitigated the financial considerations security concerns, but did not mitigate the personal conduct security concern. Clearance is denied.


Drugs; Personal Conduct

06/25/2004

Applicant is an employee of a defense contractor who has used marijuana at various times from 1995 until 2001 when he submitted his application for a security clearance (SF 86). He stopped using marijuana late in 1998 in preparation for a job interview and again for over a year in 2000 while he was in a job search. He began using again in 2001 when he realized his employer did not require drug testing. Applicant used ecstasy once in July 2000, and, although he states an intention not to use drugs because of his work, his past record of use and rationale for occasional cessation of use disqualify him from having a clearance. Clearance is denied.


Alcohol

06/25/2004

Applicant's extensive history of alcohol abuse is not mitigated where it was punctuated by six alcohol-related incidents between January 1976 and January 1998, and where Applicant continues to drink. Clearance denied.


Financial

06/24/2004

Applicant has delinquent debts totaling more than $6,400. Although some of the debts resulted from conditions beyond her control, Applicant failed to demonstrate the likelihood that the delinquencies would be resolved in the near future. Clearance is denied.


Financial; Personal Conduct

06/24/2004

Applicant has had a history of financial difficulties. He has taken virtually no action to contact the creditors and pay off his debts. Based on his tenuous financial situation and his history of financial irresponsibility, Applicant has failed to demonstrate a stable and mature outlook about his finances. Applicant knew or should have known that the financial information that he provided to the Government on a Security Clearance Application (SCA) was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

06/24/2004

Applicant has failed to mitigate financial concerns, including state tax liability of more than $28,000.00 for tax year 1996. Although the amount of his liability may have been reduced as a result of the garnishment of his pay from 1998-2000, Applicant has failed to demonstrate that omissions from his security clearance application were not deliberate. Attributing his failure to list delinquent debts to his wife paying the bills does not explain his failure to list the tax liability, including the garnishment of his pay, when he discussed both at length with a DSS investigator before submitting his security clearance application. Clearance is denied.


Financial; Personal Conduct

06/24/2004

Applicant's financial indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. His intentional falsification on his security clearance application has also not been mitigated. Clearance is denied.


Financial

06/24/2004

This 33-year-old computer technician incurred five delinquent debts when his wife became pregnant and had to stop working for an extended period. He considered filing for bankruptcy several years ago, but did not do so because he thought his wife would be able to return to work and they could pay off the debts. Her return to work has been delayed and Applicant became aware that his debts had caused security concerns. This led him to file for bankruptcy protection and a Discharge of his debts was issued in January 2004. Applicant is now current with his monthly operating expenses and has no delinquent debts. Financial rehabilitation has been established. Mitigation has been shown. Clearance is granted.


Personal Conduct

06/24/2004

Guideline E is not limited to cases involving falsification. Given the record evidence in this case, the Administrative Judge had a rational basis for concluding Applicant's overall history of conduct raised questions about his judgment, reliability, and trustworthiness sufficient to shift the burden of persuasion to Applicant to present evidence of extenuation, mitigation or changed circumstances sufficient to warrant a favorable security clearance decision. The rebuttable presumption that the Judge considered all the record evidence is not rebutted or overcome merely because Applicant can point to favorable evidence that he claims the Judge should have given more weight to. Adverse decision affirmed.


Financial

06/23/2004

The Applicant has reduced the indebtedness from $10,000.00 to $4,000.00. The Applicant's recent divorce, and her ex-husband's failure to pay his share of the indebtedness, was a major cause of the problem. The Applicant has shown a good faith attempt to pay her debts or otherwise resolve them. Sufficient mitigation is shown. Adverse inference is overcome. Clearance is granted.


Financial

06/23/2004

Applicant's financial difficulties have been caused, in part, by factors beyond his control. He has initiated a good-faith effort to resolve his financial obligations. His current financial condition is stable and is likely to remain that way. Clearance is granted.


Financial; Personal Conduct

06/23/2004

Board cannot consider new evidence on appeal. Applicant cannot fairly challenge the Administrative Judge's decision based on a proffer of evidence that he did not submit for the Judge's consideration. Given the record evidence in this case, the Judge reasonably could find Applicant falsified a security clearance application. The Judge's finding of falsification provides a rational basis for the Judge's adverse conclusions about Applicant's judgment, reliability, and trustworthiness. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

06/22/2004

Applicant's 1993 sentence to four years imprisonment for death by vehicle and willful speed competition requires denial of his clearance under 10 U.S.C. 986 notwithstanding that Applicant spent no time in prison. Clearance denied.


Personal Conduct; Criminal Conduct

06/22/2004

Applicant's deliberate falsification of material facts in a sworn statement to DSS is a violation of Title 18, United States Code, Section 1001, a felony. This conduct has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Personal Conduct; Criminal Conduct

06/22/2004

Applicant's intentional falsifications during his interview with a Special Agent from DSS concerning the extent of his previous drug use and drug history have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

06/22/2004

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


Financial

06/22/2004

Applicant's pattern of financial irresponsibility renders her an unsuitable candidate for a security clearance. Clearance denied.


Financial

06/22/2004


Foreign Preference; Foreign Influence

06/22/2004

Applicant who exercised dual citizenship with Mexico to facilitate his eligibility to inherit his father's home in Mexico and ease his travel while in the country fails to mitigate security concerns associated with his shown preference for Mexico over the country of his birth, the US. Applicant mitigates security concerns associated with his parents and sister (all citizens of Mexico) residing in the US. Clearance is denied.


Personal Conduct; Drugs

06/22/2004

There is a rebuttable presumption that the Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. When assessing a witness's credibility, a Judge is not limited to considering only matters alleged in SOR. The Judge's negative credibility determination is sustainable. The Judge's finding that Applicant falsified a security clearance application by failing to fully disclose his history of marijuana use is sustainable. If the record evidence shows that a significant period of time has passed without evidence that an applicant has not engaged in misconduct, then the Judge's decision cannot simply be silent about what, as a matter of common sense, appears to be a relevant factor that could be an important aspect of the case. Under the Directive, there is no authority to grant a conditional or probationary security clearance. Decisions by Hearing Office Judges are not legally binding precedent that the Board must follow. Adverse decision affirmed.


Financial; Personal Conduct

06/21/2004

Applicant is a 42-year-old employee of a defense contractor who incurred approximately $9,000.00 in delinquent debts. She did not reveal their existence on her application for security clearance (SF 86). In her answer she admitted all of the debts and the failure to report them. She did not offer sufficient evidence or argument concerning the allegations in her answer or her statement to the investigator to mitigate the allegations. Clearance is denied.


Drugs

06/21/2004

The Applicant used marijuana, on an occasional basis, from 1978 until his last usage in May of 2002. He also purchased marijuana on several occasions. He has expressed a credible intent not to use marijuana in the future. His averment is supported by negative drug tests, by drug free certifications, and by letters of support that testify as to his trustworthiness. As the Applicant's last usage is not recent, more than two years ago, and he credibly intends no future usage, mitigation is shown. Clearance is granted.


Criminal Conduct

06/21/2004

This 51-year-old engineer was arrested and convicted of the sale of drugs in 1973 and again in 1975, when he was 21 and 23 years old. He was sentenced to more than one year on each conviction and probation violation, and actually served six months. He has not had any criminal problems for almost 30 years, has led a productive life, and has a solid work history, including possession of a DoD Security Clearance since 1987, with no problems. Adequate mitigation has been established under Criminal Conduct Guideline J. However, under 10 U.S.C. 986, Applicant's two convictions, probation violation, and sentences preclude me from granting or renewing his security clearance. Clearance is denied.


Financial

06/18/2004

Applicant's failure to file federal income tax returns for tax years, 1994, 1997, 1998, 1999, 2000 and 2001 and his failure to pay his delinquent federal and state back taxes have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Criminal Conduct; Alcohol

06/18/2004

Board cannot consider new evidence on appeal. Considering the record evidence as a whole and giving due deference to the Administrative Judge's credibility determination, the Judge's challenged findings about Applicant's episodic alcohol abuse are sustainable. Because the Board does not review cases de novo, the Board need not decide whether it would reach the same conclusions as the Judge did in this case. Given the Judge's articulated doubts as to the sufficiency of Applicant's evidence of reform, it was not arbitrary, capricious, or contrary to law for the Judge to resolve those doubts in favor of the national security. Adverse decision affirmed.


Foreign Influence

06/18/2004

Applicant married a woman whose parents are still citizen residents of Russia. Applicant failed to mitigate the resulting foreign influence security concerns. Clearance is denied.


Criminal Conduct; Alcohol

06/18/2004

There is a rebuttable presumption that an Administrative Judge considered all the record evidence. Board cannot consider new evidence on appeal. Absence of security violations does not preclude the Judge from making an unfavorable decision based on other conduct that raises security concerns. Adverse decision affirmed.


Foreign Influence

06/18/2004

A factual error identified by the Applicant was harmless because it made no substantive difference to the Administrative Judge's analysis of the case. Applicant has failed to show the Judge's conclusions about the security significance of Applicant's family ties with immediate family members in the Democratic Republic of the Congo are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial; Personal Conduct

06/18/2004

Applicant failed to mitigate the security concerns raised by his failure to pay his debts and his deliberate falsification of his security clearance application concerning those debts, judgments, a lien, and a repossession. Clearance is denied.


Financial; Personal Conduct

06/18/2004

There is a rebuttable presumption that government officials carry out their duties properly and in good faith, and a person seeking to rebut or overcome that presumption has the burden of presenting clear evidence to the contrary. Applicant's speculation about the motives of DOHA personnel falls far short of raising a colorable claim of improper conduct. Actions taken pursuant to Directive, Additional Procedural Guidance, Item E3.1.27 are outside the scope of the Board's jurisdiction and authority. The methods and scope of DSS investigations are outside scope of Board's review. Board cannot consider new evidence on appeal. Applicant's history of financial difficulties provides a rational basis for the Administrative Judge's unfavorable conclusions about Applicant's security eligibility. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

06/18/2004

Applicant is a 39-year-old employee of a defense contractor who was charged with seven specific allegations relating to criminal and alcohol-related activity and two allegations related to falsification on his application for a security clearance (SF 86). He disagreed with all of the conclusions reached in the SOR based on the allegations. His arrests and convictions were all nearly eight years old occurring between 1986 and 1996 and are mitigated by the passage of time. His explanation for failure to list three arrests on his SF 86 was insufficient to mitigate the personal conduct allegation. Clearance is denied.


Foreign Influence

06/18/2004

Applicant, a native of the Republic of Korea (South Korea), immigrated to the U.S. with his entire immediate family when he was 17. He became a naturalized United States citizen in June 1983. In December 1984, he married in South Korea a native of that country who he had met on a trip to see relatives. They established their home and had children in the U.S., while Applicant worked for a succession of U.S. firms where he was granted security clearance. In 1996, he took a job in South Korea working on commercial projects, but moved his family back to the U.S. in July 2000 due to concerns about his children's education and work demands in South Korea. He has since been employed by a U.S. defense firm and has no intent to return to South Korea to live or work. While his spouse's parents and siblings are resident citizens of South Korea and she maintains regular contact with them, there is little risk of undue foreign influence as the foreign relatives are neither agents of a foreign power nor in positions where they are likely to be exploited. Clearance is granted.


Financial

06/18/2004

This 57-year-old employee of a defense contractor has had financial problems with state tax liens since 1995. The first seven liens were resolved by the state's collection of money from Applicant's earnings, but the two most recent liens, totaling in excess of $7000 for 2001 and 2002, remain unpaid and unresolved. Applicant has the assets to resolve the debts but has not yet done so. Mitigation has not been adequately established. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

06/18/2004

Applicant's emotional turmoil and devastation over the deterioration of his 24-year marriage and the ongoing domestic dispute he had with his estranged wife and/or her boyfriend led to some aberrant behavior and incidents of alleged domestic violence against his wife and aggravated assault--reduced to assault--against the boyfriend during 1997-98. Most of the allegations were disputed by Applicant and his daughter. The court withheld adjudication of guilt on the assault charge and, with the exception of a restraining order, refused to prosecute Applicant on the other allegations. The divorce was final in 1997. He is considered fully rehabilitated. The questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct

06/17/2004

Applicant's long history of drug abuse and related criminal conduct has not been mitigated by sufficient evidence of reform and rehabilitation. He did not intend to falsify his security clearance application. Clearance is denied.


Criminal Conduct; Personal Conduct; Alcohol

06/17/2004

Applicant's history of criminal conduct and alcohol abuse, involving nine separate arrests, five of which were alcohol related, two of which involved felony convictions, and his personal conduct involving an attempt to conceal his felony convictions and an arrest in 1999 on his security clearance application, have not been mitigated by sufficient evidence or rehabilitation. Clearance is denied.


Financial

06/17/2004

Applicant has numerous delinquent accounts, totaling more than $15,000.00, that have resulted in collection actions begun, lawsuits filed, wage garnishment orders entered, autos repossessed, and accounts being reported as seriously past due. Many of the accounts have been delinquent since the mid-1990s. She recently satisfied several of the accounts by obtaining a loan secured by her husband's truck. There is little prospect the remaining accounts will be satisfied within the foreseeable future. She has failed to mitigate the security concerns caused by the financial considerations present in this case. Clearance is denied.


Financial; Personal Conduct

06/17/2004

Applicant has over $9,000 in delinquent debts. He failed to mitigate security concerns raised by his failure to satisfy his debts and list them on his security clearance application. Clearance is denied.


Alcohol; Criminal Conduct

06/17/2004

Applicant's history of alcohol abuse and criminal conduct resulting in numerous alcohol related arrests and/or convictions have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence

06/17/2004

Applicant's foreign family ties have been mitigated and do not raise a security concern. Clearance is granted.


Alcohol; Drugs

06/17/2004

Applicant used marijuana on a number of occasions when he was younger, and purchased and used marijuana with regularity between 1997 and 2000. He was arrested on August 19, 2000 after police found three marijuana cigarettes in his automobile. He was convicted of misdemeanor possession, placed on probation, ordered to attend a drug awareness program and paid a fine. He also drank as much as a case of beer a week before he was arrested. He has not consumed alcohol or controlled substances since the 2000 arrest, and is now active in narcotics anonymous and his church. Clearance is granted.


Financial; Personal Conduct

06/17/2004

Applicant is a 38-year-old employee of a defense contractor who incurred approximately $10,000.00 in debts most of them arising from a divorce and from medical expenses for herself and children. An analysis of the delinquent debts and Applicant's answer and supplemental submission indicates that the only remaining debts are for approximately $1,200.00 and are being re-paid in a systematic fashion. Her omission of information about several of the delinquencies was not deliberate. Clearance is granted.


Foreign Influence

06/16/2004

The Applicant is a naturalized American citizen of Vietnamese ancestry. She has extensive family connections in Vietnam, including her father and nine siblings. There is insufficient evidence to show that the family members are not in a position to be coerced by the Vietnamese government. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Drugs

06/16/2004

This 47-year-old plant engineer used marijuana for 29 years, with his last use in October 2003. He also purchased marijuana and has not made a credible case that he will not use the drug in the future. His current drug use brings him within the provisions of 10 U.S.C. 986. Mitigation has not been shown. Clearance is denied.


Foreign Influence; Personal Conduct

06/16/2004


Financial

06/16/2004

Though it is unfortunate Applicant's former wife did not comply with the divorce decree order requiring her to pay off her credit card liability, Applicant is still not excused from some degree of liability for the listed debts. Clearance is denied.


Foreign Influence; Personal Conduct

06/16/2004

Applicant's history of seventeen violations of law between 1997 and 2001 provided a rational basis for the Administrative Judge's adverse conclusions about Applicant's judgment and reliability. Given the record evidence in this case, it was not arbitrary, capricious, or contrary to law for the Judge to conclude that Applicant had not met his burden of demonstrating extenuation, mitigation or changed circumstances sufficient to warrant a favorable security clearance decision. Adverse decision affirmed.


Financial; Personal Conduct

06/16/2004

Applicant has a history of not meeting financial obligations, caused in part by his wife's medical condition. Despite some efforts to repay his debts through a Chapter 13 bankruptcy, Applicant continues to have trouble paying his other debts. And Applicant deliberately omitted relevant and material information from his security clearance application by failing to disclose he had debts in the previous seven years that were delinquent more than 180 days. Clearance is denied.


Criminal Conduct; Drugs; Financial; Personal Conduct

06/15/2004

This 42-year-old service technician was arrested on 13 occasions between 1983 and 1998. On two occasions, he was convicted and sentenced to more than one year of incarceration, bringing him within the provisions of 10 U.S.C. 986. In addition, he used a variety of drugs between 1978 and 1997, and falsified several answers on his security clearance application. Several delinquent debts have been paid off. Mitigation has been established only as to the Financial concerns. Clearance is denied.


Drug; Criminal Conduct; Personal Conduct

06/15/2004

In a Security Clearance Application (SCA) supplied to the Government, this thirty year old Applicant provided false and incomplete information by not admitting that he used cocaine and by greatly minimizing his usage of marijuana. He also committed criminal conduct by striking and seriously injuring his wife. Mitigation has not been shown. Clearance is denied.


Alcohol; Criminal Conduct

06/15/2004

Board cannot consider new evidence on appeal. An offer to take remedial actions in the future is not evidence of actual reform and rehabilitation. Given the record evidence of Applicant's history of alcohol abuse, it was not arbitrary or capricious for the Administrative Judge to conclude Applicant failed to satisfy his burden of persuasion under Directive, Additional Procedural Guidance, Item E3.1.15. Adverse decision affirmed.


Foreign Influence

06/15/2004

Applicant failed to mitigate security concerns raised by his sister and in-laws being residents of Lebanon and his brother being a citizen resident of Israel. Clearance is denied.


Foreign Influence; Foreign Preference

06/14/2004

The Applicant has extensive foreign contacts with her husband's family in Iran. The Applicant also obtained and used an Iranian passport for travel to Iran. The passport has expired, but under the particular circumstances of this case that fact is not determinative. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Foreign Influence; Foreign Preference

06/14/2004

Applicant, a dual citizen of the United States and Iran, has a mother-in-law and father-in-law who are citizens and residents of Iran. Applicant's parents, wife, and son are dual citizens of the United States and Iran, but reside in the United States. Applicant obtained an Iranian passport in September 1999 that does not expire until September 2004, to permit his wife and child to travel to Iran to visit her parents. Although he has indicated a willingness to surrender the Iranian passport, there is no evidence he has done so. Clearance is denied.


Drugs

06/14/2004

This forty four year old Applicant has used marijuana for many years, starting in 1975. He last used marijuana in June 2000, and he has credibly indicated that he does not intend to use marijuana in the future. Mitigation has been shown. Clearance is granted.


Foreign Influence

06/14/2004


Personal Conduct; Criminal Conduct

06/14/2004


Foreign Influence

06/14/2004


Foreign Influence; Foreign Preference

06/10/2004

Security concerns were raised regarding a 45-year-old Iranian-born naturalized U.S. citizen who was sent out of Iran by his father during the 1979 revolution when he was 19 years old. He completed degree requirements at a U.S. university, and, in 1991, became a naturalized U.S. citizen. He is married to a naturalized U.S. citizen and has a child born in the U.S. He has a permanent resident, non-U.S. citizen, mother (a citizen of Iran), two siblings who continue to be citizens and residents of Iran, and one sibling who has been granted political asylum in France. His Iranian passport has been allowed to expire and will not be renewed. He voted in one Iranian election to try to elect a moderate president in Iran. The security concerns have been mitigated by the evidence developed herein. Clearance is granted.


Alcohol; Criminal Conduct; Financial; Personal Conduct

06/10/2004

Applicant has mitigated alcohol abuse and criminal conduct, including a DUI that she committed six years ago and two 25-year-old marijuana offenses. However, Applicant has not mitigated the deliberate omission from her security clearance application of a non-judicial punishment for dereliction of duty she received a year before she retired from the military and has failed to sufficiently explain her omission of the marijuana offenses. Applicant also has failed to support her claim she is the victim of identity theft with respect to four delinquent debts in her financial history. Clearance is denied.


Criminal Conduct; Personal Conduct

06/10/2004

Applicant mitigated the personal conduct and criminal conduct security concerns raised by his history of criminal conduct and his failure to list one of his convictions on his security clearance application. But as a result of his sentence to four years in jail for possession of marijuana and ten years in jail for aggravated assault, he is disqualified from being granted a security clearance absent a waiver of 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.


Foreign Influence

06/10/2004

Applicant' wife and her family are citizens of and residents in the Republic of Korea (a/k/a South Korea). Applicant's wife is not qualified to immigrate. Applicant did not mitigate the foreign influence security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

06/09/2004

Applicant is 52-year-old man employed by a defense contractor as a janitor. Charged with five counts of misdemeanor violations of a domestic-protection order, Applicant pled no contest to two counts. In October 2002, the state court found Applicant guilty and sentenced him to be incarcerated in the county jail for 364 days for each count, to run consecutively, for a total of 728 days, which exceeds one year. The court suspended the sentence to incarceration and placed him on probation for two years, which should end in October 2004. Under 10 U.S.C. 986, the Defense Department is prohibited from granting or renewing Applicant's security clearance based on his sentence to confinement exceeding one year unless the prohibition is waived by the Secretary of Defense. Clearance is denied.


Drugs

06/09/2004

The Applicant used cocaine, with varying frequency, from 1986 to 1991. In September of 1991, she was diagnosed as suffering from "Cocaine dependence, continuous." Her prognosis was "Fair with treatment." In September or October of 1998, however, she "started snorting cocaine on a daily basis." This continued until June of 1999. Since her relapse, the Applicant has not completed any drug treatment program, nor has she received a favorable prognosis. Mitigation is not shown. Clearance is denied.


Alcohol; Personal Conduct

06/09/2004

Given the record evidence in this case, it was not arbitrary, capricious, or contrary to law for the Administrative Judge to conclude Applicant had mitigated his history of episodic alcohol abuse. The Judge erred by applying Personal Conduct Mitigating Condition 1 because Applicant's past alcohol-related incidents were pertinent to a determination of his security eligibility. Department Counsel's establishment of a prima facie case did not foreclose the possibility that Applicant could present credible evidence of an explanation that rebutted or negated the inference that he falsified a security clearance application. Given the record evidence in this case, the Board need not agree with the Judge to conclude it was legally permissible for him to find Applicant did not falsify a security clearance application. Favorable decision affirmed.


Financial

06/09/2004

Applicant failed to mitigate the security concerns raised by his delinquent debts. Although he disputed the existence of some debts and the amounts of others, and was working with a certified public accountant and a credit counseling service, he produced no evidence to demonstrate the debts were resolved or he was making substantial progress towards such resolution. Clearance is denied.


Financial

06/09/2004

Applicant's disagreement with the Administrative Judge's weighing of the record evidence is not sufficient to rebut or overcome the presumption that the Judge considered all the record evidence. DOHA proceedings are adversarial in nature and each party is responsible for gathering and presenting evidence for the Judge to consider. The Judge cannot act as a surrogate advocate for either party. A review of the proceedings below shows Applicant was on reasonable notice that he was responsible for presenting evidence on his behalf and that the Judge would base his decision on record evidence presented by the parties. The Judge gave a rational explanation for why he concluded Applicant had not mitigated the security concerns raised by his history of unresolved financial difficulties. Adverse job consequences of an unfavorable security clearance decision is not relevant or material to an assessment of the applicant's judgment, reliability os trustworthiness. Adverse decision affirmed.


Criminal Conduct

06/08/2004

Applicant is a 41-year-old software engineer for a defense contractor. In 1986, at the age of 23, he drove drunk from a party after a college football game, and seriously injured two pedestrians. He pled guilty to two charges of assault, was sentenced to 10 years in jail, and other punishments. He only served 30 days on work release, and five years probation. Since then he has not been in any trouble, and is very active in his community with volunteer activities. The Smith Amendment (10 U.S.C. 986) applies and disqualifies him 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; Alcohol

06/08/2004

Applicant is a 40-year-old corporate chief executive officer who had eight arrests for various offenses over a 19 year period. Most charges were dismissed or not prosecuted, or Applicant pled guilty to lesser included offenses. Applicant's driving under the influence charges were pled to or resulted in a jury-trial conviction. The last offense was three years ago. Applicant does not have an alcohol problem. Applicant mitigated the criminal conduct and alcohol consumption security concerns. Clearance is granted.


Criminal Conduct

06/08/2004

Fifty-three-year old Applicant's May 1984 arrest--when she was 33-years-old--for possession of four grams of methamphetamine resulted in a conviction and eventual sentence to prison for a term of not less than two months and 15 days nor more than one year and 11 months. It was her second drug-related arrest in two months. She has a spotless record since May 1984, and is considered rehabilitated. However, 10 U.S.C. 986 disqualifies her from eligibility for a security clearance. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is not recommended.


Personal Conduct

06/08/2004


Drugs; Personal Conduct

06/08/2004

On his security clearance application (SCA), Applicant admitted using marijuana once. In a December 2001 signed, sworn statement, Applicant also admitted using marijuana once after submitting his SCA and once after being granted an interim clearance. After two additional interviews, on 29 April 2003, Applicant submitted another signed, sworn statement about his drug use. The following day, he voluntarily submitted another signed, sworn statement in which he admitted deliberately omitting from the 29 April statement several other uses of marijuana while he held an interim clearance. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

06/07/2004

Applicant has a history of financial difficulties and delinquencies dating back to 1984 and he still owes approximately $20,000.00 in bad debts. Applicant has also been charged three times with writing bad checks, but he disclosed only one of these criminal charges on his most recent Security Clearance Questionnaire (SF 86). A prior background investigation had revealed financial problems, which he promised to resolve but never did. Applicant's recent actions to resolve or pay his debts, taken in response to the SOR, are insufficient to mitigate, extenuate, or refute the security concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). Clearance is denied.


Foreign Preference; Financial

06/07/2004

A citizen of the United States from birth and of Ireland from 1990, Applicant applied for derivative Irish citizenship in 1990 because of a possible transfer of his duty station to Ireland. He acquired an Irish passport which has since expired. The Foreign Preference concerns generated by his acquisition of foreign citizenship and the passport are mitigated by his demonstrated preference for the U.S. and surrender of his expired passport. Financially overextended because of past financial support for his spouse's daycare businesses, Applicant has outstanding credit card debt of $99,635 that he claims was settled by a payment of only $3,850. He is held in high regard by work associates, but his handling of his financial matters casts serious doubt on his security worthiness. Clearance is denied.


Criminal Conduct; Personal Conduct

06/07/2004

Applicant was arrested and convicted for assaulting his girlfriend. He deliberately falsified his security clearance application by failing to list the incident. Applicant mitigated the criminal conduct security concern, but not the personal conduct security concern. Clearance is denied.


Foreign Influence

06/07/2004

Applicant, born in the Republic of China (Taiwan), came to the United States in 1959 and became a United States citizen in 1973. His wife, two children, and three sisters are also United States citizens. He has a brother and mother-in-law, who are citizens of Taiwan and reside in Taiwan. His contacts with them are extremely infrequent. None of these family members, belong to, participate in, or are active with any government agency of Taiwan. They 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 his loyalty to the United States. Applicant's 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

06/07/2004


Financial; Personal Conduct

06/07/2004

A Guideline should not be construed or interpreted solely based on the Concern section of the Guideline, but rather the language of the Guideline in its entirety. The Administrative Judge's conclusions about Applicant's history of financial difficulties reflect a reasonable interpretation of the record evidence. The Judge's finding that Applicant falsified a security clearance application is sustainable. Given the record evidence in this case, it was not arbitrary or capricious for the Judge to conclude Applicant had not met his burden of persuasion under Item E3.1.15 of the Additional Procedural Guidance. Adverse decision affirmed.


Financial

06/07/2004

Applicant had financial difficulties for a number of years. Most of her past overdue debts arose during a period when she could not obtain employment. Since she has become employed, she has resolved all of her past due accounts, and she is now current with every creditor. Mitigation has been shown. Clearance is granted.


Alcohol

06/07/2004

Board will not accept an argument that asks it to ignore the plain meaning of provisions of the Adjudicative Guidelines. Board declines to interpret or construe the Directive in a manner that renders any provision meaningless or superfluous. The Adjudicative Guidelines disqualifying and mitigating conditions do not exhaust the realm of human experience or the realm of security clearance adjudications. Given the record evidence in this case, the Administrative Judge erred by applying Alcohol Consumption Mitigating Condition 2. Given the record evidence in this case, it was arbitrary and capricious for the Judge to conclude Applicant satisfied his burden of persuasion under Directive, Additional Procedural Guidance, Item E3.1.15. Favorable decision reversed.


Criminal Conduct; Drugs; Personal Conduct; Alcohol

06/04/2004

Security clearance decisions are not limited to consideration of an applicant's conduct during duty hours. Off-duty conduct that raises security concerns can be considered in assessing an applicant's security eligibility. Applicant's disagreement with the Administrative Judge's findings of fact is not sufficient to demonstrate the Judge erred in her weighing of the record evidence. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

06/04/2004

Applicant is 25 years old. He has two alcohol-related driving arrests. He was convicted in state court, and received non-judicial punishment for the military incident. Applicant does not consume alcohol at present. Applicant did not disclose the military-related incidents and alcohol treatment, allegedly upon the advice of his supervisor. Applicant did not mitigate the alcohol consumption and personal conduct security concerns. Clearance is denied.


Financial

06/03/2004

Applicant was granted three Chapter 7 bankruptcy discharges between 1988 and 2002. On each occasion, the circumstances that forced him to seek protection under the bankruptcy code were largely beyond his control. He took advantage of his last financial downturn by obtaining an education and now has well-paying employment with a defense contractor. Applicant has mitigated the security concern that arose from his financial instability. Clearance is granted.


Foreign Influence

06/03/2004


Sexual Behavior; Personal Conduct

06/03/2004

Applicant, a 36-year-old divorced man, is unable to successfully mitigate the security concerns associated with his sexual behavior of a criminal nature in 1998, and his deliberately providing false or misleading information about the 1998 incident during an interview with a security investigator in April 2002. Clearance is denied.


Drugs

06/03/2004

The record evidence does not support the Administrative Judge's finding that Applicant did not abuse prescription pain medication to the point of addiction. The record evidence does not support the Judge's finding that Applicant received a favorable prognosis from his treating physician. Given the record evidence, the Judge erred by not applying Drug Involvement Disqualifying Condition 3 and by applying Drug Involvement Mitigating Conditions 3 and 4. Under the Directive, there is no authority to grant Applicant's request for a probationary or conditional security clearance. Favorable decision reversed.


Financial; Personal Conduct

06/03/2004

Although he has the money to substantially decrease his debt total, Applicant refuses to allocate it towards his debts until he is granted a security clearance. Applicant failed to mitigate security concerns raised by his delinquent debts and his deliberate failure to report those debts on his security clearance application. Clearance is denied.


Personal Conduct

06/03/2004

Department Counsel has failed to rebut or overcome the presumption that the Administrative Judge considered all the record evidence. Department Counsel has failed to meet its heavy burden of showing the Judge's credibility determination is arbitrary, capricious, or otherwise unsustainable in light of the record evidence in this case. There is no presumption of error below. Board does not review the record evidence de novo and make its own findings of fact and reach its own conclusions about a case. All the Board has to do is decide whether the appealing party has shown the Judge's findings of fact are not sustainable in light of the record evidence as a whole, or whether the Judge's conclusions are arbitrary, capricious, or contrary to law. Favorable decision affirmed.


Personal Conduct; Financial; Drugs; Criminal Conduct

06/02/2004

Applicant used cocaine as recently as 2002, and marijuana as recently as 2000. He was charged with possession with the intent to deliver cocaine, a felony, in 1976. He failed to disclose his drug use and criminal charge as required in a security clearance application (SF 86) he submitted on June 26, 2002. Applicant has failed to mitigate the security concerns caused by his history of drug abuse and the personal conduct issues that arise from the false information he provided in the SF 86. Clearance is denied.


Financial

06/02/2004

After Applicant was laid off from his job, he was unable to pay his bills while he was searching for other employment. He consulted a debt consolidator, but was unable to make the necessary payments. He finally resolved his debts through bankruptcy. Clearance is granted.


Criminal Conduct; Personal Conduct

06/01/2004

Applicant's extensive history of criminal conduct is not mitigated where it was punctuated by nine arrests between January 1987 and November 1992--four of which involved larceny, including larceny by deception. Falsification of his clearance application in April 2002 suggests he cannot be relied upon to disclose the truth if it conflicts with his personal interests. Clearance denied.


Personal Conduct

06/01/2004

Applicant erroneously omitted his misdemeanor citations in 1994 and 1999 for marijuana possession from his Security Clearance Application (SF 86) in March 2001. However, he did not intend to conceal the information or mislead the government about it. Because Applicant lacked the requisite intent to mislead, no disqualifying conditions apply. Clearance is granted.


Criminal Conduct

06/01/2004

Applicant is 39 years old. He works for a defense contractor. He was arrested in 1983 when he was 19 years old on several theft charges. He was sentenced on those charges to more than one year in jail, but they were suspended and he served three years probation. Since that time he has married, been employed steadily, and is a law-abiding resident of his state. Applicant mitigated the criminal justice security concerns. The Smith Amendment (10 U.S.C. 986) applies and disqualifies him 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

05/28/2004

Forty-eight-year old Applicant's 1978 arrest--when he was 22-years-old--for aggravated trafficking in drugs and possession of LSD and marijuana resulted in his conviction on both counts. He was eventually sentenced to serve no less than three years to no more than 15 years imprisonment. Although he has a spotless record since 1978, and is considered rehabilitated, the application of 10 U.S.C. 986 disqualifies him from eligibility for a security clearance. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is not recommended.


Financial, Criminal Conduct, Personal Conduct

05/28/2004

Applicant incurred delinquent debts over a several year period. She was unable to repay them due to her low income. She discharged her delinquent debts in bankruptcy, and paid three judgments entered against her. Applicant mitigated the financial considerations security concern, the criminal conduct concern, and the personal conduct concern. Clearance is granted.


Foreign Preference

05/28/2004


Foreign Influence

05/28/2004


Financial

05/28/2004

Applicant has a history of financial difficulties and delinquencies dating to 1993 and still owes over $13,000.00 in bad debts. While some of her debts can be attributed to unforeseen circumstances, there is insufficient evidence of reasonable efforts to resolve her debts. She filed for Chapter 13 bankruptcy in May 2003, but there is no evidence as to what debts were included or when the debts will be resolved. Applicant has failed to meet her burden of persuasion to mitigate, extenuate, or refute the security concerns under Guideline F (Financial Considerations). Clearance is denied.


Foreign Influence; Foreign Preference

05/27/2004

Board cannot consider new evidence on appeal. There is no presumption of error below and the appealing party has the burden of raising claims of factual or legal error and demonstrating that such errors occurred. Because Applicant does not challenge the Administrative Judge's findings of fact, those factual findings stand without the Board needing to review the record evidence to determine whether there is sufficient evidence to support the Judge's findings. The Board cannot and will not advise Applicant about what action or actions he can or should take. To give Applicant such advice would be inconsistent with the Board's obligation to be fair and impartial. Under the Directive there is no authority to grant a conditional security clearance. Adverse decision affirmed.


Alcohol

05/27/2004

Security clearance decisions involve predictive judgments about an applicant's security eligibility in light of their past conduct and present circumstances. It was proper for the Administrative Judge to consider Applicant's overall history of alcohol abuse to evaluate her current security eligibility. Applicant's honesty about her alcohol problems did not preclude the Judge from considering the security significance of Applicant's history of alcohol abuse. Given the record evidence in this case, the Judge articulated a rational basis for his doubts as to the sufficiency of Applicant's current efforts at rehabilitation. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

05/27/2004

Applicant has successfully rebutted financial concerns and alleged falsifications pertaining to her financial history by demonstrating that she was an identity theft victim with regard to 18 of the 20 delinquent debts addressed by the SOR that total $14,134.00. The Social Security Administration has reached the same conclusion and has issued her a new Social Security Number. The only two debts attributable to Applicant are a $563.00 judgment collected against her on a contract she co-signed for her son and a $102.00 cable service debt she paid. Although Applicant obtained a discharge in bankruptcy, it was 10 years ago and resulted from her boyfriend leaving her to face over $25,000.00 in debts they jointly incurred. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

05/27/2004

Applicant had four alcohol-related driving incidents between 1993 and 1998, but only listed the latest incident in his security clearance application. Applicant mitigated the security concerns raised by his alcohol consumption and criminal conduct. Applicant failed to mitigate the personal conduct security concerns raised by his deliberate omissions from his security clearance application. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

05/27/2004

Applicant's extensive history of alcohol abuse is not mitigated where it was punctuated by seven alcohol-related incidents between May 1991 and February 2002, and where Applicant continues to drink to the point of intoxication. Falsification of his clearance application in April 2000 suggests he cannot be relied upon to disclose the truth if it conflicts with his personal interests. Clearance denied.


Foreign Preference

05/26/2004

Security concerns were raised regarding a 38-year-old native-born American Applicant--holding dual citizenship because of his father's U.S. birth and his mother's British birth--who obtained a British passport, had it renewed on two occasions, and used it repeatedly to enter the United Kingdom and other countries, instead of using his American passport. His refusal 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.


Sexual Behavior; Personal Conduct

05/26/2004

If an applicant is in a position of vulnerability to coercion or pressure as the result of his or her conduct, then that applicant is not in a strong position to claim his or her conduct is a purely personal matter that is of no security concern to the government. Even if an applicant's conduct is not as serious as other kinds of conduct, that does not preclude the Administrative Judge from evaluating the security significance of the conduct that the applicant did engage in. The Judge's unexplained failure to apply Sexual Behavior Mitigating Condition 3 is harmless error under the particular facts of this case. Even dated conduct could be the source of an applicant's current vulnerability to coercion or influence. The Judge articulated a rational basis for his adverse conclusions. Adverse decision affirmed.


Foreign Influence; Personal Conduct

05/26/2004

Applicant, born in the Republic of China (Taiwan), became a United States citizen in 1999. He has four siblings, who are citizens of Taiwan and reside in Taiwan. He has close and continuing contact with his brother, who has been a career soldier for the Taiwanese army, and since his retirement, continues to be employed by the Government of Taiwan. The evidence establishes that Applicant is vulnerable to foreign influence. Additionally, in a Security Clearance Application (SCA) supplied to the Government, Applicant gave incorrect information regarding his military service and his employment in Taiwan . Mitigation has not been shown. Clearance is denied.


Foreign Influence

05/26/2004


Financial; Drugs

05/26/2004

The Board has declined to adopt any "bright-line" definition for what constitutes "recent" conduct. Rather, the Board has indicated the matter requires an Administrative Judge to evaluate the record evidence as a whole and reach a reasonable conclusion as to the recency of an applicant's conduct. Decisions by Hearing Office Judges in other cases are not legally binding precedent that must be followed by their colleagues, and such decisions are not legally binding precedent that the Board must follow or distinguish. Board will not disturb a Judge's weighing of the record evidence unless the appealing party demonstrates the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Because the Board does not review cases de novo, the Board need not decide whether it would have reached the same result as the Judge did in this case. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

05/26/2004

Applicant used marijuana less than ten times in the 1970s. In 1999, the Army gave him non-judicial punishment under the Uniform Code of Military Justice (UCMJ) and revoked his security clearance after he tested positive for marijuana. In 2001, when he completed a security questionnaire and when he gave a written statement to a DoD investigator, Applicant falsified facts about his past drug use and his prior security clearance revocation. His claims that he did so on advice of counsel are unsubstantiated, and he has failed to otherwise mitigate the resulting security concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). Clearance is denied.


Financial

05/26/2004

Applicant's history of financial indebtedness has not been mitigated by a good faith effort to repay his creditors or otherwise resolve his indebtedness. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

05/25/2004

Applicant's pattern of financial irresponsibility, criminal conduct, and falsifications renders him an unsuitable candidate for a security clearance. Clearance denied.


Financial

05/25/2004

A 37-year-old applicant has failed to explain why she incurred 12 bad debts, amounting to approximately $15,622.00, and had two automobiles repossessed for her failure to make payments. She contends that she has paid three of the bad debts in full, as well as the deficiency resulting from one of the repossessions. Applicant also asserts that she has made partial payments of five other bad debts. However, she has failed to provide corroboration of any payments. Moreover, Applicant has taken no action to resolve three student loans, totaling $8,041.00, and a gasoline credit account in the amount of $1,040.00. Based on the written record, Applicant has failed to satisfactorily address and mitigate her history of not meeting financial obligations. Clearance is denied.


Foreign Preference; Foreign Influence

05/25/2004

Applicant's possession, renewal, 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 siblings are citizens and residents of Iran. Clearance denied.


Foreign Preference

05/25/2004


Financial; Personal Conduct

05/25/2004

Application of Adjudicative Guidelines disqualifying and mitigating conditions 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 reflect a plausible, legally permissible interpretation of the record evidence. Given the record evidence in this case, the Judge's findings of falsification are sustainable. Adverse decision affirmed.


Foreign Preference; Foreign Influence

05/25/2004


Criminal Conduct

05/25/2004

Applicant, a 59-year-old man, has a history of illegal drug involvement that includes four arrests for drug-related criminal conduct. His criminal conduct culminated in 1972 when he received a 15-year sentence to confinement (10 years suspended) upon his guilty plea to possession of a controlled drug with intent to distribute; he was released from confinement in 1973. He has been employed by the same defense contractor since 1977. Under 10 U.S.C. 986, the Defense Department is prohibited from granting or renewing Applicant's security clearance based on his sentence to confinement exceeding one year unless the prohibition is waived by the Secretary of Defense; a waiver is not recommended. Clearance is denied.


Drugs; Personal Conduct

05/24/2004

Applicant, a 28-year-old single woman, is seeking to obtain an initial security clearance for her employment with a management consulting company. A security concern is raised by her marijuana use from August 1995 to October 1996 while a college student, her arrest for less than one ounce of marijuana in September 1996, and her marijuana use in November 2002 and February 2003 at social events. Applicant has successfully mitigated the security concern because (1) her involvement with marijuana is not recent, (2) she intends not to abuse any drugs in the future, and (3) her history of marijuana involvement is relatively minor and insignificant. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

05/24/2004

Applicant used and purchased marijuana from 1992 to August 1999, including while he was in possession of a security clearance from 1992 to 1993. As of February 2000, he indicated he might use marijuana in the future on special occasions with a friend from graduate school. Applicant has since resolved to forego any future involvement with illegal drugs. Drug Involvement concerns are mitigated by his sustained commitment to a drug free lifestyle. Personal Conduct and Criminal Conduct concerns persist because of his misrepresentations of his marijuana involvement on an October 1999 security clearance application (SF 86) and his unwillingness to admit the knowing and willful concealment of his then recent drug involvement. Clearance is denied.


Criminal Conduct

05/24/2004

Thirty-nine-year old Applicant's 1986 arrest for entering auto with intent to commit theft, a felony, and possession of tools used in commission of crime, when he was 21 years old, and his subsequent conviction, led to a sentence of confinement for five years on each of five counts, to be served concurrently, but so much of the confinement was to be served on probation. Since then, he has not been involved in any additional criminal conduct. By virtue of his spotless record since 1986, and a favorable work history, there is substantial evidence of successful rehabilitation. The absence of any subsequent criminal conduct would normally mitigate the government's security concerns. However, 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; Alcohol

05/24/2004

Applicant mitigated security concerns raised by his consumption of alcohol, but was unable to mitigate concerns raised by over $20,000 of delinquent debts. Clearance is denied.


Alcohol; Criminal Conduct; Drugs

05/24/2004

Security concerns persist over Applicant's alcohol abuse which led to multiple alcohol-related arrests and convictions from 1996 to 2001. He attended alcohol treatment programs and was diagnosed alcohol dependent in 2000. He failed to mitigate these alcohol abuse security concerns as he provided no favorable prognosis nor evidence of a continuing involvement in Alcoholics Anonymous (AA). Instead he continues to drink at times to excess. On the other hand Applicant mitigated his multiple other arrests which have not recurred since 1998 and also mitigated his past use and purchase of marijuana which ended in 2002. He has substantially reformed his conduct with respect to criminal conduct and drug abuse and is rehabilitated in those areas of security concern. Clearance is denied.


Financial

05/24/2004

Applicant is a 41-year-old engineer with a defense contractor who incurred approximately $14,000.00 in debts most of them arising from a divorce that was finalized in July 2003, one month before the issuance of the SOR. The debts were either paid or an agreed payment plan has been entered to mitigate the allegations concerning financial considerations under Guideline F. Clearance is granted.


Personal Conduct; Criminal Conduct

05/24/2004

In answer to Module 26 on an undated and unsigned Electronic Personal Security Questionnaire (EPSQ)SF 86 Worksheet, the Applicant failed to disclose that he was arrested for and charged with burglary in 1996. As the Applicant admits that this was a knowing and wilful falsification, the provisions of 18 U.S.C 1001 are applicable. Mitigation is not shown; and as such, Guidelines E and J are found against the Applicant. Clearance is denied.


Personal Conduct; Sexual Behavior; Financial

05/24/2004

Applicant with history of sexual molestation of his minor stepdaughter and still subject to almost 8 years of probation under court's deferred adjudication conditions, and whose troubled finances compound security concerns, requires more time in rehabilitation programs to mitigate security concerns associated with his prior judgment lapses. Clearance is denied.


Financial

05/24/2004

Applicant admits numerous financial delinquencies, some of which date back to the period of 1996 to 1999. His unmitigated history of financial over extension raises serious security concerns. Clearance is denied.


Personal Conduct

05/24/2004

Applicant's falsification of clearance application in January 2001 suggests he cannot be relied upon to disclose the truth if it conflicts with his personal interests. Clearance denied.


Foreign Preference; Foreign Influence

05/24/2004

Neither an Administrative Judge nor the Board has the jurisdiction or authority to review or pass judgment on the wisdom or desirability of the ASDC3I memorandum concerning foreign passports. Applicant's offer to take steps in the future to comply with the ASDC3I memorandum constitutes new evidence, which the Board cannot consider. Adverse decision affirmed.


Criminal Conduct; Financial; Personal Conduct

05/24/2004

Applicant with history of delinquent debts who provides no concrete plan for addressing them and who falsified his SF-86 fails to mitigate security concerns. Clearance is denied.


Alcohol; Personal Conduct

05/24/2004

Applicant is the subject of reported observations several years ago of his smelling of alcohol while working with subordinates at his former employer. The reported claims were not made known to Applicant at the time, are disputed by Applicant, and were never corroborated. The claims are not only largely unsubstantiated but dated and enable Applicant to refute and mitigate the government's security concerns. Clearance is granted.


Foreign Influence

05/21/2004

For a variety of reasons, the Board will not physically strike material from the case file. If a party has a meaningful opportunity to preserve an objection or procedural issue on the record, either orally or in writing, then the party is not in a strong position to claim error based on a proffer of new evidence on appeal. There are several reasons why objections and other procedural matters should be raised on the record. In this case, Applicant had sufficient opportunity to raise the matter of a continuance and legal representation during the proceedings below. Applicant has not demonstrated that the Judge's adverse conclusions under Guideline B are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Drugs

05/19/2004

Applicant's history of marijuana use has been mitigated by her expressed and demonstrated commitment to a drug free lifestyle. Clearance is granted.


Foreign Influence

05/19/2004

Applicant's foreign family ties have been mitigated and do not raise a security concern. Clearance is granted.


Foreign Preference; Foreign Influence

05/19/2004

Applicant's work history with a foreign government and his foreign family ties have not been mitigated. Clearance is denied.


Criminal Conduct; Financial

05/19/2004

Board cannot consider new evidence on appeal. There is a well-established presumption that government officials carry out their duties properly and in good faith and a person seeking to rebut or overcome that presumption has the burden of presenting clear evidence to the contrary. There is no right to a security clearance. The government is not equitably estopped from denying or revoking a security clearance. Applicant had notice of the applicability of 10 U.S.C. 986 to his case and his opportunity to submit information in support of a waiver request. Because the Administrative Judge's decision is not based solely on the applicability of 10 U.S.C. 986, the Judge properly declined to make a recommendation as to whether Applicant's case should be considered further for a waiver under 10 U.S.C. 986(d). Similarly, the Board does not make a recommendation as to whether Applicant's case should be considered further for a waiver. Adverse decision affirmed.


Foreign Influence

05/19/2004

Decisions by Hearing Office Administrative Judges cases are not legally binding precedent in other cases. The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have it, regardless of whether that person, organization, or country has interests inimical to those of the United States. The security concerns under Guideline B are not limited to situations involving vulnerability to coercion or blackmail. Applicant is not entitled to have a Judge apply an Adjudicative Guidelines mitigating condition in a manner that is contrary to its plain meaning. Applicant's arguments fail to show the Judge did not apply the whole person concept in this case. Adverse decision affirmed.


Personal Conduct; Alcohol; Criminal Conduct; Financial

05/18/2004

With one exception that is harmless error, the Administrative Judge did not err by basing his findings of fact on Applicant's admissions to SOR allegations. Given the record evidence, the Judge's finding of falsification is sustainable. Given the record evidence, the Judge's conclusions about Applicant's criminal record are sustainable. There is a rebuttable presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

05/18/2004

This 28-year-old employee of a defense contractor has an admitted history of criminal and other misconduct on at least eleven occasions, beginning in 1995 and continuing until at least 2001, an average of almost twice a year. Mitigation has not been adequately established. Clearance is denied.


Drugs; Personal Conduct

05/17/2004

Applicant's abuse of marijuana from 1970 to August 2001 is not mitigated where Applicant used marijuana after obtaining a clearance in approximately 1980 and applying for an upgraded clearance in September 2001. Applicant's falsification of his September 2001 clearance application suggests he cannot be relied upon to tell the truth if it conflicts with his personal interest. Clearance is denied.


Alcohol; Criminal Conduct

05/17/2004

Security concerns persist over Applicant's alcohol abuse which led to three alcohol-related convictions. Although he has attended two treatment programs and has been abstinent since July 2003, he no longer attends Alcoholics Anonymous (AA). He will remain on probation until June 2005 for the alcohol-related conviction in June 2003, so there is insufficient evidence that he has met mitigating conditions. Clearance is denied.


Foreign Influence; Foreign Preference; Outside Activities

05/14/2004

Applicant, a retired U.S. Air Force Lieutenant Colonel, and highly decorated combat veteran, used the expertise he gained in foreign military sales while working the Air Force Israeli desk at the Pentagon to perform consulting services and lobbying for the Israeli government following his retirement. He has also attended numerous social functions at the Israeli Embassy. Applicant has mitigated the security concern caused by his extensive and prolonged business and social contacts with Israel and Israeli officials. Clearance is granted.


Financial; Personal Conduct

05/14/2004

The Applicant has addressed all of his past due indebtedness. It was caused by his being unemployed for about six or seven months. When the Applicant answered his electronic Security Clearance Application (SCA), he was unable to answer "Yes" to Questions 37 and 38, as he did not know the particulars of his past due indebtedness. [A "Yes" response requires an affiant to list the particulars of the debts.] Two to three weeks later, the Applicant voluntarily disclosed the requested information. Mitigation is shown. Guidelines E and F are found for the Applicant. Clearance is granted.


Foreign Influence

05/14/2004

Security concerns were raised regarding a 29-year-old Vietnam-born naturalized U.S. citizen Applicant--who managed to flee the Socialist Republic of Vietnam (SRVN) in 1979--whose four sisters remain citizens and residents of SRVN, and whose mother--a permanent U.S. alien--is a citizen of SRVN who resides part-time in the U.S. and in SRVN. None of them are agents of SRVN or in a position to be exploited by that government. Applicant's brother and other sister are naturalized U.S. citizens residing in the U.S. The security concerns are mitigated by the evidence developed herein. Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

05/14/2004

Applicant was convicted of burglary in 1984 and sentence to two years in prison, which he served. Applicant has had no further criminal activity since his release from prison in 1986. The Applicant did not falsify a questionnaire and has resolved his financial problems. 10 U.S.C. 986 applies. Adverse inference is not overcome. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

05/14/2004

Applicant is a 30-year-old employee of a defense contractor. He admitted to four delinquent debts of approximately $12,000.00, a criminal record consisting of a variety of offenses that occurred between 1995 and 1997, and a court order entered in 2000 finding he had caused physical harm to his children by extreme physical abuse. The criminal offenses are mitigated by the passage of time and the absence of a criminal record in the past six years. Only one debt for child support is being resolved, and that only through the garnishment of wages. Clearance is denied.


Drugs; Personal Conduct

05/14/2004

Applicant's pro se status did not relieve him of the obligation to take timely, reasonable steps to protect his rights during the proceedings below. Applicant fails to rebut the presumption that the Administrative Judge was fair and impartial. An unfavorable credibility determination is not a substitute for record evidence that Applicant used marijuana after 1997. Although a Judge should resolve doubts about an applicant's security eligibility in favor of the national security, such doubts must have a rational basis in the record evidence. Silence of the Directive as to what constitutes a sufficient period of reform and rehabilitation does not mean a Judge has unfettered discretion in deciding what period of time is sufficient. Given the record evidence in this case, the Judge failed to articulate a rational basis for his conclusion that Applicant had not demonstrated sufficient reform despite the passage of more than six years since his last use of marijuana. Adverse decision reversed.


Foreign Preference

05/13/2004

Applicant, a dual citizen of Portugal and the United States since he acquired U.S. citizenship in 1982, voted in a Portuguese election in 2001. While he possessed a Portuguese passport until July 2003, he did not use it for travel after becoming a U.S. citizen and has surrendered it to the Portuguese consulate. The Foreign Preference concerns are mitigated by his demonstrated preference for the U.S. and firm resolve not to exercise his foreign citizenship in the future. Clearance is granted.


Criminal Conduct; Sexual Behavior

05/11/2004

Applicant is an employee of a defense contractor who was charged with aggravated sexual battery and sodomy of his daughter over a period of six to eight years. During the entire period the daughter was a minor aged six or seven until age thirteen. The charge was reduced to sexual battery, a misdemeanor, and he was sentenced to 12 months in jail with six months suspended for two years expiring in May, 2004. He served three months with suspension conditioned on good behavior and participation in a community corrections program. Although he is showing progress in treatment it has not concluded and no diagnosis of the cause of his conduct has been made. It is premature to grant a clearance at this time. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/11/2004


Criminal Conduct; Personal Conduct

05/11/2004

Fifty-four-year old Applicant has a lengthy history of criminal conduct (substance abuse in 1967-80, 1990), drug-related arrests (1977 and 1979), and an arrest for theft (1999). He also has a lengthy history of personal conduct involving questionable judgment and untrustworthiness, including lying on his security clearance application. One of his drug-related arrests resulted in a sentence in part, to confinement for five years, but the sentence was altered to confinement for a period of six months, and the remainder of imprisonment was suspended. Applicant has failed to mitigate the criminal conduct or personal conduct concerns. Moreover, the application of 10 U.S.C. 986 disqualifies him from eligibility for a security clearance. Clearance is denied.


Foreign Preference; Foreign Influence

05/11/2004

Applicant's dual citizenship is based on his birth in the United Kingdom. His conduct since moving to the United States in 1968 has indicated a clear preference for the United States over the United Kingdom. He has surrendered his United Kingdom passport and has renounced his United Kingdom citizenship. Clearance is granted.


Foreign Influence; Foreign Preference; Personal Conduct

05/11/2004

Applicant, a dual citizen of the United States and Taiwan, has a brother and a sister who are citizens and residents of Taiwan, and another sister who is a citizen of Taiwan and resident of Japan. Although he has been a U.S. citizen since January 1993, Applicant applied for a Taiwanese passport in December 1995, renewed that passport in March 2002, and that passport does not expire until March 2012. Although he has expressed a willingness to surrender the Taiwanese passport, Applicant has not presented any evidence to indicate he has done so. Applicant also failed to disclose he possessed a foreign passport in a Questionnaire for National Security Positions he submitted on August 24, 1999. Applicant has failed to mitigate the security concerns of foreign preference and personal conduct that are present in this case. Clearance is denied.


Financial; Personal Conduct

05/10/2004

Applicant is 50 years old, and works for a defense contractor. Applicant has seven unpaid credit card delinquent debts totaling more than $12,000. Applicant also has more than $2,000 in unpaid gambling debts. He incurred these debts after being discharged in bankruptcy in 1999. Applicant failed to 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.


Foreign Preference; Foreign Influence; Personal Conduct

05/10/2004

In 1986, at the age of 24, Applicant emigrated from Taiwan to the United States to study and obtain his doctorate in science. Applicant is married to a Canadian citizen, and has a child born in the United States. He has one brother in the United States who is a naturalized citizen. All other relatives, and his wife's relatives, are all in Taiwan or Canada. His sister works for the Taiwanese Department of Health. Applicant used his Taiwanese passport after becoming a U.S. citizen to visit his aged parents and sister in Taiwan. He renewed his Taiwanese passport in 2003 for a term of 10 years after making a commitment in 2002 to cancel it. He has now renounced officially his Taiwanese citizenship and surrendered his Taiwanese passport to the appropriate Taiwanese representatives. Applicant mitigated the personal conduct concern. He did not mitigate the foreign preference and foreign influence security concerns. Clearance is denied.


Financial; Personal Conduct

05/10/2004


Foreign Influence

05/10/2004

Although his family ties to Taiwan raise a security concern, Applicant has successfully mitigated the concern because the totality of facts and circumstances show his family ties do not pose an unacceptable risk or concern of foreign influence. Clearance is granted.


Foreign Influence

05/10/2004

Absent unusual circumstances, a flaw or failing with the synopsis of an Administrative Judge's decision is not likely to demonstrate harmful error. Harmless factual errors by the Judge do not warrant remand or reversal. The facts and circumstances of Applicant's family ties with relatives in Lebanon and Syria provide a rational basis for the Judge's conclusion that there are security concerns under Guideline B that Applicant had to refute, rebut, explain, extenuate, or mitigate. Absence of a foreign preference does not negate security concerns raised under Guideline B. Applicant's disagreement with the Judge's adverse conclusions is not sufficient to demonstrate the Judge weighed the record evidence and analyzed Applicant's case in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

05/10/2004

Under the Directive, Applicant has the burden of presenting evidence to rebut, explain, extenuate or mitigate the record evidence of his history of financial difficulties. Given Applicant's burden of persuasion, it was not arbitrary or capricious for the Judge to take into account Applicant's failure to present evidence that explained the reasons for his getting into financial difficulties. Although there is record evidence that Applicant recently set up a debt payment plan with a consumer counseling service, the Judge reasonably could decide there was insufficient evidence to conclude Applicant would follow through with that plan to its end. Adverse decision affirmed.


Drugs; Criminal Conduct; Personal Conduct

05/10/2004

Applicant is a 44-year-old electronic technician for a defense contractor. He used marijuana for at least 22 years, continuing until a week prior to his interview with a government investigator. He failed to make material disclosures about prior arrests and marijuana use on his security clearance application. He did not mitigate the drug use and personal conduct security concerns. He did mitigate the criminal conduct security concern. Clearance is denied.


Drugs; Personal Conduct

05/10/2004

Applicant is a 25-year-old employee of a defense contractor. He admitted to smoking marijuana from 1994 to 2001, but only admitted marijuana use up to 1998 on his security clearance application in 2000. When questioned by an investigator in 2001, he made the fullest disclosure of his marijuana use. But the interrogatories sent to him in 2003 resulted again in disclosure only until 1998. Serious concerns exist as to Applicant's veracity, and his explanations now do not mitigate the disqualifying conditions of Guidelines E Personal Conduct. Applicant did not mitigate the Drug Involvement Guideline H security concerns. Clearance is denied.


Financial

05/07/2004

Applicant failed to mitigate security concerns raised by his financial condition. Although his debts were in large measure accrued due to circumstances beyond his control, and he is making good-faith efforts to repay some of the debts, he is not in a financial position to resolve other debts and has made no attempt to do so. Clearance is denied.


Drugs; Personal Conduct

05/07/2004

Applicant, a 44-year-old employee of a government contractor, used marijuana on three occasions during a seven year period between 1994 and 2001. The last occasion of his use was in 1997 or 1998. Some use occurred while he held a security clearance. In a statement to an investigator at the time of the original application for a security clearance in August, 1991, Applicant stated that he had used marijuana but would not do so again. He now makes the same statement but it lacks credibility in light of his past conduct. Clearance is denied.


Foreign Influence; Foreign Preference

05/07/2004

Applicant, a dual citizen of the United States and Iran, has relatives who are citizens and residents of Iran. Applicant's husband and two sons are also dual citizens of the United States and Iran. Although she has been a U.S. citizen since August 1991, Applicant applied for an Iranian passport in September 1998 that did not expire until September 2003, used that passport for travel to Iran in February 2002, and has not presented any evidence to indicate she has surrendered the Iranian passport. Applicant has failed to mitigate the security concerns of foreign preference and influence that are present in this case. Clearance is denied.


Drugs; Personal Conduct

05/07/2004


Alcohol; Personal Conduct

05/07/2004

The Administrative Judge could find that Applicant committed traffic violations even if no adverse legal consequences were imposed on him. Applicant is responsible for presenting evidence to rebut, explain, or mitigate facts that he admitted or Department Counsel proved. The Judge must weigh the record evidence as a whole to decide whether Applicant has met his burden of proving extenuation, mitigation, reform or rehabilitation sufficient to warrant a favorable security clearance decision. Adverse decision affirmed.


Financial

05/07/2004

The 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, it was not arbitrary or capricious for the Administrative Judge to conclude Financial Considerations Mitigating Conditions 3, 4 and 6 were not applicable. Adverse decision affirmed.


Foreign Influence; Foreign Preference

05/06/2004


Foreign Influence; Financial

05/06/2004


Financial; Personal Conduct

05/06/2004

Applicant has a history of financial delinquencies, which have now been fully satisfied. To a large extent his financial problems coincided with the breakup of his second marriage, which has now resulted in a divorce, and a period of unemployment caused by the closure of the factory where he had worked for ten years. He has credibly explained why he failed to disclose the full extent of his prior financial difficulties in a security clearance application he submitted in March 2001. Applicant has mitigated the security concerns caused by his financial considerations and personal conduct. Clearance is granted.


Financial

05/06/2004

Applicant failed to mitigate the financial considerations security concern raised by her delinquent debts totaling over $25,000. Clearance is denied.


Alcohol; Financial

05/06/2004

Applicant is an employee of a defense contractor who had two alcohol-related driving arrests in 1992 and 1996. The second arrest resulted in a conviction and sentence to two days in jail and a fine of $1,000.00 with his driver's license suspended for 180 days. He was ordered to attend and did attend an alcohol treatment program for 18 months in 1998 and 1999 where he was diagnosed as alcohol dependent. He has continued to consume alcohol to excess as recently as February 2003. He also has debts exceeding $3,000.00 that are unexplained. Clearance is denied.


Financial

05/04/2004

Applicant's credit report includes eleven accounts, totaling approximately $13,000.00, that have been delinquent for as long as nine years. He attributes most of the accounts to his mother having incurred debt using his name. Applicant has done absolutely nothing to resolve the situation, and instead exhibits complete financial irresponsibility. He has failed to mitigate the security concerns caused by the financial considerations present in this case. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

05/04/2004

There is no presumption of error below and the appealing party has the burden of raising and demonstrating factual or legal error. Because Applicant does not challenge the Administrative Judge's findings of fact, those findings stand and need not be reviewed by the Board. Security clearance decisions are not limited to consideration of an applicant's performance during duty hours. An adverse decision can be based on off-duty conduct that raises security concerns. The federal government is not required to wait until an applicant fails to properly handle or safeguard classified information before it can deny or revoke access to such information. Board will not disturb a Judge's weighing of the record evidence unless the appealing party demonstrates the Judge acted in a manner that is arbitrary, capricious, or contrary to law when weighing the evidence. Adverse decision affirmed.


Foreign Influence

05/04/2004

Applicant is one of many boat people who escaped Vietnam after the collapse of South Vietnam in 1975. He is a 41-year-old man who, at the age of 17, fled Vietnam in 1980. He was allowed to immigrate to the U.S. as a refugee in 1982. Since arriving in the U.S., he has earned a bachelor's degree in computer engineering and a master's degree in computer science, registered for the selective service, obtained U.S. citizenship, worked as a software engineer in the private sector, and accumulated substantial financial assets. Applicant's father, mother, brothers, and sisters are resident citizens of Vietnam. The totality of 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.


Personal Conduct; Criminal Conduct

05/03/2004

Applicant was cited for shoplifting from a retail store in 1994, appeared in court, and the charge was dismissed after he entered into an agreement to compromise the misdemeanor with the retailer and paid $50.00 court costs. Applicant did not disclose this incident in the security clearance application he signed in January 2000 or when he was initially questioned by Special Agents from the Defense Security Service. Applicant has failed to mitigate the security clearance concern caused by his personal conduct and the related criminal conduct in providing false information. Clearance is denied.


Criminal Conduct

05/03/2004

Forty-six-year old Applicant had a lengthy history of substance abuse starting in 1973 and continuing until the early 1990s despite holding a security clearance since 1975. He was arrested in 1976, when he was 19 years old, and charged with distribution of PCP and conspiracy to distribute PCP. Upon his plea, he was convicted and sentenced for each charge individually: three years confinement (suspended) and three years supervised probation. The application of 10 U.S.C. 986 disqualifies him from eligibility for a security clearance. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is not recommended.


Financial: Personal Conduct

05/03/2004

Applicant has a history of financial delinquency from 1995 to 2003, due in part to irresponsible expenditure when he was a young private in the military. While he has paid or settled two delinquent medical debts in collection, he has no intent to satisfy consumer credit debt that has been written off by his creditors. He falsified his security clearance application by denying any financial delinquencies and failing to report non-judicial punishment awarded when he was in the service. Financial and Personal Conduct concerns persist despite his timely payment of his current obligations and his candor during his subject interviews. Clearance is denied.


Financial

05/03/2004

Applicant is a 45-year-old security guard employee of a defense contractor. She admitted she has 11 unpaid and delinquent debts totaling about $3,000, and denied the delinquent debt of $6,373. All these debts were incurred after Applicant was discharged in Chapter 7 bankruptcy. Applicant failed to mitigate the financial considerations security concerns. Clearance is denied.


Criminal Conduct

05/03/2004

Sixty-five-year old Applicant's 1958 arrest for larceny in the nighttime, when he was 19 years old, and his subsequent conviction, led to a sentence of 10 years imprisonment (suspended) and three years probation. It has been approximately 45 years since that conviction and sentence. Since then, he has developed a somewhat spotty record as recently as 1981. By virtue of his spotless record since 1981, and a favorable work history, there is substantial evidence of successful rehabilitation, 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; Criminal Conduct

05/03/2004

Applicant wrote two checks totaling $118.70 to a retailer in May 1998 while she was still in college. The checks were not honored as the bank did not have an account for her on file, and as a result, she was charged with two misdemeanor counts of passing fraudulent checks. In October 1998, she was charged with driving with a suspended license. Fines for the check and driving offenses were not paid until February 2003 and August 2001, respectively, after warrants had been issued for her arrest. Two delinquent accounts went unpaid until 2003, although she has a record of timely payment of her student loans and living expenses. Applicant has taken steps to ensure her financial irresponsibility will not recur. Criminal conduct concerns persist because of her issuance of fraudulent checks and her failure to timely comply with court-ordered sanctions. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

04/30/2004

Applicant has a history of financial delinquencies and tax liens. He knowingly and willfully made materially false statements on his security clearance application, which he signed and certified on August 7, 2001. Applicant's financial problems and his lack of candor raise security concerns that he failed to mitigate. Clearance is denied.


Foreign Influence

04/30/2004

Applicant, a 60-year-old naturalized U.S. citizen, has been employed by the same major defense contractor since shortly after his escape from Iran in 1982. He has held a security clearance in connection with his employment since 1990. Applicant's mother, brother, and sister are resident citizens of Iran, a country hostile to the U.S. Although his family ties to Iran raise a security concern for foreign influence under Guideline B, Applicant has successfully mitigated the security concern. Clearance is granted.


Financial

04/29/2004

Applicant's history of financial indebtedness has not been mitigated by a good faith effort to repay his creditors or otherwise resolve his financial indebtedness. Clearance is denied.


Alcohol; Criminal Conduct

04/29/2004

The Applicant has two alcohol related incidents, arrests for Driving Under the Influence (DUI) in November of 1998 and again in August of 2001. As the last alcohol related incident occurred more than two years ago, and there is no other evidence of alcohol abuse, mitigation is shown. Clearance is granted.


Foreign Preference; Foreign Influence

04/29/2004

An Administrative Judge does not have unfettered discretion when deciding whether particular provisions of the Adjudicative Guidelines are applicable. Rather, a Judge must exercise sound judgment within the parameters set by the Directive when deciding which Adjudicative Guidelines disqualifying or mitigating conditions are applicable to the particular facts of a given case. The Judge's stated reasons for applying Foreign Influence Mitigating Conditions 1 and 3 are not supported by the record evidence as a whole and reflect arbitrary and capricious reasoning. It is legally permissible for Applicant to argue that the Board should affirm the decision below on alternate grounds. Considering the record evidence as a whole, the Board is not persuaded that it should affirm the decision below on alternate grounds. Favorable decision reversed.


Foreign Preference; Foreign Influence

04/29/2004

Applicant's exercise of dual citizenship, and his unwillingness to renounce his Turkish citizenship in order to protect his foreign financial interests have not been mitigated. Clearance is denied.


Drugs; Personal Conduct

04/29/2004

Applicant has failed to demonstrate the Administrative Judge misapplied pertinent provisions of the Adjudicative Guidelines. The federal government is not equitably estopped from denying or revoking a security clearance. The Judge's credibility determination will not be disturbed on appeal unless the appealing party shows it is arbitrary, capricious, or contrary to law. Board cannot consider new evidence on appeal. Judge's findings and conclusions about Applicant's marijuana use and falsification of a personnel security questionnaire are sustainable. Adverse decision affirmed.


Criminal Conduct; Drugs; Personal Conduct

04/28/2004

Applicant was convicted of Receiving Stolen Goods in 1975, sentenced to imprisonment for two years (all but 60 days being suspended), placed on eighteen months supervised probation, and ordered to pay restitution. Applicant also abused various controlled substances when he was younger, was convicted of Possession of Marijuana in 1982, and last used marijuana in 1998. He failed to disclose the 1998 marijuana use in a Security Clearance Application (SF 86) he signed on August 19, 2002. Applicant has mitigated the security concern caused by his drug involvement, but has failed to mitigate the security concern that arises from his personal conduct in providing a false answer 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

04/28/2004

Applicant's foreign family ties and other connections have been mitigated, and do not raise a security concern. Clearance is granted.


Financial; Personal Conduct

04/28/2004

Applicant's financial problems led him to file Chapter 13 bankruptcy in 2002. He has a history of financial delinquencies and bad debts. He failed to report material facts relating to his financial liabilities on the security clearance application he completed and certified on July 30, 2001. He did not provide financial information requested by DOHA in interrogatories served on him in April 2003. Applicant's financial problems and his lack of candor raise security concerns which he is unable to mitigate. Clearance is denied.


Financial; Foreign Preference

04/28/2004

The Applicant has either paid off or is paying, pursuant to a consolidated debt management plan, all of her alleged past due indebtedness. Her past due indebtedness was the result of a series of periods of unemployment. She is now gainfully employed and has a positive monthly cash flow of $1,300. She has also renounced her Hungarian citizenship and surrendered her Hungarian passport. Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

04/28/2004

The Applicant has six tax liens totaling over $60,000 that he owes to his State. The Applicant states he has no intention of paying them because he disputes the fact that he is responsible for them. He also has a smaller lien to his borough that he is paying on an annual basis. The Applicant intentionally failed to inform the Government of the existence of the tax liens and of two alcohol related arrests on his Security Clearance Application. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Information Technology; Sexual Behavior; Criminal Conduct; Personal Conduct

04/28/2004

Applicant's hobby was participating in organizations that promote bondage, discipline, sadism, and masochism. He also downloaded from the internet onto his company computer images of actual naked children and pornographic images of women. Applicant failed to mitigate security concerns raised by his misuse of information technology systems, his sexual behavior, and his personal conduct. Clearance is denied.


Personal Conduct

04/28/2004

Applicant is a 47-year-old employee of a shipyard working on U.S. Navy ships for the past nine years. He is a 22 year veteran of the Navy. He retired as a Chief Petty Officer. Applicant admitted l2 driving offenses relating to speeding, failure to yield, and attempting to elude police from June 1981 until December 200l. A pattern of rule violations was established. Although he has not had any driving offenses for over two years and has shown a change of attitude, it is premature to grant a clearance. Clearance is denied.


Criminal Conduct

04/27/2004

Forty-one-year old Applicant's 1988 arrest for trafficking a controlled substance, cocaine, and conspiracy to traffic a controlled substance, cocaine, following several sales of cocaine to an undercover narcotics agent for the sheriff's department, resulted in her conviction on three counts of trafficking a controlled substance, cocaine. She was eventually convicted and sentenced, in part, to serve nine years in prison on each of the three counts, to run concurrently, all of which was suspended except for time served, and placed on five years probation. The application of 10 U.S.C. 986 disqualifies her from eligibility for a security clearance. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is not recommended.


Foreign Influence

04/27/2004

Applicant, a 25-year-old native-born U.S. citizen, is currently employed as an electrical engineer for a major defense contractor since August 2002, and he is seeking a security clearance for that employment. In June 2001, Applicant married a citizen of Malaysia who was a student at a U.S. university; she is now a U.S. permanent resident alien. Based on his marriage, Applicant has in-laws who are citizen residents of Malaysia. Although his connections to Malaysia raise a security concern for foreign influence under Guideline B, Applicant has successfully mitigated the security concern. Clearance is granted.


Financial

04/27/2004


Financial

04/27/2004

Security concerns remain over financial issues because of Applicant's delay in seeking to resolve these long-standing debts to multiple creditors. She has only paid off one debt and has a payment plan to resolve her past federal and state taxes. All other debts remain unresolved. Clearance is denied.


Criminal Conduct; Financial

04/27/2004

Applicant was convicted of several offenses in 1980 and sentenced to more than a year in jail. He has delinquent debts totaling more than $25,000. Although Applicant mitigated his criminal conduct, his sentence disqualifies him from holding a security clearance absent a waiver from the Secretary of Defense. Applicant failed to mitigate security concerns raised by his financial problems. Clearance is denied.


Financial; Personal Conduct

04/27/2004

While Applicant filed for Chapter 13 bankruptcy in April 2003 to resolve his financial problems, security concerns remain because of his delay in seeking a legal way to resolve these long-standing debts to several creditors. In addition, he failed to document his regular monthly payments to the bankruptcy court which will continue until April 2006 before his debts are fully resolved. Further, personal conduct concerns remain over his failure to reveal the full extent of his financial problems on his security questionnaire. Clearance is denied.


Security Violations; Personal Conduct

04/27/2004

Applicant is a 48-year-old retired Navy petty officer who has been employed by defense contractors as a LAN maintenance technician since October 1996. Upon his discharge from the Navy, Applicant packed a file box with various training manuals and other documents he had been issued and stored it in his attic. He discovered the box while cleaning the attic in 1999, and relocated it to his workplace with the intent to shred the documents. The file box was discovered by a co-worker who reported it to authorities. Examination of the contents disclosed it contained three documents classified as Confidential. Applicant has mitigated the security concern caused by his inadvertent mishandling of classified material. Clearance is granted.


Personal Conduct

04/26/2004

Applicant acknowledged to a Defense Security Service investigator that he been a party to the removal and distribution of his former employer's computers to other employees. Applicant had become concerned that what he had done under his supervisor's direction was not authorized. However, the record establishes that the division manager and corporate vice president of Applicant's former employer authorized and directed the distribution of the surplus company computers to laid off employees. Evidence suggesting wrongdoing by Applicant has not been substantiated. Clearance is granted.


Foreign Influence

04/26/2004

The security concerns raised pertaining to a 53-year-old Applicant who was born in Greece and is a naturalized U.S. citizen--with relatively insubstantial foreign financial interests--who has a brother and friend who are Greek citizens and residents, neither of whom appears to be in a position to be exploited by Greece, have been mitigated by the evidence developed herein. Clearance is granted.


Foreign Influence; Personal Conduct

04/26/2004


Financial; Criminal Conduct

04/26/2004


Financial; Personal Conduct; Criminal Conduct

04/26/2004

Applicant owes approximately 13 creditors approximately $75,000.00. Applicant made material omissions on his security clearance application. Applicant admits his debt and material omissions. Applicant offered no evidence of a credible plan or commitment to repay these debts. His lack of truthfulness in providing required information on the security clearance application raises questions and doubts about his security eligibility and suitability. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

04/26/2004

Applicant is a 41-year-old electrical engineer employed in the high-tech field for a defense contractor. He emigrated to the U.S. in his youth and became a citizen in 1983. He developed two contacts in Israel and two others in Russia and the Ukraine. He has visited them all and one visited him in the U.S. on three occasions staying in Applicant's home. His responses on the Application for Security Clearance (SF 86) omitted certain critical information concerning his travels and his contact's travels to the U.S. as did his responses to three security interviews over a six-year period. Clearance is denied.


Personal Conduct

04/23/2004

The Applicant answered "No" to question 26 on his Security Clearance Application (SCA). He misread the question, and thought that, as the charge against him was dismissed and was later expunged, he did not have to list the underlying arrest for Disorderly Conduct. The Applicant has had no other arrests. As there was no wilful falsification, Guideline E is found for the Applicant. Clearance is granted.


Foreign Preference

04/23/2004

Applicant's exercise of dual citizenship, including possession of an expired foreign passport, with no desire to renounce his dual citizenship, has not been mitigated. Clearance is denied.


Financial; Personal Conduct

04/23/2004

Applicant with history of delinquent debts incurred during his former marriage has been unable to document any material progress in taking care of his debts and fails to mitigate risks associated with both his problem finances and his falsification of his SF-86 on the subject of his debt delinquencies. Clearance is denied.


Financial; Personal Conduct

04/23/2004

Applicant admits financial delinquencies, including bad debts and two judgments entered against him. He failed to report material facts relating to his financial liabilities on the security clearance application he completed and certified on October 1, 2001. Applicant's financial problems and his lack of candor raise security concerns which he is unable to mitigate. Clearance is denied.


Criminal Conduct; Drugs; Alcohol; Personal Conduct

04/23/2004

Applicant was convicted in 1983 of Burglary and Criminal Mischief. He was given suspended sentences of 10 years and 5 years in prison, respectively. He also falsified a security clearance application regarding his criminal history. The provisions of 10 U.S.C., 986 apply. Adverse inference is not overcome. Clearance is denied.


Financial

04/22/2004

Although an Administrative Judge must make findings, reach conclusions, and apply pertinent provisions of the Adjudicative Guidelines to each allegation in an SOR, the Judge also must evaluate an applicant's security eligibility under the whole person concept after considering the record evidence as a whole. Applicant's security eligibility does not turn on the Judge's findings and conclusions with respect to one paragraph of the SOR, but rather on the Judge's findings and conclusions about the overall facts and circumstances of Applicant's history of financial difficulties. Applicant's ability to argue for an alternate interpretation of the record evidence does not demonstrate the Judge's interpretation of that evidence is arbitrary or capricious. Given the record evidence in this case, the Judge had a rational basis for his conclusion that Financial Considerations Mitigating Condition 6 was not applicable. Adverse decision affirmed.


Foreign Influence

04/22/2004

Applicant is married to a woman from Kazakhstan who has relatives living in Russia. Two of Applicant's three brothers are married to Russian women, at least one of whom has relatives living in Russia. Applicant failed to mitigate foreign influence security concerns raised by his associations with these Russian citizens. Clearance is denied.


Financial; Personal Conduct

04/22/2004

The Administrative Judge's finding that many of Applicant's financial problems could be traced to conditions largely beyond her control did not compel the Judge to make a favorable decision. The Judge reasonably could consider whether Applicant acted in a reasonable manner when dealing with her financial difficulties. Applicant has not shown that the Judge weighed the evidence in a manner that is arbitrary, capricious or contrary to law. There is sufficient record evidence to support the Judge's finding that Applicant falsified a security clearance questionnaire. Adverse decision affirmed.


Foreign Influence

04/21/2004

Applicant, a certified public accountant who owns his own business, was born in Pakistan. He has lived in the United States since he was approximately 15 years old, and he received his secondary, college, and graduate education in the United States. Applicant's father, who is in poor health, and two of his siblings are residents and citizens of Pakistan. His wife is a U.S. citizen. Her father, who is in fragile health, three of her siblings, and an aunt are residents and citizens of Pakistan. Applicant and his wife are in frequent telephone contact with their fathers and solicitous of their health. Applicant's continuing ties of affection and obligation to family members in Pakistan create the potential for foreign influence that could result in the compromise of classified information. Clearance is denied.


Drugs

04/21/2004

This forty four year old Applicant has used marijuana for many years, through at least November 2003, including after he completed a Security Clearance Application (SCA) and responded to the Statement of Reasons (SOR) . In a May 2002 signed, sworn declaration and in his September 2003 response to the SOR, Applicant indicated that he intended to continue using marijuana in the future. The application of 10 U.S.C. 986 disqualifies him from eligibility. Mitigation has not been shown. Clearance is denied.


Financial

04/21/2004

Applicant with a history of delinquent debts accumulated during college, who failed to resolve them after he had gained employment and presents no concrete plan to address them in the future, fails to mitigate security risks associated with his still unresolved debts and delayed willingness to address them until after he received the SOR. Clearance is denied.


Criminal Conduct; Personal Conduct

04/21/2004

This 32-year-old imagery analyst committed a series of seven criminal acts (both felony and misdemeanor) over a 15-year period from 1988 to March 2003. In addition, he falsified his 1999 security clearance application by omitting any mention of his two felony arrests and he lied to the arresting police officer in March 2003 by reporting that his car, which he had crashed, had been stolen. His poor judgment and criminal conduct have continued until recently. Mitigation has not been established. Clearance is denied.


Foreign Influence

04/21/2004

Applicant mitigated security concerns over foreign influence raised by her husband's family ties in Iran, a country hostile to the U.S. Applicant, who has previously served as an officer in the U.S. military, anticipates she would resist and report any future pressure. Her husband provided similar assurances. Given her history of responsible conduct, I think it improbable that foreign pressure would subject her to duress from her husband's family in Iran with whom she has casual and infrequent contact. Clearance is granted.


Criminal Conduct; Alcohol; Financial

04/21/2004

Board cannot consider new evidence on appeal. Given the record evidence in this case, the Administrative Judge's findings and conclusions about Applicant's unresolved financial difficulties are sustainable. The Judge properly concluded that Applicant's 1996 conviction falls under the scope of 10 U.S.C. 986. Given the applicability of 10 U.S.C. 986 to Applicant's case, the Judge was precluded from concluding Applicant's criminal conduct was successfully mitigated under Guideline J and making a favorable security clearance decision. Because the Board is not affirming the Judge's decision solely based on the applicability of 10 U.S.C. 986, the Board is not authorized to make any recommendation as to whether Applicant's case should be considered for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Foreign Influence; Foreign Preference

04/21/2004

Applicant, a 44-year-old married man, is currently employed as a consultant for a defense contractor, and he has held a security clearance for the last 19 years for his work in the defense industry. By his actions--obtaining Latvian citizenship, possessing and using a Latvian passport, and voting in a Latvian election--Applicant has demonstrated a preference for Latvia. He is unwilling to renounce his Latvian citizenship, and he is unwilling to surrender his Latvian passport. His preference for Latvia raises a security concern under Guideline C, which Applicant is unable to successfully mitigate or extenuate. Clearance is denied.


Financial; Criminal Conduct

04/20/2004

Given the record evidence in this case, the Administrative Judge's application of the Adjudicative Guidelines to Applicant's history of financial difficulties was not arbitrary or capricious. Applicant has not demonstrated the Judge weighed the record evidence in a manner that is arbitrary, capricious, or contrary to law. Decisions by Hearing Office Judges in other cases are not legally binding precedent that the Judge had to follow in this case. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

04/20/2004

Applicant's history of financial indebtedness, caused by a two year period of part-time seasonal employment from 1997 to 1999, has been mitigated by a good faith effort to resolve his indebtedness. His intentional falsification on his security clearance application concerning his financial history has not been mitigated. Clearance is denied.


Foreign Influence

04/20/2004

Applicant, a Syrian native who became a United States naturalized citizen in April 1981, married a Syrian citizen in Syria in September 2002. A physician, she joined Applicant in the United States in November 2003. Foreign influence concerns persist because of this close relationship and the Syrian residency and citizenship of four of Applicant's sisters and the Lebanese citizenship and residency of another sister. He is unwilling to apply to formally renounce his Syrian citizenship out of fear it could place his foreign relatives in jeopardy. Clearance is denied.


Foreign Influence; Personal Conduct

04/20/2004

Born in Vietnam, Applicant failed to mitigate security concerns over foreign influence resulting from his ties to Vietnam. He became a naturalized U.S. citizen in 1993. When he returned to Vietnam in 1995, he was repeatedly questioned and threatened by Vietnamese officials and was forced to pay these officials at each meeting. After a local police chief also threatened him, he gave that official a large sum of money. Based on his past response to these threats, there is substantial likelihood that he could be subject to duress again. Thus foreign influence could create a situation that could result in the compromise of classified information. Also, security concerns remain over personal conduct as Applicant falsified his birth date on official government forms. Clearance is denied.


Financial

04/20/2004

Applicant's history of financial indebtedness has not been mitigated by a good faith effort to repay her creditors or otherwise resolve her financial indebtedness. Clearance is denied.


Alcohol

04/19/2004

Applicant has been arrested seven times for alcohol-related offenses since 1973. His last offense, an arrest and conviction for driving while intoxicated, took place in 1994; however, Applicant still drinks to excess at least monthly and has offered no information to mitigate or extenuate the security concerns raised under Guideline G (alcohol consumption). Clearance is denied.


Personal Conduct

04/19/2004

Decisions by Hearing Office Administrative Judges are not legally binding on their colleagues in other cases, and are not binding on the Board in any case. Applicant has not rebutted or overcome the presumption that the Judge considered all the record evidence. Applicant has not shown that the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

04/19/2004

Although Applicant has a full-time position with the federal government, in addition to his full-time position as a security officer with a defense contractor, and he receives retirement pay for his service in the Navy, more than $1,782.00 is garnished from his income each month for child support he is required to pay four jurisdictions for his six children. Applicant has established his payment of some lesser bad debts, but he has failed to mitigate his arrearage for child support that exceeds $18,000.00. Applicant has also failed to demonstrate any improvement from a $455.00 per month deficit on his personal financial statement in May 2003. Clearance is denied.


Criminal Conduct

04/19/2004

Applicant was found guilty and sentenced to one year in jail for each of two counts of simple sexual battery and one year in jail for indecent exposure, with the sentences to be served consecutively. The jail time was suspended and Applicant was sentenced to four years of supervised probation. Absent a waiver authorized by the Secretary of Defense, 10 U.S.C. 986 prohibits, by operation of law, the granting of a security clearance to an applicant who has been convicted in any court of the United States of a crime and sentenced to imprisonment for a term exceeding one year. 10 U.S.C. 986 applies to the terms of Applicant's sentence. Clearance is denied. Waiver is not recommended.


Personal Conduct; Alcohol

04/19/2004

Applicant's intentional falsification of material facts regarding his alcohol-related criminal conduct on a Security Clearance Application requires a denial of his clearance request. Clearance is denied.


Alcohol; Personal Conduct

04/16/2004

The Applicant did not wilfully falsify his Security Clearance Application (SCA). He is an admitted alcoholic, however, and has been diagnosed as such. His alcoholism is also evidenced by five alcohol related arrests. Although he is in an aftercare program, attends Alcoholics Anonymous (AA) on a regular basis, and has a favorable prognosis, he has only eight months of sobriety; and as such, it is too soon to say his alcoholism is not of present security significance. Clearance is denied.


Personal Conduct; Criminal Conduct

04/16/2004

Forty-one-year old Applicant was arrested in 1980, when he was 18 years old, and charged with (1) possession of marijuana, (2) possession of cocaine, (3) possession of paraphernalia, (4) 13 counts of theft, and (5) four counts of breaking and entering. Upon his pleas of guilty, he was convicted and sentenced for each charge individually. The various sentences included periods of confinement of six months, 12 months, 18 months, and four years, much of which was subsequently suspended. The application of 10 U.S.C. 986 disqualifies him from eligibility for a security clearance. Clearance is denied. Further consideration of this case for a waiver of 10 U.S.C. 986 is not recommended.


Foreign Preference Foreign Influence

04/16/2004

This 29-year-old engineering assistant was born in Poland to Polish parents, but has been a naturalized U.S. citizen since 2000, while retaining both his Polish citizenship and passport. His use of the Polish passport precludes a finding that he has an unequivocal preference for the U.S. and his failure to demonstrate his surrender of the Polish passport makes him ineligible to hold a DoD security clearance, pursuant to the Money Memorandum. Mitigation has not been adequately established. Clearance is denied.


Foreign Influence

04/16/2004

Applicant's foreign family ties, specifically his parents in Taiwan, his father who is a retired agent of the Taiwanese government, and who the Applicant continues to financially support, are in some respects still connected with the Taiwanese Government, as they depend on a pension and housing from the Taiwanese Government, which make the Applicant vulnerable to foreign influence and raises a security concern that has not been mitigated. Clearance is denied.


Personal Conduct

04/16/2004

Applicant's answers to two questions on her personnel security application were false. She admitted the falsifications, but supplied credible evidence to demonstrate that the falsifications were not deliberate and were the result of honest mistake. Applicant's record contains no other evidence of conduct raising a security concern. She appears trustworthy and able to safeguard classified material. Clearance is granted.


Drugs

04/16/2004


Drugs; Personal Conduct

04/16/2004

Board need not address arguments made by the appealing party that do not raise any claim of factual or legal error by the Administrative Judge. Applicant's disclosures to the government about his drug use did not preclude the Judge from considering the security significance of Applicant's overall history of drug use. An applicant's conduct is measured against the reasonable person standard. Given the record evidence in this case, it was not arbitrary or capricious for the Judge to not accept Applicant's claim that a federal investigator told him the Department of Defense condoned the social use of marijuana. Adverse decision affirmed.


Financial

04/15/2004

Applicant received a discharge of more than $17,000.00 in debts under chapter 7 of the bankruptcy code in July 1993. As of June 2003, he had accumulated more than $21,000.00 in delinquent accounts, and had deferred repayment of approximately $64,000.00 in student loans. He has now either satisfied or made arrangements to expeditiously satisfy his delinquent accounts, and entered into an agreement that will allow him to repay his student loans over the course of the next thirty years. Applicant's belated effort to repay long-standing past-due creditors is insufficient to mitigate the security concern caused by his many years of financial irresponsibility. Clearance is denied.


Foreign Influence

04/15/2004

Applicant is a U.S. citizen. His brother is currently a resident and citizen of Taiwan, and is employed by the Taiwanese government. Clearance is denied.


Criminal Conduct

04/15/2004

Applicant, a civilian employee of a defense contractor, was convicted of embezzlement from a former employer in 1986. He was sentenced to imprisonment for three years, suspended, five years supervised probation and to pay restitution in the amount of $3,500.00. The provisions of 10 U.S.C. 986 require that any person so convicted cannot hold a security clearance absent a waiver from the Secretary of Defense. The law requires that the finding be adverse. I do not recommend further consideration of this case for a waiver of 10 U.S.C. 986. Clearance is denied.


Foreign Influence

04/15/2004

Applicant, a 68-year-old married man, is employed as an investigator for a defense contractor. His son, daughter-in-law, and minor grandchildren are lawful residents in China pursuant to their work with a religious-based humanitarian organization. Based on the totality of facts and circumstances, Applicant has successfully mitigated the security concern for foreign influence under Guideline B. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

04/15/2004

Applicant's history of marijuana use is not recent, and it has been mitigated by five and a half years of a drug free lifestyle. His intentional falsifications on his security clearance application concerning his illegal drug involvement, and the fact that he was previously investigated by the Department of Defense, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

04/15/2004

Applicant had numerous delinquent accounts that originated when he and his wife separated and she abused their joint credit. He was awarded most of the joint liability when they divorced in 2001. He has now discharged most of that liability through a Chapter 7 bankruptcy, is living within his means, and has resumed a financially stable lifestyle. Applicant has mitigated the security concern caused by the financial considerations that arose in his life. Clearance is granted.


Financial; Personal Conduct

04/15/2004

The Applicant filed for the protection of bankruptcy in 1994 and again in 2002. Both filings were caused by conditions largely beyond his control. He has filed all of his outstanding federal and state income tax returns, prior to the issuance of the Statement of Reasons. Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

04/15/2004

Applicant's long-standing indebtedness, and her stated intention not to address it, precludes a finding that it is now clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Foreign Influence

04/15/2004

Applicant is a United States citizen. His spouse since 1976 is a citizen of the Philippines. There is no evidence that his spouse is connected to the government of the Philippines, or that she is in a position to be exploited by the Philippines in a way that could force applicant to choose between his loyalty to her and his loyalty to the United States. Applicant's two sisters-in-law and one brother-in-law, and his spouse's son from a pervious marriage, are citizens and residents of the Philippines. There is no evidence that applicant and/or his wife have any relationship or contact with these individuals. Clearance is granted.


Foreign Preference; Foreign Influence

04/15/2004

The Applicant has expressed a willingness to renounce his Iranian citizenship, but does not want to relinquish his Iranian passport for personal reasons. He has failed to comply with the provisions of the Money Memorandum, and does not fall within the Government's exception. He has no significant family ties or foreign contacts in Iran that could raise a security concern. Clearance is denied.


Drugs; Alcohol

04/15/2004

Even if an applicant were able to present credible evidence of misconduct by a DSS Agent, such evidence would not entitle the applicant to a favorable security clearance decision. An applicant is not entitled to a favorable security clearance decision based on a claim of equitable estoppel. Although the exclusionary rule does not apply in DOHA proceedings, an applicant is not precluded from asking a Judge to give little or no weight to an applicant's prior written statement based on a claim that the written statement was the product of coercion or duress. However, an applicant seeking to attack a prior written statement must do more than just make a claim of impropriety by a DSS Agent. Such a claim must be evaluated in light of the record evidence as a whole to determine whether: (a) there is clear evidence that overcomes the presumption that DSS Agents carry out their duties properly and in good faith, (b) the applicant's written statement was obtained by means that were coercive, oppressive, or reasonably calculated to overbear the applicant's will, and (c) the evidence supporting a claim of coercion or duress satisfies an objective, reasonable person standard. Given the record evidence in this case, the Judge did not act in an arbitrary or capricious manner or contrary to law by considering and relying on Applicant's December 2001 written statement. Adverse decision affirmed.


Foreign Influence

04/14/2004

Applicant is a naturalized U.S. citizen born and raised in mainland China. His wife lives with him in the U.S., but is still a citizen of China. His parents, brother and his wife's parents are all citizens of and living in China. Applicant has failed to mitigate the resulting Guideline B (Foreign Influence) security concerns. Clearance is denied.


Drugs; Alcohol; Personal Conduct

04/14/2004

This 42-year-old owner of a computer consultant firm has a history and pattern of alcohol and drug abuse beginning more than 20 years ago and ending only in the early 2000s. He also falsified material fact about his substance abuse and treatment in a 2002 security clearance application and in a sworn statement to a Defense Security Service (DSS) agent. The numerous recommendations submitted by his colleagues is helpful but does not mitigate his history of misconduct and denial. Mitigation has not been adequately established. Clearance is denied.


Criminal Conduct

04/14/2004

The Applicant's past criminal conduct is evidenced by a citation in April of 1999 and an arrest in July 2002, both for Driving Under the Influence of Alcohol (DUI). Since his last arrest, he no longer consumes alcohol, he attends Alcoholics Anonymous (AA) on a regular basis, he also attends church on a regular basis, and he intends no future consumption of alcohol. As there is "clear evidence of successful rehabilitation," mitigation is shown and the clearance is granted.


Foreign Influence

04/14/2004

Security concerns were raised regarding a 42-year-old Iranian-born naturalized U.S. citizen who was sent to the U.S. when he was 17 years old by his father who was a senior official in the Iranian army under the Shah. He has a permanent resident, non-U.S. citizen, mother (a citizen of Iran), and two siblings who continue to be citizens and residents of Iran. He has not seen his siblings in over 25 years and had a strained relationship with them before he left Iran. The brother (with whom he has no closer than a casual or infrequent relationship, if that) and the sister (with whom he retains a closer telephone relationship and sends her a modest amount of money for support), are not agents of Iran or in a position to be exploited by that totalitarian theocratic government. The security concerns have been mitigated by the evidence developed herein. Clearance is granted.


Foreign Influence

04/14/2004

Applicant is a naturalized U.S. citizen who was born and raised in mainland China. His wife was also born in China, and is a naturalized U.S. citizen as well living with him in the U.S. His parents, his wife's parents, and one of his two brothers are all citizens of and living in China. His other brother is a Chinese citizen, but lives in Brazil. Applicant admitted the SOR allegations, but has failed to provide any information to mitigate or extenuate the resulting Guideline B (Foreign Influence) security concerns. Clearance is denied.


Financial; Personal Conduct

04/14/2004

There is a rebuttable presumption that an adult applicant is legally competent and is capable of making rational decisions. Having decided to represent himself during the proceedings below, Applicant cannot fairly complain about the quality of his self-representation or seek to be relieved of the consequences of his decision to represent himself. If neither party asks for a hearing, then the Directive does not authorize the Judge to hold a hearing on the Judge's own motion. The record below does not support Applicant's claim that he was denied the opportunity to present evidence on his own behalf. The Judge was not required to accept Applicant's explanations for his conduct. Rather, the Judge could consider those explanations in light of the record evidence as a whole. The Judge is not limited to considering Applicant's job performance and conduct during duty hours. An applicant's off-duty conduct may be considered in assessing his security eligibility. Adverse decision affirmed.


Alcohol

04/13/2004

The Applicant has only one alcohol related incident, an arrest which occurred in May of 2001, almost three years ago. Although he has never been diagnosed to have a problem with alcohol, since his arrest, the Applicant only consumes alcohol on rare social occasions, once or twice a year, and never to the point of intoxication. Mitigation is shown. Clearance is granted.


Criminal Conduct

04/13/2004

On March 30, 1987, Applicant was convicted of Conspiracy to Possess Cocaine and Possession With Intent to Distribute Cocaine. He was sentenced to be confined for a term of three years on each count, the sentences to run concurrently. He served slightly more than two years in federal prison camps before being paroled to a halfway house on May 11, 1989. 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.


Foreign Preference; Foreign Influence

04/13/2004

Applicant's exercise of dual citizenship, and other foreign ties and connections have been mitigated, and do not raise a security concern. Clearance is granted.


Financial

04/13/2004

Applicant's inability or unwillingness to address her long-standing past-due debts precludes a finding that it is now clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Alcohol; Personal Conduct; Financial

04/13/2004

Applicant's 20+ year history of alcohol abuse and dependence was not mitigated where it was punctuated by six alcohol-related arrests and seven alcohol-related treatments, several of which resulted in a diagnosis of alcohol dependence by a credentialed medical professional. Applicant's evidence fails to establish that she has either stopped consuming or stopped abusing alcohol, or otherwise has a recovery system in place to prevent recurrence of her alcohol abuse. Clearance is denied.


Criminal Conduct; Drugs; Alcohol; Personal Conduct

04/13/2004

On Remand, error of identification of Applicant's sex and age have been corrected. His criminal conduct, drug involvement and alcohol abuse have been mitigated, as the problems occurred a number of years ago and there is no indication of recent problems. Applicant's attempt to conceal his criminal history and employment history on his security clearance application has not been mitigated. Clearance is denied.


Personal Conduct; Criminal Conduct

04/13/2004

Applicant's conviction and sentence of more than one year of incarceration disqualifies him from receiving a security clearance under 10 U.S.C. 986. Clearance is denied.


Security Violations; Foreign Influence; Personal Conduct

04/13/2004

Given the record evidence in this case, it was arbitrary and capricious for the Administrative Judge to conclude Applicant's security violations were isolated, infrequent, and inadvertent. There is insufficient record evidence in this case to support a finding that the six classified documents which Applicant was unable to account for were burned. Under the particular facts of this case, the Judge's application of Foreign Influence Mitigating Condition 1 was harmless error. The record evidence does not support the Judge's application of Foreign Influence Mitigating Condition 3. Record evidence does not support the Judge's favorable conclusions about Applicant's failure to fully disclose his contacts with two citizens of the People's Republic of China. Favorable decision reversed.


Financial; Personal Conduct

04/13/2004

Applicant accumulated over $12,000.00 in delinquent and overdue debts between 1996 and 2003. Despite a stated intent to pay several of her debts in early 2001, she failed to act until two years later. Applicant also deliberately omitted information about her delinquencies from a security questionnaire in 1999. She has failed to present information sufficient to mitigate the resulting security concerns about her finances and personal conduct. Clearance is denied.


Criminal Conduct; Information Technology; Personal Conduct

04/13/2004

The Applicant misused Government technology equipment in 1997 and 1999 by using it to access pornography. The Applicant's conduct was intentional and not mitigated. In addition, the Applicant falsified a Security Clearance Application concerning the circumstances of his resignation from Government service. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Financial

04/12/2004

Applicant's history of outstanding financial indebtedness, which commenced when he married and became an instant father to his own child and three stepchildren, and was exacerbated by six month's of unemployment, has been mitigated by his working two jobs and his recent efforts to fully satisfy all such debts, as well as his new attentiveness to his finances. With all but one of the debts satisfied, and Applicant unable to locate the remaining creditor, the questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial; Personal Conduct

04/12/2004

Applicant, who has a history of financial delinquency discharged in an April 1993 bankruptcy, incurred some $16,244.00 in delinquent debt in 2001. His recent financial problems are attributable to his low wages, subsequent unemployment, and his spouse suffering from serious medical illnesses that left her unable to work for about eleven months. He has settled two of his delinquent accounts and paid another in full. Unresolved delinquencies are not of sufficient concern to deny him access to classified information because they resulted from unforeseen circumstances over which he had no control. While he did not list any debts on his security clearance application, he had no intent to mislead the Government. Clearance is granted.


Foreign Influence

04/12/2004

The Applicant's parents, one of her sisters, and one of her brothers-in-law either work for or worked for ministries of the People's Republic of China (PRC). Her other sister is also a member of the communist party of the PRC. These connections with a foreign government, through her relatives, are not mitigated. Clearance is denied.


Criminal Conduct

04/09/2004

Applicant was convicted of 2nd Degree Arson on November 6, 1972 and sentenced to ten years in prison. He was seventeen years old when he committed the offense, and nineteen years old when he was paroled on June 18, 1974. He has now been married for twenty-six years, has been continuously gainfully employed since being paroled, and has no subsequent criminal history. 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 recommend further consideration of this case for a waiver.


Financial; Personal Conduct

04/09/2004

Applicant's history of financial indebtedness caused by circumstances beyond his control, (mainly his ex-wife's chemical dependence) resulting in his separation and divorce has been mitigated by his filing of bankruptcy. His intentional falsifications on his security clearance application concerning his financial history have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Financial

04/09/2004

Applicant's evidence in mitigation also fails to overcome his deliberate omission of material information from his security clearance application (SCA) in February 2001. Though Applicant's financial problems were caused by a medical condition difficult to treat, the lack of documentation to support his claims of paying at least one of his creditors defeats his claim that he is resolving his tax and other delinquent debt troubles. Clearance is denied.


Financial

04/09/2004

Applicant has delinquent debts totaling approximately $27,000. Although he worked out a plan with a credit counselor to pay these debts, he failed to adhere to it. Applicant failed to mitigate security concerns raised by his financial situation. Clearance is denied.


Alcohol; Personal Conduct

04/09/2004

Applicant with a history of alcohol-related incidents and abusive drinking that continues to the present, and who falsified his SF-86 by omitting most of his alcohol-related incidents, fails to mitigate security concerns associated with his judgment lapses. Clearance is denied.


Financial; Criminal Conduct

04/09/2004

Applicant is 33 years old. He works for a contractor in a mail room overseas. He failed to pay 30 debts incurred over several years. He admits 26 of these debts. Applicant failed to file his 2000 federal income tax form. He has three shoplifting charges, but no convictions on those charges, in 1998 and 1999, all of which he admitted. Applicant did not mitigate the financial and criminal conduct allegations and grave security concerns remain. Clearance is denied.


Financial; Personal Conduct

04/09/2004

Applicant has a history of financial delinquencies, some of which have now been fully satisfied, with the remainder under control. To a large extent his financial problems coincided with his wife's health problems, the resulting loss of her income, and distractions her failing health and the pregnancy of his minor daughter caused. He failed to disclose in a security clearance application his debt situation, but credibly explained that resulted from his ignorance of his financial condition and not an intent to falsify the application. Applicant has mitigated the security concerns caused by both his financial considerations and personal conduct. Clearance is granted.


Foreign Influence

04/09/2004

It was arbitrary and capricious for the Administrative Judge to not discuss or mention in his decision the hostility of Iran's government toward the United States. A favorable credibility determination is not a substitute for record evidence and does not relieve the Judge from the obligation to decide what weight reasonably can be given to the Applicant's testimony in light of the record evidence as a whole. Judge's application of Foreign Influence Mitigating Condition 1 is flawed for various reasons. The evidence that Applicant does not have a preference for Iran does not negate the security concerns raised under Guideline B. Favorable decision reversed.


Criminal Conduct; Personal Conduct

04/08/2004

Applicant was convicted on three occasions between 1997 and 1999 of either not having a valid driver's license or driving while his license was suspended. Each of those offenses arose from an unpaid traffic fine that was levied in the state where Applicant previously resided. He was also charged with misdemeanor assault in 1996. That charge was dismissed after he paid a fine and attended an anger management course. Applicant credibly explained why he did not disclose these occurrences in the security clearance application he signed in December 1999. Applicant has mitigated all security clearance concerns. Clearance is granted.


Financial; Personal Conduct

04/08/2004

The Applicant has addressed all of his past due indebtedness. It was caused by his being unemployed for about two years. When the Applicant responded to Financial Interrogatories (FIs) in March of 2003, he responded truthfully as to what he knew at that time. Mitigation is shown. Guidelines E and F are found for the Applicant. Clearance is granted.


Criminal Conduct

04/08/2004

Applicant's offer to present names of men who could vouch for his honesty is untimely. During the proceedings below, Applicant had ample opportunity to present evidence for the Administrative Judge to consider in his case. Given the record evidence of Applicant's criminal conduct, he had the burden of presenting evidence of extenuation, mitigation, or changed circumstances sufficient to show that it is clearly consistent with the national interest to grant or continue a security clearance for him. Applicant has failed to show th Judge acted in a manner that is arbitrary, capricious, or contrary to law in assessing the evidence as a whole and deciding Applicant had not satisfied his burden of persuasion. The importance of a security clearance to an applicant's job situation has no probative value as to whether that applicant demonstrates the high degree of judgment, reliability, and trustworthiness required of persons being granted access to classified information. Adverse decision affirmed.


Criminal Conduct; Alcohol; Personal Conduct

04/08/2004

Because there is no presumption of error below, the Board need not review the Administrative Judge's findings of fact when Applicant does not challenge them on appeal. The Judge must consider the record evidence as a whole, decide whether the favorable evidence outweighs the unfavorable evidence or vice versa, and decide whether Applicant has satisfied his burden of persuasion under Directive, Additional Procedural Guidance, Item E3.1.15. Whether an unfavorable security clearance decision will adversely affect an applicant's job situation has no probative value as to whether that applicant demonstrates the high degree of judgment, reliability, and trustworthiness required of persons granted access to classified information. Adverse decision affirmed.


Financial

04/08/2004

Applicant accumulated substantial debt while in the U.S. Army. After being ordered to get financial counseling, Applicant put a financial plan into effect that seemed to produce results. When he separated from the Army, Applicant still had outstanding debts of about $7,000. He could not find a civilian job that allowed him to continue making payments to his creditors. Applicant continued to make poor financial choices by purchasing vehicles he could not afford. He filed for Chapter 7 bankruptcy after receiving the SOR. Applicant failed to demonstrate that his financial problems are under control. Clearance is denied.


Drugs

04/07/2004

Applicant's marijuana abuse commenced in October 1976, when he was 26-years-old, and continued, with varying frequency, until about April 1983. He apparently abstained until 1998. Thereafter, until at least October 2002, Applicant again abused marijuana, with varying frequency. He sees nothing wrong with abusing marijuana, regardless of how illegal it may be to do so, and may continue such marijuana abuse if the opportunity--a concert, extended weekend, long holiday, or vacation break--presents itself. His marijuana abuse and refusal to provide a clear and unambiguous expressed intent to discontinue any substance abuse leave grave doubts as to his security eligibility. Clearance is denied.


Drugs; Personal Conduct

04/07/2004

Board cannot consider new evidence on appeal. There is no presumption of error below and the appealing party has the burden of establishing, with specificity, error in the record below. Applicant's honesty about his marijuana use did not preclude the Administrative Judge from evaluating the security significance of Applicant's history of marijuana use. The record evidence of Applicant's overall history of marijuana use provides an adequate basis to sustain the Judge's decision. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

04/07/2004

Applicant mitigated security concerns over the financial problems created by his wife's compulsive gambling in 1996-99 and over allegations of personal conduct, and criminal conduct.. When he completed his security forms in 1999, he had no knowledge of their financial difficulties: his wife handled their finances and initially hid these debts. As he had no intent to falsify on his security form, no personal conduct and criminal conduct security concerns were demonstrated. To deal with her gambling debts, his wife sought financial and other counseling. They resolved debts to many creditors not alleged in the SOR. While they only paid one creditor, the other creditors wrote off their debts several years ago; and they have not incurred any new debts. Applicant is now more involved in the family finances and is highly regarded at work. Clearance is granted.


Foreign Preference; Foreign Influence

04/07/2004

The Applicant is a naturalized American citizen of Filipino descent. She has been an American citizen for 19 of her 27 years. She does not intend to be a dual citizen of the Philippines, and has never acted in a way to show a preference for the Philippines over the United States. Her parents and grandfather are also naturalized American citizens of Filipino descent. Her parents live in the United States. Her grandfather lives in the Philippines and the Applicant has little contact with him. Adverse inference is overcome. Clearance is granted.


Alcohol

04/07/2004

Applicant's prolonged and episodic abuse of and dependence on alcohol has caused significant damage to his health and well-being. He continues to drink alcohol, raising serious concerns about his security worthiness. Clearance is denied.


Foreign Influence

04/06/2004

Applicant has established that her Chinese-born daughter became a U.S. citizen when Applicant became a U.S. citizen in 1999. However, she has failed to show that her father and four brothers, who are citizens and residents of China, are not in a position to be exploited. Her contact and that of her husband and minor daughter with relatives in China includes seven total trips to China in nine years, as recently as 2001. Such visits by Applicant, as well as by other family members, increases applicant's vulnerability to coercion, exploitation, or pressure by the Peoples' Republic of China. Clearance is denied.


Drugs; Personal Conduct

04/06/2004

Applicant, a 54-year-old employee of a university laboratory that has defense contracts, was a recreational user of marijuana for extended periods of time during the last 30 years. He last used marijuana less than a year and a half before the hearing in this matter. He admitted use of cocaine, LSD, and speed in the 1970's. Applicant stopped using drugs between 1986 and 1994 during and after participation in a self-help group for adult children of alcoholics. He resumed drug use in 1998 and continued it until September 2002. Clearance is denied.


Drugs; Personal Conduct

04/06/2004

This twenty five year old Applicant has used marijuana more than 500 times, including after he completed a Security Clearance Application (SCA). In his October 2003 response to the Statement of Reasons (SOR) and in a March 2002 signed, sworn declaration, Applicant stated that he would only discontinue his use of marijuana in the future if he was granted a security clearance. The application of 10 U.S.C. 986 disqualifies him from eligibility. Mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct

04/06/2004

An applicant's statements about his intent and state of mind when he completed his security clearance application are relevant evidence, but they are not binding on the Administrative Judge. The Judge has to consider an applicant's statements in light of the record evidence as a whole, and an applicant's denial of any intent to falsify does not preclude the Judge from making a finding contrary to the applicant's denial. Credibility determinations are entitled to deference and the party challenging them has a heavy burden of persuasion on appeal. The Judge's finding that Applicant falsified a security clearance application is sustainable. Adverse decision affirmed.


Financial

04/06/2004

Applicant admits financial delinquencies, including bad debts and a judgment entered against her. Her unmitigated history of financial over extension raises serious security concerns. Clearance is denied.


Personal Conduct; Sexual Behavior; Criminal Conduct

04/06/2004

Given the Administrative Judge's unchallenged findings of fact, the Judge had a rational basis for concluding serious security concerns were raised by Applicant's sexual encounters, Applicant's falsifications about those sexual encounters, and Applicant's vulnerability to blackmail or compromise due to his secretiveness about those sexual encounters. Under the Directive, there is no authority for granting a probationary or conditional security clearance. Adverse decision affirmed.


Alcohol

04/06/2004

Applicant's history of alcohol abuse--documented by his three alcohol-related arrests within a one-year period in 1994-1995--was mitigated by the passage of nearly nine years without recurrence of alcohol-related incidents. Clearance is granted.


Foreign Influence

04/05/2004

Board cannot consider new evidence on appeal. There is no presumption of error below and the appealing party has the burden of showing harmful error. Applicant's disagreement with the Administrative 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. Applicant's ability to argue for an alternate interpretation of the record evidence is not sufficient to show the Judge's decision is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Personal Conduct; Drugs

04/02/2004

Applicant used marijuana on a fairly regular basis between 1968 and 1994. He also used cocaine on three occasions between 1969 and 1985, and mescaline twice in 1968/69. He has not used any controlled substance since 1994, and convincingly asserts he will never use an illegal controlled substance in the future. He also incorrectly answered a question concerning his use of controlled substances in a security clearance application he submitted in 2000 because he misunderstood the question. Applicant has mitigated the security concerns caused by his illegal use of controlled substances and the incorrect answer he provided in the application. Clearance is granted.


Drugs; Personal Conduct

04/01/2004

Applicant, a 31-year-old employee of a government contractor since the age of 18, has held a security clearance for three years and was a recreational user of marijuana for approximately ten years before having a clearance. He was arrested twice on marijuana-related offenses in 1990 and 1998. Applicant failed to report these facts in 2001 on his Security Clearance Application (SF 86) fearing the loss of his job. Applicant has undergone a change of lifestyle and has shown a recognition of the magnitude of his error in judgment three years ago that warrants the grant of his clearance. Clearance is granted.


Alcohol

04/01/2004

Applicant was arrested for driving while intoxicated in March 1998, received a deferred prosecution, was placed on probation, and was ordered to undergo alcohol abuse treatment. He was diagnosed at that time as alcohol dependent, and was advised to remain abstinent from alcohol use. The same advice was given to him in April 2003. Despite the diagnosis and two admonitions he continued to consume alcohol until at least December 2003. Although he resumed attending alcoholics anonymous meetings in January 2004, it is too soon to be able to predict with any degree of certainty whether he will remain sober in the future. Applicant has failed to mitigate the security concerns that arise from his alcohol consumption. Clearance is denied.


Criminal Conduct

04/01/2004

In 1991, when Applicant was 19 years old, he assaulted a driver who had cut him off at a stop light. Eleven years later, on 4 July 2002, Applicant and his girlfriend were arrested for assaulting each other during a domestic squabble. Applicant has successfully completed an anger management course under the supervision of a psychologist and appears to have learned methods for coping with anger and frustration. Clearance is granted.


Criminal Conduct

04/01/2004

Administrative Judge correctly concluded that application of 10 U.S.C. 986 precluded him from making a favorable security clearance decision. Under the applicable Operating Instruction, the Board is not authorized to give reasons or an explanation for its decision to recommend or not recommend that a waiver be considered under 10 U.S.C. 986(d). Recognizing the limits of its authority under the Operating Instruction, the Board has reviewed the record evidence as a whole and recommends that Applicant's case be considered further for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Foreign Influence; Personal Conduct

04/01/2004

Applicant has extensive family ties through marriage in a foreign country. He works full time in Kuwait, maintains a family home and two bank accounts in the Philippines, provides financial assistance to members of his wife's family and pays to lease farm land for the benefit of his wife's extended family. Further, he deliberately failed to disclose his financial and property interests in his most recent security questionnaire. He has provided insufficient evidence to mitigate the resulting security concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). Clearance is denied.


Financial; Personal Conduct

03/31/2004

Applicant had delinquent debts of over $166,000 and approximately $6,000 to child support agencies of two states and he failed to list these debts in response to question 38 on his security clearance application (SCA). Despite his recent agreement with the child support agency in State 1, Applicant failed to fully mitigate the financial considerations security concern. His failure to list the debts on his SCA was mitigated by credible evidence he misunderstood the question. Clearance is denied.


Alcohol; Personal Conduct

03/31/2004

Applicant was convicted of driving an automobile while intoxicated in February 1984 and again in September 1993. He has remained sober and not received any traffic citations since the 1993 conviction. Applicant has mitigated the security concerns that arose from his alcohol consumption. Clearance is granted.


Foreign Influence

03/31/2004

Applicant's wife and son are dual citizens of the United States and Lebanon. Applicant's wife is from a prominent Maronite Christian family in Lebanon. Her father's position as an honorary consul for a small western European country demonstrates his pro-Western views, which are confirmed by a former U.S. Ambassador to Lebanon. During their visits to Lebanon, Applicant and his family are afforded the same safety that his in-laws enjoy through employees who provide protection and a home that is secure. Applicant's father-in-law sold his business and retired in 2003. Should any risk warrant it, his in-laws' dual citizenship in Canada would enable them to obtain safety there. Under these circumstances, any disqualifying condition has been mitigated. Clearance is granted.


Financial

03/31/2004

The Applicant declared bankruptcy in 1997, and made considerable payments through the trustee until 2002. After the case was closed, the Applicant has continued to make payments to those creditors who were not successfully paid off through the bankruptcy. Of the allegations in the SOR, two have been paid off, one has been paid off at a reduced rate, two are being paid and the Applicant has been unable to contact the creditor on one. His current financial situation is stable and he is motivated to continue to pay his debts in a timely manner. Sufficient mitigation is shown. Adverse inference is overcome. Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

03/31/2004

Applicant is a 46-year-old employee of a defense contractor who was charged with criminal offenses on four occasions in 1985. The first was for Theft of Government Property and he was terminated from his employment. The second was for possession of two marijuana cigarettes and the third was for transporting 40 to 50 pounds of marijuana from New York to Virginia. The fourth was for drug possession with intent to distribute and he was sentenced to four years confinement all of which was suspended. Although the sentence was suspended it is covered by the provisions of 10 U.S.C. 986. Applicant has overdue debts to eight different creditors for a total amount of approximately $4,000.00. Clearance is denied.


Criminal Conduct

03/31/2004

On April 3, 1995, Applicant was convicted of Carrying a Handgun/Weapon on Person. He was sentenced to be imprisoned for a term of three years (suspended) and placed on supervised probation for three years. 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.


Personal Conduct

03/31/2004

Applicant with praiseworthy military and civilian record was involved in several incidents over a seven-year period that raise questions about his judgment, reliability and trustworthiness: use of bogus parking passes on two occasions and failure to consistently account for work ours over an 8-week period in 2000. Applicant mitigates parking pass and mischarging of time by a combination of non-recency (as to parking passes), unsubstantiation as to most of the mischarging of time problems, and overall demonstration of restoration of judgment and trust for the mistakes he made in the past. Clearance is granted.


Personal Conduct; Criminal Conduct

03/31/2004

Applicant who falsified his SF-86 by omitting two prior arrests (one drug-related) and failed to promptly correct his omissions without prompting from the interviewing DSS agent fails to mitigate security concerns associated with his omissions. Clearance is denied.


Alcohol

03/31/2004

Applicant's history of alcohol abuse and dependence, including arrests and convictions for Driving While Intoxicated, have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Drugs

03/30/2004

Applicant used marijuana with varying frequency from 1994 to October/November 2002, including at times daily during his last two years of college. As of February 2003, he intended to limit his future involvement with marijuana to rare occasions when the drug was offered by friends. After it became clear to him that any use of marijuana could cost him a security clearance and his defense job, Applicant resolved to forego any future involvement with illegal drugs. Given the absence of any evidence of drug use since 2002, the statutory prohibition against granting security clearances to current drug users under 10 U.S.C. 986 does not apply. Yet given the extent of his drug abuse history and his ongoing association with his former college roommate with whom he used marijuana in the past, it is too soon to conclude that his drug involvement will not recur. Clearance is denied.


Alcohol

03/30/2004

Diagnosed as alcohol dependent in 2000, Applicant continued to consume alcohol in excessive quantity until early September 2002. After being advised by his primary physician that continued alcohol consumption presented a serious risk to his health, Applicant ceased all consumption and developed positive ways to cope with stress. He has a favorable prognosis by a licensed psychologist, who assessed his alcohol dependence as being in sustained, full remission as of November 2003. Clearance is granted.


Criminal Conduct; Alcohol

03/30/2004

Applicant is an employee of a defense contractor who had five alcohol related driving offenses most of them in 2000. One resulted in an assault charge and an earlier incident in 1994 resulted in a domestic protective order. Applicant admits that he drank to excess from 1979 until at least 2000 notwithstanding treatment he received for alcohol dependence and depression. At the time of his most recent sworn statement in November 2000 he continued to drink. No evidence was offered to show a change of conduct. Clearance is denied.


Personal Conduct; Criminal Conduct

03/30/2004

Administrative Judge articulated a rational basis for his conclusion that Applicant had failed to show his multiple falsifications were mitigated. Applicant's disagreement with the Judge's credibility determination is not sufficient to show it was arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial; Personal Conduct

03/30/2004

Applicant has had a long history of financial difficulties, including significant debts for past due Federal and state taxes. These debts have not been resolved. Applicant knew or should have known that the information that she provided to the Government in a Security Clearance Application (SCA) in 1998, regarding her financial situation, was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Financial

03/30/2004

Applicant has had a history of financial difficulties. While most of his past overdue debts have now been resolved, he still owes approximately $6,600 to one creditor. Despite the fact that Applicant acknowledges that this debt is due and owing, and that he would be able to pay it off, he has testified that he does not intend to satisfy this debt. Because of his unwillingness to resolve this debt, Applicant has failed to mitigate his financial difficulties. Clearance is denied.


Financial; Personal Conduct

03/30/2004

Because there is no presumption of error below, the Administrative Judge's findings and conclusions under Guideline E (Personal Conduct) stand since they are not challenged on appeal. There is no record evidence to support Applicant's argument that debts omitted from his bankruptcy in 2001 may be added that bankruptcy now. Applicant's discharge in bankruptcy in 2001 did not preclude the Judge from considering the security significance of Applicant's history of financial difficulties. Applicant has failed to show the Judge weighed the evidence in a manner that is arbitrary, capricious or contrary to law. Adverse decision affirmed.


Criminal Conduct; Alcohol; Drugs; Personal Conduct

03/30/2004

Applicant with a history of alcohol-related incidents that involve both domestic arrests and convictions and a DuI, as well as past illegal substance abuse, mitigates security concerns by a show of longstanding abstinence of alcohol and drugs, accompanied by AA support. However, he fails to mitigate security concerns associated with his past thefts, unauthorized appropriations of money and assets, and his falsification of his drug use. Clearance is denied.


Foreign Influence; Foreign Preference

03/29/2004

Applicant was born, raised, and for the most part educated in the People's Republic of China. He emigrated from the PRC to the U.S. in 1992. In 1997, he married a woman from the PRC. Applicant's parents, oldest brother, and parents-in-law are citizen residents of the PRC. Applicant failed to mitigate the foreign influence security concerns. He did mitigate the foreign preference security concern by surrendering his passport to appropriate PRC authorities. Clearance is denied.


Foreign Influence

03/29/2004

Security concerns were raised regarding a 32-year old Vietnam-born naturalized U.S. citizen Applicant--who managed to escape from the Communist regime in the Socialist Republic of Vietnam (SRVN) on his 10th attempt in 1980--but who has several family members who remain either citizens or residents of foreign countries. His wife is a French citizen residing in the U.S.; one of his half-sisters (married to a U.S. citizen) and a sister-in-law are SRVN citizen-residents; two other half-sisters are SRVN citizens residing in the U.S.; and his wife's parents are French citizens residing in SRVN. None of them are agents of SRVN or France or in a position to be exploited by those governments. Applicant's mother is a naturalized U.S. citizen residing in the U.S., and his son was born in the U.S. The security concerns have been mitigated by the evidence developed herein. Clearance is granted.


Drugs; Personal Conduct

03/29/2004

Applicant, a 47-year-old married woman, is graphic designer/illustrator and display artist for a defense contractor. The record evidence is insufficient to overcome the negative security implications stemming from her regular use of marijuana for many years while possessing a security clearance. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

03/29/2004

Applicant was convicted on three separate occasions of driving while impaired because of alcohol consumption. Applicant deliberately falsified his security clearance application by denying he had ever been convicted of any alcohol-related offenses. Applicant failed to mitigate the alcohol consumption, personal conduct, and criminal conduct security concerns. Clearance is denied.


Foreign Influence

03/29/2004

Applicant permanently moved to the United States (U.S.) In 1995. He received his bachelor's degree first then his master's degree in electrical engineering in May 2001. The foreign influence issues created by his close relatives living in foreign countries iseliminat4d by the fact they are not connected with a foreign government or its apparatus, and are not in a position to be exploited by the foreign power in a way that indirectly or directly forces Applicant to choose between loyalty to the relative(s) and the U.S. Clearance is granted.


Drugs; Personal Conduct

03/29/2004

Board cannot consider new evidence on appeal. Given the record evidence in this case, the Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. Applicant's disagreement with the Judge's weighing of the record evidence is not sufficient to rebut the presumption that the Judge considered all the record evidence. Board will not disturb a Judge's weighing of the evidence unless the appealing party demonstrates the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Sexual Behavior; Personal Conduct; Criminal Conduct

03/26/2004

Applicant is a 51-year-old employee of a defense contractor who engaged in sexual behavior in a public place, masturbating in public, and was twice arrested for the offenses. The arrests occurred in public restrooms. Applicant admitted that he was guilty of both in a sworn statement to the investigator. He also admitted that he had engaged in the same conduct since he was a teenager one or more times a year. Applicant failed to list the arrests on his Security Clearance Application (SF 86) and falsified material facts about the arrests in his initial sworn statement to the security investigator. Clearance is denied.


Financial; Personal Conduct

03/26/2004

Board cannot consider new evidence on appeal. Because there is no presumption of error below, the Administrative Judge's unchallenged findings and conclusions under Guideline F stand. Given the record evidence in this case, the Judge's finding that Applicant falsified a security clearance application is sustainable. Under the Directive, an applicant's security eligibility is adjudicated under the same standards regardless of whether the applicant's position requires a security clearance for access to classified information or access to a secure area. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/26/2004

Applicant pleaded nolo contendere in February 1999 to assault and battery with a dangerous weapon, and was sentenced to five years supervised probation, to counseling if deemed necessary by the probation office, to pay a $550 fine, and to forfeit the handgun used in the incident. When interviewed about the offense in February 2000, Applicant initially declined to admit he had been armed. While he later admitted during the interview that he had a handgun, Applicant indicated that the gun was in his pocket when he in fact had displayed it. While his criminal assault was isolated and not likely to recur, his lack of complete candor with the Government reflects poor judgment, unreliability and trustworthiness. Clearance is denied


Alcohol; Personal Conduct

03/26/2004

Applicant has three DUI arrests in 16 years, and diagnoses of alcoholism and alcohol abuse, but continues to consume alcohol (beer) on a weekly basis. Applicant thinks he has control over his problem. Applicant falsified a 1991 security clearance application, and was terminated from two employment positions because of excessive absenteeism. Applicant did not mitigate the alcohol and personal conduct concerns. Clearance is denied.


Financial

03/26/2004

Applicant admits financial delinquencies, including bad debts and a judgment entered against him in 2000. His unmitigated history of financial over-extension raises serious security concerns. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

03/26/2004

In 1990, the Applicant pleaded guilty two counts of second degree robbery and criminal possession of stolen property and was sentenced to serve a minimum of one and one half years. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the Applicant's criminal conduct, finances and personal conduct. However, 10 U.S.C. 986 prohibits the granting the Applicant a security clearance absent a waiver by the Secretary of Defense. I do not recommend a waiver. Clearance is denied.


Personal Conduct

03/26/2004

The Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. The Judge was not compelled to conclude Applicant's falsification was mitigated solely because Applicant had reduced or eliminated his vulnerability to coercion or blackmail by disclosing to his spouse and family the existence of a child he had as a result of an extramarital affair. Applicant has not rebutted the presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Financial

03/26/2004

The Applicant has resolved the three debts set forth in the Statement of Reasons. Two have been paid and one is being paid in a fashion acceptable to the judgment creditor. The Applicant had to declare bankruptcy in 2001 due to unique circumstances. His current financial situation is stable. Sufficient mitigating evidence is shown. Adverse inference is overcome. Clearance is granted.


Foreign Influence

03/25/2004

Security concerns were raised by a 47-year-old Vietnam-born naturalized U.S. citizen Applicant whose brother and brother-in-law spent varying periods in re-indoctrination and re-education camps, with a sister (a housewife), with whom he has had virtually no contact, who remains a citizen and resident of Vietnam, and is not an agent of Socialist Republic of Vietnam (SRVN) or in a position to be exploited by that government. Applicant's wife, three children, and two other sisters are either naturalized or native-born U.S. citizens residing in the U.S. His 90-year-old mother is a Vietnam-born citizen, permanent U.S. resident unable to apply for U.S. citizenship because of her age and difficulties with English. The security concerns are mitigated by the evidence developed herein. Clearance is granted.


Financial; Personal Conduct

03/25/2004

Applicant with delinquent debts attributable to her son's hospitalization mitigates Government's concerns by proof of paying or otherwise resolving her debts and refuting allegations of falsifying her SF-86. Clearance is granted


Criminal Conduct; Drugs; Alcohol; Personal Conduct

03/25/2004

There is no jurisdiction or authority to adjudicate, in DOHA proceedings, the adequacy of a background investigation. Department Counsel's discussion and argument about a case in the File of Relevant Material is not evidence. Rebuttable presumption that the Administrative Judge considered all the record evidence was overcome because Judge's decision contained a fundamental error about Applicant's identity. Case remanded with instructions.


Personal Conduct

03/25/2004

Applicant deliberately falsified her application for employment and her personal security application. Her unmitigated personal conduct involves lack of candor, questionable judgment, unreliability, and unwillingness to comply with rules and regulations, strongly suggesting an inability or unwillingness to safeguard confidential information. Clearance is denied.


Foreign Influence; Sexual Behavior

03/24/2004

Applicant's foreign contacts, specifically his wife, siblings and girlfriend who are citizens of Korea do not raise a security concern. Applicant's questionable sexual behavior has also been mitigated. Clearance is granted.


Drugs; Personal Conduct

03/24/2004

Applicant's denials of any intent to falsify a security clearance application were relevant and material evidence that the Administrative Judge had to consider. However, Applicant's denials were not binding or conclusive on the Judge. Rather, the Judge had to consider Applicant's denials in light of his assessment of the credibility of Applicant's testimony and weigh those denials in light of the record evidence as a whole. Judge's finding of falsification is sustainable. Adverse decision affirmed.


Financial

03/24/2004

The Applicant is approximately $150,000 in debt. The majority of the debt is connected with a serious heart problem he contracted in 1997. The Applicant ignored this situation for four years, with knowledge of the Government's interest. He filed for a Chapter 7 bankruptcy after the issuance of the SOR. This filing is insufficient to show that the Applicant has initiated a good-faith effort to resolve his indebtedness. Adverse inference is not overcome. Clearance is denied.


Drugs; Personal Conduct

03/23/2004

Applicant's disagreement with the Administrative Judge's findings and conclusions is not sufficient to rebut the presumption that the Judge considered all the record evidence. Board will not disturb a Judge's weighing of the record evidence unless there has been a showing that the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Board need not agree with the Judge's findings and conclusions to conclude they are sustainable. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

03/22/2004

Applicant has several debts totaling over $13,000.00 that have been past-due for years. The evidence establishes that there is little likelihood she will be able to satisfy these debts anytime soon. Determination of Trustworthiness is denied.


Sexual Behavior; Personal Conduct

03/22/2004

Applicant is a 53-year-old employee of a defense contractor who engaged in a sexual relationship with a coworker between 1996 and 1998 and engaged in extra-marital activities with approximately five women between 1972 and 1987 while married to his former wife. When interviewed by a Defense Security Service investigator in 2002 he declined to provide a written statement regarding the above information believing that the statement might end up in the wrong hands and result in blackmail. Clearance is denied.


Sexual Behavior; Personal Conduct

03/22/2004

Applicant, a 26-year-old employee of a government contractor, used marijuana on weekends for eight months in 1997 when he was 19 years old. He was arrested in August 1997 when marijuana was found in his car and he was charged with possession. The charges were nol prosequi. He failed to disclose the full extent of his drug use on his SF 86 reporting only the one use in 1997 that resulted in the criminal charge. He voluntarily entered a treatment program and has become a stable member of society with a strong record of employment. Clearance is granted.


Personal Conduct; Criminal Conduct

03/22/2004

Administrative Judge stated a rational basis for his conclusion that Applicant had not mitigated his falsification of a security clearance questionnaire. An applicant is entitled to receive reasonable notice of the allegations being made against him so that he can have a meaningful opportunity to respond to the allegations. A Statement of Reasons (SOR) does not have to allege every piece of evidence that is relevant and material to evaluating an applicant's security eligibility. An applicant's conduct that is not alleged in the SOR may be considered by a Judge for some purposes. Adverse decision affirmed.


Foreign Preference; Foreign Influence

03/22/2004

Applicant is a 53-year-old engineer employed by a defense contractor. He was born in Lebanon and continues to hold dual citizenship consistent with he policy that regards anyone of Lebanese descent as always a citizen of their country. At the advice of the Department of State because of terrorist attacks against U.S. citizens, he used his Lebanese passport to travel there on several occasions ending in 1999. He owns a small parcel of land in Lebanon which is not of sufficient value to cause him to be under foreign influence from that country. Clearance is granted.


Criminal Conduct

03/22/2004

This 43-year-old truck driver has been arrested and/or convicted of criminal violations on eight occasions between 1979 and 1995. Five occasions involved drugs and two resulted in sentences of more than one year's incarceration. Two other arrests involved acts of violence. Applicant has not established an increase in personal maturity to the extent that it can be considered adequate mitigation of his long criminal record, despite the passage of nine years since the last offense. Clearance is denied.


Foreign Influence

03/22/2004

Security concerns were raised by a 29-year-old Vietnam-born naturalized U.S. citizen Applicant with an aunt (a housewife) and uncle (a retired doctor, teacher, and pedicab driver) who remain citizens and residents of Vietnam, neither of whom is an agent of Socialist Republic of Vietnam (SRVN) or in a position to be exploited by that government. Applicant's husband, father (who spent years in a re-indoctrination and re-education camp), stepmother, and half-siblings are either naturalized or native-born U.S. citizens residing in the U.S. Her mother is a Vietnam-born citizen, permanent U.S. resident, applying for U.S. citizenship. The security concerns are mitigated by the evidence developed herein. Clearance is granted.


Drugs; Personal Conduct

03/22/2004

Applicant with history of marijuana use and last use (in February 2002) still too recent to discount risks of recurrent use, especially in the face of compounding omissions of his drug use history in his completed SF-86 fails to mitigate security concerns over his judgments lapses associated with drug use and drug use falsification. Clearance is denied.


Criminal Conduct

03/22/2004

Even without the statutory prohibition of 10 U.S.C. 986, given the inconsistent information Applicant provided in his sworn statement, answer to the SOR and testimony about his theft offense in 1981, and the domestic violence offenses between 1988 and March 2000, Applicant's evidence in support of MC 6 would be insufficient to overcome the adverse evidence under the criminal conduct guideline. Clearance is denied.


Sexual Behavior; Personal Conduct

03/22/2004

Applicant is a 57-year-old employee of a defense contractor. He admitted to a conviction for assault and indecent exposure in a public restroom six years ago and failing to report the incident on his Application for Security Clearance (SF 86) and in two sworn statements to an investigator. Clearance is denied.


Personal Conduct; Criminal Conduct; Sexual Behavior

03/22/2004

A Statement of Reasons need not cite or quote every provision of the Directive that could be pertinent to the adjudication of an applicant's case. If there is admitted or proven conduct that raises security concerns, then an applicant has the burden of presenting evidence sufficient to warrant a favorable security clearance decision. Under Directive, security clearance decisions are not reduced to mechanical, formula adjudication; nor are they left to the unfettered discretion of security clearance adjudicators. Administrative Judges cannot create a new mitigating condition beyond those listed in the Directive and make compliance with that judicially-created mitigating condition a prerequisite for a favorable security clearance decision. Under Directive, the Judge is expressly authorized to consider the presence or absence of rehabilitation. Applicant has not rebutted the presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Alcohol

03/19/2004

The Applicant had two alcohol related arrests when he was in his early 20s. Since the second arrest, he has made considerable changes in his lifestyle supportive of his sobriety. The alcohol related offenses do not indicate a pattern and the Applicant submitted considerable mitigating evidence. Adverse inference is overcome. Clearance is granted.


Personal Conduct

03/19/2004

The Board will not disturb the Administrative Judge's weighing of the record evidence unless there is a showing that the Judge weighed the record evidence in a manner that is arbitrary, capricious, or contrary to law. Given the totality of the record evidence it was not arbitrary, capricious, or contrary to law for the Judge to conclude Applicant's disqualifying conduct had not been mitigated by the passage of time. Adverse decision affirmed.


Financial

03/19/2004

Applicant with history of delinquent debts accumulated during a period after his spouse became disabled, and who has for the most part failed to take affirmative steps to address his debts, fails to mitigate security concerns associated with his longstanding delinquent debts. Clearance is denied.


Personal Conduct; Criminal Conduct

03/18/2004

Applicant who repeatedly omitted his marijuana history when executing security applications in 1996 and 2001 and who failed to provide prompt corrections in DSS interviews until pressed fails to mitigate security concerns associated with his judgment lapses. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

03/18/2004

Applicant mitigated security concerns over his past criminal conduct, alcohol use, and personal conduct. He has mitigated his criminal conduct by not having any adverse incidents for two years; he has reformed and demonstrated clear evidence of successful rehabilitation by his record of excellence at work and endorsements by eight witnesses who testified to his good character. Despite five past alcohol-related arrests from 1982 to 2001, an expert psychologist concluded that Applicant no longer has an alcohol-related problem based on his clinical interview and Applicant's test results. Applicant chose to become abstinent in August 2003 and has demonstrated his intent not to abuse alcohol in the future. The omissions on his security form were not intentional as he disclosed substantial adverse information on earlier security forms. Clearance is granted.


Alcohol

03/18/2004

Applicant was convicted of driving under the influence of alcohol offenses committed in October 1994 and in August 1998 after he had received treatment for alcohol dependency. While he has resolved to abstain from alcohol and has attended Alcoholics Anonymous (AA) meetings once per week since August 2003, he continues to use wine or vermouth in cooking. It is too soon to conclude that his alcohol abuse is safely in the past. Clearance is denied.


Criminal Conduct

03/18/2004

Administrative Judge correctly concluded that a state pardon did not take Applicant's 1987 felony conviction outside the scope of 10 U.S.C. 986. Under the applicable Operating Instruction, the Board is not authorized to review a Judge's recommendation as to whether a case should be considered further for a waiver under 10 U.S.C. 986(d). Under the applicable Operating Instruction, the Board is not authorized to give reasons or an explanation for its recommendation as to whether a case should be considered further for a waiver under 10 U.S.C. 986(d). Board does not recommend Applicant's case be considered further for a waiver. Adverse decision affirmed.


Financial Considerations

03/18/2004

Applicant's financial indebtedness brought on by a divorce, serious medical problems, and a period of unemployment have been mitigated by a good faith effort to resolve his indebtedness. Clearance is granted.


Foreign Influence; Foreign Preference

03/17/2004

Applicant has serviced the interests of the United States for more than 37 years. His service includes three years of active duty in the Marine Corps during the Vietnam War, a 27 year career as a sky marshal, special agent, and supervisory special agent with the U.S. Customs Service, and his current support of the U.S. Department of State as a contractor. The record demonstrates that Applicant's acquisition of Irish citizenship is a reflection of his pride in his heritage rather than a preference for a foreign country. To whatever extent Applicant may be deemed to have exercised his Irish citizenship through the acquisition of a passport, his action has been mitigated by his surrender of the same without ever having used it. Clearance is granted.


Financial; Personal Conduct

03/17/2004

Applicant with history of delinquent debts he has not addressed since returning to work, and who deliberately omitted them in his completed SF-86, fails to mitigate security concerns over his judgment lapses associated with his delinquent debt history and deliberate omissions of his debts in his security clearance application. Clearance is denied.


Foreign Influence; Foreign Preference

03/17/2004

DOHA Administrative Judges do not have authority to adjudicate foreign policy and foreign relations issues in security clearance cases. Pronouncements about the relationship between the United States and any given foreign country are committed to the President of the United States, the Secretary of State, and other duly authorized Executive Branch officials. DOHA proceedings are intended to adjudicate an applicant's security eligibility, not to adjudicate claims by the defense contracting industry. Nothing in Executive Order 10865 or the Directive give Hearing Office Judges or the Board jurisdiction to adjudicate claims by third parties about the merits or collateral consequences of a security clearance adjudication. A party claiming that he or she has been denied due process in these proceedings must raise such a claim with particular specificity. The application of Adjudicative Guidelines for or against clearance is not reducible to a simple formula and requires the exercise of sound judgment, within the parameters of the Directive, after consideration of the record evidence as a whole. Adverse decision affirmed.


Financial

03/17/2004

Applicant has had financial difficulties for nearly 15 years, including bad debts, a tax lien, and a civil judgment. He filed for Chapter 7 bankruptcy twice, once in 1993 and once in 2000. On both occasions his debts were discharged. He has not sought counseling for his on-going financial difficulties. Applicant's unmitigated history of financial overextension raises serious security concerns. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/16/2004

The Applicant has filed his federal income tax returns for tax years 1995, 1996 and 1997. Tax years 1995 and 1996 have been paid in full. He is making payments towards his 1997 back taxes. There is also an outstanding judgment, however, in an amount in excess of $70,000. In a July 2003 sworn statement, he averred he was not willing to pay it. At his hearing he reiterated he would not voluntarily pay this judgment. He has a positive monthly cash flow in excess of $5,600. He did not wilfully falsify his Security Clearance Application (SCA) as to the existence of the before mentioned outstanding judgment. Mitigation is not shown as to his financial considerations. Clearance is denied.


Financial Considerations; Personal Conduct; Criminal Conduct

03/16/2004

This 50-year-old engineering scientist has worked in aerospace since at least 1992. From 1995 to at least 2001, he either tried to evade his Federal and/or state income taxes, or simply did not file required returns. He also has delinquent debts relating to college tuition and county property taxes. Total delinquency is about $32,000. He omitted any mention of two large liens from his security clearance application. Applicant is an admitted procrastinator. His tax delinquencies also constitute violation of Federal and State criminal law. No mitigation has been shown as to any allegation. Clearance is denied.


Foreign Influence

03/16/2004

Applicant's foreign contacts, specifically his professional associates, travel and lectures raise a security concern that has not been mitigated. Clearance is denied.


Criminal Conduct; Personal Conduct

03/16/2004

The Applicant falsified a questionnaire by not admitting that he had plead "no contest" to Assault in 2000 in connection with a child custody dispute. He mitigated the security significance of the Assault itself, but not the intentional falsification. Adverse inference is not overcome. Clearance is denied.


Foreign Influence

03/16/2004

Thirty-nine year old naturalized American Applicant demonstrated that he is a man of good character and personal integrity. However, he has not met the burden imposed on an applicant by the Directive to mitigate disqualifying conditions, which are established because his parents are citizens and residents of Peoples' Republic of China and because of Applicant's trips to China. Clearance is denied.


Foreign Preference; Foreign Influence

03/15/2004

Applicant's dual citizenship has been mitigated. His foreign ties, including his family and financial interests in Lebanon have not been mitigated. Clearance is denied.


Foreign Influence

03/15/2004

Applicant's foreign contacts, specifically his family ties in Viet Nam have been mitigated and do not raise a security concern. Clearance is granted.


Financial; Personal Conduct

03/15/2004

Applicant has five unpaid debts dating from 1998 to 1999. He failed to disclose them on his security clearance application, and did not disclose his debts delinquent over 90 and 180 days. Applicant has made no effort since 1998 to pay these debts. Applicant failed to mitigate the financial and personal conduct security concerns. Clearance is denied.


Foreign Influence

03/15/2004

Applicant's foreign ties, specifically her mother, a citizen of the Republic of China and her four siblings who all reside in Hong Kong, do not pose an unacceptable security risk. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

03/15/2004

Applicant owes 14 debts totaling approximately $20,000, which are bad debts, have been written off, or payment on which is overdue. Between 1990 and 1999, the Applicant failed to file federal income tax returns. She failed to file state returns for more than five years. The listed debts include a $6,600 federal income tax lien. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from debts of such magnitude, her failure to file state and federal income tax returns, and her failure to pay her taxes. Clearance is denied.


Foreign Influence

03/15/2004

Applicant's foreign contacts have been mitigated and do not raise a security concern. Clearance is granted.


Criminal Conduct

03/15/2004

Fifty-year-old Applicant's 1971 arrest for a felony identified in various police and court records as possession of a narcotic, possession of dangerous drugs, and possession of a narcotic, to wit: marijuana, when he was an 18-year-old high school student, and his subsequent conviction, led to a sentence of imprisonment for four years, suspended, along with probation, a fine, and court costs. 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.


Drugs; Alcohol

03/15/2004

Applicant, who is now 45 years old, began using alcohol and marijuana as an adolescent. His drug use as a young man included hashish, cocaine, LSD, methamphetamines, and speed. By the time he was in his 30s, he was addicted to heroin. He was a daily user of heroin for three years. He entered a drug treatment program in 1993 and between 1993 and 2001 he abstained from alcohol and all illegal drug use. In 2001, he purchased and used heroin while possessing an interim security clearance. Applicant's illegal involvement with drugs raises serious security concerns. Clearance is denied.


Alcohol; Personal Conduct

03/15/2004

Applicant is a security guard for a defense contractor. He had alcohol problems for many years, including two driving while intoxicated convictions in 1985 and 1998. Applicant abstains from alcohol, does not have alcohol in his home, attended alcohol counseling sessions, and works two jobs to support his family. Applicant mitigated the alcohol and personal conduct concerns. Clearance is granted.


Alcohol; Personal Conduct

03/15/2004

An applicant is entitled to reasonable notice of the allegations being made against him so that he can have a meaningful opportunity to respond to those allegations. Conduct not alleged in an SOR may be considered for some purposes. The Administrative Judge did not err by considering record evidence of Applicant's marijuana use to assess his credibility and his history of alcohol abuse. Judge's formal finding with respect to one SOR subparagraph was inconsistent with his factual findings, but the error was harmless under the particular facts and circumstances of this case. Judge's application of the Adjudicative Guidelines concerning Alcohol Consumption was not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Alcohol

03/15/2004

In November 1992, the Applicant was arrested and found guilty of Driving Under the Influence (DUI). In 1997 and 1999, he was arrested and fined for public intoxication. In 1995, he had been drinking before he was arrested for indecent exposure. The last incident occurred more than four years ago and there is no indication of a recent problem. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his alcohol related arrests. Clearance is granted.


Criminal Conduct; Alcohol

03/12/2004

Applicant was twice convicted of driving under the influence of alcohol. In 2001, he was stopped on suspicion of drunk driving, but the charge was reduced to obstructing a highway passageway because of insufficient evidence-he refused to take a Breathalyzer. Applicant failed to sufficiently mitigate the alcohol consumption and criminal conduct security concerns. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/12/2004

It was not arbitrary, capricious or contrary to law for the Administrative Judge to allow an SOR paragraph to be amended to conform to the record evidence. Applicant's disagreement with the Judge's weighing of the record evidence is not sufficient to rebut the presumption that the Judge considered all the record evidence. Judge's finding that Applicant falsified a security clearance application is sustainable. Judge's findings and conclusions about Applicant's financial difficulties are sustainable. Adverse decision affirmed.


Criminal Conduct

03/12/2004

Although decisions by Hearing Office Administrative Judges may be cited as persuasive authority, they are not legally binding on the Board. Under the applicable Operating Instruction, the Board is not authorized to review a Judge's recommendation whether or not a waiver under 10 U.S.C. 986 should be considered. Under the applicable Operating Instruction, the Board is not bound by the recommendation made by the Judge below and must review the record evidence as a whole in order to fulfill its obligation to make a meaningful decision whether to recommend or not recommend that a waiver should be considered. The Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986. Adverse decision affirmed.


Financial; Personal Conduct

03/12/2004

Applicant went bankrupt in 1996 and 2002. The Statement of Reasons (SOR) lists four debts totaling $1,091. One debt was included in her most recent bankruptcy and she has paid the other three debts. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from a debt of such magnitude. Clearance is granted.


Personal Conduct

03/12/2004

Applicant is a 43-year-old vehicle engineering technician who has been employed by a government contractor since April 1999. He deliberately failed to disclose his use of cocaine in a Security Clearance Application he submitted in February 2001, fearing he would lose his job if he was truthful. Applicant has failed to mitigate the security concern that arises from his personal conduct. Clearance is denied.


Foreign Influence; Personal Conduct

03/11/2004

Applicant intentionally provided false, material information about her criminal background on a Public Trust Position Application. Determination of Trustworthiness is denied.


Alcohol; Financial; Criminal Conduct

03/10/2004

Applicant has a long history of alcohol-related incidents, starting when he was 17 years old. Despite his acceptance of his diagnosis as alcohol dependent, and his attendance at several alcohol treatment programs and Alcoholics Anonymous, Applicant continues to consume alcohol. One of his convictions for driving while intoxicated resulted in a sentence that included confinement for two years. He is ineligible for a security clearance under 10 U.S.C. 986. He is also unable and unwilling to pay his debts that resulted, in part, from his excessive consumption of alcohol. Clearance is denied.


Financial; Personal Conduct

03/10/2004

Applicant admits financial delinquencies, including bad debts and a judgment entered against her in 1995. She failed to report material facts relating to her financial liabilities and work record on the security clearance application she completed and certified in April 2000. Applicant's financial problems and her lack of candor raise serious security concerns. Clearance is denied.


Financial

03/10/2004

This 44-year-old facility security officer retired from the military in 1999, and had a problem finding a job with pay comparable to what he had been receiving. He accumulated seven delinquent debts totaling about $9,100. He has obtained a position that has allowed him to pay off or resolve most of the debts and is seeking to resolve the last two. He has demonstrated substantial financial rehabilitation. Mitigation has been established. Clearance is granted.


Personal Conduct

03/10/2004

This pattern of rule violations is explained but not sufficiently extenuated or mitigated by (1) the job monotony and having to much free time at the previous job, and (2) the absence of security violations or other policy violations with his recent employer. Clearance is denied.


Alcohol

03/10/2004

Applicant has a history of alcohol-related incidents covering 40 years, unaccompanied by any diagnosis or medical assessments of his alcohol status. With evidenced drinking in moderation since his last alcohol-related incident in 2000, solid references from his supervisor and colleagues about his judgment and reliability, and plenty of motivation to avoid excessive alcohol since his 2003 bi-pass surgery, Applicant mitigates security concerns associated with his past alcohol-related incidents. Clearance is granted.


Financial; Personal Conduct

03/10/2004

Board cannot consider new evidence on appeal. Applicant had the opportunity to present testimony and documentary evidence for the Administrative Judge to consider. Applicant cannot fairly challenge the Judge's findings based on a proffer of evidence that she did not present for the Judge's consideration. Applicant has not shown that the Judge's credibility determination is arbitrary or capricious. The Judge's findings about the debt covered by SOR paragraph 1.j and the falsification covered by SOR paragraph 2.a are sustainable. Adverse decision affirmed.


Foreign Preference; Foreign Influence

03/09/2004

The security concerns raised by a 28-year-old Hong Kong-born naturalized U.S. citizen Applicant with Hong Kong-born naturalized U.S. citizen parents, who are temporarily residing in Hong Kong, and a Hong Kong-born boyfriend-a citizen of Hong Kong but permanent U.S. resident--none of whom are agents of Hong Kong or the Peoples Republic of China (PRC) or in a position to be exploited by those foreign governments, have been mitigated by the evidence developed herein. In addition, the security significance of Applicant's keeping her British overseas passport for about five years after she had become a naturalized U.S. citizen has been mitigated by its recent expiration. Clearance is granted.


Drugs; Personal Conduct

03/09/2004

Applicant used marijuana on an occasional basis between 1976 and 1994 and cocaine on an occasional basis from 1980 to 1987. In October 1995, during an investigation of Applicant's suitability for a security clearance, he told a Department of Defense investigator that he had no future intention of using illegal drugs. He was granted a clearance. In 2001, during another investigation of Applicant's suitability for a security clearance, Applicant admitted using marijuana on five occasions between July 2000 and January 2002. Applicant failed to mitigate the drug involvement and personal conduct security concerns raised by his use of marijuana while possessing a security clearance. Clearance is denied.


Foreign Influence

03/09/2004

Applicant, a 49-year-old married woman, is employed as a lead information systems engineer for a defense contractor. Her connections to or contacts with China are rather minimal, tenuous, or insignificant and do not pose an unacceptable security risk or concern for foreign influence under Guideline B. Clearance is granted.


Personal Conduct; Criminal Conduct

03/08/2004

Applicant deliberately falsified her security clearance application by claiming she worked at a company when in fact she did various odd jobs for her father and brother. Applicant failed to sufficiently mitigate the personal conduct and criminal conduct security concerns. Clearance is denied.


Financial

03/08/2004

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 Influence

03/08/2004

This 41-year-old scientist was born in China in 1962, came to the U.S. in 1990, and became a U.S. citizen in 1999. She was married, educated, started a family, and began a career here. Most of her immediate Chinese relatives have now emigrated to the U.S. or are preparing to do so. Her only remaining foreign relatives will be her sisters, with whom she has only a casual and infrequent relationship. Applicant made a strong statement of understanding about her security obligations. Mitigation has been established. Clearance is granted.


Foreign Influence; Personal Conduct

03/08/2004

The Applicant has been involved in an extensive number of traffic related criminal offenses from 1997 through at least 2002. While not major individually, the weight of the number of incidents shows that the Applicant does not have the maturity yet to be entrusted with a security clearance. The Applicant did not falsify a statement to the Defense Security Service and his foreign connections are not of a type to cause security concerns. Overall, insufficient mitigation evidence has been shown. Adverse inference is not overcome. Clearance is denied.


Financial; Personal Conduct

03/08/2004

Applicant is a 47-year-old technician with a defense contractor who incurred approximately $20,000.00 in debts beginning in 1986 when he assumed responsibility for his children as a single father. In 1998 he changed jobs and became acutely aware of his financial straits including a federal tax lien. He has since paid 80% of his debts, but in filling out his Security Clearance Application (SF 86) in 2000 he did not acknowledge his overdue debts. He has failed to offer any reason for the omission. Clearance is denied.


Personal Conduct

03/05/2004

Applicant is a 35-year-old mechanical engineer who has been employed by a government contractor since October 2001. He deliberately failed to disclose his use of marijuana in a Security Clearance Application he submitted in December 2001, fearing he would not receive a security clearance if he was truthful. Applicant has failed to mitigate the security concern that arises from his personal conduct. Clearance is denied.


Foreign Influence

03/05/2004

Applicant was born, raised, and educated in the People's Republic of China. She immigrated to the United States in 1989 to obtain her doctorate. Her parents and parents-in-law are citizens and residents of the People's Republic of China. In 1988 she worked for a government owned power company. Applicant contacts her family and relatives weekly. Applicant has not mitigated the serious security concerns under Guideline B (Foreign Influence). Clearance is denied.


Alcohol

03/05/2004

Applicant was convicted of driving an automobile while intoxicated in October 1996 and on two occasions in May 1998. Following the last two arrests, she was sentenced to substantial jail sentences and placed on a lengthy term of probation. She remained sober for more than three years following her last arrest, but relapsed in September 2002, was arrested for hindering and obstructing a police officer, and is again serving a probationary sentence. Although she is presently attending Alcoholics Anonymous meetings and participating in a relapse prevention program, it is too soon to be able to predict with any degree of certainty whether she will remain sober in the future. Applicant has failed to mitigate the security concerns that arise from her alcohol consumption. Clearance is denied.


Alcohol

03/05/2004

Applicant is a 33-year-old man who has been employed by a government contractor as an executive assistant since July 2000. He was convicted of driving while intoxicated in May 1993 and November 1995, and another minor offense that may have been alcohol related in March 2000. He completed an alcohol program in June 1996, was considered not to be chemically dependent on alcohol, and received a favorable prognosis at discharge. Applicant has mitigated the security concerns that arise from his alcohol consumption. Clearance is granted.


Foreign Preference; Foreign Influence

03/05/2004

This 37-year-old engineer was born in Lebanon in 1967. He came to the U.S. in 1987, completed school, married an American, and has a family. He became a U.S. citizen in 1996. He has formally renounced his Lebanese citizenship. His parents are now resident aliens in the U.S., with the goal of becoming U.S. citizens. He has infrequent contacts with his siblings in Lebanon and elsewhere. He is clear about his obligation to protect U.S. security interests. Clearance is granted.


Financial; Personal Conduct

03/04/2004

The Applicant has resolved his tax liabilities in a way that is acceptable to the Internal Revenue Service. He has reduced his tax indebtedness by $20,000 during 2003. The cause of the tax liability was directly related to the Applicant's establishing a small business. He has returned to the salaried work force, which enables him to pay his taxes. Possibility of recurrence is nil. Considerable mitigation is shown. Adverse inference is overcome. Clearance is granted.


Criminal Conduct

03/04/2004

Once a case has been appealed, the Board has jurisdiction over the case and the Hearing Office Administrative Judge has no jurisdiction or authority to take any action concerning that case. Judge's Amended Decision was issued when Board had jurisdiction over the case and, therefore, the Amended Decision was a legal nullity. Board cannot review the decision below de novo. Absent a showing of factual or legal error below, the Board does not have a legitimate basis for reversing the Judge's decision. Board does not recommend this case be considered further for a waiver under 10 U.S.C. 986. Adverse decision affirmed.


Financial

03/04/2004

Applicant is a 56-year-old security guard employee of a defense contractor. She admitted she has 11 unpaid and delinquent debts totaling over $22,000. Applicant has made few if any attempts to pay these debts. She filed bankruptcy over one year ago, but has not been discharged. Applicant has not mitigated the financial considerations concerns. Clearance is denied.


Foreign Influence

03/03/2004

This 29-year-old American was born in Hong Kong to an American father and a Hong Kong mother. His father registered his birth with U.S. authorities. Applicant came to the U.S. in1988, at age 14, to attend school. A member of the Marine Corps Reserve (1992 to 2000), he also attended and graduated from college (1993 to 1999) with a B.S. in Engineering. His only foreign ties are his elderly father and mother, who live in Hong Kong, but who are now in the process of emigrating to the U.S., with Applicant as his mother's sponsor. I find little risk that they would be asked to persuade him to act against U.S. interests, or that they would ask him. Based on his history and proven commitment to the U.S., there is minimal risk Applicant would ever act against U.S. interests. Mitigation has been established. Clearance is granted.


Criminal Conduct

03/03/2004

In 1980 when she was nineteen, Applicant was arrested; and in 1981 she was found guilty of burglary and sentenced to one to ten years. The Smith Amendment (10 U.S.C. Section 986) disqualifies anyone convicted and sentenced to imprisonment for more than one year. Applicant requested a waiver based on clear evidence of her successful rehabilitation and the length of time since her conviction over 20 years ago as she has led a responsible and productive life for a significant period after her release from confinement. A waiver is recommended. Clearance is denied.


Financial

03/03/2004

Although a pro se applicant is not expected to act like a lawyer, even a pro se applicant is expected to take timely, reasonable steps to protect his or her rights under the Directive. If an applicant fails to take timely, reasonable steps to protect his or her rights, the failure of the applicant to act does not constitute a denial of the applicant's rights. Having failed to respond to the File of Relevant Material or submit additional information for the Judge to consider, Applicant cannot fairly claim she was denied the right to present evidence on her behalf. Board cannot consider new evidence on appeal. Adverse decision affirmed.


Criminal Conduct; Alcohol; Personal Conduct

03/03/2004

Having offered a psychological evaluation as evidence on his behalf, Applicant cannot reasonably complain that the Administrative Judge considered it along with other record evidence in reaching his decision. Considering the record evidence as a whole, the Judge's adverse conclusions about Applicant's history of alcohol abuse are sustainable. Dismissal of a criminal charges does not preclude a Judge from making a finding, based on the record evidence, as to whether the underlying criminal conduct had in fact occurred. Judge's error with respect to Criminal Conduct Mitigating Condition 1 was harmless because the Judge's adverse conclusions about Applicant's alcohol abuse are sufficient to support his overall unfavorable conclusion about Applicant's security eligibility. Adverse decision affirmed.


Financial; Personal Conduct

03/03/2004

Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. Application of the Adjudicative Guidelines is not reducible to a simple formula, but rather requires a Judge to exercise sound judgment within the parameters of the Directive. Board has authority to address issues raised by the parties, including claims as to whether action in these proceedings is lawful under Executive Order 10865, the Directive, or other applicable federal law. Board has the authority to address claims that a Judge acted without lawful authority or in excess of the Judge's lawful authority, or that the Board itself lacks authority to act. Whether or not Applicant is entitled to the relief he seeks, he is not citing or relying on anything outside the Directive. Given the Judge's adverse conclusions under Guideline E and Guideline F, it was not arbitrary or capricious for the Judge to render an unfavorable decision. Adverse decision affirmed.


Criminal Conduct; Alcohol

03/02/2004

The Applicant stopped using alcohol in November 2000, after his second Driving Under the Influence arrest. He is engaged in continuing aftercare, including Alcoholics Anonymous, has refrained from alcohol abuse for almost three years, and has a positive prognosis from his primary therapist. Sufficient mitigation is shown. Adverse inference is overcome. Clearance is granted.


Financial; Information Technology; Personal Conduct

03/02/2004

This 39-year-old engineer has worked for a major defense contractor for more than two years, with no problems of record. Applicant filed for Chapter 7 bankruptcy protection in August 2002. The debts were discharged in early 2003, but Applicant has chosen to reassume all of them and has either paid them off or is current in resolving all of them. Her problems at her previous employer have not been shown to have been the result of any intentional improper conduct on her part. She has had no problems of record during the two years of her current employment. Mitigation has been established. Clearance is granted


Criminal Conduct

03/02/2004

Applicant engaged in serious criminal conduct, including drug use and distribution, for 16 years. He was twice sentenced to incarcerations of more than one year by state courts. Applicant, now 53 years old, has mitigated in part his criminal conduct and established himself as a law-abiding citizen and employee. 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.


Foreign Preference; Foreign Influence; Personal Conduct

03/01/2004

The Applicant has expressed a willingness to renounce his Thai citizenship, but has not done so. He retains a Thai passport, which he uses to enter Thailand. He also owns property in Thailand worth about $70,000. His parents, in-laws, and two siblings are citizens of and reside in Thailand. There is no evidence that any of them are agents of any foreign government, or that their presence in Thailand can be exploited by any government. His Thai wife lives in the U.S. and is employed by a U.S. company. As the Applicant has not complied with the Money Memo ("Guide to DoD Central Adjudication Facilities (CAF) Clarifying the Application of the Foreign Preference Adjudication Guidelines," dated September 1, 2000) by surrendering his foreign passport, his request for a security clearance must be denied. Clearance is denied.


Financial; Personal Conduct

02/27/2004

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


Financial

02/27/2004

Board cannot consider new evidence on appeal. The Administrative Judge's findings of fact about Applicant's debts are supported by adequate record evidence. The Judge's adverse conclusions about Applicant's history of financial difficulties are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Foreign Influence; Foreign Preference

02/27/2004

Applicant's father is a naturalized U.S. citizen who resides in Taiwan. Her maternal aunts and cousins are Taiwanese citizens and residents. Applicant renounced her Taiwanese citizenship but maintains a Taiwanese passport contrary to the dictates of the Money Memo. Applicant failed to sufficiently mitigate the foreign influence and foreign preference security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

02/27/2004

Applicant began stalking the attorney who was representing him in a divorce proceeding. She terminated their professional relationship and notified the police. Despite being questioned and warned by a police officer, Applicant continued the stalking activities leading to his arrest and conviction of stalking. He was placed on probation, which he subsequently violated by his continued stalking activity. Applicant has failed to mitigate the criminal and personal conduct security concerns that arise from these actions. Clearance is denied.


Financial

02/27/2004

Applicant is a 53-year-old employee of a defense contractor. He admitted to debts of approximately $10,000.00. While he has paid a number of them in full or in part, he did not do so until the issuance of the Statement of Reasons and did not offer any evidence of payment on the largest judgment debt for $5,500.00. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

02/27/2004

Applicant is a 48-year-old employee of a defense contractor who has had three arrests and convictions for alcohol related offenses over the past seven years the most recent one in 2000. He failed to list the first two of them on his Security Clearance Application. (SF 86) Clearance is denied.


Financial

02/27/2004

Although Applicant may have satisfied three of the six delinquent debts addressed in the SOR, he has not resolved all of them. Moreover, he has not paid those until after two previous SORs were issued to him. Applicant has had more than ample time to resolve these debts. His failure to have done so by this time, coupled with his unwillingness to act until an SOR is issued, demonstrate that the Government's concern has not been mitigated. Clearance is denied.


Foreign Influence

02/27/2004

Applicant immigrated to the United States when she was 13 years old, and has lived here for the past 30 years, obtaining an education here, marrying, and raising a family. Applicant has no relationship with her half-siblings in Taiwan, but does remain in close contact with her aged father, who is ill. Applicant mitigated the foreign influence concerns. Clearance is granted.


Financial

02/27/2004

Forty-six-year-old Applicant's finances began to deteriorate for unspecified reasons sometime during 2000. His refusal or inability to remain current on his various accounts resulted in several being closed or charged off as bad debts, or reduced to court judgments. It was not until sometime around May 2003 that he began to explore possible repayment arrangements with a consumer counseling service. After several attempts, a repayment plan was finally initiated in February 2004, long after the SOR was issued. The true status of Applicant's finances is unknown, and there is no clear plan to avoid future financial problems. Accordingly there remain questions and doubts as to his security eligibility and suitability. Clearance is denied.


Financial

02/27/2004

By his own admission, the Applicant owes in excess of $8,000 in past due indebtedness to seven different creditors. Included in these past due debts are two outstanding judgments. As the Applicant has done little, if anything, to address this indebtedness, mitigation is not shown. Clearance is denied.


Drugs; Personal Conduct

02/27/2004

Applicant's marijuana use stopped five years ago. No possibility of recurrence. Government failed to prove that the Applicant falsified a questionnaire and a sworn statement. Sufficient mitigation is shown. Adverse inference is overcome. Clearance is granted.


Sexual Behavior; Personal Conduct

02/27/2004

Applicant with history of public acts of indecency and covering up the facts with his family, employer and court-referred evaluator, and DSS until subsequently confronted in a post-polygraph interview, out of embarrassment and concern for his job fails to mitigate security concerns over his denials and repeated misstatements to DSS agents. Clearance is denied.


Foreign Preference; Foreign Influence

02/27/2004

Applicant seeks to continue his security clearance. Applicant has mitigated the foreign preference and foreign influence security concerns. Clearance is granted.


Foreign Influence; Foreign Preference

02/26/2004

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 or obtained formal approval for its use. She intends to retain the passport and her foreign citizenship because of the employment attendant thereto. Application of the Money Memo to this case renders the foreign influence issues moot. Clearance denied.


Foreign Influence; Personal Conduct

02/26/2004

Applicant, a native-born U.S. citizen and a retired U.S. Navy first-class petty officer, is a 55-year-old married man employed by a U.S. defense contractor. In conjunction with his employment, he lives and works in Turkey. Under Guideline E, the record evidence fails to establish Applicant engaged in disqualifying personal conduct. Under Guideline B, although his connections to Turkey raise a security concern for foreign influence, Applicant has extenuated or mitigated that security concern. Clearance is granted.


Financial; Personal Conduct

02/26/2004

Applicant is a 52-year-old part-time employee of a defense contractor working as a security guard. He admitted to debts of approximately $40,000.00 and failing to acknowledge those debts on his Application for Security Clearance (SF 86). Clearance is denied.


Criminal Conduct

02/26/2004

Given the pattern, of illegal activity of more than four years, a commensurate track record of rehabilitation (that is more than simply the passage of time) is necessary to confidently conclude the past conduct will not recur. Clearance is denied.


Financial; Personal Conduct

02/26/2004

This 37-year-old computer technician has significant financial problems dating back to at least 1996, including two debts that resulted in garnishment of his wages and a third that resulted in a lien. His delinquent debts exceed $83,000 and none of the debts have been shown to be satisfied or otherwise resolved. Applicant falsified answers to two finance-related questions on his security clearance application. No mitigation has been established. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

02/25/2004

Applicant is not entitled to have another hearing unless he can show that he was denied a reasonable opportunity to prepare for the hearing, or was denied a reasonable opportunity to present evidence on his behalf. Expressions of remorse, however sincere, do not compel an Administrative Judge to make a favorable security clearance decision. A promise to take remedial action in the future is not the same as evidence of actual reform and rehabilitation. The Judge must consider the record evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence or vice versa. Applicant's history of unresolved financial difficulties and his falsification of a security clearance application provide a rational basis for the Judge's adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Alcohol; Criminal Conduct

02/25/2004

In 2001, the Applicant admitted he had "a physical and mental addiction" to alcohol. His alcohol abuse is evidenced by two alcohol related convictions, one in 1999 and another in 2000. He now avers he is no longer "addicted or dependent on the use of alcohol;" and as such, continues to drink "in moderation." Although the Applicant's past criminal conduct is distant enough in time so as not to be of present security significance, he has a serious problem with alcohol consumption which he fails to recognize. Mitigation is not shown. Clearance is denied.


Financial; Personal Conduct

02/25/2004

Applicant with history of delinquent debts and unpaid judgments following a period after his college graduation when he couldn't find work fails to establish documented repayment efforts after he gained employment sufficient to mitigate the Government's financial concerns. Applicant also fails to mitigate his deliberate omissions of his delinquent debts and unpaid judgments from his SF-86. Clearance is denied.


Alcohol

02/25/2004

Applicant has a history of alcohol-related incidents away from work, including one incident of driving while intoxicated, two incidents of being in possession of an open container, two incidents of drinking in public. Applicant has not had an alcohol-related incident in over two and one-half years and has made positive changes in his behavior supportive of sobriety. Clearance is granted.


Financial

02/25/2004

Applicant incurred substantial debt in the early to mid 1990s, when he left military service and pursued a second career in the ministry. He sought advice from a financial planner and set about satisfying financial delinquencies and bad debts. He has paid or settled all outstanding debts and is current on all his financial responsibilities. He has successfully mitigated concerns about his security worthiness under Guideline F, Financial Considerations. Clearance is granted.


Financial; Personal Conduct

02/25/2004

Board cannot consider new evidence on appeal. The fact that an applicant receives a discharge in bankruptcy does not mandate a favorable security clearance decision. A discharge in bankruptcy does not preclude consideration of an applicant's overall history of financial difficulties, nor is it a substitute for a demonstrated track record of financial reform and rehabilitation. Adverse decision affirmed.


Foreign Preference; Foreign Influence

02/25/2004

Administrative Judge's findings and conclusions about Applicant's past possession and use of Iranian passport are not arbitrary, capricious, or contrary to law. Decisions by Hearing Office Judges in other cases are not legally binding on Board. Board does not have authority to make its own pronouncements about nature of relations between United States and foreign countries. Pronouncements about relationship between United States and any given foreign country are committed to the President and other duly authorized Executive Branch officials. It was arbitrary and capricious for the Judge to fail to discuss, mention, or acknowledge record evidence indicating that the Iranian government is hostile to the United States. Applicant's right to due process does not change the substantive law governing security clearance adjudications and does not relieve Applicant of the heavy burden of persuasion imposed on all applicants by Executive Order 10865 and Directive. Favorable decision reversed.


Personal Conduct; Criminal Conduct

02/24/2004

Applicant has a history of criminal conduct, which most recently includes domestic violence and violation of court orders. He also omitted from his October 2001 SF-86 relevant and material information about his arrests and about his involuntary termination from his last employer. He has not mitigated the security significance of his falsifications or his criminal conduct, and is disqualified under Guideline E and Guideline J. Accordingly, his request for clearance is denied.


Criminal Conduct; Personal Conduct

02/24/2004

Applicant has a long criminal history, stretching from 1969 to 1996. He also falsified a questionnaire in 2000 by not admitting any of this conduct. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Information Technology; Personal Conduct

02/24/2004

Applicant is a 42-year-old employee of a defense contractor working as a senior engineer. Applicant has held a security clearance for the past 16 years while he was employed by other defense contractors and the Navy. Applicant was discharged in 1991 by a former employer for use of the internet to view pornography on two occasions in violation of company computer policy. Applicant has an unblemished outstanding record of employment both before and after the termination. He has received counseling after his discharge. Clearance is granted.


Alcohol; Criminal Conduct

02/24/2004

Applicant, a 61-year-old civilian engineer employed by a defense contractor, had three convictions for alcohol related driving offenses over the past 19 years the most recent one in 1997. The offenses are mitigated by the passage of time and the clear showing of rehabilitation and change in conduct. Clearance is granted.


Foreign Preference; Personal Conduct; Foreign Influence

02/24/2004

Applicant's wife's use of her foreign citizenship to protect her financial interests in a substantial inheritance in India exposes Applicant to the potential for foreign influence that could result in the compromise of classified information. Clearance is denied


Drugs; Personal Conduct

02/24/2004

Applicant's continued use of marijuana after having been granted a security clearance is 1990, and his falsifications on his security clearance application concerning the extent of his marijuana use, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

02/24/2004

Forty-six-year-old Applicant's finances began to deteriorate before his military retirement in July 2000, and his financial situation worsened when he was unable to secure a job until three months later. His inability to remain current on his various accounts resulted in several of them being charged off as bad debts. He entered into payment arrangements with one creditor in December 2001. Despite his promise to make repayment arrangements for three other accounts, Applicant did nothing until motivated to do so nearly a year later when he received the financial interrogatories from DOHA. To his eventual credit, he has now paid off or satisfied one of the accounts and is making regular payments on the other three. Questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Personal Conduct

02/24/2004

Applicant has failed to mitigate three false answers on her security clearance application. She deliberately failed to disclose two repossessions, three unsatisfied judgments against her, and five delinquent debts that she has not paid. Applicant continued to deny that she had delinquent debts, including those resulting in repossessions and judgments, when she was initially interviewed by a DSS investigator. It was only after she was confronted with her credit report that she acknowledged them and admitted that she lied. Although Applicant pledged never to lie again, in her response to the SOR, she again denies that she knew about the judgments and delinquent debts when she submitted her security clearance application. Clearance is denied.


Financial

02/24/2004

Applicant's financial indebtedness brought on by procrastination, not timely filing his income tax returns, and improper tax withholdings has been mitigated by a good faith effort to resolve his indebtedness. Clearance is granted.


Financial

02/24/2004

There is a rebuttable presumption that an Administrative Judge considered all the record evidence unless the Judge specifically states otherwise. Applicant has failed to show that the Judge ignored record evidence or weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Given the record evidence in this case, the Judge's adverse conclusions about Applicant's history of financial difficulties are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Foreign Influence

02/24/2004

Applicant is a 59-year-old engineer. A native born American of American parents, he married a Chinese national 14 years ago and brought her to the U.S., where she became a U.S. citizen. She has parents and siblings, mostly medical professionals, who remain citizens of and resident in China. Applicant's only ties to China have been through his wife, phone calls about once a month and mail about four times a year. They send about $1,200 a year by mail to the wife's mother, who is retired. Applicant's ties are infrequent and not close. He credibly avers that he would promptly contact U.S. authorities if any improper contacts were made. Mitigation has been established. Clearance is granted.


Criminal Conduct; Personal Conduct

02/23/2004

Applicant has mitigated two criminal arrests, the latest of which occurred over seven years ago, by providing clear evidence of successful rehabilitation. However, he has not mitigated his failure to report his criminal record on his recent security clearance application. Despite the presentation of favorable character evidence, Applicant's explanation of the omission is not convincing. His actions are not consistent with the high level of trust and confidence the federal government must be able to repose in persons granted a security clearance. Clearance is denied.


Criminal Conduct; Personal Conduct

02/20/2004

Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. Applicant's ability to argue for an alternate interpretation of the record evidence is not sufficient to demonstrate the Judge erred. Board cannot consider new evidence on appeal. Because Applicant raises no appeal issue concerning the Judge's findings and conclusions about Applicant's case under 10 U.S.C. 986, the Board need not address those findings and conclusions. Adverse decision affirmed.


Financial

02/20/2004

Applicant is a 65-year-old woman who has been employed by a defense contractor as a management analyst since February 2000. Her financial problems, including a Chapter 13 bankruptcy and mortgage foreclosure, resulted from her loss of employment in 1997, a legal dispute with the mortgage company, and a drug addict son who is now in a penitentiary. She has now mitigated those concerns with the sale of the house and payment or other resolution of all past-due debts. Clearance is granted.


Criminal Conduct

02/20/2004

The Applicant plead guilty to misdemeanor criminal conduct in 1990. He plead nolo contendere to misdemeanor criminal conduct involving damaging a door in his ex-wife's house in 2002. He has engaged in therapy to avoid recurrence, expresses remorse, and shows considerable evidence of rehabilitation. Sufficient mitigation is shown. Adverse inference is overcome. Clearance is granted.


Criminal Conduct

02/20/2004

This sixty five year old Applicant was arrested on May 1962, and charged with two counts of forgery. She plead guilty and was sentenced to serve an indeterminate term of six months to 14 years incarceration for each count. The provisions of Title 10 U.S.C. 986 apply. Applicant was also arrested and found guilty in 1958 for passing checks with insufficient funds, in 1969 she was arrested and found guilty of passing checks with insufficient funds, and in 1970 she was arrested and found guilty of receiving stolen property. 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

02/20/2004

This 60-year-old engineer and his wife incurred significant debt through the mid-1990s, but Applicant was not aware of many of them that were incurred by his wife, who is now deceased. He became aware of the scale of the delinquent debts only when a DSS agent showed him a copy of his credit report. Applicant has subsequently contacted most of the creditors and has paid off the bulk of the delinquent debt. He is willing and able to pay off the remaining amounts as soon as the amounts due are resolved. He did not mention three 90-day delinquent debts on his security clearance application because he was not aware of them when he completed the application. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

02/19/2004

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, either of his 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.


Personal Conduct

02/19/2004

Applicant rebutted the government's personal conduct concerns over his not including his two misdemeanor arrests and details of his financial problems in response to questions on his 2001 security questionnaire. He established credibly and persuasively that he had no deliberate intent to falsify. Further, he has a general reputation for honesty both in his work life and in his personal life. Clearance is granted.


Foreign Influence; Foreign Preference

02/19/2004

Applicant, a dual citizen of the United States and Iran, has relatives who are citizens and residents of Iran. His brother-in-law was executed by the Iranian government in 1982 for engaging in anti-government student demonstrations, and another brother-in-law, who resides outside Iran, was briefly jailed in 1999 while visiting Iran. Applicant's wife is also a dual citizen of the United States and Iran. Clearance is granted.


Foreign Preference; Foreign Influence

02/19/2004

This 54-year-old computer engineer/consultant technician was born in Ireland in 1949 and moved to the U.S. in 1986. He became a U.S. citizen in 1999. Although he has lived in this country for about 17 years, he has expressed containing close feelings for Ireland, including a statement that he may move back to Ireland when he retires. He has not established an unequivocal preference for the U.S. Most of his immediate family are citizens of Ireland and reside in that country or other European countries. Mitigation has not been established. Clearance is denied.


Personal Conduct; Financial; Alcohol; Criminal Conduct

02/19/2004

There is a rebuttable presumption that an Administrative Judge considers all the record evidence unless the Judge specifically states otherwise. Applicant's strong disagreement with the Judge's weighing of the record evidence is not sufficient to demonstrate the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. The Judge can make a finding of falsification based on circumstantial evidence even though the applicant denies any intent to falsify. Because the Judge's unfavorable decision is based on grounds not limited to application of 10 U.S.C. 986, the Judge did not have to make a recommendation concerning a possible waiver under that statute. Adverse decision affirmed.


Foreign Influence; Foreign Preference

02/18/2004

Applicant, a dual citizen of the U.S. and Iran, is a 50-year-old married man employed by a defense contractor as a senior software engineer. The foreign preference security concern is mitigated by Applicant's clear preference for the U.S. His family ties (a brother and a half-sister) to Iran, a country that is a bona fide security concern to the U.S., raises a security concern for foreign influence that Applicant is unable to mitigate or extenuate at this time. Clearance is denied.


Alcohol; Criminal Conduct

02/18/2004

This 47-year-old cost analyst was arrested on alcohol-related driving offenses in 1990,1991, and 2001. There was a 10-year gap between the first two incidents, in which Applicant has been a substantial consumer of beer and the 2001 incident, in which had consumed wine at a holiday party. The incidents were too far apart in time to constitute a pattern of alcohol abuse. For the past two years, Applicant's alcohol consumption has been limited to a glass of wine during weekend dinners. Applicant has a highly positive work record and family situation. There is no evidence of a current problem and Applicant avers an intent not to repeat past mistakes. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

02/18/2004

The Applicant did not falsify a Personnel Security Questionnaire. He has successfully resolved the four past due debts set forth in the SOR. His current financial situation is stable. Adverse inference is overcome. Clearance is granted.


Personal Conduct

02/18/2004

Applicant did not falsify his Security Clearance Application, and did not provide false information to the DSS agent who subsequently interviewed him. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

02/18/2004

Applicant's three alcohol-related offenses between 1983 and 1985 raise security concerns that have not been mitigated. Applicant's criminal conduct would have been mitigated under the criminal conduct guideline but-for the application of Title 10 United States Code Section 986 (10 U.S.C. 986). Because Applicant's third alcohol-related offense in September 1985 resulted in a prison sentence of more than a year, the provisions of 10 U.S.C. 986 preclude the granting of a security clearance without the waiver of the Secretary of Defense. Clearance is denied.


Criminal Conduct

02/18/2004

Given the record evidence in this case, the Administrative Judge had a rational basis for concluding Applicant's criminal conduct was serious, reflected adversely on his judgment, reliability, and trustworthiness, and had not been mitigated under Guideline J. The Board does not recommend consideration of this case for a waiver under 10 U.S.C. 986(d). Adverse decision affirmed.


Foreign Influence; Personal Conduct

02/18/2004

Applicant, who held a security clearance while working for another federal agency from which he has retired, has two sisters who are citizens and residents of the People's Republic of China; another sister who is a citizen and resident of Taiwan; and in-laws who are Taiwanese citizens, permanent residents of the U.S., and who spend considerable time in Taiwan. Applicant failed to sufficiently extenuate or mitigate foreign influence security concerns. Clearance is denied.


Personal Conduct

02/18/2004

Applicant failed to mitigate security concerns raised by his personal conduct involving employment issues, financial matters and alcohol use. Despite court-directed participation in an alcohol abuse program requiring attendance at Alcoholics Anonymous and an evaluation of early to middle stage ethanolism, he continues to drink alcohol. Applicant's unmitigated personal conduct involves questionable judgment, unreliability, and unwillingness to comply with rules and regulations, and strongly suggests an inability or unwillingness to safeguard confidential information. Clearance is denied.


Criminal Conduct

02/17/2004

Sixty-three-year old Applicant's 1985 arrest for federal income tax evasion, when he was 45-years old, and his subsequent conviction, upon his plea of guilty, led to a sentence of 15 months imprisonment. 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 not recommended.


Financial; Drugs

02/17/2004

Applicant accumulated unmanageable debt as a result of her husband's failed business, their subsequent divorce, and his discharging his share of the marital debt in bankruptcy shortly after their divorce was final. Applicant paid as much of the debt as she could and discharged the remainder in bankruptcy in 2003. She also smoked marijuana on two or three occasions during a weekend in July 2001. She used marijuana on a beach with strangers and recently acquired friends. Applicant possessed a security clearance when she used marijuana. Her use of marijuana was detected by a randomly administered urinalysis by her employer. Clearance is denied.


Foreign Influence

02/17/2004

Although the family members are dual citizens of the United States (U.S.) and 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 U.S., Applicant's 20-year record of possessing a security clearance without infractions or violations, and his deep ties to the U.S. justify complete confidence he will resist any coercive or non-coercive efforts to force him to choose between the person(s) involved and the U.S. Clearance is granted.


Financial; Personal Conduct

02/13/2004

Applicant filed for Chapter 13 bankruptcy protection in 1994 and 2000 and failed to list the 1994 filing on his security clearance application. Applicant's financial problems were due to conditions largely beyond his control. He is in the process of putting his financial house in order and has mitigated the financial security concerns. His omission of the 1994 bankruptcy filing from his security clearance application was not deliberate. Clearance is granted.


Personal Conduct; Financial

02/13/2004

Although an Administrative Judge has broad latitude and discretion in deciding how to write a decision, the Judge must issue a decision that makes findings and reaches conclusions that the parties and the Board can understand. In this case, the Judge's decision is equivocal as to whether the Judge did or did not find Applicant engaged in a knowing and deliberate falsification. Given such an equivocation concerning a key issue in the case, the appropriate course of action is to remand the case to the Judge for issuance of a new decision that makes clear findings and conclusions as to the SOR allegations concerning falsification. Case remanded with instructions.


Drugs; Criminal Conduct; Personal Conduct

02/13/2004

Forty six year old Applicant has abused marijuana, including purchase, possession, and use, for a minimum of 26 years. In a September 2002 declaration he stated that he continues to use and is psychologically addicted to the use of marijuana. The application of 10 U.S.C. 986 disqualifies him from eligibility. Additionally, Applicant failed to provide the required information regarding his drug usage and his termination from employment as a result of drug usage to the Government in a Security Clearance Application (SCA), and he knew or should have known his responses were materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Financial

02/12/2004

ADP Case. Applicant has a history of excessive indebtedness brought on by excessive family medical and dental bills and her husband's periods of unemployment. Unable to pay the bills, she was forced to file for Chapter 7 bankruptcy to discharge all of her unsecured debts. Mitigation is shown. A determination of trustworthiness is granted.


Criminal Conduct; Personal Conduct

02/12/2004

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


Criminal Conduct; Drugs; Personal Conduct; Alcohol

02/11/2004

Applicant abused cocaine from about his early 20s to at least October 1998 and consumed alcohol to excess on occasion to late December 2002. He was arrested twice (October 1998 and November 2001) on illegal possession charges and once (November 1998) for driving under the influence. While there is no evidence Applicant has been involved with cocaine since his November 2001 illegal possession when he would have inhaled cocaine but for his arrest, or with alcohol since late December 2002, the risk of future drug and alcohol abuse and related criminal conduct cannot be completely discounted based on his history. Applicant's lack of candor about his illegal drug involvement on his security clearance application and during an April 2002 interview engender serious doubt as to whether his representations can be relied on. Clearance is denied.


Personal Conduct; Criminal Conduct

02/11/2004

Applicant was charged with two counts of Engaging in Organized Criminal Activity, a first degree felony, in February 1999. He was thereafter granted immunity from prosecution in exchange for agreeing to testify against his co-defendants, and the charges were dismissed on January 29, 2001. Although he listed the arrest in a Security Clearance Application he submitted on February 24, 2000, Applicant intentionally provided false information about the circumstances of the offense when questioned by a special agent of the Defense Security Service on June 27, 2001. Applicant has failed to mitigate the security concern caused by his personal and criminal conduct. Clearance is denied.


Personal Conduct; Financial Considerations

02/11/2004

Under the Directive, an Administrative Judge may amend an SOR so as to render it in conformity with the evidence. The Board cannot consider new evidence on appeal. The Judge's findings under Guideline E and Guideline F are sustainable. The Judge's adverse conclusions under Guideline E and Guideline F are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Criminal Conduct; Financial; Foreign Influence

02/11/2004

Applicant was convicted in 1995 of assault and battery on a girlfriend, and sentenced to two years and two days, two days to serve with balance suspended. In January 1996, his sentence was revised to one year in the house of corrections, two days to serve with balance suspended. This judgment, which was affirmed on appeal in January 1997, does not fall within the statutory disqualification of 10 U.S.C. 986. Criminal conduct concerns persist, as Applicant claims he was the victim of a professional confidence artist, dishonest judges, and counsel who sabotaged his own defense. His ongoing denial of any culpability raises serious doubts about his reform. There is also an unacceptable risk of undue foreign influence because his daughter is a resident citizen of the Ukraine, who is employed as a physician in a regional hospital. Clearance is denied.


Security Violations

02/10/2004

This 47-year-old engineer has worked for the same defense contractor for 18 years. In 2001 and 2002, when he had the responsibility to protect classified documents used in a specific project, he inadvertently left open a safe on February 23, 2001, and left classified documents outside the safe overnight on two other occasions, March 15, 2002 and August 27, 2002. He received a written warning letter from his employer. The violations were admitted by Applicant, but they are aberrations in an otherwise praiseworthy career of protecting classified material. The unusual work-related circumstances that contributed to the violations have been changed for the better. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

02/10/2004

Applicant is a 31-year-old computer programmer for a defense contractor who supports four children and was homeless for four years before May 2001. She had several debts some of which have been resolved and others have not. She has developed a plan for repayment and is working on repayment in a systematic manner with the help of a debt consolidation loan and assistance from various organizations. Falsification of the Public Trust Position Application (SF 85 P) was mitigated. Trustworthiness Determination is granted.


Foreign Influence

02/10/2004

Applicant, employed as an e-mail administrator by a defense contractor, came to the U.S. as a refugee from Eritrea in 1983. He became a U.S. citizen. Applicant's Eritrean-born wife is a U.S. citizen, as are their three children, who were all born in the U.S. Applicant's mother is a Eritrean citizen who is a legal permanent resident of the U.S. One of Applicant's sisters is a Eritrean citizen living in Eritrea. Another sister is an Eritrean citizen living in a foreign country, where her husband is the Eritrean ambassador to that country. Applicant's ties of affection and obligation to family members residing in Eritrea or connected to a foreign government create the potential for foreign influence that could result in the compromise of classified information. Clearance is denied.


Foreign Influence

02/10/2004

The security concerns raised by a 42-year-old Hong Kong-born naturalized U.S. citizen Applicant with Hong Kong-born parents, who are temporarily residing in Hong Kong while his father recovers from a stroke, siblings, and wife, all of whom are naturalized U.S. citizens permanently residing in the U.S., and a widowed mother-in-law--a citizen and resident of Hong Kong, with whom he does not maintain close ties of affection or obligation--none of whom are agents of Hong Kong or the Peoples Republic of China or in a position to be exploited by those foreign governments, have been mitigated by the evidence developed herein. Clearance is granted.


Foreign Influence

02/10/2004

Board cannot consider in a vacuum, without reference to a properly developed record, whether a document was properly excluded by an Administrative Judge. If a party wishes to preserve its appeal rights on an evidentiary issue, then that party must take basic, minimum steps to preserve the record so that the Board can address that evidentiary issue on appeal. Under the Directive, Applicant has a heavy burden of persuasion as to obtaining a favorable security clearance decision. That heavy burden is not diminished, lessened, or reduced by the fact that Taiwan is not a country that is hostile to the United States. Foreign Influence Mitigating Condition 1 is bifurcated in nature. The Judge's favorable conclusions under Guideline B were based on unwarranted assumptions and lacked sufficient record evidence to support them. Favorable decision reversed.


Financial; Personal Conduct

02/10/2004

Applicant with history of delinquent debts that he has failed to address (relying instead on the expiration of the lawful period for reporting delinquent debts), and who falsified his SF-86 by omitting his delinquent debts, fails to mitigate security concerns raised by his history of financial difficulties and SF-86 omissions. Clearance is denied.


Foreign Influence

02/10/2004

The federal government is not required to wait until an applicant commits a security violation before it can deny or revoke access to classified information. The Administrative Judge's adverse conclusions about Applicant's ties with immediate family members in Iran are supported by the record evidence. Applicant has failed to show the Judge's findings of fact, analysis, or conclusions were arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

02/10/2004

While Applicant has had under DC (1) a history of financial problems and filed for bankruptcy in 1995 and again in 2002 and has demonstrated (3) an inability or unwillingness to satisfy all of his debts in the past, he has made substantial efforts to resolve these debts as detailed in the Findings of Facts either by paying the debts or having the debts discharged through Chapter 7 bankruptcy. Many of the debts in both bankruptcies were due to financial problems which Wife #1 caused in part; she still fails to pay any court-ordered child support on a consistent basis. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

02/09/2004

Applicant, a 39-year-old man, is an aircraft mechanic for a defense contractor. The record evidence is insufficient to overcome the negative security implications stemming from his history of illegal drug involvement. In addition, under 10 U.S.C. 986, the Defense Department is prohibited from granting or renewing a security clearance for Applicant based on his current drug use; a waiver is not authorized. Applicant is also unable to extenuate or mitigate his deliberate falsification of relevant and material facts about his long-term history of illegal drug involvement (1) on his security-clearance application, (2) during an interview to an investigator, and (3) in a sworn statement provided to an investigator. Clearance is denied.


Personal Conduct; Alcohol

02/09/2004

Applicant's two arrests for DUI are mitigated by the passage of time and by his moderated drinking habits. They also occurred seven years apart and do not indicate a pattern of alcohol abuse. Although he omitted the earlier of his two arrests from his SF-86 and his response to interrogatories, his omissions were not deliberate. However, Applicant was cited for 13 traffic violations between 1992 and 2003, an indication he is unwilling or unable to follow basic rules and regulations. He has not mitigated his conduct, disqualifying under Guideline E, and his request for clearance is denied.


Drugs

02/06/2004

Twenty-five-year-old Applicant's five-year history of marijuana abuse, commencing when he was in high school and continuing until at least June 2002, including the period after which he was granted an interim security clearance in July 2001, as well as his knowledge that doing so was illegal, despite his relatively recent abstinence and declared intention to abstain from smoking marijuana in the future, raises grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Foreign Influence

02/06/2004

The Applicant's 87 year old father-in-law is a former Lieutenant General in Taiwan's Army, and was also a Commissioner of the Taiwan Provincial Government. He retired from the Army nearly 30 years ago, and from his Taiwan Government post more than 20 years ago. His father-in-law now resides in the United States and is a U.S. citizen. The Applicant last visited Taiwan in April of 2000 to attend his mother-in-law's funeral. The Applicant also visited a college friend in Hong Kong in 1996. This friend is in the investment business, and sends an annual Christmas card to the Applicant. Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

02/06/2004

Applicant with history of delinquent debts mitigates security concerns by documenting payment of three of the listed four debts and the fourth debt belonging to someone else. Applicant refutes allegations she falsified her SF-86 and demonstrates her overall reliability and trustworthiness. Clearance is granted.


Financial; Foreign Influence; Foreign Preference; Personal Conduct

02/06/2004

Applicant is a 32-year-old employee of a defense contractor who has old debts of almost $4,000.00 that are outstanding and unresolved. He did not acknowledge these debts on his Security Clearance Application (SF 86) because he failed to understand the questions. His mother lives in and is a citizen of Viet Nam but poses no security risk. Clearance is denied.


Foreign Preference; Foreign Influence

02/06/2004

Applicant, an employee of a defense contractor, emigrated to the U.S. from Iran in 1972 and became a citizen in 1982. Her brother and a sister are citizens and residents of Iran. The brother and two other members of the family have suffered death, imprisonment, and harassment by the present government. The family has endured and resists pressures well. Applicant traveled to Iran five times over the past 30 years to visit family using her Iranian passport. She has now destroyed the passport and returned it to the Government of Iran. Applicant has no interest in or loyalty to Iran. Clearance is granted.


Alcohol

02/06/2004

While Applicant's alcohol-related arrests in 1994 and 2000 raised security concerns, they do not show a pattern. Applicant attended a court-ordered substance abuse offenders program after each arrest and made positive changes in his behavior. He is not alcohol dependent. He no longer drinks and drives and drinks only in moderation. References from his supervisors, co-workers, and a friend establish he is highly thought of as responsible and dependable with an outstanding work record. Clearance is granted.


Criminal Conduct; Financial

02/06/2004

Applicant, a civilian employee of a defense contractor, was convicted of a drug related offense that occurred in 1974 when she was 20-years-old. It resulted in a sentence of imprisonment for five years, suspended, one year probation and a $200.00 fine. The provisions of 10 U.S.C. 986 require that any person so convicted cannot hold a security clearance absent a waiver from the Secretary of Defense. Applicant has lived an exemplary life for the past 30 years and has held a security clearance for part of that time. However, the law requires that the finding must be adverse. I recommend further consideration of this case for a waiver of 10 U.S.C. 986. Clearance is denied.


Alcohol

02/06/2004

Applicant's only alcohol-related incident, a Minor in Possession of Alcohol, occurred in 1994, when he was 19 years of age. While Applicant's consumption of alcohol was at times, in excess and to the point of intoxication, it has diminished significantly. Evidence of Applicant's alcohol rehabilitation is sufficient to mitigate his alcohol related history. Clearance is granted.


Personal Conduct

02/06/2004

Applicant's personal conduct involving fraudulent activity resulting in his termination from employment in July 2000, has not been mitigated by sufficient of reform land rehabilitation. Clearance is denied.


Financial

02/06/2004

When Applicant completed her SF 86 she falsified her answer to question 39. The question asked if she was more than 90 days delinquent on any debt. She answered "No" even though she had three debts that were more than 90 days delinquent. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from the falsification. Clearance is denied.


Criminal Conduct; Financial; Foreign Influence; Personal Conduct

02/06/2004

This 41-year-old technician was born in South Vietnam in 1961, moved to the U.S. in 1980, and became a U.S. citizen in 1986. He was arrested in 1992 for Possession of Drugs, but the charges were dismissed because of a lack of evidence tying Applicant to the drugs. He was issued a misdemeanor citation in 1996 for operating a business without a proper permit, but the matter was subsequently dismissed by the court. He had three delinquent debts, but these have either been paid off or brought to a current status. All of the relatives in Vietnam cited in the SOR have now moved to the U.S. and have become citizens or applied for citizenship. The omission from his security clearance application of any mention of the 1992 and 1996 criminal matters was not done with any intent to deceive. Mitigation has been established. Clearance is granted.


Criminal Conduct

02/05/2004

In 1980, Applicant pled guilty to two charges of embezzling mail matter by a postal employee based on his stealing several hundred dollars from letters he handled as a postal employee. The federal district court sentenced Applicant to confinement for three years, of which all but 60 days was suspended and he was placed on probation. He has since been a law-abiding citizen and continuously employed by defense contractors. He has held a security clearance without an adverse incident or problem since approximately 1981. Under 10 U.S.C. 986, the Defense Department is prohibited from granting or renewing Applicant's security clearance based on his sentence to confinement exceeding one year unless the prohibition is waived by the Secretary of Defense; a waiver is not recommended. Clearance is denied.


Criminal Conduct; Financial

02/05/2004

In 1973, the Applicant pleaded guilty to a false pretense or forgery and sentenced to three years confinement (suspended). Because the misconduct is remote in time and because of clear evidence of rehabilitation, the criminal conduct concerns are mitigated. However, 10 U.S.C. 986 prohibits the granting the Applicant a security clearance absent a waiver by the Secretary of Defense. The Applicant also owes approximately $6,600.00 on six bad debts. He has failed to mitigate the financial concerns. Clearance is denied.


Foreign Influence

02/05/2004

Applicant mitigated security concerns over foreign influence resulting from her relatives' citizenship in Vietnam and in France as she has two brothers, and a sister who live in Vietnam and one sister who is a naturalized citizen and resident of France. Given that these relatives have no ties to the government of Vietnam or France, 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 she would succumb to foreign influence if her family should be subject to duress. Her references attest to her good character and professionalism at work. It is unlikely that foreign pressure on her family could create a situation that could result in the compromise of classified information. Clearance is granted.


Foreign Influence

02/05/2004

Board cannot consider new evidence on appeal. Board must give deference to Administrative Judge's credibility determinations. Applicant cannot be granted a temporary security clearance. Applicant is not entitled to have his case adjudicated based on future facts and circumstances he anticipates creating rather than the record evidence. Adverse decision affirmed.


Financial; Personal Conduct

02/05/2004

Given the record evidence in this case, the Administrative Judge was not required to apply Financial Considerations Mitigating Conditions 1 and 6 to Applicant's history of financial difficulties. The favorable evidence cited by Applicant is not sufficient to demonstrate the Judge's decision is arbitrary, capricious, or contrary to law. Applicant's appeal argument fails to persuade the Board that the Judge's adverse conclusions about Applicant's falsification of a security clearance application are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Personal Conduct

02/05/2004

To achieve financial stability for herself and her children, Applicant spent several years paying off debts incurred with her ex-husband. In 2002, she applied for a home mortgage, and filed with her application a settlement offer from one of her creditors that she had altered because she believed a restriction noted thereon no longer applied. Pursuant to an oral agreement modifying the terms of the original written settlement offer, Applicant paid the debt. Applicant's falsification was not deliberate, and her record contains no other evidence of conduct raising a security concern. She appears trustworthy and able to safeguard classified material. Clearance is granted.


Criminal Conduct; Personal Conduct

02/05/2004

Applicant had an opportunity to respond to the File of Relevant Material and submit additional information for the Administrative Judge to consider in his case. By failing to submit anything in response to the File of Relevant Material, Applicant waived his right to have additional information considered by the Judge. Board cannot consider new evidence on appeal. Under the Directive, there is no authority for a Hearing Office Judge or the Board to grant a conditional or probationary security clearance. Adverse decision affirmed.


Personal Conduct

02/04/2004

The Applicant was cited for Receiving Stolen Property in 1988, and accepted punishment pursuant to an Article 15 for the alleged Wrongful Use of a Government Credit Card in 1996. In 2001, he failed to disclose the existence of his Article 15 when he executed his Security Clearance Application (SCA). This wilful falsification, coupled with his prior misconduct, demonstrates a pattern of dishonesty, which is clearly of security significance. Clearance is denied.


Financial

02/03/2004

Applicant has had a history of financial difficulties. He currently has more than $52,000 in overdue debt. None of his past overdue debts have been resolved. Mitigation has not been established. Clearance is denied.


Alcohol

02/03/2004

While Applicant's alcohol-related arrests in 1977, 1994 and 2001 raised security concerns, after the last incident Applicant started attending Alcoholics Anonymous (AA), got a sponsor, stopped drinking, and has more than one year of sobriety. References from her supervisor and co-workers establish she has made positive changes in her behavior to support her sobriety. Clearance is granted.


Financial

02/03/2004

Applicant owes seven debts totaling approximately $5,000, which have been included in a repayment plan that is part of a Chapter 13 wage earner's bankruptcy. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the debts. Clearance is granted.


Drugs; Criminal Conduct

02/02/2004

In September of 1996, when he was 19 years old, Applicant was arrested for using marijuana in his university dormitory room. In January 1997, Applicant was arrested and charged with possession of marijuana near a school with intent to distribute. Subsequently, Applicant was convicted and sentenced to confinement for five years. Applicant sufficiently mitigated the drug abuse and criminal conduct security concerns, but, as a result of his sentence to confinement for five years, the Department of Defense is prohibited from granting or continuing a security clearance for him absent a waiver of 10 U.S.C. 986 by the Secretary of Defense. Clearance is denied. I recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Personal Conduct; Drugs

02/02/2004

Twenty five year old Applicant first used marijuana in1995, and he last used it in 1999. He has stated that he does not intend to use marijuana in the future. Applicant no longer associates with friends who use marijuana. Mitigation has been established. Clearance is granted.


Financial

01/30/2004

Fifty-two-year-old Applicant's finances deteriorated rapidly when her employment hours and salary were drastically reduced and she undertook responsibility for her mother-in-law's finances. She was unable to remain current on her various accounts and many of them were charged off as bad debts. In an effort to resolve those accounts, Applicant took out a mortgage on her residence and was able to resolve all but four of the accounts. Despite her promise to make repayment arrangements for those four accounts, Applicant did nothing until motivated to do so nearly a year later when she received the SOR. To her eventual credit, she has now paid off three of the accounts and is making regular payments on the fourth account. Questions and doubts as to her security eligibility and suitability have been satisfied. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

01/30/2004

The right to submit evidence for consideration by an Administrative Judge is an important one. If a party makes a timely submission of evidence that fails to reach the Judge through some administrative or other mistake that is not the party's fault, the party has suffered prejudicial error that warrants remand to rectify the situation. Case remanded with instructions.


Foreign Preference; Foreign Influence

01/30/2004

The Applicant has been a dual citizen of Tunisia and the United States since 2000. He has a current Tunisian passport and intends to retain the passport and his citizenship due to family matters. He has traveled to Tunisia on his Tunisian passport since obtaining his American passport and has extensive family ties, as well as property interests, there. Adverse inference is not overcome. Clearance is denied.


Financial; Alcohol; Personal Conduct

01/30/2004

Applicant with long history of unresolved delinquent debts, alcohol-related incidents and continued drinking despite unsettled dependence diagnosis, and actions demonstrating poor judgment and unreliability (i.e., misuse of AE Government card and falsification of SF-86) fails to mitigate adverse conduct necessary for eligibility to hold a security clearance, notwithstanding his meritorious work record. Clearance is denied.


Financial; Personal Conduct

01/30/2004

Applicant was fired from a position as a security officer. After deliberately omitting this fact from his security clearance application, he again denied having ever been fired when he was interviewed by a DSS investigator over seven months later. Applicant has failed to mitigate these falsifications. He also failed to report another employment termination but it does not constitute further evidence of falsification. The record establishes that he voluntarily resigned from that position, rather than being transferred to an evening shift. Clearance is denied.


Alcohol

01/30/2004

While Applicant's alcohol-related arrests in 1998 and 2000, along with his diagnosis of alcohol dependence from treatment programs, raised security concerns, Applicant stopped drinking after his last incident, entered an intensive outpatient program which he completed with a favorable prognosis in March 2001, and for almost three years has maintained his sobriety. References from his co-workers establish he is now rehabilitated and has made positive changes in his behavior to support his sobriety. Clearance is granted.


Foreign Preference; Foreign Influence

01/30/2004

Applicant's possession, use, and renewal 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. However, Applicant was not potentially subject to foreign influence where his parents and sister were foreign nationals, but reside in the United States. Clearance denied.


Personal Conduct

01/30/2004

Applicant falsified her security clearance application by failing to report a tax lien against her property, an unpaid judgment, several debts that were over 180 days delinquent, and an arrest and conviction for bank fraud. Applicant submits no credible evidence to mitigate her falsification Clearance is denied.


Foreign Preference; Foreign Influence

01/30/2004

Applicant is a dual citizen of Israel and the United States. He held an Israeli passport until November 2003. The foreign passport has been cancelled and he has initiated the process to revoke his Israeli citizenship. The Applicant's wife and children reside in the U.S. and are dual citizens of Israel and the U.S. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his dual citizenship and that of his wife and children. Clearance is granted.


Personal Conduct; Alcohol; Criminal Conduct; Financial

01/30/2004

Applicant has failed to mitigate: two false answers on his security clearance application; alcohol-related incidents, including a DUI and a DWI; 10 criminal arrests in addition to the two alcohol-related offenses; and six bad debts totaling $3,672.00. Clearance is denied.


Foreign Influence

01/30/2004

Applicant's strong disagreement with the Administrative Judge's decision is not sufficient to rebut or overcome the rebuttable presumption that the Judge acted in a fair and impartial manner. The SOR issued to Applicant placed him on adequate notice of the allegations against him so that he could respond to them and present evidence on his behalf for the Judge's consideration. Applicant was on adequate notice that he was responsible for presenting evidence on his own behalf and had the ultimate burden of persuasion as to obtaining a favorable security clearance decision. Nothing in Guideline B indicates it is limited to countries that are hostile to the United States. Applicant has not shown that the Judge's conclusions under Guideline B are arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Criminal Conduct; Alcohol; Drugs; Financial; Personal Conduct

01/30/2004

Nothing in Executive Order 10865 or the Directive indicates that an applicant must be granted a security clearance unless the applicant's conduct and circumstances fall under or implicates all or most of the 13 Guidelines listed in the Directive. The presence of some mitigating evidence does not compel the Administrative Judge to make a favorable decision. The Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence or vice versa. Applicant's reliance on the decision in Nickelson v. United States (284 F. Supp.2d 387) is misplaced. The Judge erred by finding Applicant falsified a security questionnaire by answering NO to question 29 because there was no record evidence that Applicant had been involved in a drug transaction for his profit or the profit of another person or entity; however, the Judge's error is harmless under the particular facts and circumstances of this case. Adverse decision affirmed.


Criminal Conduct

01/30/2004

Applicant with a dated history of special military courts martial resulting from a series of AWOL actions in 1967 mitigates conduct by passage of time, demonstrated successful rehabilitation and showing that the alleged 13 month confinement sentence resulting from his second courts martial was mistaken and does not, as such, trigger the application of the Smith Amendment. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

01/30/2004

The failure to present any evidence demonstrating repayment of delinquent debts results in a finding against Applicant under the financial considerations guideline. Applicant's deliberated falsification of his security clearance application (SCA) has not been mitigated even though the falsification occurred over 4 years ago. Finally, Applicant's long career in the shipbuilding industry does not mitigate his recent criminal conduct that occurred in March 2002. Clearance is denied.


Criminal Conduct; Alcohol

01/29/2004

Applicant's history of criminal conduct beginning in 1987, and continuing until May 2002, has not been mitigated. Applicant's numerous alcohol related incidents have also not been mitigated. Clearance is denied.


Foreign Influence

01/29/2004

Applicant mitigated security concerns over foreign influence raised because her mother and brother are citizens of the People's Republic of China ("China"). Given the evidence of Applicant's long history of responsible conduct in the United States (U.S.), I think it improbable that foreign pressure on her brother (who remains institutionalized in Macau) or on her mother (a retired doctor, who now lives in the U.S. with Applicant) would create a situation that could result in the compromise of classified information. Neither has any ties to the government of China. Applicant's references attest to her good character and professionalism. Clearance is granted.


Financial

01/29/2004

Applicant is a thirty two-year-old employee of a defense contractor who incurred debts over a long period of time, three of them for student loans. He has consolidated those loans and is now able to pay them on a monthly basis. Four other debts have been paid. Clearance is granted.


Foreign Preference; Foreign Influence

01/29/2004

The credible testimony of Applicant and his supervisors, together with Applicant's forthright action in surrendering his Israeli passport during the renunciation process of his Israeli citizenship provide persuasive evidence Applicant's sole preference is for the Unites States (U.S.). In addition, the initial security concerns raised under foreign influence are eliminated as none of Applicant's immediate family members (including his brother who works for the Israeli government) are agents of a foreign power or in a position to be exploited by a foreign power is such a way as to force Applicant to choose between the family member(s) and the U.S. Clearance is granted.


Drugs

01/29/2004

Applicant has a history of prescription drug abuse stemming from his chronic kidney stone condition. Since undergoing surgeries to relieve the source of his kidney discomfort and changing prescriptions, he has followed his medical advice in taking his pain killer medications in accordance with his prescribed instructions. Applicant absolves himself, accordingly, of risks associated with his past abuse of prescription drugs. Clearance is granted.


Alcohol; Personal Conduct

01/29/2004

Applicant with history of alcohol-related arrests and convictions (five in all) mitigates security concerns by convincing showing of 18 months of sustained abstinence and good prognosis from licensed substance abuse counselor. Applicant's omissions of two prior DuI arrests from his SF-86 were not deliberate and are no longer security significant. And his two traffic-related offenses were either mistaken or isolated and mitigated as well. Clearance is granted.


Financial

01/29/2004

Applicant, a 49-year-old man, is a senior hardware technician for a major defense company. The record evidence is insufficient to overcome the negative security implications stemming from his history of financial irresponsibility (e.g., approximately $44,000 in unsecured credit card debt discharged under Chapter 7 in 1998 and additional delinquent credit card debt since the bankruptcy). It is too soon to tell if Appellant's financial irresponsibility is a thing of the past unlikely to recur. Clearance is denied.


Financial; Personal Conduct

01/29/2004

Applicant, an officer in a family business corporation, shared responsibility with her husband for satisfying tax liens, real property taxes, and other debts when their restaurant businesses failed and they jointly declared Chapter 11 bankruptcy in 1992. As a part of their bankruptcy reorganization plan, approved by the court in 1994, Applicant and her husband agreed to satisfy the debts within specific time frames. In her answer to the Statement of Reasons, Applicant denied she knew about the liens and delinquencies when she filed her security clearance application in 2000. Prior to her hearing in 2003, Applicant took action to satisfy her portion of the debts. Applicant's lack of candor about her financial obligations raises security concerns. Clearance is denied.


Sexual Behavior; Personal Conduct

01/29/2004

Based on purported admissions Applicant made to a polygrapher who interviewed him, the Defense Office of Hearings and Appeals issued a statement of reasons alleging Applicant downloaded pornographic images of children to his home computer and then deliberately falsified material facts about this conduct in a statement to a Defense Security Service agent. The National Security Agency refused to name the polygrapher or allow him to testify. The Government failed to establish by substantial evidence Applicant downloaded child pornography to his computer. Clearance is granted.


Alcohol

01/29/2004

The Applicant abused alcohol for several years before March 2001. In March 2001 he was arrested for Driving Under the Influence. He has been abstinent for over two years, has successfully attended outpatient alcohol treatment, has a favorable prognosis from the same doctor who diagnosed him as alcohol dependent, and has considerable favorable mitigating evidence. Adverse inference is overcome. Clearance is granted.


Alcohol; Personal Conduct

01/29/2004

Alcohol-related arrests that do not result in conviction may nonetheless disqualify an applicant under Guideline G when there is sufficient record evidence showing that alcohol consumption played significant part in the conduct that lead to the arrests. An Administrative Judge is not required to accept an applicant's hearing testimony at face value without regard to other record evidence. Applicant's disagreement with the Judge's weighing of the record evidence is not sufficient to demonstrate the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Applicant waived any objection to evidence presented by Department Counsel by not objecting to it at the hearing. Even a pro se applicant has the obligation to take timely, reasonable steps to bring to a Judge's attention any objections or concerns the applicant has about evidence presented during the hearing. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

01/27/2004

Applicant's long-standing indebtedness, and his intentional omission of material facts concerning this indebtedness from a Security Clearance Application (SCA), preclude a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Foreign Influence; Foreign Preference

01/27/2004

Applicant, a dual citizen of the U.S. and Syria, is a 44-year-old married man employed by a major defense and aerospace company as the director of advanced computing and robotics. He immigrated to the U.S. from Syria in 1979 to study engineering. He married a native-born U.S. citizen in 1983; he and his spouse have two children, both native-born U.S. citizens. He obtained U.S. citizenship in 1988, and he accepted employment in 1989 with the Department of Army as a civilian engineer. Granted a security clearance in 1990, Applicant worked for the Army until accepting his current employment in December 2000. The totality of facts and circumstances show that Applicant's connections to Syria do not pose an unacceptable security concern or risk of foreign influence under Guideline B. The foreign preference security concern under Guideline C is mitigated by Applicant's clear preference for the U.S. Clearance is granted.


Alcohol; Personal Conduct; Financial

01/27/2004

Applicant with history of alcohol-related incidents and no counseling or treatment to document his claimed absence of an alcohol problem provides insufficient corroboration of his achieving control of his drinking to absolve him of risks of recurrence. He is credited with disproving allegations of falsification of his SF-86 and mitigating financial concerns stemming from his 2000 bankruptcy discharge. Clearance is denied.


Financial; Personal Conduct

01/27/2004

Applicant has a history of financial delinquency that he has not yet addressed. With his income barely sufficient to cover his family's living expenses and his spouse mismanaging her income, Applicant is not in a position to repay some $4,157 in delinquent consumer credit debt placed for collection or charged off due to nonpayment. Embarrassed about his poor credit, Applicant deliberately did not disclose any of his debts when he completed his security clearance application in June 2000. Clearance is denied.


Financial

01/27/2004

Thirty-year-old Applicant's finances deteriorated rapidly when she was unable to repay her student loans and her creditor demanded monthly payments of $300.00 and refused to accept her proffered $200.00 payments. With her student loans in default and sold to a collection agency, she permitted her apartment lease to expire and moved in with her family to enable her to enter into payment arrangements with the collection agency. Her monthly payments commenced before the SOR was issued. With increased financial maturity and new resolve, Applicant has chosen to work with her two creditors to pay off her debts. Questions and doubts as to her security eligibility and suitability have been satisfied. Clearance is granted.


Information Technology; Personal Conduct

01/27/2004

Applicant, a 65-year-old software systems engineer, was terminated from a previous job in July 2002 for violating company policy. He introduced computer software into the company's computer system without authorization, which allowed a third party access to the firm's computer network. Applicant continues to downplay the seriousness of his conduct, characterizing it as "a benign event" since the outside entity only had access to his files. Clearance is denied.


Foreign Influence; Foreign Preference

01/27/2004

Applicant is a U.S. citizen who renewed her Iranian passport in 2003 so that her husband could take their two children to Iran to visit his mother. She still possesses the Iranian passport. Applicant also has ties of affection or obligation to her father, maternal aunt, and mother-in-law in Iran as to place her in a position of vulnerability to be exploited. Clearance is denied.


Personal Conduct

01/27/2004

While Applicant failed to reveal on his security form in 2002 that his security clearance was revoked in November 1991, his security officials advised he was only required to document the previous ten years and indeed the form specifically requires any military disciplinary record only for the past seven year. Further, he was never informed of the revocation as he was honorably discharged in October 1991. Any personal conduct concern is superseded by his subsequent long history of outstanding conduct on the job where Applicant is highly regarded for his integrity and honesty overall. He also has highly favorable references. Clearance is granted.


Financial; Personal Conduct

01/26/2004

Applicant has two large outstanding debts, dating from before 2000, which she has made no effort to resolve. The Applicant also willfully failed to mention these two debts on an security clearance questionnaire. Insufficient mitigation is shown. Adverse inference is not overcome. Clearance is denied.


Financial

01/26/2004

This 52-year-old Quality Control Manager was married from 1980 to 1993. Her ex-husband went into business with his brothers and another firm. Business problems led to five substantial debts being incurred, none of which Applicant was aware until after lawsuits and judgments, one in 1992 and the other four in 1994, in which she was named but never served. The December 1993 divorce decree made the husband responsible for all business related debts, relieving Applicant of legal responsibility to pay them. The debts/judgments do not appear on current credit reports. The government has not proven that the debts/judgments are still open and valid, nor that Applicant is responsible for resolving them. Clearance is granted.


Personal Conduct; Criminal Conduct

01/23/2004

The federal government is not required to wait until an applicant commits a security violation before it can deny or revoke access to classified information. The Administrative Judge's findings that Applicant falsified a security clearance application provide a rational basis for the Judge's unfavorable conclusions about Applicant's security eligibility. Applicant's desire to continue to work for a defense contractor with a security clearance does not demonstrate any factual or legal error by the Judge, and it provides no legitimate basis for reversing the Judge's decision. Adverse decision affirmed.


Personal Conduct

01/23/2004

Applicant's attempt to conceal his marital infidelity from the Government during his initial interview with DSS when specifically questioned about it, and the fact that he has not told his wife about one of the affairs, subjects him to coercion, exploitation or duress rendering him susceptible to blackmail that could place the national security at risk. Mitigation has not been shown. Clearance is denied.


Foreign Influence

01/23/2004

Applicant is a 45 year-old, United States born citizen. His wife was born in Venezuela and became a naturalized United States citizen. The mother of Applicant's wife and her three sisters and one brother are citizens of and reside in Venezuela. None of her relatives has ever worked for the Venezuelan government. Applicant 's contact with them is casual and infrequent. Applicant has given some money to his mother-in-law and his niece in Venezuela, but the amount is not significant. Applicant's strong attachment to the United States and minimal ties to Venezuela make 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.


Alcohol

01/23/2004

Applicant with a history of abusive drinking that is marked by both blackouts and a still recent aggravated DUI conviction fails to persuade he gave up drinking as he claims and requires more time to mitigate security risks associated with his history of abusive drinking. Clearance is denied.


Foreign Preference; Foreign Influence

01/23/2004

Applicant, a dual citizen of the United States and Jordan, 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 Jordanian passport to the proper Jordanian authorities, despite his indicated desire to return it. None of Applicant's immediate family members are 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 not been shown. Clearance is denied.


Foreign Preference; Foreign Influence

01/22/2004

Applicant seeks to continue his security clearance. He used his Egyptian passport while traveling within Egypt, his native land, after he became a U.S. citizen in 1974, but used his U.S. passport to travel to Egypt. Applicant surrendered his Egyptian passport, and expressed a willingness to renounce his dual Egyptian citizenship. The last incident of use was in 2000. Applicant has siblings residing in Egypt, and has a minimal shared financial interest in his late parents' house there. Applicant has mitigated the foreign preference and foreign influence security concerns. Clearance is granted.


Financial; Criminal Conduct

01/22/2004

Applicant mitigated security concerns over his finances and his isolated misdemeanor criminal conduct. Despite his past financial problems, he has resolved or is resolving outstanding debts to most of his creditors. Overall he has demonstrated that he is gaining control over his finances and has a good income and lives within his income. He has stability in his job as he has a general reputation for being conscientious and being honest and forthright in his dealings. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

01/22/2004

Applicant has a history of not meeting his financial obligations and engaging in conduct that is both criminal and demonstrates an unwillingness to abide by rules and regulations. Applicant's conviction in 1980 on two counts of theft and his sentence to more than a year in prison makes him ineligible for a Department of Defense security clearance. Clearance is denied.


Foreign Preference; Foreign Influence

01/22/2004

This 42-year-old software engineer was born in France in 1961, moved to the U.S. in 1984, and became a U.S. citizen in 1998. He retains his French citizenship, but is willing to renounce it. He has surrendered his French passport. Applicant has parents and siblings who are citizens of France and reside there. There is little risk they would be asked to pressure Applicant to reveal U.S. secrets, and Applicant credibly avers he would reject any such attempt and report it immediately to U.S. authorities. His financial interests in France have been liquidated. Mitigation has been established. Clearance is granted.


Financial

01/22/2004

Applicant offered no credible evidence from which I can conclude his financial difficulties have been resolved, or are likely to be resolved anytime soon. Clearance is denied.


Personal Conduct

01/22/2004

Fifty-three-year-old Applicant's lengthy 34-year history of marijuana abuse, commencing when he was in college and continuing until at least November 2000, including approximately 14 years during which he has held a security clearance; his knowledge that doing so was illegal; his contention that marijuana use is "pretty harmless;" his initial refusal to stop using drugs; and his eventual security clearance review-generated promise that he will abstain from smoking marijuana in the future while holding a security clearance position; raise grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Personal Conduct

01/22/2004

In March 2001, Applicant was terminated for cause for taking company property, an action which violated company guidelines. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from such serious personal misconduct. Clearance is denied.


Financial

01/22/2004

Applicant, a 51-year-old employee of a defense engineering contractor, incurred debts during a period of unemployment in 1996 and 1997. Despite having been employed since 1997 she continues to have several debts that are in question. She has paid the majority of the outstanding debts or settled them for a lesser amount but several were paid only a few days before and after her hearing. While most of the debts have been paid and others were settled, the fact that she failed to resolve these obligations for so long a time indicates a history of failure to meet her obligations. Clearance is denied.


Alcohol; Personal Conduct

01/22/2004

The pattern of alcohol-related incidents from 1991 to 1997, followed by insufficient evidence of positive changes in behavior supportive of sobriety precludes a finding for Applicant under the alcohol involvement guideline. Applicant's deliberate falsification of his alcohol-related record from his November 2000 security clearance application (SCA) and his April 1981 SCA (unalleged) represents disqualifying conduct that has not been mitigated. Clearance is denied.


Personal Conduct

01/22/2004

An Administrative Judge's credibility determinations are entitled to deference on appeal and the party challenging those determinations has a heavy burden of persuasion. The Judge's findings that Applicant deliberately falsified security questionnaires in 1993 and 2000 are sustainable. The Judge's application of the Adjudicative Guidelines was not erroneous. The Judge's adverse conclusions are consistent with a whole person analysis of Applicant's case. Adverse decision affirmed.


Financial

01/21/2004

The methods and scope of DSS investigations are outside the scope of review of the Board. Any attempt by an Administrative Judge to independently investigate allegations or develop facts would conflict with the Judge's role as an independent fact finder. The Board cannot consider new evidence. The application of the Adjudicative Guidelines requires the exercise of sound discretion in light of the record evidence as a whole. The Judge's adverse conclusions about Applicant's history of financial difficulties are not arbitrary, capricious, or contrary to law. Applicant's disagreement with the Judge's weighing of the record evidence is not sufficient to demonstrate the Judge weighed the evidence in a manner that is arbitrary, capricious or contrary to law. Adverse decision affirmed.


Financial

01/21/2004

Applicant is approximately $23,000 in arrears on child support payments for his seven children and was convicted of food-stamp fraud in 1996. Although his arrearages are slowly being reduced by the state garnishing his wages, Applicant failed to sufficiently mitigate the financial considerations security concerns. Clearance is denied.


Foreign Preference

01/21/2004

This 61-year-old Applicant was born in Mexico in 1942, moved to the U.S. in 1960, and became a U.S. citizen in 1970. In 1999, he obtained a document from a Mexican consulate in the U.S. officially recognizing his Mexican citizenship. Use of the document meant he could avoid having to pay newly imposed fees charged foreigners traveling into the interior of Mexico. He used the document three times. Applicant has lived, married, and worked in the U.S. for more than 40 years. He has worked for many years cleaning and repairing U.S. Navy ships, with no apparent problems. People who know Applicant describe him as hard working and law abiding. Mitigation has been established. Clearance is granted.


Personal Conduct; Sexual Behavior; Criminal Conduct

01/21/2004

Applicant with history of soliciting prostitution in a known prostitution parlor and engaging in extramarital affairs with foreign nationals without disclosing his activities to either his wife or employer, and who repeatedly falsified his accounts of his sexual encounters in DSS statements until confronted, fails to mitigate judgment and trust lapses associated with his misconduct. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

01/20/2004

Applicant was arrested in 1996, and plead guilty to the charge of Petit Larceny. Additionally, she has had a history of overdue debts, and these debts had not been resolved at the time she completed a Security Clearance Application (SCA) in 2001. Applicant did not provide the required information regarding her arrest or her debts to the Government in the SCA, and she knew or should have known her responses were materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Financial

01/20/2004

Applicant and her husband filed for bankruptcy in 1994 as a result of him being laid off from his job during the recession of 1992 and the failure of a business they started. In 1997, Applicant's husband fell ill and incurred a debt of over $15,000 for medical expenses not covered by insurance. Applicant failed to demonstrate sufficient mitigation of the financial considerations security concerns. Clearance is denied.


Personal Conduct; Criminal Conduct

01/20/2004

Applicant has failed to mitigate two false answers on his security clearance application, both as Personal Conduct under Guideline E and Criminal Conduct under Guideline J. Applicant omitted his DWI and DUI convictions, as well as a drug-related arrest from his security clearance application. He contends the omission was not deliberate but was due to him reading the application to only cover the last seven years. His argument is not convincing. In addition to the fact that the application required him to disclose all of his alcohol and drug offenses, Applicant omitted the drug-related arrest that occurred within the prior seven years. His admission of drug use on the application also fails to establish that his omission of the drug-related arrest was not deliberate. Clearance is denied.


Financial

01/20/2004

Applicant owes approximately $43,000 on five debts which she is unable to pay. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from debts of such magnitude and her inability to pay. Clearance is denied.


Financial; Personal Conduct

01/20/2004

While Applicant's financial problems raised security concerns because of his delay in resolving debts to several creditors, he has resolved or is resolving his debts which were in large part caused by conditions beyond his control. Also, he mitigated the personal conduct concern as he had no intent to falsify when he failed to list his outstanding debts on his 1999 security questionnaire. Thus, he has mitigated these security concerns. Clearance is granted.


Financial; Foreign Influence

01/20/2004

Applicant has a history of not meeting his financial obligations. He refuses to pay the debts because many of them will drop off his credit report in 2004. He argues that if he makes any payments it will reactivate those debts on his credit report for another seven years. Applicant's mother is a naturalized U.S. citizen who emigrated to the U.S. from South Korea. Applicant's stepfather is a scientist who is a permanent resident of the U.S., but is a citizen of South Korea and travels there often. Applicant failed to mitigate the financial considerations or foreign influence security concerns. Clearance is denied.


Financial

01/20/2004

Applicant with accumulated delinquent debts associated with a tough period of unemployment, divorce, and incapacitating medical issues failed to take any documented corrective steps available to him and is unable to mitigate security risks still associated with his delinquent debts. Clearance is denied.


Foreign Influence; Personal Conduct

01/16/2004

This 28-year-old engineer was born in Hong Kong and is a naturalized U..S. citizen. He has relatives, including grandparents, still living there. Applicant credibly avers that he would reject any request to disclose classified information and promptly report any such contact to U.S. authorities. Mitigation has been established. Clearance is granted.


Foreign Influence

01/16/2004

Applicant is a 47 year-old, United States born citizen. Her husband was born in Iran and became a naturalized United States citizen. The parents of Applicant's husband are citizens of and reside part time in Iran and part time in the United States. They are retired and have never worked for the Iranian government. Applicant's husband also has siblings who are citizens of and reside in Iran. No evidence was presented as to their status regarding employment with the government of Iran or their contacts with Applicant. By not mitigating these foreign influence security concerns, Applicant failed to demonstrate it is clearly consistent with the national interest to grant or continue her security clearance. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

01/16/2004

Between the ages of 19 and 27, Applicant had several alcohol-related incidents away from work and was a scofflaw. Applicant is now 33 years old, has made peace with the justice system and has not been in trouble with the law for almost seven years. The evidence is insufficient to establish Applicant deliberately falsified his security clearance application with regard to whether his use of alcoholic beverages had resulted in any "alcohol-related treatment or counseling." Clearance is granted.


Financial

01/16/2004

Applicant with accumulated delinquent debts associated with family layoffs and his wife's accident-producing disability resisted bankruptcy and initiated repayment efforts with his creditors that he documents to be working. Applicant combines his repayment showing with solid work performance and overall trust and reliability. Clearance is granted.


Foreign Influence

01/16/2004

The security concerns raised by a 37-year-old Lebanon-born naturalized U.S. citizen Applicant (also a citizen of Lebanon) with a Lebanon-born mother and three siblings, all of whom are naturalized U.S. citizens residing in the U.S., and an aunt and cousins who are citizens and residents of Lebanon, with whom he does not maintain close ties of affection or obligation, none of whom are agents of that foreign government or in a position to be exploited by that foreign government, have been mitigated by the evidence developed herein. Clearance is granted.


Drugs; Personal Conduct

01/16/2004

Applicant's illegal use of drugs, including hashish, marijuana, cocaine and LSD from 1985 until 1990, has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.


Alcohol; Financial; Personal Conduct

01/16/2004

Given (1) the lack of evidence demonstrating constructive changes in lifestyle contributing to sobriety, (2) the lack of evidence indicating positive changes in financial habits, and (3) the lack of evidence to mitigate Applicant's intentional omission of material information from his response to interrogatories in January 2003, Applicant's meager evidence is insufficient to overcome the adverse evidence under the guidelines and under the whole person concept. Clearance is denied.


Criminal Conduct; Personal Conduct

01/16/2004

The Administrative Judge's finding that Applicant falsified a security clearance application is sustainable. In DOHA proceedings, a finding of criminal conduct can be made even if an applicant has not had criminal charges brought against him. Adverse conclusions can be drawn against an applicant under Guideline J based on a history of misdemeanor conduct. Because Judge did not base his adverse decision solely on 10 U.S.C. 986, the Judge properly did not make any recommendation as to whether the case should be considered for a waiver under 10 U.S.C. 986(d). Given the Judge's findings, the Judge had a rational basis for his adverse conclusions about Applicant's security eligibility. Adverse decision affirmed.


Foreign Influence; Personal Conduct

01/15/2004

The Applicant's 82 year old mother is a British National (Overseas) citizen residing in Hong Kong. The Applicant visits her at least once a year and has frequent telephone contact. However, her mother is not an agent of the Chinese government and the Applicant is not subject to coercion because of her mother's presence in Hong Kong. The Applicant neglected to fully complete her Security Clearance Application with regard to all of her trips. However, this was primarily due to negligence and she did not intentionally falsify her Security Clearance Application as alleged in the Statement of Reasons. Adverse inference is overcome. Clearance is granted.


Alcohol; Personal Conduct

01/15/2004

Applicant has a history of alcohol-related incidents. Although he appears to have solved his problem with alcohol, he deliberately omitted from his security clearance application and alcohol interrogatories information about his alcohol-related incidents. Security clearance is denied.


Personal Conduct; Drugs

01/15/2004

Applicant used marijuana for many years. Some of this use occurred while he held a security clearance. In addition, he lied about his drug use on a Personnel Security Questionnaire. Clearance is denied.


Criminal Conduct; Alcohol

01/14/2004

Applicant has two widely-spaced driving under the influence (DUI) arrests, one in 1985 when he was 22 years old, and one in 2001 at 38 years of age. Applicant has made positive changes in his life which support sobriety, including Alcoholics Anonymous (AA) participation. Applicant mitigated the security concerns. Clearance is granted.


Alcohol

01/14/2004

While Applicant's two alcohol-related arrests and convictions in 1994 and 2001 raised security concerns, Applicant stopped drinking to excess in 2001 and provided evidence which shows positive changes in his behavior for the past two years which is confirmed by his supervisor at work, his father at home, as well as his friend and girlfriend who see him socially. Clearance is granted.


Foreign Preference; Foreign Influence

01/14/2004

Applicant immigrated from Taiwan to go to college in the United States. He became a U.S. citizen in 1996. In 1997 he renewed his Taiwanese passport, and used it and his U.S. passport to travel to Taiwan in 1998 and 2000. His wife is a citizen of Taiwan, and a permanent resident of the U.S. His parents are dual U.S.-Taiwanese citizens residing in the U.S. His in-laws are citizens of and residing in Taiwan. Applicant's use of a foreign passport shows a foreign preference which is not mitigated. His in-laws's citizenship shows a foreign influence which is not mitigated. Clearance is denied.


Foreign Influence

01/14/2004

Applicant, employed as a senior research scientist by a defense contractor, was born in the Peoples' Republic of China (PRC) and received a degree in mathematics from a university in the PRC. He was selected for graduate study abroad and holds a doctorate in applied mathematics from a European university. He is an internationally recognized expert in computational fluid dynamics and his work has direct military applications. Applicant's wife is a citizen of the PRC, as are his mother, his two brothers, and his wife's parents. Applicant's continuing ties of affection and obligation to family members in the PRC create the potential for foreign influence that could result in the compromise of classified information. Clearance is denied.


Alcohol; Criminal Conduct

01/14/2004

Applicant's criminal conduct requires a denial of his clearance request pursuant to10 U.S.C 986. Clearance is denied.


Drugs; Alcohol

01/14/2004

Fifty one year old Applicant has abused marijuana - including purchase, possession, and use, and in a December 2001 declaration she stated that she intends to continue to use marijuana in the future. Furthermore, the application of 10 U.S.C. 986 disqualifies her from eligibility. Applicant's alcohol abuse has resulted in her reporting to her place of employment in an intoxicated state. Applicant continues to consume alcohol to the point of intoxication. Clearance is denied.


Foreign Influence; Foreign Preference

01/13/2004

Applicant's acquisition of the deed for 2.5 acres of Polish farmland does not have adverse security significance under the foreign influence guideline. However, in view of Applicant's exercise of his Polish citizenship in May 1996 (after obtaining his U.S. citizenship in April 1992) to acquire 2.5 acres of Polish farmland, coupled with his declination to renounce his dual citizenship and the lack of supporting evidence to prove he surrendered his Polish passport, Applicant has not met his burden of persuasion under the foreign preference guideline. Clearance is denied.


Financial; Personal Conduct

01/13/2004

Applicant's debts were discharged in bankruptcy in 1996. In 1999, he filed a Chapter 13 bankruptcy wage-earners plan. Applicant has been meeting his payments under the plan. Applicant provided deliberately false or misleading information on his security clearance application, on an employment application, and to an investigator concerning a personnel security determination. Clearance is denied.


Financial

01/13/2004

Board does not have jurisdiction or authority to review actions of Personnel Security Specialists who issue SORs. Board can review claims that a deficient SOR prejudiced an applicant's right to a fair adjudication. There is a rebuttable presumption that an Administrative Judge is fair and impartial. A Judge has broad discretion and latitude in how to write a security clearance decision, subject to the legal constraints of the Directive and basic concepts of due process. The vagueness of the Judge's findings in this case precludes the Board from making a reasoned decision as to whether the Judge's conclusions are sustainable or are arbitrary, capricious, or contrary to law. Adverse decision remanded with instructions.


Personal Conduct

01/12/2004

Applicant, employed by a defense contractor, holds a top secret clearance, granted to him in 1996 while in military service. In 2001, as a civilian, he executed a security clearance application as a part of a periodic review of his security worthiness. In 2002, when interviewed by an investigator for the Defense Investigative Service about his application, he denied committing an indecent assault on his military roommate in 1997, even though he knew this to be true. Applicant further misled the investigator by asserting that his roommate had alleged the indecent assault in order to force him out as a roommate. Applicant's falsification and lack of candor raise serious security concerns. Clearance is denied.


Alcohol; Personal Conduct

01/12/2004

Applicant has a history over at least a decade of daily consumption of alcohol in sufficient quantities that his judgment was impaired. Applicant entered alcohol rehabilitation three times, was diagnosed as an alcohol abuser, admits he is an alcoholic, yet continued drinking alcohol until four months ago. He is not involved in any established or recognized sobriety maintenance program. Applicant filed bankruptcy because his finances deteriorated due to his alcohol abuse. He failed to disclose the use of an alias on his security clearance questionnaire, and avoided discussion of it when first questioned by an investigator. Applicant could not mitigate the alcohol consumption concerns under Guideline G or the personal conduct concerns under Guideline E. Clearance is denied.


Personal Conduct; Criminal Conduct

01/12/2004

Board cannot consider new evidence on appeal. No useful purpose would be served by remanding case to Administrative Judge to clarify an ambiguity in his decision when the ambiguity reflects either no error at all or at most a harmless error. Judge's finding that Applicant falsified a security clearance application in October 2000 is sustainable. Serious security concerns can be raised by conduct or circumstances unrelated to vulnerability to coercion or blackmail. Adverse decision affirmed.


Drugs; Personal Conduct

01/12/2004

Applicant is a 50-year-old married man employed by a major defense and aerospace company as an assembler. Regular, although occasional (once to twice annually), marijuana use starting in 1969 and continuing until his arrest for possession of marijuana in December 1997 is simply too much for Applicant to overcome and meet his ultimate burden of persuasion. This is especially true given the record's silence on what affirmative steps, if any, Applicant has taken to dispel all doubt he will remain drug free. Clearance is denied.


Financial

01/12/2004

Thirty-year old Applicant's history of not meeting his court-mandated financial obligations, totaling about $8,498.00, accompanied by his declaration that he had no intention to pay off those debts because he believed he was stuck with them by the court as a result of his divorce in March 1999, raises grave questions and doubts as to his security eligibility and suitability. Clearance is denied.


Financial

01/12/2004

The Board cannot and will not act on Applicant's offer to supply additional information for consideration in his case because the Board cannot consider new evidence on appeal. Board will not review the Administrative Judge's findings of fact because Applicant does not challenge them on appeal. Given the Judge's findings of fact about Applicant's history of financial difficulties, the Judge gave a reasonable explanation for why he concluded Applicant's history of financial difficulties was not extenuated or mitigated under Guideline F. Adverse decision affirmed.


Financial

01/12/2004

Applicant incurred several debts when his wife ran up credit card expenses while he was deployed at sea with the U.S. Navy. His subsequent separation and divorce, and the initial support payments of $28,000 a year, put Applicant further in debt. He has paid off most of the delinquent debts, had his support obligations reduced to $14,000 a year, and made good-faith efforts to resolve the others. Applicant sufficiently mitigated the financial considerations security concerns. Clearance is granted.


Criminal Conduct

01/9/2004

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


Personal Conduct

01/09/2004

The record fails to establish Applicant's untrustworthiness based on his termination by a former employer. Applicant disclosed that he had been "fired" on his security clearance application. He was terminated for violating company policy by using a software program that allegedly made the company's firewall vulnerable. However, the record fails to show that he knew or should have known that the software he used was prohibited or that it actually threatened his company's firewall. Under these circumstances, a single rule violation on the part of Applicant does not establish a disqualifying condition under Guideline E. Clearance is granted.


Foreign Preference; Foreign Influence

01/09/2004

Applicant has a brother and three sisters who are citizens and residents of Iran. After becoming a U.S. citizen and obtaining a U.S. passport, Applicant traveled to Iran on an Iranian passport to attend his mother's funeral in 1991, and to visit his then living father and siblings in 1995. He renewed his expired Iranian passport in 2001 so he could visit his ill father. He never made the trip and returned the passport to the Iranian government. Applicant failed to sufficiently mitigate foreign preference and foreign influence security concerns. Security clearance is denied.


Financial

01/09/2004

This 55-year-old engineer filed for bankruptcy protection on three occasions, in 1981, 1993, and 1999. All three bankruptcies resulted from the failure of a business, the breakup of his marriage - ending in divorce, and tax debts related to the divorce and not previously resolved. There is no evidence of extravagant living. Applicant is currently remarried, has a sizable and stable family income, steady and well-paying employment, and no delinquent debts. There is minimal risk of the recurrence of financial problems. Mitigation has been shown. Clearance is granted.


Sexual Behavior; Personal Conduct

01/08/2004

On the night of December 31, 2000, through January 1, 2001, the Applicant spent more than four hours on pornographic/sexually explicit computer sites on his employer's computer. As a result, his employment was terminated for theft of time and computer abuse. The Applicant is reluctant to admit to the vast majority to his family the reason for his termination. This hiding of his sexual behavior makes the Applicant "vulnerable to coercion, exploitation, or duress," and "susceptible to blackmail." Guidelines D and E are found against the Applicant. Clearance is denied.


Foreign Preference; Foreign Influence

01/08/2004

Applicant's exercise of dual citizenship, includes voting in Mexican elections and transporting a foreign dignitary. His many foreign contacts, including his wife, two children, a step-child, mother, three sisters, a brother and parents-in-law all of whom are citizens of Mexico and reside in Mexico, could create the potential for coercion or exploitation by a foreign government. This could result in the compromise of classified information. Mitigation has not been shown. Clearance is denied.


Foreign Influence

01/08/2004

Applicant has a sister, brother-in-law, and sister-in-law in Syria and Lebanon, respectively. These relatives have financial interests or immigration intentions to the United States which make them vulnerable to coercion, exploitation, or pressure from these governments. Applicant did not mitigate the national security concerns. Clearance is denied.


Alcohol

01/08/2004

Applicant was convicted of driving an automobile while under the influence of alcohol on four occasions between April 1990 and May 2001. He attended alcohol abuse programs following the first three, failed to attend a court-directed program after the last arrest, and has now volunteered to participate in a university-sponsored research project designed to see if the addition of medication will aid in preventing a relapse to drinking. He has never attended Alcoholics Anonymous meetings, although he does believe he was an alcoholic in the past. Applicant has failed to mitigate the security concerns that arise from his alcohol consumption. Clearance is denied.


Criminal Conduct

01/08/2004

This 48-year-old systems programmer was arrested and convicted of possession of heroin for sale in 1975 and again in 1976, when he was 20 and 21 years old. He was sentenced to more than one year imprisonment on the second matter, and for violation of probation on the first matter. He has not had any criminal problems for the last 27 years, has led a productive personal and family life, and has a solid work history, including possession of a DoD Security Clearance since 1992, with no problems. Adequate mitigation has been established under Criminal Conduct Guideline J. However, as to SOR 1.c., which cites 10 U.S.C. 986, Applicant's two convictions and sentences (SOR 1.a. and 1.b.) preclude me from granting or renewing his security clearance. Clearance is denied.


Foreign Preference; Foreign Influence

01/08/2004

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


Foreign Influence; Foreign Preference

01/08/2004

Applicant, a native of the Republic of China (Taiwan), became a United States (U.S.) Naturalized citizen in 1987. In 1996, she acquired a Taiwanese passport, primarily to prove her identity in Taiwan in connection with the sale of an apartment purchased by her parents in her name in 1977. She traveled to Taiwan in 1997 and 1999 on that foreign passport. Since learning the use of the foreign passport was inappropriate, she used her U.S. passport exclusively. Concerns of foreign preference are mitigated by her recent surrender of her expired foreign passport and her application to renounce Taiwanese citizenship. There is little risk of foreign influence presented by the Taiwanese citizenship and/or residency of close family members as they are neither agents of a foreign government nor in positions where they are likely to be exploited. Clearance is granted.


Financial

01/08/2004

Applicant's financial indebtedness, brought on by a divorce and medical expenses related to a child's bipolar disorder, have been mitigated by a good faith effort to satisfy his debts and a systematic method of payment. The Applicant also indicates a credible intention to pay all of his debts as soon as possible. Clearance is granted.


Mental

01/08/2004

Thirty-year-old Applicant's 1997 hospitalization for a manic episode, eventually diagnosed as bipolar disorder, a condition that may indicate a defect in judgment, reliability, or stability, and his continuing treatment with a psychologist and psychiatrist for therapy and medication supervision to manage his bipolar symptoms, has satisfied all questions and doubts as to his security eligibility and suitability. The personality disorder is under control or in remission, and has a low probability of recurrence or exacerbation if he continues to follow medical advice relating to treatment of the condition. Clearance is granted.


Foreign Influence

01/08/2004

An appealing party must raise issues on appeal with sufficient specificity to enable the Board to properly evaluate the merits of a claim of error. Applicant has failed to demonstrate that the Administrative Judge misapplied Foreign Influence Mitigating Conditions 1 and 3. A decision by a Hearing Office Judge in another case is not legally binding precedent on the Judge's colleagues in other cases, and it is not legally binding precedent on the Board in any case. Adverse decision affirmed.


Financial

01/08/2004

The Applicant filed for Chapter 7 bankruptcy protection in 1983 and 2000. The Applicant's financial difficulties were primarily due to the medical conditions of his children. In 1983 the Applicant unsuccessfully attempted to discharge student loans. The loans were successfully discharged in 2000. The Applicant has a prudent financial plan which he is following to avoid any recurrence of financial difficulty. Adverse inference is overcome. Clearance is granted.


Financial; Personal Conduct

01/08/2004

Board cannot consider new evidence on appeal. Nothing in Executive Order 10865, the Directive or general principles of federal administrative law gives the parties a right to supplement the record evidence continuously. Under the Directive, there is no authority to grant a conditional or probationary security clearance. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

01/07/2004

Applicant has an extensive history of financial delinquencies. She has failed to make any effort to resolve her many debts, and had not made a single payment on any of them as of the date of the hearing. She also failed to disclose her delinquent accounts in the Public Trust Position Application (SF 85P) she submitted on November 9, 2001. Applicant has failed to mitigate the security concerns caused by her financial irresponsibility, personal conduct, and the related criminal conduct that arises from the falsification of the SF 85P. Trustworthiness determination is denied.


Foreign Influence

01/07/2004

There is no general requirement for an Administrative Judge to discuss each and every piece of record evidence. The Board does not have to agree with the Judge's reasoning or analysis in this case to conclude that Department Counsel has failed to make a persuasive argument that the Judge impermissibly shifted the burden of persuasion away from Applicant. Because of the limits of the Board's authority under the Directive and because there is no presumption of error below, (a) a Judge's unchallenged findings and conclusions will be allowed to stand, and (b) a Judge's challenged findings and conclusions will be allowed to stand if the appealing party fails to demonstrate error below. Favorable decision affirmed.


Alcohol; Personal Conduct

01/07/2004

Applicant's alcohol abuse has resulted in at least three alcohol-related incidents, the first taking place in 1995 and the last in 2001. Applicant continues to consume alcohol to the point of intoxication. Evidence of Applicant's alcohol rehabilitation is not sufficient to mitigate his alcohol related history. Additionally, in a signed, sworn 2002 Security Clearance Application (SCA) supplied to the Government, Applicant failed to disclose his alcohol related arrest and conviction in 2001. Clearance is denied.


Criminal Conduct; Personal Conduct

01/07/2004

Applicant was convicted of theft in 1997, sentenced to imprisonment in a penitentiary for two years (suspended) and placed on four years probation. He successfully completed all conditions of his sentence and was released from probation on November 13, 2001. He failed to disclose the repossession of an automobile in a Security Clearance Application (SF 86) he submitted on August 6, 2001, but credibly explained he believed the repossession had occurred more than seven years prior to the submission of the SF 86. Applicant has mitigated the security concern caused by his personal conduct, but 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. I do recommend further consideration of this case for a waiver.


Financial; Personal Conduct

01/07/2004

The Administrative Judge was not required to accept Applicant's explanation about why he failed to disclose several delinquent debts when he completed a security clearance application in March 2001. Considering the record as a whole, the Judge's decision to reject Applicant's explanation was legally permissible and sustainable. Given the Judge's findings about Applicant's long history of financial difficulties, the Judge's adverse conclusions under Guideline F are not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Alcohol; Personal Conduct

01/05/2004

Applicant, a 42-year-old employee of a government contractor doing tunneling work used alcohol to excess on several occasions and had six alcohol related offenses five of them over ten years old. He has since been in the care of a physician and in an alcohol rehabilitation program. He has had no offenses in the past two years. He failed to report on his Security Clearance Application (SF 86) five of the six offenses believing that only those within the last ten years were required to be reported. He reported all of them to the security investigator. Clearance is granted.


Foreign Influence

01/02/2004

Applicant, his wife, and oldest child were born in Turkey but came to the U.S. so Applicant could pursue graduate studies. Applicant has lived and worked in the U.S. since 1982, except for two years when he returned to Turkey to fulfill the obligations of his Fulbright scholarship. Applicant's two other children were born in the U.S., and Applicant, his wife, and oldest child have become U.S. citizens. Applicant has mitigated the foreign influence security concerns resulting from his family and associates who are citizens and residents of Turkey. Clearance is granted.


Foreign Influence; Financial

01/02/2004

Applicant is a naturalized U.S. citizen whose parents and siblings are Pakistani citizens. Her parents and one of her siblings still reside there. Applicant also had delinquent debts. Although she has made substantial progress in paying these debts off, the status of several of the debts remains unclear. Clearance is denied.


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