Small DOHA Seal

2006 Industrial Security Clearance Decisions

 

These 1,574 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

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

Foreign Influence

12/29/2006

Applicant failed to mitigate Guideline B security concerns related to his fiancee and his eleven-year-old daughter, both of whom are citizens and residents of the Russian Federation. Clearance is denied.


Criminal Conduct; Personal Conduct

12/29/2006

Applicant was arrested twice for domestic violence. In completing his security clearance application, he denied having been arrested in the previous seven years. He failed to mitigate criminal and personal conduct security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

12/29/2006

Applicant is a 30-year-old naturalized U.S. citizen who was born in Brazil. He resides in the U.S. and maintains dual citizenship with Brazil. His mother, sister, aunt and two children also reside in the U.S. and hold dual citizenship. Since 2001, he has traveled to Brazil several times on his Brazilian passport to visit family and friends living there. He does not intend to renounce his Brazilian citizenship. He mitigated the foreign influence security concerns but did not mitigate those raised by foreign preference. Clearance is denied.


Foreign Preference; Foreign Influence

12/29/2006

The Applicant has surrendered his Nigerian passport to the proper authorities and it has been cancelled. He has also renounced his Nigerian citizenship. His foreign ties pose no security risk. Clearance is granted.


Financial; Personal Conduct

12/29/2006

In May 1998, Applicant filed for Chapter 7 bankruptcy after incurring too much credit card debt. Her debts were discharged in August 1998. She continues to have financial problems. She has five delinquent debts totaling approximately $11,738. She is unable to pay her debts since her household expenses operate at a $434 deficit each month. She failed to list her delinquent accounts on her trustworthiness application. She has failed to mitigate the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for a assignment to a sensitive position is denied.


Financial; Personal Conduct

12/29/2006

Fifty-one-year-old Applicant had eleven alleged delinquent debts listed on her statement of reasons (SOR). One debt was not substantiated. The ten remaining delinquent SOR debts totaled $13,936. The SOR debts became delinquent between 1999 and 2006. She did not attempt to pay, settle, or pay any of her them. She falsely answered two questions on her Security Clearance Application concerning delinquent debts because she was embarrassed about her financial circumstances. She has not mitigated concerns about financial considerations and personal conduct. Clearance is denied.


Financial; Personal Conduct

12/29/2006

Applicant is a 41-year-old employee of a federal contractor. She had six unpaid debts and she incorrectly answered one question which she did not understand on a public trust questionnaire. She went through a separation and divorce, she was unemployed for a period, her husband had accumulated debts in her name, and she was raising three young children. She has reduced her total indebtedness by 75% in the past two years. She answered the question as best she understood it. Using the "whole person" concept, she successfully mitigated the security concerns under Guideline F (financial considerations) and Guideline E.(personal conduct). Applicant's eligibility for assignment to a sensitive position is granted.


Financial

12/29/2006

Applicant is 57 years old and works for a company that administers health benefits for the federal government. Over the last 16 years, she experienced some financial difficulties and accumulated a significant amount of delinquent debt that she discharged through a Chapter 7 bankruptcy in 1991 and in 2001. Currently, she is managing her finances and resolving a few delinquent bills. She mitigated the trustworthiness concerns raised by her financial problems. Her eligibility for assignment to a sensitive position is granted.


Financial

12/29/2006

Applicant is 54 years old and works for a company that administers health benefits for the federal government. For the past 15 years she has experienced financial difficulties and accumulated a significant amount of delinquent debt. To-date she has not resolved any of it. She failed to mitigate the trustworthiness concerns raised by her financial problems. Her eligibility for assignment to a sensitive position is denied.


Drugs; Personal Conduct

12/29/2006

Applicant is a 25-year-old insurance specialist employed by a federal contractor. She used marijuana two times a year, at least once after she had signed a Public Trust Position Application, and was convicted in August 2005 of possession of marijuana. Since August 2005, she has not used marijuana. She gave a false answer to one question on her trustworthiness questionnaire. She provided no mitigating evidence to DOHA. She failed to mitigate the security concerns under Guideline H (drug involvement) and Guideline E (personal conduct). Applicant's eligibility for assignment to a sensitive position is denied.


Financial

12/29/2006

Applicant has delinquent debt of more than $33,000. He and his wife attempted to maintain their lifestyle after she was laid off from her $120,000-a-year job, he eventually lost his job, and his wife charged their accounts for loans and services provided to her sister's business. Eligibility is denied.


Financial

12/29/2006

Applicant has about $50,000 in delinquent debt on four accounts. She failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the concerns under Guideline F for financial considerations. Eligibility is denied.


Financial

12/29/2006

Applicant is responsible for three financial delinquencies: a collection account, a judgment, and a tax lien, which total approximately $11,400. These debts are several years old. Applicant has not paid these debts, and she has no plans in place to pay them. Applicant failed to mitigate Guideline F security concerns. Clearance is denied.


Financial

12/29/2006

Applicant is a 41-year-old chief chef for a maritime ship. He experienced financial difficulty when he and his girlfriend broke up and he was required to pay all of the monthly expenses instead of sharing them. He got behind in credit card payments and was underemployed for a period of time which exacerbated the situation. Applicant initiated repayment plans on several debts and despite having his pay reduced, because he was unable to work for eight months due to an injury, he continued to make the payments. As certain debts get paid off he intends to initiate repayment on others. Applicant has successfully mitigated the security concerns under Guideline F, financial considerations. Clearance is granted.


Alcohol; Drugs; Criminal Conduct

12/29/2006

Applicant is 22 years old and works for a company that administers government health care benefits. From approximately 2000 until 2005, he consumed alcohol on numerous occasions to the point of intoxication and smoked marijuana, resulting in ten arrests for related criminal behavior. He participated in two substance abuse programs and was diagnosed as alcohol dependent and for cannabis abuse. He mitigated the trustworthiness concerns raised by his alcohol consumption, drug involvement and criminal conduct. His eligibility for assignment to a sensitive position is granted.


Criminal Conduct; Personal Conduct; Alcohol

12/29/2006

Applicant is a 22-year-old imaging specialist employed by a federal contractor. In the past four years, she has been charged with battery, disorderly conduct, fraud on an innkeeper, bail jumping, and three separate charges related to underage drinking. She provided no evidence with her answer to the SOR and she did not respond to the FORM. She failed to mitigate security concerns under Guideline J (criminal conduct), Guideline E (personal conduct), and Guideline G (alcohol consumption). Applicant's eligibility for assignment to a sensitive position is denied.


Criminal Conduct; Sexual Behavior; Personal Conduct

12/29/2006

Applicant, a married man, engaged in sexual relations with prostitutes four or five times during 2001-2004. The last incident in July 2004 resulted in Applicant being charged with three misdemeanor offenses, and he pleaded guilty to a solicitation offense. His sentence included a fine, court costs, and unsupervised probation for two years, which he completed in September 2006. He disclosed his misbehavior to his wife and they worked through the various marital issues. Applicant presented sufficient evidence to explain, extenuate, or mitigate the criminal conduct, sexual behavior, and personal conduct security concerns. Clearance is granted.


Financial

12/29/2006

Twenty-nine-year-old Applicant had five alleged debts listed in the statement of reasons (SOR). The delinquent debts totaled $26,510. She and her husband had $15,000 in their savings account, but did not pay, settle, or otherwise resolve any of the five SOR debts. She has not mitigated concerns about financial considerations. Eligibility for an ADP I/II/III position is denied.


Drugs

12/29/2006

Applicant is 35 years old with a fiancee and a child. He works for a defense contractor in the computer software business field. Applicant smoked and purchased marijuana from 1989 to 2006, two days before his interview with a Government investigator. Applicant claims he stopped smoking marijuana through his own will power. Applicant did not mitigate the drug involvement security concern. He is precluded from receiving a security clearance under 10 U.S.C. § 986 (c) (2). Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct

12/29/2006

Applicant has a history of recent criminal conduct and recent illegal drug involvement. As a result of her crimes, she is on probation until February 2007. She did not fully reveal her use of illegal drugs when asked to do so on an official questionnaire, and her explanation for her omission is not worthy of belief. Eligibility is denied.


Financial

12/29/2006

Applicant is 53 years old and has worked as an appointment scheduler for a federal contractor since 2000. Prior to 2000, she experienced some underemployed and unemployed. She has tax liens from the 1990s she still owes and many other delinquent debts that she has not made a good faith effort to repay. She failed to mitigate the trustworthiness concerns regarding her finances. Applicant's eligibility for assignment to sensitive duties is denied.


Criminal Conduct; Personal Conduct; Financial

12/29/2006

Applicant is 52 years old and employed as a painter by a defense contractor for about four years. He has delinquent debt totaling approximately $61,000. He also deliberately falsified material facts on several questions on his security clearance application. He has a history of criminal activity, which includes approximately 10 arrests. He has also been incarcerated, and on two separate occasions, he served more than one year in jail. Applicant is disqualified from holding a security clearance based on his incarcerations for more than a year in 1985 and 1990. I do not recommend a security clearance for Applicant. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

12/29/2006

After her husband left her as the sole support for their three children, Applicant was unable to pay her bills and accumulated substantial delinquent debt. She has paid all her delinquent debts, except for some student loans for which she has established a payment plan. Eligibility for an ADP I/II/III position is granted.


Financial; Personal Conduct; Alcohol

12/29/2006

Applicant is a 55-year-old machinist who has worked for a federal contractor since 2004. He has numerous delinquent debts that when he became aware of them he did not take action to repay or to resolve them. He was diagnosed as alcohol dependant in 2005, told to abstain from drinking alcohol, but has continued to do so. He provided sufficient corroborated evidence that he did not intentionally falsify his security clearance application. Applicant has mitigated the security concerns under Guideline E for personal conduct. He failed to mitigate the security concerns under Guideline F for financial considerations and Guideline G for alcohol consumption. Clearance is denied.


Drugs

12/29/2006

Applicant was unable to overcome security concerns raised by his 20-year admitted use of marijuana. Clearance is denied.


Financial

12/29/2006

Applicant's financial indebtedness has not been resolved. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

12/29/2006

Applicant failed to mitigate financial security concerns relating to 29 delinquent debts totaling nearly $12,000 dating from 1999. Although he had entered a debt consolidation plan the report submitted by Applicant showed his monthly expenses exceeded his income even without payment on his plan. He also failed to mitigate personal conduct and criminal conduct allegations for failure to report the debts on his SF 86. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

12/29/2006

Security concerns persist over Applicant's alcohol issues and personal conduct. While he has finally decided to abstain from alcohol, he delayed making that decision until after he had a serious medical diagnosis in June 2006. He has a diagnosis of alcohol abuse, and he has not met the mitigation guideline as he has no favorable prognosis nor twelve months of abstinence. He failed to disclose the full extent of his alcohol issues and treatment on his 2004 security form. While he has two misdemeanor arrests in 1998 and 2001, he has no recent incidents in the past five years and has mitigated concerns over his past criminal conduct. Clearance is denied.


Financial; Personal Conduct

12/29/2006

Applicant's financial problems over the last 11 years have been very serious. The record reflects that on repeated occasions, her efforts to repay her debts on a regular basis have been stymied by a variety of problems. Her child support problems still plague her today. The father of her oldest child was imprisoned for three months for failure to pay child support, and still is more than $5,000.00 in arrears. In 1999, her mother became ill and Applicant has had to provide considerable monetary support for her since then. Applicant had taken several good-faith steps to pay some of the listed creditors in early 2006 when her mother died in April 2006. By the totality of the evidence, Applicant mitigates the security concerns raised by the financial guideline. However, her deliberate omission of financial information from two public trust questionnaires has not been mitigated by her favorable character evidence. Eligibility for assignment to a sensitive/trustworthiness position is denied.


Personal Conduct; Criminal Conduct; Drugs

12/29/2006

Personal conduct, criminal conduct, and drug involvement concerns were raised pertaining to Applicant's failure to list three marijuana possession charges which occurred in the early 1990s. In May 2001, he was terminated for refusal to submit to a random urinalysis test. I find credible his explanation that his failure to take the random urinalysis test was the result of receiving an emergency phone call from his wife indicating that his son was in a serious accident. His failure to list his three drug-related charges from the early 1990s was not deliberate. He misunderstood the question and thought he only had to go back seven years. He has not used illegal drugs in over 13 years. Applicant mitigated the security concerns raised under Guidelines E, J, and G. Clearance is granted.


Financial

12/29/2006

Applicant is a 36-year-old electrician employed by a defense contractor. He has a long history of financial problems, including accounts charged off and past due, and several judgments entered against him between 1997 and 2000, all of which remain unsatisfied. He provided no evidence either with his answer to the Statement of Reasons (SOR) or in response to the file of relevant material (FORM.) He failed to mitigate the security concerns under Guideline F (financial considerations.) Clearance is denied.


Financial; Personal Conduct

12/29/2006

Applicant is 30 years old, unmarried, and works for a defense contractor in the health care business. Applicant had four delinquent debts he paid by settlement or in full. Applicant did not falsify his trustworthiness application on prior arrests in the past seven years. Applicant mitigated the financial considerations and personal conduct trustworthiness concerns. Eligibility for assignment to sensitive positions is granted.


Personal Conduct; Financial; Criminal Conduct

12/29/2006

Applicant is a 57- year- old supply technician and site administrator for a defense contractor. He gave false answers to four questions on a security clearance application. The State Department denied him access to Sensitive Compartmented Information. He has been financially irresponsible, and he has willfully failed to file federal income tax returns for 1986-1988, 2004, and 2005. He failed to mitigate the security concerns under Guideline E (personal conduct), Guideline F (financial considerations), and Guideline J (criminal conduct). Clearance is denied.


Foreign Influence

12/29/2006

Applicant is not potentially subject to foreign influence through her parents-in-law, who are citizens and residents of the People's Republic of China (PRC), or her parents, who are citizens of the PRC, but legal permanent residents of the U.S. She demonstrated that none of them are foreign agents or otherwise so situated as to present a pressure point on Applicant. Clearance granted.


Financial; Criminal Conduct; Personal Conduct

12/29/2006

Applicant is a 50-year-old software configuration manager and has worked for a federal contractor for more than five years. He failed to file and pay his taxes for 3 to 4 years in the 1980s and again from 1995 to 2004. He found the event to be distasteful so he avoided it. When his security clearance became an issue he contacted a tax attorney to resolve his past tax issues. Applicant failed to mitigate the security concerns regarding Guideline F, financial considerations, Guideline J, criminal conduct and Guideline E, personal conduct. Clearance is denied.


Foreign Influence

12/29/2006

Applicant's wife is a citizen of the Russian Federation and resides with him in the U.S. Applicant's father-in-law, mother-in-law, and sister-in-law are citizens and residents of the Russian Federation. Applicant owns a U.S. company that contracts with a company in Romania for software services. Applicant's company is the Romanian company's sole customer, and he transfers approximately $3,000 electronically to the Romanian company's bank each month for its services. Applicant failed to mitigate Guideline B security concerns. Clearance is denied.


Financial; Personal Conduct

12/29/2006

The Applicant has not mitigated the security significance of his past due indebtedness. In addition, he falsified a security clearance application in 2004 concerning his financial circumstances, as well as an alcohol related arrest. It is not clearly consistent with the national interest to grant the Applicant a security clearance. Clearance is denied.


Financial; Personal Conduct

12/29/2006

Forty-four-year-old Applicant had one alleged delinquent debt listed on his statement of reasons (SOR). The debt was satisfied through foreclosure and repossession of Applicant's residence in 2001 because no supplemental proceeding establishing the amount of the debt was filed within six months of delivery of the sheriff's deed as required under Pennsylvania law. He falsely answered two questions on his security clearance application concerning the repossession and civil court action involving his residence because he was embarrassed about his financial difficulties. He mitigated security concerns about financial considerations, but not about personal conduct. Clearance is denied.


Criminal Conduct, Personal Conduct, Alcohol

12/29/2006

Applicant's mitigated security concerns over his criminal conduct, personal conduct and alcohol issues. At each stage of the investigation from 1996 to 2005, Applicant established he had no intent to falsify: in three different security forms he repeatedly complied with his duty to disclose adverse information on his arrest record and also provided substantial adverse details in his 1998 statement. While he has multiple misdemeanor arrests from 1988 to 2004, he has no recent incidents in the past three years and has fully complied with all court-ordered alcohol education and probation requirements after his alcohol-related arrests. Clearance is granted.


Alcohol

12/29/2006

Applicant is 46 years old and has worked as a machinist for a defense contractor for over 23 years. He held a security clearance for most of this time. In those 23 years, he had six driving while intoxicated offenses, one drunk in public offense, and one leaving the scene of an accident offense where he had been drinking alcohol before the accident. He attended and completed three alcohol treatment programs and was diagnosed as a problem drinker and alcohol dependent. He drank alcohol after each of the treatments and diagnosis. The last alcohol-related incident was in January 2004. He regularly attends Alcoholics Anonymous. He did not include all of his alcohol-related criminal conduct on his security clearance application. He has not mitigate security concerns for alcohol consumption, criminal conduct, or personal conduct. Clearance is denied.


Drugs; Sexual Behavior; Criminal Conduct; Personal Conduct

12/29/2006

Applicant's deliberate falsification of his clearance application renders him an unsuitable candidate for a security clearance. Record did not support disqualification under drug involvement, sexual behavior, or criminal conduct. Clearance denied.


Alcohol

12/29/2006

Applicant has mitigated security concerns over his two alcohol-related arrests and problem drinking as he provided evidence that he has reformed his conduct and curtailed his drinking and has had no incidents since August 2004. He completed the alcohol education program and now has made a decision never to drink to excess. His managers all endorse him for a security clearance as he has demonstrated excellent performance on the job without any evidence of recurrence of an alcohol problem since 2004. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

12/29/2006

Applicant has a history of illegal involvement with drugs. From approximately June 1976 to at least April 2002, he used marijuana. In June and August of 2004, while holding an active security clearance, he possessed, transported, and distributed marijuana. Applicant deliberately failed to list his April 2002 marijuana use on a security clearance application he signed on September 25, 2002, and he deliberately failed to report his 2002 marijuana use in a signed, sworn statement he provided to an authorized investigator of the Defense Security Service on January 16, 2003. Applicant again deliberately failed to report his 2002 use of marijuana and his possession, transportation, and distribution of marijuana on a security clearance he executed in August 2004. Clearance is denied.


Financial; Personal Conduct

12/29/2006

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


Personal Conduct; Sexual Behavior; Information Technology

12/29/2006

Applicant's demonstrated sexual behavior and poor judgement disqualify him for a security clearance. Clearance denied.


Alcohol; Personal Conduct

12/29/2006

Applicant is a 36-year-old draftsman who has worked for a federal contractor for two years. He has five alcohol related arrests and convictions beginning in 1988 through 2002. He continues to consume alcohol and has made behavior changes in his life. He only listed one of his convictions on his security clearance application. He deliberately falsified his security clearance application. Applicant failed to mitigate the security concerns raised under Guidelines G, alcohol consumption, and Guideline E, personal conduct. Clearance is denied.


Criminal Conduct

12/29/2006

Applicant's dismissal from the Army under dishonorable conditions after a 1973 drug conviction disqualifies him from security clearance consideration under 10 U.S.C. § 986. Notwithstanding the applicability of 10 U.S.C. § 986, Applicant failed to mitigate the underlying criminal conduct security concerns generated by the conviction and a later drug arrest in 1988. Clearance is denied.


Criminal Conduct; Financial

12/29/2006

Applicant's financial problems continue to raise security concerns because of her failure to resolve all her debts to several remaining creditors. While she resolved some of her larger debts through re-financing her home, she failed to explain her plan to resolve the remainder of the debts even though she has other assets. Applicant provided no evidence she sought financial counseling or planned to file for bankruptcy to resolve her persistent debts. On the other hand, she attested she has sought medical help for her bipolar condition which led to her criminal misconduct. Thus, Applicant mitigated security concerns over her misdemeanor criminal conduct as she has established clear evidence of rehabilitation and has not had any additional arrests since the last shoplifting incident in March 2003. Clearance is denied.


Personal Conduct; Drugs; Financial; Criminal Conduct

12/29/2006

Applicant abused marijuana from about 1972 to 2000 and was arrested several times for illegal possession, most recently in May 2000. He has been abstinent since completing a drug and alcohol education program, but was not candid about his illegal drug arrests or the extent of his abuse when he completed his security clearance application. Applicant also has unresolved delinquent debt that was incurred in part due to his drug abuse. Clearance is denied.


Criminal Conduct; Personal Conduct

12/29/2006

Applicant did not timely file federal income tax returns for tax years 1993 through 2001 or state returns for tax years 1993 through 2002. He started addressing his federal tax issues after a tax lien was filed against him in June 2002, but he took no action to file his delinquent state returns until June 2006. His belated efforts at rectification are not sufficient to overcome ten years of knowing disregard of his tax filing obligation. Clearance is denied.


Foreign Influence, Personal Conduct; Criminal Conduct

12/29/2006

The government's evidence did not establish that Applicant had immediate family members living in Russia. Alternatively, Applicant demonstrated that those family members were not agents of a foreign government or so situated as to provide a point of influence on Applicant. However, Applicant's deliberate falsification of clearance applications in January 1987, February 2001, and June 2003, makes him unsuitable for a security clearance. Clearance denied.


Foreign Influence; Personal Conduct; Criminal Conduct

12/29/2006

Applicant is a divorced 41-year-old senior systems engineer employed by a federal contractor. He conducted intimate relationships with three foreign nationals. He properly reported one, failed to report the second, and did not report the third until the relationship was concluding. He conducted an intimate relationship with his supervisor. He held a security clearance since 1984. He falsely answered one question on a security clearance application in 2001. He successfully mitigated the security concerns under Guideline B (Foreign Influence) and Guideline J (Criminal Conduct). He failed to mitigate the lack of judgement and security concerns under Guideline E (Personal Conduct). Clearance is denied.


Security Violations; Criminal Conduct; Foreign Influence; Financial; Personal Conduct

12/29/2006

The Applicant's history of security violations that occurred between 1997 to August 8, 2000, resulting in a criminal prosecution and conviction for violation of Title 18, United States Code, Section 1924(a), coupled with his significant foreign family ties, and poor personal conduct, has not bee mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

12/28/2006

Applicant's background investigation revealed eight delinquent debts with a total approximate balance of $22,050. In 2005, she made a $97,000 profit from the sale of her home. She made no attempts to resolve her delinquent accounts with this money although she expressed her intentions to do so during her background investigation. She failed to mitigate the trustworthiness concerns raised under financial considerations. Applicant's eligibility for a assignment to a sensitive position is denied.


Criminal Conduct; Financial; Personal Conduct

12/28/2006

Applicant has a history of financial delinquencies and unwillingness to pay his debts. He has two unpaid federal tax liens, one unpaid state tax lien, and one credit card bad debt, which he says he will not pay. From 1993 to 2003, Applicant failed to pay his state taxes. He did not pay his federal taxes for at least the years 1998 through 2003. While self-employed, he willfully failed to report income to federal and state taxing authorities. He deliberately failed to provide truthful answers to Questions 36, 38, and 39 on his security clearance application. He failed to mitigate Guideline J, F, and E security concerns. Clearance is denied.


Financial; Personal Conduct

12/28/2006

Applicant is 32 years old and works for a contractor that manages health care benefits for the federal government. Over the last five years she accumulated a significant amount of delinquent debt, which remains unpaid or unresolved. When she completed her SF-85P, she did not disclose the debt. She mitigated the trustworthiness concerns raised by her personal conduct, but did not mitigate those raised by her financial problems. Her eligibility for assignment to a sensitive position is denied.


Financial; Personal Conduct

12/28/2006

Thirty-eight-year-old Applicant had nine alleged debts listed in the statement of reasons (SOR). One debt was a duplication. She paid four small SOR debts on December 1, 2006. The remaining four debts were past the statute of limitations, and two of the four debts were primarily the responsibility of her husband. She currently has no legally enforceable, delinquent debts. Her mortgage and car payments and other debts have been under control for the last three years. She is going to receive or has been receiving financial counseling. She misunderstood the Questionnaire for Public Trust Positions question concerning delinquent debts. She has mitigated concerns about financial considerations and personal conduct. Eligibility for an ADP I/II/III position is granted.


Financial

12/28/2006

Applicant is 62 years old and has worked as a semiskilled laborer for a defense contractor since June 2005. He owes approximately $14,057 on seven different delinquent accounts. Approximately $2,895 of the debt represents medical bills for a hospital stay without surgery, which was followed by another hospital stay that included surgery. He denies responsibility for a $950 telephone bill. A bill that once totaled approximately $3,000 was sold to a collection agency and is now $10,212. Applicant has mitigated the financial considerations security concerns. Clearance is denied.


Foreign Preference; Foreign Influence

12/28/2006

Applicant, a 45-year-old welder, was born in Colombia. He became a naturalized citizen in 2002. His son, who is about to serve in the Marines, was born in Colombia, but brought to the U.S. by Applicant. His mother, a citizen of Colombia, has permanent residency in the U.S. and has lived with Applicant for more than 10 years. He is assisting his brother in Colombia to live in the U.S. and anticipates bringing his sister and her family from Colombia to the U.S. Applicant mitigated the security concerns related to possible foreign preference and foreign influence. Clearance is granted.


Criminal Conduct; Alcohol; Personal Conduct

12/28/2006

Applicant is a 45-year-old mechanic who has been employed by a contractor since July 1980. He has a lengthy history of criminal activity, most of which is related to problems with alcohol. Between 1981 and 2001, he had at least five convictions for driving under the influence, which included court-ordered attendance at the alcohol safety action program each time. After the 2001 incident, Applicant decided to stop drinking and has been sober. He did not deliberately falsify a material fact in a question on his security clearance application. Applicant has mitigated the criminal conduct, alcohol consumption, and personal conduct security concerns. Clearance is granted.


Alcohol

12/28/2006

Applicant is 55 years old and has worked for a federal contractor for approximately 36 years. He had three alcohol-related incidents from 1980 to 1998. He is an alcoholic and voluntarily discontinued his treatment in May 2006, and resumed drinking. Resolving his alcohol problem is taking a "back burner" to being the property manager for rental property he owns. Applicant failed to mitigate the security concerns regarding Guideline G, alcohol consumption. Clearance is denied.


Financial; Personal Conduct

12/28/2006

Applicant is a 74-year-old supply clerk for a defense contractor. He has a history of financial problems. He filed a Chapter 13 bankruptcy petition in 1996, and was discharged in 2000. In 1999, he commenced accumulating delinquent debts, some of which still remain unpaid. He has nearly $25,000 in state and federal income tax liens, he has a $14,000 child support arrearage, yet his financial statement shows a monthly surplus of about $1,500. He falsified four questions on a security clearance application involving his financial situation. He failed to mitigate the security concerns under Guideline F (financial considerations) and Guideline E (personal conduct.) Clearance is denied.


Drugs; Personal Conduct

12/28/2006

Applicant is 48 years old and the president of a company that contracts with the federal government. As a young man he used marijuana, but has not used it for many years and does not intend to in the future. He was arrested in 2005 while waiting to attend a rock concert. He was accused of possessing marijuana, but none was confiscated. He contested the charge and it was dismissed. He answered the questions on his security clearance application honestly. Applicant successfully mitigated the security concerns under Guideline H, drug involvement, and Guideline E, personal conduct. Clearance is granted.


Financial

12/28/2006

Applicant had debts discharged in bankruptcy in 1992 and 2002. In 2006, he filed a Chapter 13 wage earner's plan that his attorney has advised him to convert it to another Chapter 7 bankruptcy. Applicant failed to mitigate security concerns raised by his financial condition. Clearance is denied.


Financial

12/28/2006

Applicant is a 29-year-old analyst employed by a defense contractor since December 2003. She has a history of not meeting her financial obligations. She has 13 outstanding debts totaling approximately $12,565. She denies responsibility for these debts and states that they are either paid off or do not belong to her. Applicant is married and her combined family net monthly income is about $7,558. Her family's net remainder each month after expenses is about $2,875. Applicant has the means to pay off her accumulated delinquent debts. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Financial

12/28/2006

Applicant's wife's medical problems four years ago contributed, in part, to his financial difficulties and adversely impacted his ability to pay some overdue debts. However, his unpaid debts resulted more directly from his own financial mismanagement over the past ten years. Applicant claimed he paid or resolved several of his debts, but was unable to document his claims. In the past year, he has been late on his mortgage payments and has caused electronic payments to be made from his bank account without sufficient funds. Applicant failed to mitigate the security concerns about his delinquent debts. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

12/28/2006

Applicant failed to mitigate security concerns relating to delinquent debts and criminal conduct. He had seven debts of over $9,000 and only one of the four smallest totaling a little over $400 had been paid. He mitigated an Article 15 from 1976 because of the passage of time, but a DUI resulting in fines and loss of license in 2002 with subsequent arrest for driving without the license in 2003 were not mitigated. Failure to report the delinquent debts on his SF86 and allegation of criminal conduct under 18 U.S.C. 1001 for failure to do so were mitigated because of his confusion about the requirements. Clearance is denied.


Foreign Influence

12/28/2006

Applicant is a 44-year-old senior command and control employee of a federal contractor. His mother, two brothers and a sister are citizens and residents of the People's Republic of China (PRC.) Prior to immigrating to the United States, he worked for an urban planning institute controlled by the PRC government. He frequently traveled to the PRC until 2002, when the possibility of a security clearance developed. He failed to mitigate the security concerns under Guideline B (foreign influence.) Clearance is denied.


Criminal Conduct; Personal Conduct

12/28/2006

Applicant mitigated security concerns relating to criminal conduct since his five arrests were over 19 years with only three convictions the last being in 2001. He did not mitigate criminal conduct and personal conduct concerns for failing to report the arrests, two judgments, and two delinquent debts on his SF 86 filed in 2003. Clearance is denied.


Personal Conduct; Financial

12/28/2006

In 1996, Applicant falsified a resume and an employment application by inflating his credentials and work experience. In 1999, he provided false information in response to several questions on a security clearance application. His pattern of duplicity generated security concerns that he failed to mitigate. Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct

12/28/2006

Applicant's infrequent and irregular marijuana use during 1973-80 (including a 1977 arrest for possession), and again in 1996-97, and his 1986 DUI have been mitigated by time and subsequent abstinence. However, his 1986 beating, sexual assault, and rape of a coworker/former girlfriend, and his 1992 "attempted" child molestation of his eight year old stepdaughter because of an unfulfilled marriage and the need to have some "control," have not been mitigated despite his continuing therapy. According to his counselor, sexual deviancy is a lifelong issue that requires vigilant management. Applicant's actions especially after he had been granted a security clearance in 1984, reflect a high degree of questionable judgment and irresponsibility. Clearance is denied.


Foreign Influence

12/27/2006

Applicant is 49 years old and is a technical fellow who has worked for the same defense contractor since 1995. He and his wife are naturalized U.S. citizens. His mother, three siblings, and mother-in-law remain residents and citizens of the People's Republic of China, and a brother is a resident and citizen of Japan. Although his contact with his mother and siblings in China is infrequent, Applicant has failed to introduce sufficient facts to permit an examination of their relationships with that government. The lack of such facts, combined with the frequent contact maintained between his wife and her mother, and his contact with his brother in Japan, fail to mitigate the foreign influence security concerns raised. Clearance is denied.


Financial

12/27/2006

Applicant is a 55-year-old configuration data analyst working for a defense contractor. Thrice divorced and once widowed, she found herself a single mother and financially in trouble following two of her divorces. Consequentially, she filed for bankruptcy in 1975 and in 2000. Chapter 13 bankruptcy protection was sought in 2003, when she acquired under $10,000 in credit card debts bearing unwieldy interest rates. She timely repaid half the sum to her bankruptcy trustee in three years. Today, she lives frugally, has reduced her available credit to under $5,000, and has no unmanageable debt. Applicant has mitigated security concerns arising under financial considerations. Clearance is granted.


Foreign Influence; Foreign Preference

12/27/2006

Forty-six-year-old Applicant is a Russian-born, naturalized U.S. citizen, who has lived in the United States since 1991. He has substantially more connections to the United States than to Russia. His mother is a citizen of Moldova, his aunt is a citizen of Ukraine, and his 17-year-old daughter is a citizen of Russia. He has no direct contact with his aunt, and his mother and daughter live in the United States. Applicant turned in his Russian passport to the Russian embassy. He offered to be debriefed about his Soviet military service. Because of Russia's continuing efforts at economic espionage, there are enhanced security concerns. However he has mitigated security concerns pertaining to foreign influence and foreign preference. Clearance is granted.


Financial

12/27/2006

Applicant is a 32-year-old single mother of five who has lived on her own since she was 15. She has worked as a customer service representative for a federal contractor for approximately one year. Due to her circumstances she has accumulated delinquent debts. She sought financial counseling and set up a reasonable systematic repayment plan that she is following. Applicant successfully mitigated the trustworthiness concerns under Guideline F, financial considerations. It is clearly consistent with the interests of national security to grant or continue Applicant's eligibility for an ADP I/II/III position. Eligibility is granted.


Financial

12/27/2006

Applicant is 32 years old and works for a contractor that manages health care benefits for the federal government. From 1998 until the present he accrued a significant amount of delinquent debt, which he has paid or resolved. He mitigated the trustworthiness concerns raised by his financial problems. His eligibility for assignment to a sensitive position is granted.


Financial; Personal Conduct

12/27/2006

Applicant deliberately falsified her Public Trust Position Application concerning two judgments and outstanding delinquent debts totaling more than $50,000. Eligibility is denied.


Criminal Conduct

12/27/2006

Applicant is a 50-year-old systems engineer. When he was 19 years old, he was convicted of aggravated robbery, and he served approximately 20 months in prison. After his release from prison, he was married, completed his vocational school education, raised two daughters, and gained a reputation as a dependable, hard-working employee and responsible member of the community. He has mitigated the security concern based on criminal conduct, but granting him a clearance is prohibited by 10 U.S.C. § 986(c)(1). Solely because of the statutory prohibition, clearance is denied.


Financial

12/27/2006

Applicant is a 28-year-old electrical engineer employed by a defense contractor since March 2005. He has seven outstanding debts totaling approximately $19,567. He married in April 2004, his wife became pregnant in July 2004, and two months later she lost her job. A two-family income became a one-family income. Subsequently, several debts were incurred, which became delinquent and unpaid. Applicant is seeking a better paying job, which will enable him to more quickly recover from his financial hardship, which is evidence of a future promise to pay his debts rather than a concrete payment of some part of the debts. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Foreign Influence

12/27/2006

Applicant and his wife were born and raised in the Islamic Republic of Iran. They became United States citizens in 1995. His son was born in the United States. His family lives with him in the United States. Security concerns have been raised because his elderly father, father-in-law, two brothers, and brother-in-law are citizens and residents of Iran, and his sister-in-law and her husband are citizens of Iran and the United Kingdom, residing in the United Kingdom. Because of his close family ties, Applicant has not mitigated the security concerns arising from possible foreign influence. Clearance is denied.


Foreign Influence

12/27/2006

Applicant is 41 years old, married with three children, and works as an Arabic translator for a defense contractor. His mother and three sisters live and work in Iraq. Applicant met his burden of proof and mitigated the foreign influence security concern by his strong ties to the U.S., past performance as a translator, and past performance recommendations. Clearance is granted.


Foreign Influence

12/27/2006

Applicant is 51 years old, married with three children, college degrees in computer sciences, and employed by a defense contractor. Applicant was born on Taiwan and immigrated to the U.S. for a masters degree. He became a U.S. citizen in 1990. His parents and siblings are citizens and residents of Taiwan. He donates money to help support his parents and his mother-in-law. Applicant has not mitigated the foreign influence security concern. Clearance is denied.


Financial

12/27/2006

Applicant has a history of financial obligations involving seven debts totaling about $16, 149.00. Over the years, either Applicant or one of her three children have had unanticipated, medical problems requiring medical treatment for different periods of time. The unexpected medical problems and Applicant's repayment of six of the seven creditors furnishes sufficient reasons to find in her favor under the financial guideline. Applicant's omission of the installment loan debt and the medical debt from her questionnaire was unintentional. Eligibility for assignment to a sensitive/trustworthiness position is granted.


Alcohol; Drugs

12/27/2006

Applicant is 41 years old and married with two children. He has a Ph.D. in chemistry. He has a history of drug and alcohol dependence. After his family intervened in 2004, he entered an in-patient and out-patient treatment program. He attends AA thrice weekly. Applicant mitigated his alcohol consumption and drug involvement security concerns. Clearance is granted.


Criminal Conduct; Financial; Sexual Behavior

12/27/2006

Applicant is 41 years old and works for a federal contractor. In 1995, he was convicted of Aggravated Sexual Battery and subsequently incarcerated for more than four years. Recently, he paid in full a significant amount of money he owed for child support. He mitigated the security concerns raised by financial considerations, but did not mitigate those raised by his criminal conduct and sexual behavior. Based on his incarceration, he is disqualified from holding a security clearance under federal law. Clearance is denied.


Financial

12/27/2006

Applicant has delinquent debts in excess of $150,000, which resulted from a failed real estate and rental property venture between 1996 and 2000. This debt is what remains from over $1 million in assets, the rest of which he was able to liquidate. Applicant has not acted to pay or resolve these debts on advice from his attorney. Applicant's personal finances are otherwise excellent, and he has significant financial assets and income that make it unlikely he would resort to illegal acts to generate funds to satisfy the debts from his failed business. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

12/27/2006

Applicant's financial problems raise security concerns because of her failure to resolve all her debts to several remaining creditors. While in 2005 she promised to begin a good-faith effort to resolve her debts, she resolved only some of her smaller debts. She failed to develop a plan to resolve all the debts even though she has had a stable job since 2004. Applicant failed to seek financial counseling or again to file for bankruptcy as she did in 1997 to resolve her persistent debts. While the government established security concerns about her criminal conduct and personal conduct over her self-admitted failure to file tax returns from 2001 to 2004, Applicant mitigated these concerns as she attested she has filed tax returns for those years. Clearance is denied.


Financial

12/27/2006

Applicant received a Chapter 7 bankruptcy discharge in October 1999. Thereafter, between July 2002 and September 2005, she accumulated ten delinquent debts that were charged off or placed for collection. After being interviewed by a security investigator in March 2005, she resolved or successfully disputed four debts. In June 2006, she paid off two debts with a loan from her credit union. She claimed to have paid or resolved four other debts, but she presented no documentary evidence to support her claim. She has not mitigated the security concern based on financial considerations. Clearance is denied.


Financial

12/27/2006

Applicant has two delinquent credit card accounts with unpaid balances totaling more than $47,000. The delinquencies were due in part to two failed business ventures financed with credit cards. One business closed in 2000, and the other was started in 2001 and failed almost immediately. He took no action to resolve the delinquent accounts until August 2006, after he learned his security clearance was in jeopardy. He has not mitigated the security concern based on financial considerations. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

12/27/2006

Applicant has three convictions for shoplifting in July 2004, January 2005, and April 2005, which she attributes to poor impulse control due to problems managing her bipolar illness. Applicant now realizes she must take her medications as prescribed and she receives regular psychotherapy, but it is too soon to conclude there will be no recurrence of her criminal conduct. Personal conduct concerns persist since Applicant did not disclose her then very recent arrest for shoplifting on her application for a position of trust. Financial considerations related to a December 2002 bankruptcy discharge and an August 2005 voluntary repossession of her automobile are mitigated where Applicant is repaying the car loan debt, and for the most part pays her current obligations on time. Designation to hold a position of trust is denied.


Financial

12/27/2006

Applicant incurred unpaid debt subsequent to having prior debts discharged in bankruptcy. She lacks the financial resources to pay her current delinquent debts. She has not mitigated the government's concerns regarding her finances. Clearance is denied.


Criminal Conduct; Personal Conduct

12/27/2006

The criminal conduct security concern generated by Applicant's three convictions between 1995 and 2003 were mitigated by his youth at the time of the offenses, their minor nature, and the extenuating circumstances surrounding the conduct. Applicant's failure to disclose the most recent offense on his security clearance application raises an unmitigated security concern. Clearance is denied.


Sexual Behavior; Personal Conduct

12/27/2006

Applicant failed to mitigate security concerns raised by his personal conduct and sexual behavior. Clearance is denied.


Financial

12/27/2006

Applicant has a history of failing to meet his financial obligations dating back to the late 1990s. As of the date he answered the file of relevant material, he had seven accounts, totaling $12,597, that have been delinquent for many years. Applicant's evidence is insufficient to show he is in control of his finances, is not overextended, and that he has a track record of financial responsibility. Clearance is denied.


Drugs; Personal Conduct

12/27/2006

Applicant used cocaine and ecstasy in 2000, failed to disclose it as required on a 2003 security clearance application, and offered contradictory, evasive explanations for these omissions throughout the security clearance process. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

12/27/2006

Applicant's criminal conduct, deliberate falsification of his 25 February 2003 security clearance application and 12 May 2004 sworn statement, and his financial irresponsibility disqualify him for a security clearance. Clearance denied.


Security Violations; Personal Conduct

12/27/2006

Sixty-one-year-old Applicant was a Facility Security Officer (FSO) for six years. She was primarily responsible for enforcing security requirements in her workplace. She asked the Defense Security Service (DSS) Industrial Security Representative (ISR) about obtaining accreditation for her employer's laptop computer. The DSS ISR told her the references for accomplishing this objective, but she was unable to understand and complete requirements. She authorized contractor's employees to place classified information on the unaccredited, laptop computer on ten occasions, and then self-reported the security violations. She failed to mitigate security concerns pertaining to security violations. Clearance is denied.


Personal Conduct; Criminal Conduct

12/27/2006

Applicant, who is thirty-one-years-old submitted a security clearance application in 2003 that contained false information about the recency of his marijuana use, and omitted information about being charged with marijuana possession in 1992 and 2000. At his hearing, he recanted his admission in a 2004 Defense Security Service interview of marijuana use in 1998/1999, asserting he stopped using drugs more than seven years before completing his 2003 security clearance application. His hearing testimony about the recency of his marijuana use was not credible. He failed to mitigate security concerns pertaining to his personal conduct and criminal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

12/27/2006

Applicant's failure to file federal or state income tax returns from 1998 to 2004, and her history of delinquent debt, currently in excess of $1800, generate financial considerations, criminal, and personal conduct security concerns. She has neither filed her delinquent income tax returns nor made any sufficient progress toward satisfying her financial delinquencies. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

12/27/2006

Applicant failed to mitigate security concerns about his conduct leading to his administrative discharge from the Army, his delinquent debts, and his intentional falsification of answers to questions in his most recent security clearance application about his finances. Clearance is denied.


Guideline E

12/22/2006

The Judge made sustainable findings of fact, taking into account Applicant's differing accounts of his job termination in 2000. The Judge's provide a reasonable basis for her decision. Adverse decision affirmed


Guideline F

12/21/2006

Failure to preserve the record is error and can impair the Board's ability to perform its function. The Judge's finding that Applicant was not enrolled in a credit counseling service was apparently incorrect on the day the record closed. The errors were harmless in this case. Adverse decision affirmed.


Guideline L, Guideline E, Guideline B

12/21/2006

The Judge's extensive findings of fact are supported by substantial evidence. The Judge was required to apply Guideline B Mitigating Condition1. Applicant has not demonstrated that the Judge did not consider the financial context of his foreign business dealing. The decision below, read in its entirety, demonstrates that the Judge meet her obligation to weigh the evidence as a whole. Adverse decision affirmed.


Guideline B; Guideline E; Guideline F

12/20/2006

The Judge's whole person analysis does not consider the situation in Nigeria where Applicant's mother resides. The Board has held that in Foreign Influence cases, the nature of the foreign government involved, the intelligence gathering history of that government, and the presence of terrorist activity in that country "is important evidence that provides context for the other evidence of record and must be brought to bear on the Judge's ultimate conclusions in the case." Favorable decision remanded.


Guideline H

12/20/2006

There is a rebuttable presumption that federal officials carry out there duties in good faith. Applicant has not met the heavy burden of rebutting that presumption. The Board does not review a Judge's decision against a standard of perfection. The Judge's material findings of security concern are sustain able. The decision in another Hearing Office case does not demonstrate error in this case. Adverse decision affirmed.


Guideline H

12/20/2006

Given the record in the case, the Judge did not articulate a a basis for applying one sentence from Disqualifying Condition 5 outside the context of a failed drug program. An Administrative Judge does not have unfettered discretion in deciding what period of time is sufficient to demonstrate reform and rehabilitation. The Judge did not articulate a sustainable basis for discounting the effect of Mitigating Condition1. The Board has previously noted that the use of intemperate language can give rise to a question of bias. There is a rebuttable presumption that a Judge is impartial and unbiased. Adverse decision reversed.


Foreign Influence

12/14/2006

Applicant was born in the Republic of China (Taiwan) in 1981, moved to the United States in 1998 with his parents, and became a naturalized United States citizen in 2004. His mother and father have also become United States citizens. Applicant's sister and brother-in-law are citizens and residents of Taiwan. Neither 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. Mitigation has been shown. Clearance is granted.


Guideline B

12/14/2006

Given the record in the case the Judge's favorable application of Guideline B Mitigating Condition 1 and 3 is not sustainable. The Judge's favorable decision is arbitrary, capricious and contrary to law in that it fails to articulate a satisfactory explanation for it conclusions including a rational connection between the facts found and the choices made and offers an explanation that runs contrary to the record evidence. Favorable decision reversed.


Guideline F

12/14/2006

The Board cannot consider new evidence on appeal. The Board does not review cases de novo. Adverse decision affirmed.


Criminal Conduct; Financial

12/13/2006

The Applicant willfully failed to file his Federal tax returns for five years (1999-2003). They were not filed until 2005. This conduct was in violation of a Federal criminal statute. Insufficient mitigation is shown. Clearance is denied.


Guideline J; Guideline E; Guideline F

12/12/2006

The Board may not consider new evidence on appeal Applicant's statements about her intent and state of mind when preparing her trustworthiness application were relevant evidence but not binding on the Judge. An applicant's ability to argue for a different interpretation of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Guideline J

12/12/2006

The Board does not have authority to grant waivers under 10 USC §986. Adverse decision affirmed


Drugs; Personal Conduct

12/11/2006

Applicant is a 21-year-old employee of a defense contractor. She used marijuana daily for a four-month period in 2003 and used it at least once in 2005. On three to four occasions during the same time frame, she used opium. Applicant also used Vicadin, without a prescription, at least three times during that period. In May 2003, she was issued a citation and charged with possession of marijuana in public. In May 2003, she tested positive for marijuana at a pre-employment drug test. In her security clearance application, she failed to disclose her citation for use of marijuana. Eligibility for an ADP I/II/III position is denied.


Criminal Conduct

12/11/2006

Applicant committed several alcohol- and/or drug-related offenses between 1983 and 1995. Although the offenses are not recent, he failed to establish that he was successfully rehabilitated or that factors leading to the violation are not likely to recur. Eligibility for an ADP I/II/III position is denied.


Financial

12/11/2006

Applicant has more than $10,000 in delinquent debt. Although she is paying on a few of her bills, she is now financially unable to conclude a debt consolidation plan to get her on the road to financial stability. Eligibility is denied.


Criminal Conduct; Personal Conduct

12/11/2006

Applicant is a 47-year-old custodian for a defense contractor. From November 1979 through August 2003, he was arrested over 20 times for a variety of crimes. He admitted the majority of arrests, but failed to submit any supporting documentation or narrative with regard to those he denied. Moreover, he failed to explain why only two of the criminal arrests were noted on his security clearance application. Applicant has failed to mitigate security concerns raised by his criminal conduct and personal conduct. Clearance is denied.


Financial

12/11/2006

Applicant has a history of failing to meet her financial obligations dating back to 1998. As of the date she answered the SOR, she had 19 accounts, totaling approximately $21,008, that had been delinquent for many years. Except for payments made as a result of garnishments of pay resulting from judgments, she presented no evidence of efforts to settle, pay, or otherwise revolve her delinquent debts. Although she established circumstances beyond her control that mitigate the security concern to a certain extent, Applicant's evidence is insufficient to show she is in control of her finances, not overextended, and that she has a track record of financial responsibility. Eligibility for assignment to public-trust position is denied.


Financial; Personal Conduct; Criminal Conduct

12/11/2006

Applicant's financial problems have been mitigated through his documented efforts to repay or settle four of six listed debts, even though he waited until March 2006 to address the debts. Conversely, Applicant's deliberate omission of material information from his questionnaire, and his ongoing belief he did not deliberately omit material information has not been mitigated despite the favorable financial evidence, and positive character statements from his coworker (at the fire department) and father. Eligibility for assignment to a sensitive/trustworthiness position is denied.


Financial

12/11/2006

Applicant accumulated numerous delinquent debts during his second marriage, due to excessive spending on his credit card accounts. He filed a Chapter 13 bankruptcy, but he withdrew it when the payments were increased. He made no payments on the debts included in the bankruptcy, but instead relied on a four-year statute of limitations to bar collection efforts. He has not mitigated the security concern based on financial considerations. Clearance is denied.


Foreign Preference; Foreign Influence

12/11/2006

Applicant, a dual citizen of Germany and the United States, has not fulfilled the requirements of the Memorandum from the Assistant Secretary of Defense for Command, Control, Communications and Intelligence, dated August 16, 2000, (Money Memorandum) by retaining her current German passport rather than relinquishing it to the proper German authorities. Additionally, she has not renounced her German citizenship nor indicated a willingness to do so. Applicant's aunt, who is a citizen and resident of Germany, is not in a position to be exploited by


Drugs

12/11/2006

Applicant is 46 years old and has worked for a federal contractor since 1989. He obtained a secret clearance in 1990 and a top secret security clearance in 1998. He used marijuana from at least 1990 to 2004 while holding these clearances. Even after he completed his application to update his security clearance he used drugs. He continues to frequent the same place, and associate with the same people he used drugs with in the past. Applicant failed to mitigate the security concerns raised by Guideline H, drug involvement. Clearance is denied.


Financial; Personal Conduct

12/11/2006

Applicant is 55 years old and has worked for the same federal contractor for 34 years as a material handler. She has numerous delinquent debts that she has failed to pay for a substantial period of time, despite having expendable income. On her security clearance application, she failed to list that she had delinquent debts more than 180 days. She has successfully mitigated the security concerns regarding Guideline E, personal conduct, but failed to mitigate the security concerns regarding Guideline F, financial considerations. Clearance is denied.


Guideline H; Guideline E; Guideline F

12/11/2006

The presence of some mitigating evidence does not alone compel a favorable decision The Judge is required to evaluate the record as a whole and reach a reasonable conclusion as to the recency of Applicant's conduct. Adverse decision affirmed.


Information Technology; Personal Conduct; Security Violations

12/11/2006

Applicant is 51 years old and is a senior illustration designer who has worked for the same federal contractor for 30 years. While working in a space with classified computers, he misused company equipment by making copies of music CDs and viewed and edited personal photographs on a classified computer. Applicant's record is otherwise unblemished. He has successfully mitigated security concerns raised under Guideline M, misuse of information technology systems, Guideline E, personal conduct, and Guideline K, security violations. Clearance is granted.


Foreign Influence

12/11/2006

Applicant is potentially subject to foreign influence because his father is a citizen and resident of India, who only recently retired from 27 years of service in government organizations. Clearance denied.


Foreign Influence; Foreign Preference; Personal Conduct

12/11/2006

Applicant emigrated to Israel in 1985, and lived there until his return to the U.S. in 1991. During his Israeli residency, he held a passport, and worked for the Israeli government. After moving back to the U.S., he continued to use his Israeli passport until its expiration in 1996, and failed to disclose it, as required, on a security clearance application completed in 2002. He renounced his Israeli citizenship in 2003, and the security clearance application omission was unintentional. He continues, however, to have significant familial contacts and property interests in Israel. Applicant has mitigated the foreign preference and personal conduct security concern, but has not mitigated the foreign influence security concern. Clearance is denied.


Guideline G; Guideline E; Guideline J

12/11/2006

The Judge's findings of fact are sustainable in light of the recpord evidence. Mitigating Condition 2 of Guideline E is not applicable to the facts of this case. The Judge did not err by determining that Mitigating Condition 3 does not apply to Applicant's conduct. A review of the decision shows the Judge did consider the evidence that Applicant claims the Judge failed to consider. The opinion of a witness is not binding on the Judge. Adverse decision affirmed.


Guideline B

12/11/2006

Under the Directive, there is no jurisdiction to adjudicate, in DOHA proceedings, the adequacy of a background investigation. An applicant is not entitled to a favorable determination based on a claim of equitable estoppal. The Judge made a sustainable finding that Applicant's husband is an officer in the French Army. It was not arbitrary and capricious for the Judge to conclude that Applicant had not met her burden of demonstrating her husband was not an agent of a foreign power. The Board has held that the narrow definition of agent from FISA is inappropriate for the security clearance process. Adverse decision affirmed.


Guideline B

12/08/2006

Applicant has not made an allegation of harmful error by the Judge. Adverse decision affirmed.


Guideline B; Guideline E

12/08/2006

Given the record, the challenged findings under SOR paragraph 2.a. are permissible characterizations by the Judge. However, the Judge erred with regard to 2.b. The Judge's error is harmless. The Judge's conclusion that Applicant's false statements were deliberate is sustainable. The security significance of an applicant's conduct or circumstances does not turn on the applicant's technical abilities. Adverse decision affirmed.


Guideline F; Guideline E

12/08/2006

DOHA proceedings are civil in nature and the ineffective assistance of counsel doctrine does not apply to them. Given the record, the ultimate unfavorable decision under Guideline F is sustainable. Adverse decision affirmed.


Financial; Personal Conduct

12/7/2006

Applicant's employment problems, her medical problems, her preliminary debt management documentation, and her job performance evidence are insufficient to overcome the adverse evidence under the financial and personal conduct guidelines. Eligibility for assignment to a sensitive position is denied.


Criminal Conduct; Personal Conduct

12/7/2006

Applicant was convicted in military court for his role in an insurance-fraud scheme in 2000. He was sentenced to a bad-conduct discharge and confinement for six months. Although he presented a good case in mitigation, it is not strong enough to overcome the negative security implications of his dishonest and deceitful criminal conduct. Clearance is denied.


Financial; Personal Conduct

12/7/2006

Applicant failed to mitigate security concerns raised by his falsification of his Public Trust Position Application and his more than $17,000 in delinquent debt. Eligibility is denied.


Foreign Influence; Foreign Preference; Personal Conduct

12/7/2006

Applicant emigrated to Israel in 1985. After returning to the U.S. in 1991, she obtained an Israeli passport, and did not disclose it as required on a security clearance application completed in 2002. Her passport expired in 1996, she renounced her Israeli citizenship in 2003, and her security clearance application omission was unintentional. She continues, however, to have significant familial contacts and property interests in Israel. She has mitigated the foreign preference and personal conduct security concern, but has not mitigated the foreign influence security concern. Clearance is denied.


Guideline F

12/07/2006

The Board's authority is limited to cases where appealing party has alleged harmful error. Adverse decision affirmed.


Guideline E; Guideline J

12/07/2006

The Board concludes that the Judge's finding of fact that Applicant lacked an intent to deceive is sustainable. In light of that conclusion, the Judge's favorable conclusions are also sustainable. Favorable decision affirmed.


Guideline B

12/07/2006

The Judge's decision fails to take into account the situation in and nature of the areas in which Applicant's West Bank relatives reside. The record includes official U.S. documents regarding the activities of US-designated foreign terrorist organizations. The Judge's conclusions do not address the pertinence of these matters. The Board has held that in Foreign Influence cases the nature of the government, the intelligence history of the government and the presence of terrorist activity is important evidence that provides context for the other evidence of record and must be brought to bear on the Judge's ultimate conclusions. Favorable decision reversed.


Financial

12/6/2006

In February 2003, Applicant and her husband were assessed with uncollected state sales taxes for a golf cart business they sold in 1999. The sales taxes were not collected because purchasers fraudulently represented the intended uses for the carts. Applicant fell behind on her debts when her husband underwent numerous emergency surgeries and was unable to work from December 2004 to February 2006. She has challenged the tax assessment, contacted most of her creditors, and negotiated payment plans for two debts. The security concern based on financial considerations is mitigated. Clearance is granted.


Foreign Preference; Foreign Influence

12/06/2006

Applicant, a dual citizen of Israel and the U.S., is close to his two brothers, who hold Israeli citizenship and reside in Israel. Applicant traveled to Israel approximately once a year to visit family, and, when doing so, he used his Israeli passport to enter and exit Israel, in accordance with Israeli law. To comply with the Money Memorandum, he surrendered his active Israeli passport to authorized Israeli officials in the U.S. They then granted him permission to enter Israel on his U.S. passport under a program limited to dual citizens who hold U.S. security clearances, provided he complied with Israeli law by identifying himself to Israeli authorities. Applicant failed to mitigate Guideline B and C security concerns. Clearance is denied.


Guideline F; Guideline E

12/06/2006

Since Applicant's job requires a security clearance, the fact that he himself has no access to classified information is irrelevant. The Judge's application of the law to the facts and circumstances of the case demonstrate that the decision is not arbitrary, capricious or contrary to law. Adverse decision affirmed.


Criminal Conduct

12/06/2006

Applicant used methamphetamine, marijuana and cocaine during part of the year 1995, and possibly in 1994, while he was in the United States Air Force (USAF), for which he was sentenced to a bad conduct discharge and confinement for two years. Applicant's actual period of incarceration was less than one year. The provisions of Title 10 U.S.C. 986 do not apply. Applicant last used any illegal substance in August 1995. Mitigation has been shown. Clearance is granted.


Guideline B

12/06/2006

Applicant had the burden of presenting evidence to rebut, explain, extenuate or mitigate facts proved by Department Counsel or admitted by Applicant. The presence of some mitigating evidence alone does not compel the Judge to make a favorable decision. The Judge must weigh the evidence as a whole. Adverse decision affirmed.


Guideline J; Guideline D; Guideline E

12/06/2006

The Board must consider whether the Judge's acceptance of an Applicant's explanation is consistent with a reasonable interpretation of the record as a whole. The Judge's conclusion that Department Counsel had established a security concern with regard to Applicant's 2004 statement to a security investigator and the Judge's finding that Applicant story that he did not intend to patronize a prostitute is credible. Nor does the Judge deal with inherent implausibility of Applicant's version of events which maintain on two separate occasions, years apart, he was arrested for patronizing a prostitute when he had no interest in sexual contact with the women. Expert opinion as to credibility is generally inadmissable in judicial proceedings under the Federal Rules of Evidence. The Board concludes that the Judge's deferral to the expert witness on the issue of Applicant's credibility was arbitrary, capricious and contrary to law. Favorable decision reversed


Drugs; Personal Conduct; Criminal Conduct

12/04/2006

Applicant is 35 years old and works part-time for a company that administers government health care benefits. From 1998 to December 2005, she has used marijuana with varying frequency and was convicted of two criminal offenses and cited for several disorderly conduct charges. When completing her SF-85P application, she failed to disclose three criminal offenses. She mitigated the trustworthiness concerns raised by her personal conduct, but did not mitigate those concerns raised by her drug involvement and criminal conduct. Eligibility for assignment to a sensitive position is denied.


Financial Considerations

12/01/2006

Applicant has had a long history of financial difficulties. He currently has a significant amount of outstanding debt which he has not yet resolved. 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

11/30/2006

Applicant is a 52-year-old claims processor working for a Defense contractor. She admits to having six delinquent accounts and denies, without evidence or explanation, six other delinquencies. Although she cites to financial problems arising from her husband's disability, and the record reveals a five month period of unemployment, there is no indication that she has attempted to seek financial counseling or otherwise address these obligations. Applicant has failed to mitigate financial security concerns. Eligibility for an ADP I/II/III position is denied.


Drug; Alcohol; Criminal Conduct

11/30/2006

Applicant is a 29-year old employee of a defense contractor who has a history of illegal drug use and alcohol driving related incidents as recent as 2005. She has failed to mitigate the trustworthiness concerns under drugs, alcohol, and criminal conduct. Applicant's eligibility for an assignment to a sensitive position is denied.


Alcohol; Personal Conduct; Criminal Conduct

11/30/2006

Applicant is 24 years old and works for a company that administers government health care benefits. From approximately December 2000 until July 2005, he consumed alcohol on numerous occasions to the point of intoxication, resulting in five criminal arrests. When completing his SF-85P application, he failed to disclose some of those charges. He mitigated the trustworthiness concerns raised by his personal conduct, but not those raised by his alcohol consumption or criminal conduct. His eligibility for assignment to a sensitive position is denied.


Drugs

11/30/2006

Applicant voluntarily admitted to occasional use of marijuana between 1995 and 1998, and a one-time use of the drug in 2005. He twice declared that he would not use the drug in the future. He has mitigated the government's security concerns under the drug involvement guideline. Clearance is granted.


Financial

11/30/2006

Applicant is a 31-year-old employee of a defense contractor who has longstanding delinquent debt totaling $39,000. She has not made any good faith efforts to resolve the debt. She has failed to mitigate the trustworthiness concerns raised under financial considerations. Applicant's eligibility for an assignment to a sensitive position is denied.


Drugs; Alcohol; Financial

11/30/2006

Applicant is 35 years old and works as a claims processor for a company that administers government health care benefits. She has a ten-year history of cocaine and alcohol addiction that created significant financial problems. She has been sober since March 2005 and actively participating in a rehabilitation program. She mitigated the trustworthiness concerns raised by drug involvement, alcohol use, and financial problems. Her eligibility for assignment to a sensitive position is granted.


Financial

11/30/2006

Forty-four-year-old Applicant had fourteen financial allegations listed in the SOR. She failed to adequately explain, controvert, or show how she planned to resolve or pay six debts, including two debts together totaling over $13,000.00. She was unemployed from June 2003 to June 2004, which aggravated her financial problems. She has failed to mitigate concerns about financial considerations. Clearance is denied.


Criminal Conduct; Personal Conduct

11/30/2006

Applicant was convicted of speeding and driving under the influence (DUI) in May 1994. In April 2002, he pleaded guilty to possession of a controlled substance after his female companion, who was driving his truck, had an accident and cocaine was found in her purse. In May 2003, he pleaded guilty to reckless driving after he damaged his truck while driving in a mud field. He failed to disclose an unpaid judgment on his security clearance application (SF 86), but produced evidence at the hearing that he was unaware of the judgment when he executed his SF 86. He refuted the allegation of falsifying his SF 86 and mitigated the security concern based on criminal conduct. Clearance is granted.


Financial

11/30/2006

Thirty-five year-old Applicant had six alleged debts listed in the statement of reasons (SOR). One debt was paid in 2000. His employer indicates he has a high degree of trustworthiness, and is an asset to the company. His employer paid the five remaining SOR debts, which amounted to $10,466.50. Applicant agreed to repay his employer over the next 30 months using automatic allotments from his pay. His employer gave him a $6,000.00 annual pay raise, which is more than sufficient to cover the monthly payments. He currently has no delinquent debts. He has mitigated concerns about financial considerations. Eligibility for an ADP I/II/III position is granted.


Foreign Influence

11/30/2006

Applicant is not potentially subject to foreign influence through his parents and siblings, who are citizens and residents of the People's Republic of China (PRC). He demonstrated that none of them are foreign agents or otherwise so situated as to present a pressure point on Applicant. Clearance granted.


Personal Conduct; Criminal Conduct

11/30/2006

Applicant is a 27-year-old engineer working for a defense contractor. When he was 20 years old, he smoked marijuana about five times and took Ecstasy on three or four occasions. He denied having used drugs on his October 2003 security clearance application and on an up-dated application in July 2004, however, because he interpreted the question to exclude past experimentation with drugs. Although he was forthcoming about his drug use during his subject interview and has raised some mitigating conditions regarding his personal and criminal conduct, a "whole person" analysis of the Applicant best mitigates the personal conduct security concerns raised. Clearance is granted.


Financial

11/30/2006

Applicant failed to mitigate security concerns arising from delinquent debts of approximately $15,000 owed to twelve creditors. Applicant incurred the debts between four and six years ago and is waiting for the statute of limitations to run to clear them from his credit reports. Applicant is single, employed in a well paying job with no major financial obligations, and has $3,000 in savings yet he declines to contact the creditors to attempt to work out a settlement. Clearance is denied.


Criminal Conduct

11/30/2006

In September 1974, Applicant was convicted of receiving and concealing stolen property and possessing marijuana for resale. He served 16 months in confinement, thereby triggering the disqualification from eligibility for a security clearance under 10 U.S.C. § 986(c)(1). He also has three convictions for driving under the influence (DUI) and a conviction for domestic violence. He has not mitigated the security concern based on criminal conduct. Clearance is denied.


Criminal Conduct

11/30/2006

Applicant is 63 years of age and works as an electrician. He was arrested in July 1962 and charged with larceny of mail matter with intent to defraud on a government reservation. Applicant was convicted and served one year and one day in jail. In November 1963, he was arrested for grand larceny and forgery. He was convicted of both offenses and served three years of a five-year sentence. In October 1982, he was arrested for felonious assault and murder. In February 1984, he pled guilty to voluntary manslaughter and served less than one year in jail. I recommend a security clearance for Applicant. However, he is disqualified from holding a security clearance based on his incarceration for more than a year in 1962 and 1963. Clearance is denied.


Criminal Conduct

11/30/2006

Applicant is 63 years of age and works as an electrician. He was arrested in July 1962 and charged with larceny of mail matter with intent to defraud on a government reservation. Applicant was convicted and served one year and one day in jail. In November 1963, he was arrested for grand larceny and forgery. He was convicted of both offenses and served three years of a five-year sentence. In October 1982, he was arrested for felonious assault and murder. In February 1984, he pled guilty to voluntary manslaughter and served less than one year in jail. I recommend a security clearance for Applicant. However, he is disqualified from holding a security clearance based on his incarceration for more than a year in 1962 and 1963. Clearance is denied.


Financial; Personal Conduct

11/30/2006

Notwithstanding her divorce, the costs of raising four children, her recent injuries suffered in a car accident, and repayment of two creditors, Applicant has not provided sufficient evidence to find in her favor under the financial guideline. In addition, she deliberately falsified her public trust questionnaire by not acknowledging she had debts over 180 days delinquent, and then not disclosing those debts. Clearance is denied.


Financial; Personal Conduct

11/30/2006

Applicant incurred 17 delinquent debts of approximately $30,000, and failed to report them at Questions 38 and 39 of his SF 86. Three of the debts were for state and federal tax liens totaling $19,000 that were not reported at Question 36. He failed to mitigate the security concerns submitting no credible evidence of payments, ability to resolve the debts, or credible excuses for not reporting them. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

11/30/2006

Applicant is a 47-year-old systems integration engineer employed by a defense contractor. Prior to the age of 33, he had several criminal convictions, including two for DUI. In the last 15 years, he had one DUI, four years ago. He has evidenced a new maturity in understanding his role as a husband and father, which is supportive of sobriety. His omissions to two questions on a security clearance application were not deliberate, but in accord with the oral instructions he was given. He successfully mitigated the security concerns about criminal conduct, alcohol consumption, and personal conduct. Clearance is granted.


Financial

11/30/2006

This fifty-three-year-old Applicant had one alleged debt for $11,772 listed in the SOR. Applicant established payment of this SOR debt through settlement with the creditor and refinancing. His annual pay increased from $42,000 in 2004 to $89,000 per year in 2005. He paid his other delinquent credit card debts without refinancing them. The significant overall improvement of his financial situation mitigates security concerns about financial considerations. Clearance is granted.


Foreign Influence; Foreign Preference

11/30/2006

Fifty-one-year-old Applicant is an Iran-born, naturalized United States citizen. Although he has more substantial connections to the United States than to Iran, his parents and two sisters are citizens of and live in Iran and he has frequent telephone contact with them. He retains an Iranian passport for convenience. Because of Iran's poor human rights record and hostility towards the United States government, he must overcome a heavy burden to mitigate security concerns. He failed to meet this heavy burden. Security concerns pertaining to his foreign influence and foreign preference are not mitigated. Clearance is denied.


Financial

11/30/2006

Applicant has a history of financial difficulties dating back to at least 1994. At his hearing, he admitted he had insufficient resources to pay his basic living expenses and was unable to pay his delinquent debts. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations, of the Directive. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

11/30/2006

Applicant is 42 years old and has worked for two years for a federal contractor in industrial maintenance. He has substantial delinquent debt that remains unpaid, although he recently sought financial counseling and provided a couple of post-dated checks to cover small debts. Applicant deliberately failed to list his financial delinquencies and his two larceny convictions on his security clearance application. His testimony was repeatedly evasive, unbelievable and untruthful. Applicant failed to mitigate the security concerns raised under Guideline F, financial consideration, Guideline J, criminal conduct, and Guideline E, personal conduct. Clearance is denied.


Financial

11/30/2006

Applicant is a 33-year-old engineer working for a defense contractor. Shortly after being awarded subcontracts for defense-related work, the economic repercussions of September 11, 2001, affected his employment, his ability to find work, and his income. His personal and professional obligations became delinquent, and he was eventually forced to seek Chapter 13 bankruptcy protection in December 2005. His bankruptcy plan and his other efforts to address his obligations mitigate financial security concerns raised by his formerly delinquent debts. Clearance is granted.


Financial

11/30/2006

Applicant is 48 years old and worked for a federal contractor for two and half years as a painter, until he was laid off in April 2006. Applicant accumulated debt while he was married because he and his wife lived beyond their means. They were recently divorced. Applicant sought credit counseling three years ago and has aggressively been repaying his debts despite the financial hardship the divorce and unemployment caused. He is not debt free, but has shown a good faith effort that he intends to satisfy the remaining debts in the future. Applicant has successfully mitigated the security concerns raised under Guideline F, financial considerations. Clearance is granted.


Financial

11/30/2006

Applicant mitigated security concerns relating to financial considerations growing out of loss of income and medical costs uncompensated by insurance for Applicant, her son, and her husband. Chapter 7 bankruptcy was recently discharged for $30,000.00 in delinquent debt largely caused by those medical expenses. The current financial situation for the family indicates little likelihood of recurrence. Clearance is granted.


Personal Conduct; Criminal Conduct; Alcohol

11/30/2006

Applicant abused marijuana to the point of diagnosed cannabis dependence from October 1994 to December 1999. She also abused prescription drugs between 1994 and 1996, LSD from August 1995 to December 1996, cocaine and psilocybin in 1996, and heroin in 1997. Personal conduct and criminal conduct concerns related to her failure to disclose her drug use accurately on her SF 86 are mitigated. Alcohol consumption concerns persist where she consumed alcohol to intoxication as recently as January 2006 after being advised to reduce the level of drinking because of her history of binge drinking and frequent intoxication. Clearance is denied.


Financial

11/30/2006

Applicant is a special operations representative, level I, of a defense contractor. He encountered financial difficulties leading to filing a Chapter 7 bankruptcy petition in 2004. He did not provide sufficient information about his debts discharged in bankruptcy to determine if he has resolved his financial delinquencies. He failed to successfully mitigate the security concerns about financial considerations. Clearance is denied.


Financial; Personal Conduct

11/30/2006

Applicant incurred 15 debts of $27,000.00 that had become delinquent, and failed to report them at Question 38 of her SF 86. She had one judgment against her and that was not reported at Question 37. She failed to mitigate the security concerns, showing only that three of the debts had been paid with no credible evidence of payment of the others. Clearance is denied.


Financial

11/30/2006

Applicant is a special operations dispatcher for a defense contractor. For the past ten years she had a history of delinquent debts. Twice using Chapter 13 bankruptcy, she is resolving her indebtedness and paying her creditors. Also, she has demonstrated a more mature attitude in handling her financial affairs. She successfully mitigated the security concerns about financial considerations. Clearance is granted.


Personal Conduct

11/30/2006

Applicant's decision to take excess government equipment (tools and a cabinet) and use a government van to transport these items to his home during duty hours raises security concerns under personal conduct. Although he was given approval to take the items home by the government equipment manager, he knew or should have known that this was not the proper procedures of disposing excess equipment. His inconsistent statements pertaining to his knowledge of disposing excess government equipment raises credibility issues. He has not mitigated the security concerns raised under personal conduct. Clearance is denied.


Financial; Personal Conduct

11/30/2006

Through passage of time, Applicant mitigated. security concerns arising from criminal convictions for kidnaping and drugs in 1981 for which he received concurrent sentences of ten years probation and for three DUIs in 1985, 1991, and 1993. He also mitigated failure to report the last two DUIs on his SF 86 since he fully reported all other arrests, and the omission was not deliberate. He has been employed by the same company since 1981, married since 1985 with a family of five children. Clearance is granted.


Drugs; Personal Conduct

11/30/2006

Applicant illegally abused cocaine in December 1982, when he was about 22 years old, for initially unspecified reasons other than associating with the "wrong crowd," and continued using it on an occasional basis, perhaps six times per year, until 1996, or possibly 1999. He has abstained since 1996, or possibly 1999. Notwithstanding his certifications, oaths, and affirmations that his responses and statements were true and accurate, Applicant, on seven separate occasions over a period of eight years, willfully falsified, omitted, or concealed material facts pertaining to his history of substance abuse. Applicant's actions, especially after he had been granted a security clearance in 1982-83, reflect a high degree of questionable judgment and irresponsibility. Clearance is denied.


Criminal Conduct; Personal Conduct

11/30/2006

Applicant's deliberate falsification of his 5 March 2003 clearance application and his 31 October 2003 sworn statement, and the criminal conduct he concealed, makes him unsuitable for a security clearance. Clearance denied.


Information Technology; Security Violations; Personal Conduct

11/30/2006

Applicant is a senior scientist and chief technologist for a defense contractor. From about 1985 to 1996, he downloaded government software to his personal computer so he could work at home. He also made two inadvertent security violations in 2003. Additionally, he conducted correspondence with women in an Eastern Bloc country, and when confronted at work, lied about it, and filed a false incident report with OSI investigators. He did not inform his wife of his misconduct until after he received the Statement of Reasons (SOR). The government failed to make its case under Guideline M (misuse of information technology systems) and he successfully mitigated the security concerns under Guideline K (security violations.) His lack of trustworthiness and good judgment, however, raise security concerns about Guideline E (personal conduct). Clearance is denied.


Financial; Alcohol; Criminal Conduct; Personal Conduct

11/30/2006

Applicant is a 33-year-old network engineer employed by a defense contractor. He was arrested for DUI three times, and for assault once before he quit using alcohol in 2004. He successfully mitigated security concerns about alcohol consumption and criminal conduct. He has allowed delinquent debts to remain unpaid for over four years. He gave false answers on a security clearance application and lied to a federal investigator about his police records and financial delinquencies. He failed to mitigate security concerns about financial considerations and personal conduct. Clearance is denied.


Financial; Personal Conduct

11/30/2006

Applicant is a 50-year-old senior engineer working for a defense contractor that performs aeronautical inspections. After his wife was hospitalized in 1999 and forced to withdraw from the workforce, he left his job to care for their three young children. When he returned to work, he was faced with the challenges of supporting his family on one income. After earnestly completing a security clearance application in 2002, he learned about accounts on his credit report, many of which were erroneous. He disputed questionable entries on that report and satisfied all but one obligation. Applicant has mitigated security concerns arising from his finances and personal conduct. Clearance is granted.


Personal Conduct; Criminal Conduct

11/30/2006

Applicant deliberately falsified material facts on security clearance applications he completed and signed on September 19, 1996 and July 10, 2002. In an interview with an authorized investigator in September 2004, he deliberately provided false or misleading information about his drug use, number of arrests, and use of his office e-mail system to send unauthorized e-mails that could be considered offensive. Applicant failed to mitigate security concerns under Guidelines E and J of the Directive. Clearance is denied.


Drugs; Alcohol

11/29/2006

Applicant abused marijuana from 1995 to at least April 2006, while he held a confidential-level security clearance. Drug involvement concerns are not mitigated where he intends to use marijuana in the future given the opportunity. As an unlawful user of illegal drugs, Applicant is precluded from being renewed a security clearance under 10 U.S.C. § 986. Alcohol consumption concerns raised by his excessive drinking in 1997 are mitigated since he drinks in moderation and is careful to not drive after drinking. Clearance is denied.


Guideline H

11/29/2006

The Directive mandates the cessation of DOHA procedures when an applicant's need for access to classified information ceases unless the case falls within three exceptions. This case does not fall within the exceptions. The Judge's unfavorable decision is vacated.


Guideline E; Guideline J

11/29/2006

As the trier of fact, the Judge had to consider Applicant's statements in light of the record evidence as a whole, and Applicant's denial of any intent to provide false information did not preclude the Judge from weighing the record evidence and making findings that contradicted Applicant's denials. An applicant's disagreement with the Judge's weighing of the evidence, or an ability to argue for a different interpretation of the evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline B

11/29/2006

There is a rebuttable presumption that an applicant's contacts with immediate family members in a foreign country are not casual. The lack of evidence in this case makes it hard to evaluate his relationship with hith his family in Iran. Favorable decision reversed.


Financial; Criminal Conduct

11/28/2006

Since 1998, Applicant and her husband incurred over $21,422 in delinquent debt. They have not filed state and federal income tax returns since 2001. Most of the financial problems resulted from Applicant supporting her parents when they became ill in 1998. Applicant works a part-time job to meet her monthly expenses but is unable to make payments towards her delinquent accounts. She intends to consult a credit counselor at the end of the year, but currently her financial situation remains unsettled. Applicant deliberately failed to list her delinquent accounts on her trustworthiness application. She has failed to mitigate the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for a assignment to a sensitive position is denied.


Criminal Conduct

11/28/2006

Applicant's criminal conduct culminated in April 1998 when he pleaded guilty to three felony offenses: (1) malicious wounding; (2) attempted malicious wounding; and (3) failure to appear on a felony charge. As a result, he served about 13 months in confinement. He completed supervised probation in December 2000, and he is required to be of good behavior until April 27, 2008. There is ample evidence of successful rehabilitation, to include passage of time without recurrence of criminal activity, extensive job training, a good employment record, and a stable personal life. But due to serving more than one year in prison, he is disqualified from having a security clearance granted or renewed by the Defense Department under 10 U.S.C. § 986(c)(1). In other words, this case is decided against Applicant based solely on 10 U.S.C. § 986. Clearance is denied.


Financial

11/28/2006

Applicant is 51 years old and works for a company that administers health benefits for the federal government. From 1999 until 2003, she and her husband experienced a series of events that created significant financial problems that caused her to file bankruptcy. Since November 2003, her finances have been under control. She mitigated the trustworthiness concerns raised by her financial problems. Her eligibility for assignment to a sensitive position is granted.


Financial; Personal Conduct

11/27/2006

Applicant is 46 years old and employed as a paint foreman for the same defense contractor for more than 26 years. Applicant has a history of not meeting his financial obligations. His five outstanding delinquent debts total approximately $10,412. He falsified two questions on his security clearance application. Applicant has not mitigated the financial considerations and personal conduct security concerns. Clearance is denied.


Criminal Conduct; Sexual Behavior

11/27/2006

Applicant's May 2004 conviction for Indecent Exposure raises security concerns under criminal conduct and sexual behavior. Although he has successfully completed two years of probation, four years remain. Considering his admitted history of similar conduct approximately 150 times prior to his arrest, it is too soon to conclude that he has been successfully rehabilitated. Applicant did not meet his burden to mitigate the security concerns raised under criminal conduct and sexual behavior. Applicant's eligibility for assignment to a sensitive position is denied.


Criminal Conduct; Drugs

11/27/2006

Applicant's history of drug abuse and criminal conduct generate unmitigated security concerns. Eligibility for occupying a public trust position is denied.


Information Technology; Personal Conduct

11/27/2006

Applicant is a 52-year-old electrical engineer, who has worked for federal contractors for the past 20 years and held a security clearance. From approximately October 2002 to August 2003, Applicant used the government computer to access various pornographic and foreign web sites and to download media without authorization. In 2003 he was terminated from a position for his misconduct. He failed to mitigate the security concerns raised by his misuse of information technology systems and personal conduct. Clearance is denied.


Financial; Personal Conduct

11/27/2006

Applicant has a history of failing to meet his financial obligations dating back to the late 1990s. As of the date he answered the SOR, he had four accounts, totaling $20,000, that have been elinquent for many years. Although he has made some effort to pay creditors, Applicant's evidence is insufficient to show he is in control of his finances, is not overextended, and that he has a track record of financial responsibility. Clearance is denied.


Financial

11/27/2006

Applicant has over $16,000 in delinquent debt. She failed to establish any plan to resolve these debts. Eligibility for an ADP I/II/III position is denied.


Criminal Conduct; Personal Conduct; Information Technology

11/27/2006

Twenty-eight-year-old Applicant was involved in criminal conduct in 1997, 2001, and 2003. The most serious offenses were in 2001, when he illegally accessed a former employer's computer system, and damaged that system, and in 2003, when he made two false statements on his security clearance application. He failed to mitigate security concerns pertaining to his criminal conduct, personal conduct and misuse of information technology systems. Clearance is denied.


Personal Conduct; Financial

11/27/2006

Applicant started his own computer software business in 1999, with the encouragement of his former employer. His employer later withdrew its support for his business at the same time the computer industry began an economic slowdown. He incurred significant personal debt to finance his business, which closed in 2004. Although he is now employed with a good income, he has made little effort to pay this debt. He has not mitigated the government's security concerns regarding his finances. The government has not established its case under the personal conduct guideline. Clearance is denied.


Personal Conduct; Criminal Conduct

11/27/2006

Applicant received nonjudicial punishment under Article 15, UCMJ, for making false official statements and attempting to steal pain medication. He subsequently falsified his security clearance application by denying he had been so punished. Clearance is denied.


Foreign Preference, Foreign Influence

11/27/2006

Applicant's use of an Iranian passport for travel to Iran to visit relatives in 1991, 2000, and 2001 generates foreign preference and foreign influence security concerns. She is a naturalized U.S. citizen who has lived nearly her entire adult life in the U.S. In 2005, she returned her Iranian passport to the issuing authority, and renounced her Iranian citizenship. Applicant has mitigated the foreign preference security concern. She has not mitigated the foreign influence security concern raised by the remaining immediate family member, a brother, who lives in Iran. Clearance is denied.


Personal Conduct; Alcohol; Sexual Behavior

11/27/2006

Applicant is a 55-year-old executive for a defense contractor. Prior to 1983, he had extra-marital affairs which he divulged to his wife in 1999 while in marriage counseling. In 2002, he was convicted of driving under the influence of alcohol. In 2004, after drinking alcohol, he sexual harassed a female employee. Applicant has not mitigated security concerns for sexual behavior and alcohol consumption. Clearance is denied.


Security Violations; Personal Conduct

11/27/2006

Applicant discovered two confidential COMSEC documents missing from his classified storage container during a routine audit in February 2000. He informed his coworkers, the test site manager, and document control, but did not report the loss to his company's facility security department until May 2003. The security concerns are mitigated since he voluntarily reported the loss, accepted responsibility for his actions, and has positively discharged his security responsibilities for some 25 years. Clearance is granted.


Guideline B; Guideline C

11/24/2006

Given the Judge's findings and conclusions regarding the application of Guideline B Disqualifying Conditions, Applicant had the burden of demonstrating rebuttal, extenuation, explanation and , and mitigation. Applicant's arguments on appeal do not demonstrate that the Judge erred in concluding Applicant had not met that burden.


Guideline E

11/24/2006

The Board does not jurisdiction or authority to pass judgment on the Guidance provided by the Under Secretary of Defense. The record evidence supports the Judge's findings and conclusions.


Guideline E; Guideline F

11/22/2006

A favorable credibility determination standing alone is not demonstrative of error. Applicant does not contest the Administrative Judge's findings of fact or conclusions.. Adverse decision affirmed.


Security Violations

11/22/2006

Applicant, with an otherwise unblemished record of protecting and safeguarding classified information, committed a deliberate security violation by downloading unclassified files from his facility's classified computer onto his pocket computer, without complying with his company's trusted downloading procedures. While a subsequent investigation by his facility failed to find any classified information in the transferred files, Applicant's actions constituted a deliberate and express security violation. His actions are isolated, though, and successfully mitigated by re-briefing in April 2003 and demonstrated overall judgment and reliability in handling classified systems and information. Clearance is granted.


Guideline B; Guideline E; Guideline M

11/22/2006

Failure of the Judge to find and consider facts regarding the poor human rights record of the PRC undermined the Judge's decision. Favorable decision remanded.


Financial; Personal Conduct

11/21/2006

This 27-year-old employee of a defense contractor has a history of 22 delinquent debts beginning in about 1998 and still unresolved. She did not truthfully describe her financial situation when she completed her security clearance application. Mitigation has not been established. Clearance is denied.


Financial

11/21/2006

Applicant and her husband incurred over $47,547 in delinquent debt. Much of the debt became delinquent in 2003, as a result of Applicant's six month period of unemployment due to health issues and her husband's business failure. Applicant and her husband refinanced their mortgage and used the extra money to pay off much of the debt. She is making regular payments towards her student loan account, which accounts for $26,997 of the delinquent debt. She and her husband currently have well paying jobs. They are able to meet their financial obligations and have made a good faith effort towards resolving their delinquent debts. Applicant's eligibility for a assignment to a sensitive position is granted.


Financial; Foreign Influence

11/21/2006

Applicant mitigated security concerns raised by members of her family who are residents and citizens of Mexico, and by a federal tax lien. Clearance is granted.


Alcohol; Personal Conduct; Criminal Conduct

11/21/2006

Applicant is a 44-year-old engineer who has worked for the same federal contractor for 19 years and held a security clearance during that time. He has a long history of alcohol abuse and criminal conduct related to alcohol abuse. He deliberately failed to provide honest answers to questions on two different security clearance applications and in sworn statements made to investigators. Applicant failed to mitigate the security concerns raised under Guideline G, alcohol consumption, Guideline E, personal conduct, and Guideline J, criminal conduct. Clearance is denied.


Financial; Personal Conduct

11/21/2006

Applicant is 66 years old and works for a federal contractor. He owes a significant amount of money to the IRS for unpaid taxes and an outstanding judgment, relating to a failed business in 1992. When he completed his security clearance application, he failed to disclose the delinquent debts. He mitigated the security concerns raised by his personal conduct, but did not mitigate those raised by financial considerations. Clearance is denied.


Alcohol; Personal Conduct

11/21/2006

Applicant is a 56-year-old employee of a defense contractor since March 1999 working as a claims processor. Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately 1969 to at least 2001. In 1981, 1984, 1996, and 2001, he was arrested for operating a motor vehicle while intoxicated. He received court-ordered counseling in the Addictive Disorders Treatment Program of a hospital from May 1996 to June 1996, and again from August 2002 to March 2003. In the latter treatment program, his condition was diagnosed as Alcohol Abuse/Dependence. Applicant has not provided evidence to show that he is no longer abusing alcohol. Eligibility for an ADP I/II/III position is denied.


Drugs; Personal Conduct

11/21/2006

Applicant has a history of periodic marijuana use since 1973; he used marijuana as recently as November 2004. He lied about his drug involvement in May 2002 when he completed a security-clearance application. He lied about his marijuana use in a sworn statement in June 2004 when he denied ever using marijuana. Applicant failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his marijuana use and his false statements. Clearance is denied.


Financial

11/20/2006

Forty-three year-old Applicant had five alleged debts listed in the statement of reasons (SOR). One debt was a duplication. The remaining four SOR debts were accumulated prior to her 1999 divorce and her six-month periods of unemployment in 1999 and 2002. She obtained an associates degree in 2004, and has subsequently made all payments on her student loan. She made her initial and two monthly payments on her debt consolidation loan, which will eventually pay off all her SOR debts. She has mitigated concerns about financial considerations. Eligibility for an ADP I/II/III position is granted.


Financial

11/20/2006

Applicant has a history of failing to meet his financial obligations dating back to 1997. As of the date he answered the SOR, he had seven accounts, totaling approximately $21,008, that have been delinquent for many years. Except for a dismissed 1998 Chapter 13 bankruptcy filing, he presented no evidence of efforts to settle, to pay, or to otherwise revolve his delinquent debts. Applicant's evidence is insufficient to show he is in control of his finances, is not overextended, and that he has a track record of financial responsibility. Eligibility for assignment to public-trust position is denied.


Financial; Personal Conduct; Foreign Influence

11/20/2006

Applicant is 25 years old, married to a Uruguayan citizen with a U.S. green card, and has two minor children. She works for a defense contractor as a claims processor in the health care business. Applicant has seven delinquent debts which she has not paid over the past four years. She deliberately falsified her trustworthiness application. Her husband's citizenship and her declaration that they will move to Uruguay raises a foreign influence concern. Applicant did not mitigate the financial considerations, personal conduct concerns, nor the foreign influence concern. Her eligibility for assignment to sensitive positions is denied.


Financial; Personal Conduct

11/20/2006

Applicant, who has worked overseas for a defense contractor for half the time in the past six years leaving the payment of bills to his wife in the U.S., mitigated security concerns relating to financial considerations arising from $11,000.00 in delinquent debts by payment of one debt and efforts to reach the other three creditors without success. He later entered into a credit counseling program that located them and is depositing funds each month to pay the debts, which he is financially able to do. Clearance is granted.


Financial

11/20/2006

Applicant is 55 years old, widowed, and works for a defense contractor as a telecom analyst. Her financial difficulties arose because of her late husband's fatal illness that developed after 2001. His medical expenses consumed her income after he ceased working. She mitigated the financial considerations security concern. Clearance is granted.


Drugs

11/17/2006

Applicant is 27 years old and worked for a federal contractor since June 2004. During his high school and college years he used drugs and sold some drugs to his friends, although not for profit. Two and half years ago he made a conscious decision to no longer use illegal drugs. He decided it was time to grow up and lead a productive life. He has not used drugs since then. He has mitigated the security concerns regarding his drug involvement. Clearance is granted.


Criminal Conduct; Personal Conduct

11/17/2006

Applicant is a 24-year-old claims processor who has worked for the same Defense contractor since November 2004. Between the ages of 16 and 20, she was arrested for nine minor incidents. She only noted the most egregious event on her Questionnaire for Public Trust Positions because she did not think the other incidents she could recall were applicable. Since reaching the age of 21, she has had a clean record, returned to finish her secondary education, maintained full-time employment, become engaged, and had a baby. Applicant has shown that neither her personal nor criminal conduct poses an unacceptable risk. Eligibility for an ADP I/II/III position is granted.


Drugs; Personal Conduct

11/17/2006

Thirty-year-old Applicant used marijuana 13 times, from 1993 to June 2005. He falsely understated his marijuana abuse in his 2001 security clearance application. He used marijuana while holding a security clearance. He failed to mitigate security concerns pertaining to his drug involvement and personal conduct. Clearance is denied.


Criminal Conduct

11/17/2006

Applicant is 44 years old and employed as a senior wireless Lan installer by a defense contractor since May 2005. In November 1977, at the age of 15, Applicant was arrested and charged with murder of his father and possession or use of a firearm during the commission of a crime. He then served time in a juvenile facility. On June 5, 1980, at the age of 18, Applicant pled guilty to and was convicted of the charges, sentenced, and incarcerated in a state correctional facility until July 12, 1984. He was on parole for approximately three years after his release from prison. The Smith Amendment (10 U.S.C. § 986) applies to his incarceration from 1980 to 1984. Clearance is denied.


Criminal Conduct; Personal Conduct

11/17/2006

Applicant is married, and works as a customer service representative for a Government medical insurance program for military members and their families. Applicant did not list her 2002 arrest for disorderly conduct on her 2003 and 2004 Questionnaires for Public Trust Positions because she knew her co-workers would discuss such information about her as they did about other co-workers. Applicant wanted to protect her privacy and does not engage in such conduct as do her co-workers. Applicant mitigated the criminal conduct and personal conduct trustworthiness concerns. Eligibility for assignment to sensitive positions is granted.


Financial

11/17/2006

Applicant has approximately $18,774 in delinquent debt. Most of his financial problems were caused by circumstances beyond his control. They include a 12 month period of under employment, and becoming the sole provider of a new wife and three stepdaughters at the same time. Applicant's past history of holding a security clearance during a 14 year military career and his demonstrated efforts to resolve his debts mitigated the security concern raised under financial considerations. Clearance is granted.


Criminal Conduct; Personal Conduct

11/17/2006

Applicant is 30 years old, married, and works for a defense contractor. He had three arrests between 1995 and 2003, two of which were dismissed. The third resulted in a conviction. Applicant disclosed the 2003 conviction on his security clearance application, but not the first two arrests. Applicant mitigated the criminal conduct and personal conduct security concerns. Clearance is granted.


Criminal Conduct; Financial

11/17/2006

Applicant's multiple convictions for drunk driving culminated with his guilty plea to the felony offense of operating a motor vehicle while a habitual offender. He was sentenced to two years in jail, which he served in a work-release program from February 1999 until his release in November 2000. He has not drunk alcohol since 1995, and the state reinstated his driver's license in about 2002. He also has financial problems stemming from his first marriage, which ended in divorce in 2001. He remarried in 2002, and the couple bought a home in 2004. Applicant mitigated the criminal conduct security concern based on passage of time without recurrence, but he failed to present sufficient evidence to mitigate the financial considerations security concern. In addition--based on serving more than one year in jail--he is disqualified from having a security clearance granted or renewed by the Defense Department under 10 U.S.C. § 986(c)(1). Clearance is denied.


Guideline B

11/17/2006

There is no jurisdiction or authority in DOHA proceedings to adjudicate the adequacy of background investigations. Applicant had the burden of presenting evidence to rebut, explain or mitigate facts proved by Department Counsel or admitted by Applicant regarding his family ties to the PRC. Applicant has the ultimate burden of persuasion. Given the record evidence the Judge's adverse decision is sustainable. Adverse decision affirmed.


Guideline J

11/17/2006

The Judge used a favorable credibility determination to make findings of fact in the face of conflicting record evidence. Favorable decision remanded


Guideline F

11/16/2006

The Judge articulated a reasonable basis for not applying the potential mitigating conditions in this case. The favorable evidence cited by Applicant is insufficient to demonstrate that the Judge's decision is error. Adverse decision affirmed.


Guideline F; Guideline E

11/16/2006

The Judge considered Applicant's mitigating evidence and him partial credir for that evidence. Nonetheless, the Judge articulated a rational basis for not fully applying the mitigating conditions in this case. Adverse decision affirmed.


Financial

11/15/2006

Applicant's financial problems continue and are unlikely to be resolved in the foreseeable future. Clearance is denied.


Criminal Conduct; Personal Conduct

11/15/2006

Between 1998 and 2003, Applicant, an information technology instructor, copied various computer software programs, and installed them onto the computer systems of some of his students, a neighbor, and two family members. The use of these programs was either consistent with the U.S. Copyright Act, consistent with the software manufacturer's licensing agreements, or consistent with the policy of the college where he taught. No security concerns are raised. Clearance is granted.


Personal Conduct; Criminal Conduct; Financial; Alcohol

11/15/2006

Applicant willfully disregarded his obligations to timely file federal and state income tax returns for nine years, and incurred a federal tax debt in excess of $42,000. He abused alcohol to the point of medically diagnosed dependence and abused cannabis twice weekly for about 25 years, and was not candid about his tax debt or his drug use on his security clearance application. Alcohol consumption concerns are mitigated because of his successful treatment with sustained abstinence for more than seven years. Delinquent tax returns have been filed, but criminal conduct, personal conduct, and financial considerations persist. Clearance is denied.


Financial

11/14/2006

Applicant is a 45-year-old employee of a defense contractor who has delinquent debts totaling $31,063, despite filing for bankruptcy in 1990, 1997, and 1998. He provided no explanation or documentation to mitigate the security concerns arising from his financial difficulties. Clearance is denied.


Guideline B

11/14/2006

The Board may not consider new evidence on appeal. Nothing in the Directive gives the Board the authority to pass judgment on guidance provided by the Under Secretary of Defense. Although there is no general requirement to assign significant probative value to a history of complying with security rules, an Applicant who has made a significant contribution to national security under dangerous circumstances can reasonably expect to have such conduct considered under a whole person analysis. Unfavorable decision remanded.


Financial; Personal Conduct

11/14/2006

The Applicant's financial situation was primarily caused by circumstances beyond his control (e.g., period of unemployment, unexpected medical emergency and separation). He has resolved it by filing a Chapter 7 bankruptcy and receiving a discharge. The Applicant is not delinquent on his current debts. He did not falsify his security clearance application as alleged. Clearance is granted.


Guideline M; Guideline E

11/14/2006

The Judge articulated a rational basis for not favorably applying any mitigating condition or whole person factors with respect to the remaining Guideline E allegation. Adverse decision affirmed.


Drugs; Personal Conduct

11/13/2006

Applicant is 47 years old and employed as a nuclear machinist for the same defense contractor for more than 23 years. From June 2002 to September 2002, Applicant purchased and used cocaine. After taking a drug test at work, cocaine was found in his urine, and his employer sent him to mandatory drug counseling. From October 2002 to November 2002, he participated in a drug counseling program. In November 2002, upon satisfactory completion of the program, he was allowed to return to work. Applicant has not used any illegal drugs since his treatment. Since 2004, Applicant has voluntarily attended meetings at Alcoholics Anonymous to participate in their 12-step drug program. Applicant has mitigated the drug and personal conduct security concerns. Clearance is granted.


Financial

11/13/2006

Applicant failed to mitigate security concerns arising from delinquent debts totaling over $32,000.00 even though he had paid or settled five of the accounts for $8,000.00 since he still had not settled three of the four largest debts totaling $20,000.00. Two of those debts had been included in a 2001 bankruptcy that had been dismissed in 2003 with no settlement of the accounts. Clearance is denied.


Alcohol; Drugs

11/13/2006

Applicant's alcohol consumption resulted in two arrests for driving under the influence (DUI) (1982 and 2005) during a 23-year span which were followed up by two court-mandated Alcohol Safery Action Programs (ASAP) and one 16-week group counseling program. His illegal use of marijuana from 1977 until 2001, and again at least in May 2005, especially after he had been granted a security clearance in 1983, reflects a high degree of questionable judgment, irresponsibility, and immature behavior. It is unclear if he has finally decided to abstain from further marijuana use, for the only evidence of such possible change in his habits pertains to his remaining "clean" since 2001, with the brief exception of 2005. Applicant has failed to mitigate or overcome the government`s case. Clearance is denied.


Guideline D; Guideline E; Guideline J

11/09/2006

The challenged findings are permissible characterizations of the record evidence. The Judge reasonably explained why the mitigating evidence was insufficient to overcome all the government's security concerns. Adverse decision affirmed.


Guideline F; Guideline E

11/09/2006

The Administrative Judge has to weigh the evidence. Department Counsel disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate that the Judge's decision was arbitrary, capricious or contrary to law. Favorable decision affirmed.


Financial

11/8/2006

Applicant's loss of employment and bad business investment in 1997-1998 have contributed to his financial indebtedness. However, he remains excessively indebted. He has not yet begun to address his financial indebtedness. No financial rehabilitation has been shown. Clearance is denied.


Financial

11/08/2006

Circumstances beyond the Applicant's control, including his ex-girlfriend's addictions to gambling and alcohol have caused his financial indebtedness. After separating from his girlfriend and taking custody of his two daughters he remains excessively indebted. He has not yet began to address his financial indebtedness. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

11/08/2006

Applicant was convicted of driving while intoxicated in July 1994 and August 2004 and of resisting arrest in August 2001. He was not candid about the August 2001 charges when he completed his security clearance application in January 2002 or a signed, sworn statement in May 2003. Applicant also did not timely file federal income tax returns for tax years 2001, 2002, and 2003. Clearance is denied.


Financial Considerations; Personal Conduct

11/07/2006

Applicant has had a history of overdue debts that 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 Questionnaire for Public Trust Positions (QPTP) on August 16, 2004, regarding her indebtedness, was materially incorrect and incomplete. Mitigation has not been shown. Applicant's eligibility for assignment to a sensitive position is denied.


Alcohol; Criminal Conduct; Personal Conduct

11/06/2006

The Applicant received inpatient treatment in 1991, and was diagnosed as suffering from "alcohol dependence." Despite this diagnosis, the Applicant consumed alcohol to the point of intoxication, as evidenced by five subsequent alcohol related arrests. He has not consumed the intoxicant since completing inpatient treatment in 2004. However, there is no evidence of a "favorable prognosis," as required by the last mitigating condition. Furthermore, his past criminal conduct is fairly recent, in light of his 16 arrests spanning a period from 1982~2004. He was also less than candid when he executed his March 2004 Security Clearance Application (SCA). In November of 2004, when given an opportunity to clarify his answers to his SCA, the Applicant refused to cooperate. Mitigation is not shown. Clearance is denied.


Financial; Personal Conduct

11/3/2006

Applicant did not falsify her public trust position application and mitigated security concerns raised by her financial condition; she established that her tax debt was discharged in bankruptcy and she had arranged a settlement on her other debt. Eligibility for an ADP I/II/III position is granted.


Criminal Conduct; Personal Conduct; Financial; Drugs

11/03/2006

The Applicant has addressed all of his admitted past due debts. There was no wilful falsification when the Applicant executed his November 2003 Security Clearance Application (SCA), and no recent Drug Involvement, as alleged. However, the Applicant's past and continuing Criminal Conduct is another matter. He has a plethora of arrests and citations dating from 1988 until his last arrest in 2004. As a result of a 1994 conviction, the Applicant's driver's license was suspended. He has since been arrested or cited on eight occasions for driving without a license. He continues to drive without a license, and is contemplating changing his name in order to fraudulently obtain a new driver's license. Mitigation is not shown. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

11/3/2006

Applicant has a decades-long history of criminal conduct consisting of arrests and convictions for alcohol-related offenses and other offenses. He gave two false answers about his police record when he completed a security-clearance application in June 2005. He failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from these matters. Clearance is denied.


Guideline ;, Guideline J; Guideline E

11/03/2006

The Administrative Judge's adverse findings are sustainable. Adverse decision affirmed.


Guideline B

11/02/2006

Given the totality of circumstances, the Board cannot conclude with confidence that Applicant received the due process provided for under Executive Order 10865 and the Directive. Adverse decision remanded.


Guideline F

11/02/2006

The Administrative Judge's material findings are sustainable. Adverse decision affirmed.


Guideline B

11/01/2006

The application of Adjudicative Guidelines disqualifying and mitigating conditions does not turn simply on a finding that one or more of them applies to the particular facts of a case. A decision by a Hearing Office Judge is not legally binding precedent on other hearing other Judges or on the Board. It was not arbitrary and capricious for the Judge to consider Applicant's ties to Russian citizens based on his marriage. Adverse decision affirmed.


Financial

10/31/2006

Applicant received a Chapter 7 discharge in bankruptcy in 1996 and was divorced shortly thereafter. He began accumulating new delinquent debts almost immediately. He successfully resolved a home mortgage debt in February 2001, but has six delinquent debts totaling $10,360 dating back to June 1999, none of which are resolved. The security concern based on financial considerations is not mitigated. Clearance is denied.


Criminal Conduct; Sexual Behavior

10/31/2006

On three occasions between 1996 and 1998, the then 55-year-old Applicant fondled the breast of his 11-13-year-old stepdaughter. Applicant failed to mitigate criminal conduct and sexual behavior security concerns. Clearance is denied.


Personal Conduct; Information Technology

10/31/2006

Applicant is a design support engineer with a federal contractor. He used the internet to assist with a model shipbuilding project and purchase personal items. He did not visit sexually explicit sites as alleged. His use of the internet comported with company policy. He successfully mitigated the security concerns about personal conduct and information technology. Clearance is granted.


Personal Conduct

10/31/2006

Applicant's omission of use of hallucinogenic mushrooms on a 1999 security clearance application and a 1999 signed, sworn, statement raised questions about her judgment and credibility. Concerns have been mitigated based on her full voluntary disclosure of her drug use during her 2005 periodic reinvestigation. Applicant's recreational drug use in college and a one time marijuana use in October 2001 after being granted a security clearance are mitigated based on the passage of time and her expressed intentions not to use illegal drugs in the future. The Personal Conduct security concern is mitigated. Clearance is granted.


Financial

10/31/2006

Between 1997 and November 2004, Applicant incurred $19,970.00 in delinquent debts that have not been mitigated. Though her husband's periodic unemployment in 2002 and since June 2006 has contributed to her inability to pay debts, she had been carrying delinquent debt for several years before she married her husband in 2002. Applicant's history of financial problems, together with her inability or unwillingness to satisfy certain debts necessitates a finding against her under the financial considerations guideline. Eligibility for assignment to trustworthiness position denied..


Foreign Preference, Foreign Influence

10/31/2006

Applicant's retention of an active Iranian passport, and his contacts with several Iranian relatives raise unmitigated security concerns. Eligibility for occupying an Information Systems positions is denied.


Personal Conduct, Criminal Conduct

10/31/2006

Applicant falsified two public trust position applications completed in December 2002 and August 2004, respectively, by failing to disclose a criminal charge and some financial delinquencies. Eligibility to occupy a sensitive position is denied.


Information Technology; Personal Conduct

10/31/2006

In 2002 or 2003, Applicant created a personal website on his company's computer. When discovered, it was removed, he received a verbal reprimand, and told not to do it again, which he has not done. In 2003 or 2004, Applicant called his former employer's voice mail system and deleted some of his ex-wife's messages and those of the company's president. When told to stop he did and has not repeated his actions. The record evidence is sufficient to mitigate or extenuate the negative security implications. Clearance is granted.


Financial; Personal Conduct

10/31/2006

Applicant and his wife incurred significant unpaid credit debt. They began repaying some of this debt in January 2005, and recently paid all their outstanding and current debt by refinancing their house. They also closed most of their credit accounts. He did not intentionally falsify his answers to his security clearance application. He has mitigated the government's concerns regarding his finances and his personal conduct. Clearance is granted.


Drugs

10/31/2006

Applicant is vice president of contracts for a federal contractor. He abused illegal drugs over a ten-year period, mostly in high school and college. He quit using illegal substances in August 2004, contemporaneous with receiving a substantial promotion from his employer with added responsibilities. He stated an intention to not use drugs in the future. He demonstrated more mature judgments as his responsibilities increased. Drug usage was not recent and he successfully mitigated the drug involvement security concerns. Clearance is granted.


Financial; Alcohol

10/31/2006

Fifty-four-year-old Applicant had ten financial allegations listed in the SOR. He failed to adequately explain, controvert or pay five debts, including a debt of over $13,000.00 owed to the Internal Revenue Service (IRS) since 2003. In 2001 and 2004, he was arrested for driving while under the influence of alcohol (DUI). Neither arrest resulted in a final conviction, but there was substantial evidence of DUI in the police reports. He has failed to mitigate concerns about financial considerations and alcohol consumption. Clearance is denied.


Financial

10/31/2006

Financial considerations concerns arose during Applicant's application process for a security clearance. The government alleged he owed 14 creditors in excess of $15,000.00. Applicant incurred these debts as a result of unemployment, underemployment, and lost time from work after being diagnosed and treated for cancer. Applicant mitigated these debts by either paying his creditors or by incurring the services of a credit counseling service and setting up a payment plan with his remaining creditors. Clearance is granted.


Financial; Personal Conduct

10/31/2006

Applicant is a 68-year-old force protection officer working abroad for a defense contractor providing combat support. In the early 1990s, Applicant acquired debt. His wife withdrew a portion of her 401K retirement plan to pay their creditors, incurring a tax obligation. When completing a security clearance application in 2004, Applicant denied having any tax liens or delinquent debts, thinking property liens were different from past taxes owed and not knowing one delinquent account was listed on his credit report. Applicant's demonstrated history of repaying his tax obligations mitigated financial security concerns. Moreover, his lack of intent to falsify or misrepresent material facts on his security clearance application mitigated personal conduct security concerns. Clearance is granted.


Financial

10/31/2006

Though Applicant's indebtedness involves two delinquent accounts amounting to only $10,100.00, she has done nothing to resolve either debt. The credit card account that became delinquent in 2000, was converted to a judgment in February 2002. Applicant has known since July 2003 that the government was concerned about her financial obligations. She has claimed consistently she has been unable to pay the listed debts. Yet, one month after making her claim of not being able to pay the listed debts in December 2005, she started making payments of $488.00 a month on a car costing $21,000.00. Given her recent decision to take on substantial new debt rather than address her past due debts, Applicant's favorable character evidence does not satisfy her ultimate burden of persuasion. Eligibility for assignment to ADP I/II/III Position is denied.


Financial; Personal Conduct; Criminal Conduct

10/31/2006

Applicant pleaded guilty to misdemeanor embezzlement in 1994. Since October 2000, he has accumulated seven delinquent debts totaling about $10,385. He falsified a security clearance application (SF 86) by failing to disclose a felony arrest and delinquent debts. He has not mitigated the trustworthiness concerns based on financial considerations, personal conduct, and criminal conduct. Eligibility is denied.


Financial; Alcohol

10/31/2006

Forty-eight-year-old Applicant had two alleged debts listed in the SOR. Applicant established payment of the two SOR debts and a significant overall improvement of his financial situation. He had an alcohol-related driving offense in 1994. He received in-patient alcohol treatment in 1995. He had another alcohol-relating driving offense in 2000. He was not involved in any alcohol-related misconduct after 2000. He mitigated security concerns about financial considerations and alcohol consumption. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

10/31/2006

Applicant is a 53-year-old drafter working for a federal defense contractor. He used marijuana from approximately 1968 through 2001, when he was arrested for possession of marijuana and cocaine. Since quitting drugs in 2001, he has demonstrated his commitment to remain drug free by completing a drug treatment, joining a support network, and purposefully separating himself from both his immediate family and others who do not support his detoxified lifestyle. Thus, he mitigated security concerns regarding his criminal conduct and drug involvement. Although he claimed not to have used drugs in the past seven years on a 2004 security clearance application, his showing of contrition and a thorough assessment of him as a "whole person" mitigate personal conduct concerns. Clearance is granted.


Information Technology; Personal Conduct

10/31/2006

While holding an interim security clearance, and for a period of several weeks, Applicant used his employer's computers to access pornographic web sites. He was fired after his employer discovered his conduct. Applicant asserts he used his employer's computer to access and view pornography because he suffered depression caused by his work situation. Applicant has subsequently been diagnosed with Major Depressive Disorder with Seasonal Component by a psychiatrist, who has prescribed daily medication. Applicant, who continues to access pornography on his personal computer, attributes his conduct to habit. Applicant failed to mitigate Guideline M and Guideline E security concerns. Clearance is denied.


Alcohol; Personal Conduct

10/31/2006

Between 1981 and 2003, Applicant, a 47-year-old foreman, was arrested and convicted of eight alcohol-related driving offenses. He attended alcohol counseling on three separate occasions between 1985 and 1988. He continues to consume alcohol at lower levels, and to drive. Applicant has not mitigated the government's security concerns regarding his alcohol consumption. He did not intentionally falsify his answers on his security clearance application. He has mitigated the government's concerns regarding his personal conduct. Clearance is denied.


Alcohol

10/31/2006

Applicant's alcohol abuse--punctuated by alcohol-related arrests in December 2002 and October 2003--is mitigated by the passage of three years without recurrence of alcohol-related incidents as well as positive lifestyle changes supportive of sobriety. Clearance granted.


Criminal Conduct; Personal Conduct

10/31/2006

Applicant failed to mitigate criminal conduct and personal conduct allegations. His criminal conduct was from 1979 until 2001. His conduct before 2000 was mitigated by the passage of time and the lack of prosecution. The arrest in 2000 resulted in a sentence of confinement for one year suspended. Applicant failed to report a 200l arrest on his SF 86 at Question 26. He also failed to report it in his initial investigative interview as well as the fact that he was convicted in 2000. Clearance is denied.


Financial

10/31/2006

Applicant is responsible for two delinquent debts, totaling approximately $70,000, which accrued from a line of credit and a loan he obtained and used several years ago to finance his business. His creditors demand $100,000 to settle the debts. Applicant's current annual income is less than $8,000. He is unable to pay his creditors and has no viable plan to pay or settle the debts in the future. Applicant has failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial; Personal Conduct

10/31/2006

Applicant owes state and federal tax authorities approximately $35,000 for tax years 2000 through 2004. He belatedly filed state and federal income-tax returns for these years in June 2005. He failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the security concern under Guideline F. Clearance is denied.


Financial; Personal Conduct

10/31/2006

Applicant has numerous delinquent debts he failed to disclose in a security clearance application he submitted. Clearance is denied.


Foreign Preference; Foreign Influence

10/31/2006

Security concerns were raised regarding a 62-year old Swiss-born naturalized U.S. citizen who has very substantial foreign investments in Swiss bank accounts ($10,000,000) when compared with his substantial U.S. investments ($5,000,000), and who served in the Swiss militia before becoming a U.S. citizen. He chose to maintain his Swiss citizenship to not jeopardize his inheritance since real estate can only be owned by Swiss citizens. Now that the property has been sold, he is willing to consider renouncing his Swiss citizenship as his wife, children, and brother are all U.S. citizens. He intends to move the assets to U.S. banks as soon as the exchange rate improves because to do so at this time would cost Applicant a loss of 15 per cent of the overall value of his holdings. These facts do not constitute an unacceptable security risk. Under the facts herein, the government's security concerns are mitigated. Clearance is granted.


Financial

10/31/2006

Applicant is a 38-year-old electronics technician who has worked for the same defense contractor since November 2002. Following his involuntary military discharge in 2000, Applicant experienced a period of protracted unemployment. In 2001, he and his wife filed for bankruptcy and they divorced in 2002. He addressed the seven delinquent debts at issue, and shown that all but one have been satisfied or disputed. His evidence indicates that the remaining debt was included in the couple's bankruptcy. Applicant mitigated security concerns. Clearance is granted.


Foreign Influence; Foreign Preference

10/31/2006

Applicant, is a dual citizen of Israel and the United States. His mother, sister, and a number of nieces and nephews reside in Israel. Applicant has used an Israeli passport, which he has now surrendered, to visit with his Israeli relatives on a number of occasions. However, Applicant's close ties of allegiance to and his affection for the United States has mitigated the security concerns that existed. Clearance is granted.


Guideline J

10/31/2006

DOHA is not obliged to follow state law in determining whether a state misdemeanor conviction is subject to collateral estoppel in DOHA proceedings. Rather Judges should apply a three part test derived from federal case law. Furthermore Applicant's conviction for simple assault and battery sheds no light on the issue of alleged sexual activity by Applicant. The Administrative Judge erroneously precluded Applicant from presenting evidence related to the issue of his alleged criminal sexual conduct. Adverse decision remanded for a new hearing and decision.


Personal Conduct; Criminal Conduct

10/31/2006

Applicant was convicted of felony aggravated robbery in October 1977. He disregarded advice from company security personnel to be honest and elected to not disclose that offense on his October 2002 security clearance application. Furthermore, Applicant is statutorily disqualified from having a clearance granted or renewed under 10 U.S.C. § 986 since he was incarcerated for over two years for the robbery. Clearance is denied.


Financial; Criminal Conduct

10/31/2006

Guideline J allegations against Applicant were mitigated, and 10 U.S.C § 986 was inapplicable to his case. However, Applicant failed to mitigate Guideline F security concerns arising from his federal income tax delinquencies. Clearance is denied.


Financial

10/30/2006

Applicant and her first husband had more than $68,800 in financial liabilities discharged in bankruptcy in 1997. Thereafter she divorced her husband, was the primary support for her two children, remarried, and accepted legal guardianship of her sister's two children. Since her bankruptcy, she has incurred more than $8,200 in delinquent debt which she has made no effort to resolve. Eligibility for an ADP I/II/III position is denied.


Personal Conduct; Criminal Conduct

10/30/2006

Applicant is 23 years old. While in high school, she was arrested twice for shoplifting, once for disobeying the order of a police officer, and once for disorderly conduct by engaging in an altercation at her senior prom. She was fired from her job as a store cashier after her second arrest for shoplifting, but did not disclose her arrest and firing on her Questionnaire for Public Trust Position (SF 85P). Trustworthiness concerns based on personal conduct and criminal conduct are not mitigated. Eligibility is denied.


Financial

10/30/2006

Applicant's financial problems were encountered shortly after she lost two jobs in August 2001. The financial trouble continued because she could not find another job that paid as well as the ones she had. By the time she returned to work in January 2002, she claimed that though she wanted to repay the listed creditors, she was also aware she did not have the money to repay them. Applicant has done nothing for more than four years to resolve the past due debts. Her inaction demonstrates financial irresponsibility that has not been mitigated by her laudable character evidence. Applicant's eligibility for assignment to a sensitive position is denied.


Financial

10/30/2006

Applicant has a history of financial problems as evidenced by more than $16,000 in bad debt or collection accounts. She failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the concern under Guideline F. Eligibility for assignment to public-trust position is denied.


Drugs; Personal Conduct

10/30/2006

Applicant is 31 years old and works for a federal contractor. When he completed his 2004 security clearance application, he did not disclose his history of marijuana use, including the fact that he used it while holding an interim security clearance. He failed to mitigate the security concerns raised by his drug involvement and personal conduct. Clearance is denied.


Foreign Influence

10/30/2006

Applicant's foreign influence, including close foreign family ties, pose a potential security risk and have not been mitigated.


Foreign Preference

10/30/2006

Applicant's foreign preference has been mitigated. He has surrendered his foreign passport and renounced his foreign citizenship from Lebanon. Applicant has complied with the provisions of the Money Memorandum. Clearance is granted.


Criminal Conduct

10/30/2006

Applicant's felonious, criminal conviction for gross vehicular manslaughter and two alcohol-related offenses in July 1988, and his two-year imprisonment sentence disqualify him from holding a security clearance under Title 10 U.S.C. § 986, absent a waiver by the Secretary of Defense as a meritorious case. Applicant exercised extremely poor judgment by drinking to intoxication, then driving his car into a one-car accident causing the death of his passenger. On the other hand, the passage of time and Applicant's persuasive case in rehabilitation justifies a recommendation for waiver of the prohibition against holding a security clearance. Clearance is denied.


Financial

10/30/2006

Applicant has a history of financial problems as evidenced by more than $22,000 in delinquent consumer debt. She failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the security concern under Guideline F. Clearance is denied.


Financial; Personal Conduct

10/30/2006

Applicant is a 56-year-old aircraft mechanic working for a U.S. Government contractor. He admitted having three delinquent debts, amounting to approximately $11,755, but denied intentionally falsifying his security clearance application when he failed to disclose the existence of those delinquent debts. Applicant mitigated security concerns regarding his personal conduct, but failed to mitigate security concerns arising from financial considerations. Clearance is denied.


Financial

10/30/2006

Applicant, who is 45 years old and single, has a history of financial difficulties. At his hearing, Applicant demonstrated he had recently made progress in paying or arranging to pay some of his debts. While Applicant's recent efforts to satisfy his creditors are laudable, they are not a substitute for a consistent record of timely remedial action. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations, of the Directive. Clearance is denied.


Financial; Personal Conduct

10/30/2006

Applicant accumulated numerous delinquent debts between April 1999 and March 2004. He made partial payments on several debts and filed a petition for bankruptcy after learning his delinquent debts could hinder his application for a security clearance. He falsely answered "no" to questions on his security clearance application (SF 86) asking if he had delinquent debts. Security concerns based on financial considerations and personal conduct have not been mitigated. Clearance is denied.


Criminal Conduct; Personal Conduct

10/30/2006

Applicant is 47 years old, unmarried, and is a medical records specialist for a government health care provider. Applicant had several arrests in the 1990s for driving while intoxicated and assaults. She did not disclose these arrests on her trustworthiness applications in 2003 and 2004. Applicant mitigated her criminal conduct and personal conduct trustworthiness concerns. Her eligibility for assignment to sensitive positions is granted.


Drugs; Personal Conduct

10/30/2006

Applicant's use of methamphetamine in August 2002 raises concerns under Guideline H, Drug Involvement. The drug involvement concern is mitigated based on recency. He has not used illegal drugs in over four years and has no intention to abuse illegal drugs in the future. His deliberate omission of said drug use on a 2004 security clearance application raise security concerns under Guideline E, Personal Conduct. He has not met his burden to mitigate the security concern under personal conduct. Clearance is denied.


Financial

10/30/2006

Applicant is 61 years old and works for a federal contractor. In 1995 he was notified by a state taxing body that he owed additional income tax for a matter related to a prior divorce. After contacting the state in 1995, he believed the matter had been resolved. However, a tax lien appeared on a 2004 credit report regarding it. He mitigated the security concerns raised by financial considerations. Clearance is granted.


Financial

10/30/2006

Applicant failed to mitigate financial concerns arising from delinquent debts exceeding $9,000.00 including one credit card debt for almost $8,000.00. No mitigating conditions are applicable. Eligibility for a public trust position is denied.


Alcohol; Criminal Conduct

10/30/2006

Forty-two-year-old Applicant was convicted of driving while under the influence of alcohol in 2003, and his probation was vacated due to consumption of alcohol in 2005. Applicant did not provide any evidence of rehabilitative efforts and failed to mitigate security concerns about his criminal conduct and alcohol consumption. Clearance is denied.


Foreign Influence

10/30/2006

Applicant's wife, a citizen of Morocco, resides with him in the U.S. Her parents are citizens and residents of Morocco. Applicant traveled to Morocco at least five times since 1999 to visit family and a friend. Applicant's sister, a U.S. citizen, is employed in the U.S. by a Middle-Eastern government to identify qualified undergraduate and graduate students from that country and to assist them with entry to the U.S. on student visas. Applicant's familial and friendship ties to Morocco and his sister's employment by a foreign government raise serious Guideline B security concerns because they could be exploited by terrorist groups, resulting in the compromise of classified information. Clearance is denied.


Financial

10/30/2006

Applicant is a 64-year-old male serving on the board of directors of a defense contractor. After completing his purchases in a store and eating it its café, he was detained in a store for consuming some Ibuprofen he had not yet bought. When his earlier purchases were returned to him, a tax software package for which he had not paid was found in his previously unattended cart. He was charged with Theft by Shoplifting (over $50) and, on the advice of a court administrator, he entered a pretrial diversion deferred prosecution agreement. Applicant has mitigated security concerns regarding his criminal conduct. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

10/30/2006

Applicant engaged in a pattern of drug-related criminal conduct from approximately 1977 to January 1993. However, the passage of time and a credible case in rehabilitation justifies a finding for him under the drug involvement guideline. A finding in his favor would also be warranted under the criminal conduct guideline. However, his criminal conviction and four year prison sentence requires a finding he is ineligible for a security clearance under 10 U.S.C. § 986. Moreover, he has failed to mitigate his deliberate falsifications of his security form in July 2003. Clearance is denied.


Criminal Conduct; Personal Conduct

10/30/2006

Applicant's March 2002 arrest for cocaine possession and his adverse employment history disqualify him for a security clearance. Clearance denied.


Sexual Behavior; Personal Conduct; Financial; Criminal Conduct

10/30/2006

Security concerns about an allegation of inappropriate sexual contact with his daughter, and related criminal and personal conduct concerns were not established. The financial concerns are mitigated because Applicant settled his largest debt before the Statement of Reasons was issued, and the others were incurred by his ex-wife. However, he failed to overcome criminal and personal conduct concerns presented by his deliberate omission from his security clearance application (SF 86) of information about his arrest record and a car repossession. Clearance is denied.


Alcohol; Drugs; Financial; Personal Conduct

10/30/2006

Applicant failed to mitigate security concerns about her history of alcohol and drug abuse and her financial delinquencies. She also failed to answer truthfully a question about her drug use on her security clearance application, and she provided no credible explanation for her failure to do so. Clearance is denied.


Financial

10/30/2006

Applicant incurred numerous delinquent debts after leaving his wife in 1997. He disputed some debts and resolved some, but the trustworthiness concern based on four delinquent debts totaling more than $16,000 was not mitigated. Eligibility for assignment to sensitive positions is denied.


Personal Conduct; Criminal Conduct

10/30/2006

Applicant deliberately falsified two security clearance applications, lied about his illicit substance abuse in a sworn statement, continued to use marijuana after he was granted a clearance, and was convicted of operating under the influence of alcohol (second offense). He now repudiates prior admissions of drug use and claims falsely that after high school he had merely been in the presence of others using marijuana. Clearance is denied.


Foreign Influence; Security Violations; Personal Conduct

10/30/2006

Applicant's foreign family ties do not pose a security risk. His two security violations in 1997, have not been repeated and have been mitigated by additional security training and demonstrated rehabilitation. Clearance is granted.


Alcohol; Criminal Conduct; Financial; Personal Conduct

10/30/2006

Applicant was convicted of a 1992 felony assault with a motor vehicle while intoxicated following an accident in which his young daughter was left a quadriplegic. After five years of abstinence, he resumed drinking and was arrested for drunk driving in May 1999. Alcohol consumption concerns and alcohol-related criminal conduct concerns are mitigated by the absence of any abusive drinking since 1999 and abstinence since March 2004. Financial considerations raised by three bad debts are mitigated since he has satisfied one of the debts and is not incurring new delinquent debt. Personal conduct concerns exist because he falsely denied any alcohol-related offenses when he completed his security clearance application in August 2001. Clearance is denied.


Foreign Influence

10/30/2006

The government's evidence did not establish that Applicant had immediate family members living in the People's Republic of China (PRC). Alternatively, Applicant demonstrated that those family members were not agents of a foreign government or so situated as to provide a point of influence on Applicant. Clearance granted.


Guideline B; Guideline C; Guideline E

10/27/2006

The Board concludes the Judge's findings of fact are sustainable. Applicant has not demonstrated that the Judge erred in considering several documents. Mere disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate that the Judge erred. Adverse decision affirmed.


Financial; Personal Conduct

10/26/2006

This 34-year-old security officer has a history of delinquent debts exceeding $67,000 and that remain unresolved. In addition she intentionally omitted any mention of the repossessions and delinquent debts on her security clearance application. Mitigation has not been established. Clearance is denied.


Guideline C; Guideline B

10/26/2006

The Judge's conclusion that Applicant's Iranian relatives were not in a position to be exploited by Iran's government is not supported by the record evidence. There is a rebuttable presumption that an applicant's ties to immediate family members are not casual and infrequent. There is no record evidence to rebut the presumption. The Judge's whole person analysis is unsupported by the record evidence. Favorable decision reversed.


Guideline F

10/26/2006

The fact that Applicant can argue for an alternative interpretation of the evidence is alone not sufficient to demonstrate error. The Board does not have to agree with the Judge's findings to affirm them. The challenged findings are permissible characterizations of the evidence. So long as an applicant has fir notice about the matters at issue in his case and a reasonable opportunity to respond, a security clearance case should adjudicated on its merits and not overly concerned with pleading niceties. Conduct not alleged in the SOR may still be considered for several purposes. Applicant received a full and fair hearing with ample opportunity to present his case. Adverse decision affirmed.


Financial

10/25/2006

Forty-four year-old Applicant had twelve alleged debts and a 2001 bankruptcy listed in the statement of reasons (SOR). She established that six SOR debts were discharged by bankruptcy. However, she admitted that she was not making payments on the other six delinquent debts, including one for $6,487.00. She has failed to mitigate concerns about financial considerations. Eligibility for an ADP I/II/III position is denied.


Financial; Personal Conduct; Criminal Conduct

10/25/2006

Applicant is 53 years old and has worked for his current employer, a federal contractor since 2003. He started to have financial problems when he and his wife had serious medical issues and he had a period of unemployment. He has regained his health and has been back at work since 2003. He disputes many of his debts, but has not resolved them. He claimed he did not know his debts were delinquent, but the evidence is to the contrary. He told people he worked with on a military base that he had served in the military when he did not. He has been given written warnings on two occasions by his employer for violating company policies and lying. Applicant failed to mitigate the security concerns under Guideline F, financial considerations, Guideline E, personal conduct, and Guideline J, criminal conduct. Clearance is denied.


Criminal Conduct

10/25/2006

In June 2000, Applicant pleaded guilty to the charge of intoxicated (vehicular) manslaughter, a second-degree felony. He was sentenced to serve 30 months in prison and he served all 30 months. He was released from custody in December 2002, and as of April 2005, he continues to consume alcohol on an occasional basis. Applicant failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the criminal conduct security concerns. In addition--based on serving more than one year of imprisonment--he is disqualified from having a security clearance granted or renewed by the Defense Department under 10 U.S.C. § 986(c)(1). Clearance is denied.


Foreign Preference; Foreign Influence

10/25/2006

Applicant is a dual citizen of the United States and Israel. Two of her children and four grandchildren are dual citizens of the United States and Israel residing in Israel. Her two sisters are citizens of and reside in Israel. Her contact with her family members cannot be described as casual and infrequent. However, foreign influence concerns are mitigated. Applicant's family members residing in Israel are not agents of a foreign power. She has lived in the United States for 27 years and has 10 year history of superior work performance with her current employer. Her refusal to surrender her Israeli passport fails to mitigate foreign preference concerns. Applicant's eligibility for assignment to a sensitive position is denied.


Financial; Personal Conduct

10/25/2006

Applicant and his wife became financially overextended, and they both obtained separate Chapter 7 bankruptcy discharges. They divorced shortly thereafter, and Applicant found himself with large debts but drastically less household income. His financial problems were exacerbated by physical disability, uninsured medical expenses, and uninsured hurricane damage to his home. He plausibly and credibly explained why he failed to disclose his financial problems on his security clearance application (SF 86). He has rebutted the allegation of falsifying his SF 86, but he has not mitigated the security concern based on financial considerations. Clearance is denied.


Financial; Personal Conduct

10/25/2006

Applicant is 30 years old and works for a federal contractor. He accumulated a significant amount of debt during a period of unemployment or low paying positions, which he has been paying over the last year. When he completed his security clearance application in August 2003, he did not disclose two delinquent debts. He mitigated the security concerns raised by financial considerations and personal conduct. Clearance is granted.


Sexual Behavior, Personal Conduct

10/25/2006

Applicant's participation in inappropriate sexual conduct with a stranger in a public restroom, followed by his subsequent arrest, raises sexual behavior and criminal conduct security concerns. He informed both his domestic partner and his employer of the incident, successfully completed probation, and voluntarily attended counseling. He has engaged in neither such conduct nor any other criminal conduct since the incident. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

10/25/2006

Applicant's long-standing financial difficulties, pattern of dishonesty and rule violations, and criminal conduct preclude a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Criminal Conduct; Personal Conduct; Drugs

10/24/2006

Applicant is 23 years old and works part-time for a company that administers government health care benefits. In 2002 she was cited six times for driving on a suspended license. In 2004 she was again cited and charged with retail theft on two occasions. During that same year she used illegal drugs. The Government alleged she failed to disclose some of her previous misconduct when she was interviewed by an investigator. She has not used illegal drugs since 2004 and presented sufficient evidence of rehabilitation. She mitigated the trustworthiness concerns raised by her criminal and personal conduct, as well as those raised by her drug involvement. Her eligibility for assignment to a sensitive position is granted.


Alcohol; Drugs; Personal Conduct

10/24/2006

The recency and extent of (1) applicant's drug and alcohol abuse, and (2) intentional falsifications of material facts on a Security Clearance Application (SCA) and during an interview with a DoD investigator, precludes a finding that it is now clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

10/24/2006

Applicant owes approximately $30,259 in delinquent debt. Most of the debts became delinquent in 2003 during a six month period of unemployment. She has been employed with her current employer for approximately two years. During this time, she took no steps towards resolving her delinquent accounts. I find Applicant did not intentionally falsify her trustworthiness application. I find for her under Personal Conduct and Criminal Conduct. However, based on her current and past financial history, it is too soon to conclude her financial situation is under control. Applicant's eligibility for assignment to a sensitive position is denied.


Foreign Influence

10/24/2006

The foreign citizenship of applicant's husband and two siblings do not constitute an unacceptable risk. Determination of Trustworthiness is granted.


Alcohol

10/24/2006

Applicant has a history of abusing alcohol from the 1970s to December 31, 2005. While he has forsworn any future involvement with alcohol because of the serious risks it poses to his health, it is too soon to conclude that his alcohol abuse is safely in the past. Clearance is denied.


Financial

10/24/2006

Applicant mitigated the security concerns raised by his adverse financial history by demonstrating 1) that his financial difficulties were largely due to circumstances beyond his control, 2) that he had dealt responsibly with his creditors as his means permitted, 3) that he had begun to deal with his delinquent accounts before the SOR was issued, and 4) that all the debts alleged in the SOR had been addressed well before the hearing. Clearance granted.


Alcohol; Personal Conduct; Criminal Conduct

10/24/2006

This 38-year-old engineer has a history of alcohol problems that ended in early 2003. His rehabilitation is attested to by his successful completion of a treatment program, and by three years of abstinence, favorable testimony from others, and letters of recommendation. He did not intentionally falsify his answer to Question 24 on his SF 86. Mitigation has been adequately established. Clearance is granted.


Foreign Influence

10/24/2006

Applicant is married to a citizen of Russia who resides with him in the U.S. His mother-in-law is a citizen and resident of Russia. The security concern based on foreign influence is not mitigated. Clearance is denied.


Drugs; Personal Conduct; Financial; Criminal Conduct

10/23/2006

Applicant is 56 years old and works as a contract administrator for a company that administers government health care benefits. Since 1968 he has used marijuana with varying frequency. Over the last 20 years he has not managed his financial affairs, resulting in a Chapter 7 bankruptcy in 2005. When completing his SF-85P application, he failed to disclose some of his delinquent debts. He did not mitigate the trustworthiness concerns raised by his drug involvement and financial considerations. He did mitigate those raised by his personal and criminal conduct. His eligibility for assignment to a sensitive position is denied


Financial; Personal Conduct

10/23/2006

Applicant is a 56-year-old computer programmer for a defense contractor working with medical information for military hospitals. She has worked for her present employer for 38 years She and her husband filed for bankruptcy under Chapter 13 in 2004 for delinquent debts totaling over $25,000.00 but it was dismissed in 2005. Most of the debts were incurred by her husband. They have a dispute pending with counsel in the bankruptcy but very little has been done since then to resolve them. Since the hearing they have enrolled in a credit counseling program. She failed to acknowledge the debts at Question 20 and a federal tax lien at Question 19 of her SF 85P. Clearance is denied.


Financial

10/23/2006

Despite receiving some group credit counseling, and recently hiring a law firm to file a Chapter 13 bankruptcy, Applicant failed to mitigate security concerns raised by his more than $32,000 in delinquent debt. Clearance is denied.


Foreign Preference; Foreign Influence

10/23/2006

Applicant holds an active Australian passport. His mother is an Australian citizen residing in the U.S. His grandfather is a citizen and resident of Australia. His brother and sister are dual U.S.-Australian citizens residing in the U.S. His spouse, father-in-law, and mother-in-law are citizens and residents of Austria. Security concerns based on foreign preference and foreign influence are not mitigated. Clearance is denied.


Drugs; Personal Conduct

10/23/2006

Applicant used marijuana approximately 15 times from fall 1997 to August 2004, and approximately seven times from April 2004 to August 2004 while he held a clearance. He falsified his September 2000 and February 2002 clearance applications by wilfully concealing this drug history. Clearance denied.


Alcohol; Criminal Conduct

10/23/2006

Applicant was convicted of three separate Driving While Under the Influence offenses following arrests in December 1999, December 2002, and January 2003. In early 2004, he was convicted of driving without a driver's license violating the sentencing terms of his December 2002 and January 2003 DUI convictions. He was sentenced to 30 days in jail. Applicant also continued to consume alcohol despite participating in Alcoholics Anonymous. Viewing the evidence as a whole, he has not mitigated alcohol consumption and criminal conduct concerns. Clearance is denied.


Guideline B

10/23/2006

The Appeal Board's authority to a review a case is limited. Applicant has not alleged harmful error. Adverse decision affirmed.


Guideline B

10/23/2006

One of the challenged findings of fact is supported by substantial record evidence. The record is inconclusive with regard to the other challenged finding, but even if it is error, then it is harmless. Adverse decision affirmed.


Financial; Personal Conduct

10/20/2006

Applicant is 47 years old and is employed by a defense contractor. His field security officer submitted an adverse information report, and the resulting investigation revealed that Applicant has a history of not meeting his financial obligations. His delinquent debts total more than $30,000, including credit card debt, unpaid utility accounts, and a tax liability of approximately $14,000, which is owed to the Internal Revenue Service. Moreover, he used his company credit card for personal expenses, which resulted in formal counseling, as well as a wage garnishment. Applicant has not mitigated security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

10/20/2006

Applicant has a criminal history involving assault and battery and illegal drug possession committed when she was in abusive personal relationships. Having benefitted from group therapy with other victims of domestic violence, similar conduct is not likely to recur, but criminal conduct and personal conduct concerns persist where she was not candid about her arrest record on her October 2003 security clearance application and has not yet paid her restitution for welfare fraud. Clearance is denied.


Criminal Conduct

10/20/2006

Applicant is 54 years old and drives a truck for the federal government contractor. He and his wife had a foster home and took in high risk youths. After a child had an altercation with his wife and was threatening her, he pulled the child away from his wife. The child then accused him of sexually assaulting her. He has consistently and vehemently denied the charges, but after two years in the court system and spending his life's saving to defend himself, he pled guilty to a misdemeanor assault charge. His probation officer did not believe he committed the offense. Applicant was never in trouble before or since. He has successfully mitigated the criminal conduct security concerns. Clearance is granted.


Guideline E; Guideline J

10/20/2006

The Judge's piecemeal analysis of the two falsification episodes. Failed to reflect a reasonable interpretation of the full evidentiary record. The Judge's favorable application of the mitigating conditions is contrary to the weight of the evidence and arbitrary and capricious. Favorable decision reversed.


Guideline F

10/20/2006

The Board cannot consider new evidence on appeal. The Board's authority is limited to cases in which the appealing party has alleged harmful error. Adverse decision affirmed.


Criminal Conduct; Personal Conduct; Financial

10/20/2006

Applicant has an extensive history of criminal conduct (street crime and drug offenses) that ended in about 1989. He has a history of financial problems, to include a Chapter 7 bankruptcy, state and federal tax debts, past-due child support, and delinquent consumer debt. He gave a false answer about his drug-related criminal conduct when he completed a security-clearance application in April 2003. He failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from these matters. Clearance is denied.


Criminal Conduct

10/19/2006

Applicant's history of criminal infractions generates a trustworthiness concern. The infractions were minor in nature, and occurred more than two years ago when he was an immature youth. He is now a mature, law-abiding citizen who is focused on raising his daughter, working, and earning a bachelor's degree. Eligibility to occupy a sensitive position is granted.


Financial

10/19/2006

Applicant has a history of financial delinquencies and unpaid debts. He currently owes approximately $50,000 in education loans and more than $42,000 in consumer debt. In April 2006, Applicant committed to a repayment plan to satisfy his consumer debt, and he intends to pay off his debts in monthly payments of approximately $1,100 over a period of four years and three months. While Applicant's effort to repay his creditors is a positive sign, his short history of repayment is insufficient to demonstrate he has overcome his history of financial over-extension. Applicant has failed to mitigate Guideline F financial concerns. Clearance is denied.


Personal Conduct

10/19/2006

Applicant, a fee unit supervisor for a defense contractor, seeks a clearance in conjunction with her duties. Applicant raised personal conduct concerns when she provided false information on her security clearance application denying a past felony arrest and later denying her felony arrest when interviewed by the Defense Security Service. She has failed to mitigate personal conduct concerns raised. Clearance is denied.


Foreign Influence

10/19/2006

Applicant was married to a Cuban citizen, and she traveled to Cuba to visit her spouse and his family. Her mother, stepfather, and siblings were citizens and residents of Honduras. She separated from her Cuban spouse in May 2005, divorced him in December 2005, and had no further contact with his family. Her Honduran mother and stepfather died in 2004. She has had virtually no contact with her siblings since 1986. She has refuted the allegations regarding her spouse and parents and mitigated the security concern based on the citizenship and residences of her siblings. Clearance is granted.


Guideline E; Guideline J; Guideline G

10/19/2006

The Judge's analysis failed to consider important aspects of the case including a long-term pattern of excessive or abusive alcohol consumption and Applicant's stated intent to continue drinking and driving. Favorable decision reversed.


Criminal Conduct; Personal Conduct; Financial

10/19/2006

Applicant is 35 years old and works for a federal contractor. He has a history of criminal conduct and financial problems. When he completed his 2000 Questionnaire for National Security Positions, he did not disclose an employment termination, two criminal arrests and a delinquent debt. He failed to mitigate the security concerns raised by his criminal and personal conduct, but did mitigate those raised by his financial problems. Clearance is denied.


Guideline M; Guideline E

10/19/2006

The Federal Rules of Civil Procedure are not binding in DOHA proceedings. Department Counsel's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate error. Favorable decision affirmed.


Guideline B; Guideline E; Guideline J

10/19/2006

Applicant's argument that the Judge did not consider all the evidence is not persuasive. The Administrative Judge articulated a rational basis for her conclusion that Applicant's circumstances including the political and intelligence profiles of the People's Republic of China and Taiwan, increased Applicant's vulnerability to foreign influence. Similarly, given the record evidence, the Judge's adverse conclusions under Guideline E and J are also sustainable. Adverse decision affirmed.


Financial; Personal Conduct

10/18/2006

Applicant is 49 years old and has served as a systems engineer since November 2004. Her outstanding delinquent debts total approximately $18,133 and she admits to debts totaling $17,733. She deliberately falsified questions on her security clearance application when divulging information about her financial situation. Applicant has not mitigated security concerns. Clearance is denied.


Financial

10/18/2006

This 44-year-old web designer has a history of financial problems that began with the breakup of her marriage, leading to a divorce in December 1997 and the financial problems that ensued. She had 12 delinquent debts totaling about $12,500. She has received credit counseling and has paid off six of the 12 creditors, with a formal plan to pay the rest per agreements with the creditors. She has documented the payments and her efforts to resolve the rest. Substantial mitigation has been established. Clearance is granted.


Criminal Conduct; Personal Conduct; Sexual Behavior

10/16/2006

The recency and extent of applicant's intentional falsifications of material facts on a Security Clearance Application (SCA) requires a denial of his clearance request. Clearance is denied.


Financial

10/16/2006

Applicant has two past overdue debts, in an amount of more than $55,000, that have been not been resolved. Although Applicant contends that theses debts were initially incurred by his wife at the time, without his knowledge, he is still responsible for the payment of these debts. Mitigation has not been established. Clearance is denied.


Financial

10/13/2006

The Applicant has only begun the process of paying over $24,000.00 in past due debt. Her conduct does not show sufficient mitigation of the allegations against her. Adverse inference is not overcome. Clearance is denied.


Guideline F

10/13/2006

The presence of some mitigating evidence does not alone compel a Judge to issue a favorable security clearance decision. Adverse decision affirmed.


Guideline K; Guideline M; Guideline E

10/13/2006

The fact that Applicant can argue for an alternative interpretation of the evidence is not alone sufficient to demonstrate error. The Judge's decision articulated a rationa basis for her conclusions. Advserse decision affirmed.


Guideline C; Guideline B

10/13/2006

Department Counsel's alternative interpretation of the evidence is insufficient to demonstrate that the Judge erred. The Board need not agree with the Judge's whole person analysis to find it sustainable. Favorable decision affirmed.


Drug Involvement

10/12/2006

This 25 year old Applicant used Marijuana from 2000 until at least September 2005. He has stated that he stopped using Marijuana, and he will not use it in the future. However, he never informed the Government when he last used it. Because of the recency of his Marijuana usage, and because in his SCA (Security Clearance Application), dated September 22, 2005, he indicated that he intended to continue using Marijuana, it is too soon to determine that Applicant will not use Marijuana in the future. Mitigation has not been shown. Clearance is denied.


Guideline E

10/12/2006

There is a rebuttable presumption that an Administrative Judge is impartial and unbiased and a party seeking to rebut that presumption has a heavy burden on appeal. Applicant has not met that burden. Given the circumstances the Judge's conclusion that Applicant made admissions in his response to the SOR is not error. The Judge made a harmless error in identifying a third person. Applicant is correct that a credibility determination is not a substitute for evidence. .The burden is on Applicant to rebut, explain, extenuate, or mitigate disqualifying facts. Adverse decision affirmed.


Guideline B

10/12/2006

In DOHA proceedings the Federal Rules of serve only as a guide that may, with one exception, be relaxed in order to permit the development of a full and complete record by the parties. The Judge acted within his discretion by taking of a challenged document. Applicant arguments regarding Applicant's weighing of the evidence do not demonstrate that the Judge erred. Adverse decision affirmed.


Foreign Preference; Foreign Influence

10/11/2006

Applicant a dual citizen of the United States and Iran, has acted in such a way as to indicate a preference for a country other than the United States. He applied for, and renewed an Iranian passport, and he used it to enter and exit Iran, after he became a United States citizen in 1989. His Iranian passport has now expired, although he never relinquished it to the proper Iranian authorities. Applicant has a very close relationship with his family, who are citizens and residents of Iran. Mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

10/10/2006

Applicant has been experiencing significant financial problems for many years. She has done very little to address these problems. Determination of Trustworthiness is denied.


Guideline C; Guideline B

10/10/2006

A review of the Judge's decision indicates that it lacks any analysis that relates the facts of the case to Mitigating Condition 1 of Guideline B. There is a paucity of evidence in this case. In foreign influence cases the nature of the government involved, its intelligence gathering history, and the presence of terrorist activity are important evidence which provide context for the other evidence of record and must be brought to bear on the Judge's ultimate conclusions. Favorable decision reversed.


Guideline H; Guideline E; Guideline J

10/10/2006

Applicant's statements about her intent and state of mind were relevant evidence but not binding on the Judge. A party's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Guideline E; Guideline J

10/5/2006

Applicant's disagreement with the Judge's weighing of the evidence does not demonstrate error. The Judge considered and referred to favorable evidence. Adverse decision affirmed.


Guideline K; Guideline E

10/05/2006

Security violations are one of the strongest possible reasons for denying for revoking access to classified information. In this case the Judge found more than an indicator of a risk that Applicant might commit a security violation. Given the record evidence, the Judge's ultimate conclusions are sustainable. Adverse decision affirmed.


Financial; Personal Conduct

10/04/2006

Applicant failed to present sufficient evidence to explain, extenuate, or mitigate the security concern arising from his history of financial irresponsibility. In addition, he is unable to rebut, explain, extenuate, or mitigate the security concern stemming from the false answers he gave about his financial record when he completed two security-clearance applications. Clearance is denied.


Personal Conduct; Criminal Conduct

10/04/2006

Applicant engaged in multiple acts of criminal conduct between 1995 and 2003, including drug, alcohol, and weapons offenses, breach of the peace, and intentionally making several false statements to the government regarding information material to an assessment of his suitability to hold a clearance. He has failed to mitigate the security concerns arising from his conduct. Clearance is denied.


Financial; Personal Conduct

10/03/2006

Applicant's financial difficulties are long-standing and unlikely to be resolved anytime soon. Clearance is denied.


Financial; Personal Conduct

10/03/2006

Applicant's financial difficulties are long-standing and unlikely to be resolved anytime soon. Clearance is denied.


Financial

09/29/2006

Applicant is an employee of a defense contractor. Since 2002, he experienced a financial downward spiral when his wife's work hours were reduced from 30 to 8. Delinquent bills accumulated and they now total approximately $24,912.16. His expenses continue to exceed his income. Applicant has not mitigated the financial considerations security concerns. Eligibility for an ADP I/II/III position is not granted.


Criminal Conduct; Personal Conduct

09/29/2006

Applicant, an officer in the United States Marine Corps, received a General Court-Martial in August 2002, and was sentenced to confinement, forfeiture of all pay and allowances, and dismissal from the Marine Corps. On appeal, the U.S. Navy-Marine Corps Court of Criminal Appeals affirmed the sentence. Applicant remains on appellate leave pending appeal to the U.S. Court of Appeals for the Armed Services. Applicant failed to mitigate security concerns under the Criminal Conduct and Personal Conduct guidelines of the Directive. Clearance is denied.


Criminal Conduct; Personal Conduct

09/29/2006

Applicant is a 23-year-old health insurance claims processor who has worked for the same defense contractor since 2004. While a teenager, he was dared into stealing beer from a store. The police escorted him home and he was fined $100. He failed to include this incident on a 2004 questionnaire because he was not formally arrested and he did not consider the incident to be a charge or conviction. In early 2005, he pled guilty to the charge of Operating a Motor Vehicle While Intoxicated. After a night in jail, he was "scared straight" and is committed to never drinking and driving or being in such a position again. Applicant has shown that his conduct does not pose an unacceptable risk. Eligibility for an ADP I/II/III position is granted.


Alcohol; Personal Conduct

09/29/2006

Applicant has been charged on three occasions with misconduct involving underage consumption of alcohol. She admits she continues to drink even though she is underage. She applied for a position of trust two days after being charged with underage drinking, but she did not disclose that charge on her application. Trustworthiness concerns based on alcohol consumption and personal conduct are not mitigated. Eligibility for assignment to sensitive positions is denied.


Alcohol

09/29/2006

Applicant's seven-year history of periodically excessive alcohol consumption generates a security concern. Although he testified persuasively about the insight into the potential dangers of alcohol abuse that he acquired from a court-ordered alcohol education program completed in February 2006, it is too soon to conclude, given the recency of the alcohol arrests, that his alcohol consumption no longer poses a security concern. Clearance is denied.


Alcohol

09/29/2006

Applicant's seven-year history of periodically excessive alcohol consumption generates a security concern. Although he testified persuasively about the insight into the potential dangers of alcohol abuse that he acquired from a court-ordered alcohol education program completed in February 2006, it is too soon to conclude, given the recency of the alcohol arrests, that his alcohol consumption no longer poses a security concern. Clearance is denied.


Personal Conduct; Criminal Conduct

09/29/2006

Applicant is 53 years old, married, and has two adult children. He works for a defense contractor. He did not disclose his former wife from whom he was divorced in 1978, his adult children, and a 1981 arrest for marijuana trafficking on his 2005 security clearance application. Applicant mitigated the personal conduct and criminal conduct security concerns. Clearance is granted.


Foreign Influence

09/29/2006

The government's evidence failed to establish that Applicant's contact with Pakistani nationals--none of whom were immediate family members--were anything other than casual and infrequent. Further, Applicant fully disclosed the details of those contacts to the government, as required. Clearance granted.


Sexual Behavior; Personal Conduct; Alcohol; Criminal Conduct

09/29/2006

Applicant was convicted of driving under the influence of alcohol in 1992 and 2002, and battery in 2000. He has failed to mitigate the security concerns his criminal and personal conduct have created. Clearance is denied.


Financial

09/29/2006

Applicant has a history of financial delinquencies. In recent years, her income has increased, and her annual salary is now approximately $80,000. While Applicant satisfied many of her smaller delinquencies, at the time of her hearing she owed approximately $60,000 in federal and state tax liens. The federal tax liens encompassed the period from 1993 to 2002, and the state tax liens encompassed the period from 1998 through 2002. Although she had offers of compromise pending before federal and state tax authorities, Applicant had no concrete and verifiable plan to satisfy those debts while also meeting her current financial obligations. Applicant failed to mitigate Guideline F financial concerns. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

09/29/2006

Applicant mitigated the security concerns raised under foreign preference by demonstrating that she did not consider herself a dual citizen of Jamaica, that she became subject to administrative revocation of her Jamaican citizenship under Jamaican law when she became a naturalized U.S. citizen in June 1997, she had surrendered her Jamaican passport to the Jamaican Embassy in May 2006, and was willing to renounce her Jamaican citizenship. She mitigated the security concerns raised under foreign influence by demonstrating that her father--a U.S. citizen residing in Jamaica--was not an agent of a foreign government or so situated as to provide a point of influence on Applicant. Clearance granted.


Financial; Personal Conduct

09/29/2006

Applicant is a 53-year-old office assistant working for a defense contractor. Shortly after refinancing their home in 2004, she discovered her husband was having an affair. The couple separated and, left to cover expenses solely on her own, she filed for Chapter 7 Bankruptcy while undergoing some health issues. Of approximately $5,500 in debts, she has satisfied about $1,500, is in repayment or has made arrangements to repay approximately $1,030, and the remainder consists of disputed medical bills her health insurer did not address. Applicant has mitigated security concerns. Clearance is granted.


Financial; Personal Conduct

09/29/2006

Applicant is 49 years old and has worked for a federal contractor since 2004. She lost her high paying job in January 2002, and had numerous credit card debts, retail store debts, and other debts that became delinquent. She had been previously making payments on the debts, but many were minimum payments. She started gambling when casinos opened in her state in 1999. She continued to gamble despite losing her job and not having money to pay her bills or to hire an attorney to file for bankruptcy. Applicant failed to mitigate the trustworthiness concerns based on financial considerations and personal conduct. Eligibility for assignment to sensitive positions is denied.


Alcohol

09/29/2006

Applicant's alcohol abuse--punctuated by alcohol-related arrests in August 2000, February 2003, and July 2003--was not mitigated because Applicant demonstrated little insight into his alcohol abuse and continued to drink to the point of intoxication. Clearance denied.


Drugs, Criminal Conduct, Personal Conduct

09/29/2006

Applicant's history of drug-related charges, and her omission of some of them from a 2004 security clearance application generates drug involvement, criminal conduct, and personal conduct security concerns. Although her most recent charge was more than two years ago, and she successfully complied with the terms of probation, her past conduct remains a security concern because of its recurring nature, its recency, and the lack of credibility she displayed when discussing it at the hearing. Clearance is denied.


Personal Conduct, Criminal Conduct

09/29/2006

Applicant is 35 years old and has been employed since 2003 as a quality inspector for a defense contractor. He was terminated from former employment in 2003 for violating the company's workplace safety and harassment free workplace policy. He has several arrests for domestic violence assaults. Applicant deliberately falsified questions in his security clearance application. Clearance is denied.


Criminal Conduct, Personal Conduct

09/29/2006

While Applicant's criminal conduct and his personal conduct in omitting material information from his security form raised serious security concerns, Applicant has rebutted these concerns. He established that there were medical reasons for his failure to reveal all of his criminal arrests and convictions on his security form and that he had no intent to falsify. Further, there is no evidence that he was involved with any criminal activity since 1990. This subsequent clean record establishes his rehabilitation and mitigates the 1970, 1974, 1980, 1981, and 1990 incidents. While after the 1974 charge and conviction, he was sentenced to serve four years, there is no evidence in the record that in fact he actually served more than one year. Thus, the 1974 criminal conviction and incarceration do not fall within 10 U.S.C. Section 986, as amended. Clearance is granted.


Financial; Personal Conduct

09/29/2006

Applicant has a history of delinquent debts she accrued during periods of unemployment. Applicant has since paid most of her accumulated debts, worked out repayment arrangements with three of the remaining, and successfully disputed the other remaining two debts. Applicant by her demonstrated good-faith payment efforts mitigates security concerns associated with her delinquent debts, and she successfully mitigates allegations of falsification of her security clearance application (SF-86). Clearance is granted.


Personal Conduct; Criminal Conduct

09/29/2006

Applicant is 49 years old, married with three children and four grandchildren. He has a history of illegal drug use going back to 1973. He deliberately falsified his 1989 and 1996 security clearance applications about his drug use, and made false statements to Government investigators in those years. Applicant has not mitigated the personal conduct and criminal conduct security concerns. Clearance is denied.


Personal Conduct; Criminal Conduct

09/29/2006

Applicant is 51 years old, married with two adult children and two grandchildren. He works as a locksmith and general maintenance man for a defense contractor. His work performance is very good. However, he smoked marijuana from 1992 to 1999, was arrested for possession of it in 1996, and deliberately falsified his answers on his 2002 security clearance application when asked about any past drug arrests, convictions, or usage in the previous seven years. Applicant did not mitigate the personal and criminal conduct security concerns. Clearance is denied.


Foreign Preference; Foreign Influence

09/29/2006

Applicant, who is a U.S. naturalized citizen and is a citizen of Iran solely by virtue of his birth and his parents' birth in the country, and who applied for and obtained an Iranian passport for use in traveling to and from Iran to see his mother and family, fails to absolve himself of preference concerns, despite his being a U.S. citizen since 1989 and his having no identified vested financial interests in Iran. Because Applicant's immediate and extended family members who reside in Iran 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.


Guideline J

09/29/2006

An Administrative Judge is not required to discuss every piece of evidence. A Judge's personal opinion based on a disagreement with DOD policy has no legal force and is not bind on DOD. The Board does not have authority to remove extraneous language from a Judge's opinion. To the extent an unauthorized action by a Judge might adversely impact a non-DOD relationship there is remedy before this Board. Adverse decision affirmed.


Foreign Influence

09/29/2006

Applicant mitigated the security concerns raised under foreign influence by demonstrating that his family members residing overseas were not agents of a foreign government or so situated as to provide a point of influence on Applicant. Clearance granted.


Criminal Conduct

09/29/2006

Applicant was sentenced to three years imprisonment for non-support, and served 13 months in prison. The provisions of 10 U.S.C. § 986 require denial of his clearance. Clearance denied.


Foreign Influence

09/29/2006

Applicant, who is 27 years old, has a close relationship with her paternal grandparents, who are citizens and residents of Taiwan. Between 1997 and 2004, she traveled six times to Taiwan and visited her grandparents. Some of Applicant's trips to Taiwan were gifts from her parents. Since establishing herself in her profession and marrying a U.S. citizen, Applicant's contacts with her grandparents have lessened, even though she continues to hold them in high regard. Guideline B security concerns are mitigated. Clearance is granted.


Financial

09/28/2006

Applicant is a 41-year-old divorced mother who has worked for a federal contractor since 2004. She was underemployed and made some poor personal choices several years ago that effected her finances. When she became aware that her credit card debt was out of control, she took the initiative and worked with a debt consolidation agency to start repaying her delinquent debts. She has consistently followed the plan for more than two years and has made significant strides in reducing her debts. Although she is still repaying her debts, her good faith effort to repay them clearly mitigates any trustworthiness concerns. Eligibility for assignment to sensitive positions is granted.


Alcohol; Criminal Conduct

09/28/2006

Applicant has abstained from alcohol since March 2004. She mitigated the trustworthiness concerns stemming from her alcohol use, her alcohol-related incidents, and her alcohol-related criminal conduct. Eligibility for a public trust position is granted.


Drugs; Personal Conduct; Criminal Conduct

09/28/2006

Applicant failed to mitigate drug involvement, personal conduct, and criminal conduct security concerns that arose because of his marijuana use and his falsification of his security clearance application by failing to acknowledge that use. Clearance is denied.


Financial; Personal Conduct

09/28/2006

Applicant accumulated eleven charged off and past due debts totaling more than $11,000 with neither the apparent means nor any stated intention to resolve them in her current financial situation. She did not list these debts when completing her Security Clearance Application, instead listing only two credit card delinquencies totaling $400 which she claimed were resolved some four years earlier. She admitted to all matters set forth in the Statement of Reasons, without offering explanation or mitigation of the security concerns raised by her history of not meeting financial obligations, inability or unwillingness to satisfy debts, and personal conduct in falsifying material facts on her Security Clearance Application. Clearance is denied.


Financial

09/28/2006

Applicant has nine delinquent medical bills that were turned over for collection between June 2001 and May 2002. Although the bills arose from unexpected accidents suffered by his children and his ability to pay them was hampered by periods of unemployment, he offered no evidence of any progress in resolving them, even though he has been steadily employed since December 2003 and now has substantial family income. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Financial; Personal Conduct

09/28/2006

Applicant overextended himself on consumer credit and filed for Chapter 7 bankruptcy in October 2003 seeking a discharge of $42,586 in unsecured debt. He had the bankruptcy dismissed in January 2004 in order to save his home. Financial considerations persist where he has made little effort to repay his creditors. Alleged personal conduct concerns for failure to disclose his delinquent debts on his security clearance application are not proven where he listed his then very recent bankruptcy filing. Clearance is denied.


Personal Conduct; Criminal Conduct

09/28/2006

Applicant is unable to explain, extenuate, or mitigate the security concern stemming from the false answer he gave when he completed his security-clearance application. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

09/28/2006

Applicant, who was caught drinking in public at age 17 in 1980, was arrested and convicted of October 1983 and August 2002 drunk driving offenses. He failed to appear on a July 2000 alcohol-related domestic assault charge that was subsequently filed for one year. Although he no longer drives after drinking, he continues to consume alcohol to excess on occasion when out socially. He was not candid about his arrests or financial record on his security clearance application, and did not timely return workmen's compensation benefits to which he was not entitled. Clearance is denied.


Guideline F; Guideline E; Guideline J

09/28/2006

Applicant's statement about her intent and state of mind were relevant evidence but not binding on the Judge. The Judge had to weigh the evidence as a whole. The Judge articulated a rational basis for not applying favorably mitigating conditions or whole person factors under guideline E and J. Adverse decision affirmed.


Guideline E; Guideline D

09/28/2006

The fact that Applicant can argue for an alternative interpretation of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Financial; Criminal Conduct

09/27/2006

On June 17, 2004, Applicant and his wife filed for Chapter 13 bankruptcy. In November 2004, the case was dismissed. No debts were discharged. Applicant has approximately $12,814 in delinquent consumer debt. He has resolved two of these accounts. A chronic medical condition prevented him from working full-time in 2003. At hearing, Applicant disclosed that he and his wife owe the IRS approximately $23,000 for tax years 2000 - 2003. They recently entered into a repayment plan. Although he has resolved some of his delinquent accounts, the majority of his debts remain unresolved. His plan to resolve these accounts is too speculative to mitigate the security concern under Guideline F. Aside from a minor incident in 2004, the majority of his criminal offenses occurred over nine years ago. Guideline J is concluded for Applicant. However, a security concern remains under Guideline F. Clearance is denied.


Financial; Personal Conduct

09/27/2006

On May 21, 1998, Applicant filed for Chapter 7 bankruptcy. Her debts were discharged in September 1998. She continued to struggle financially, partially due to job lay-offs and difficulty finding suitable employment. She currently has nine delinquent accounts with a total approximate balance of $7,462. She has no plan of action for resolving her delinquent accounts. I find Applicant did not intentionally falsify her security clearance questionnaire. However, based on her current and past financial history, it is too soon to conclude her financial situation is under control. Applicant's eligibility for assignment to a sensitive position is denied.


Financial; Personal Conduct

09/27/2006

Applicant failed to present sufficient evidence to explain, extenuate, or mitigate the security concern arising from his history of financial irresponsibility. He currently has more than $35,000 in delinquent debt with no plans in place to pay or otherwise resolve his indebtedness. Concerning the personal conduct matters, however, the record evidence is not sufficient to prove that Applicant deliberately provided false answers to three questions about his financial record on a security-clearance application. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

09/27/2006

In 1998, Applicant stole golf clubs from a base golf course while employed as a civilian aboard a military installation. He failed to disclose being fired from that job in a security clearance application he submitted in 2005, and provided false information about the theft in a statement he provided in 2005. Applicant also has unpaid delinquent debts that have remained unsatisfied for a number of years. Clearance is denied.


Financial

09/27/2006

Applicant has a relatively long history of financial irresponsibility that he has only recently begun to resolve. Clearance is denied.


Personal Conduct, Security Violations

09/27/2006

Applicant omitted material information from a security clearance application executed in 2002. His explanations for these omissions, provided at the hearing, were either specious, misleading, or inconsistent with explanations offered earlier during the investigative process. Clearance is denied.


Criminal Conduct; Personal Conduct

09/26/2006

Applicant was arrested and convicted of misdemeanor theft in 2004. While employed as a cashier at a major department store, Applicant along with two co-worker cashiers, and their supervisor, ran items through their check out lines without scanning them. This scheme continued for a lengthy period of time until discovered by store security. Applicant, along with the other employees, were fired, and turned over to the local police. These facts raised criminal and personal conduct concerns, which Applicant was unable to mitigate. Clearance is denied.


Financial; Personal Conduct

09/26/2006

Between 1999 and 2003, Applicant incurred approximately $13,131 in delinquent debt. Although she had entered into a repayment program with a credit counselor in 2000, she did not continue with her repayment plan after moving to another state. At the time of the hearing, she had not taken steps to resolve her delinquent accounts. I find Applicant did not intentionally falsify her security clearance questionnaire. However, based on her past financial history, it is too soon to conclude her financial situation is under control. Applicant's eligibility for assignment to a sensitive position is denied.


Personal Conduct; Criminal Conduct

09/26/2006

Applicant mitigated the security concerns about his personal conduct and criminal conduct stemming from his alcohol/drug-related arrest and his omission of past drug use from a security clearance application. Clearance is granted.


Alcohol; Criminal Conduct

09/26/2006

Applicant is 53 years old, and a technician working for a defense contractor. He was arrested in 1993 for driving while impaired with a BAC of .14%. In 2004 he was arrested for the same offense. Earlier in 2004 he was arrested for having an open container of beer in the passenger compartment of his car as he drove home after work one night. Applicant has not mitigated the alcohol consumption and criminal conduct security concerns. Clearance is denied.


Guideline C; Guideline B

09/26/2006

The record does not support the Judge's conclusion that Applicant's relatives in Iran are not in a position to be exploited. There is no record evidence that rebuts the presumption that contacts with immediate family members are not casual. Favorable decision reversed.


Criminal Conduct

09/26/2006

Applicant was convicted of April 1979 felony possession of cocaine with intent to sell and June 1981 felony breaking and entering offenses. 10 U.S.C. § 986 as amended applies where Applicant was incarcerated for more than one year for the breaking and entering. He was arrested for drunk driving in November 1983, January 1985, and July 1988, and for disorderly conduct in November 1989. After ten years of sobriety, he resumed drinking and committed domestic assault in March 2004. His pattern of criminal activity raises serious doubts about his judgment and reliability. Furthermore, he is statutorily disqualified from having a clearance granted or renewed under 10 U.S.C. § 986. Clearance is denied.


Guideline C; Guideline B

09/26/2006

The record evidence does not support the Judge's conclusion that Applicant's family members are not agents of a foreign power. The Judge failed to articulate a rational basis for her conclusion that Applicant's family members are not in a position to be exploited by the Taiwanese government. A Judge cannot ignore or disregard significant record evidence that a reasonable person would expect to be taken into account in reaching a fair and reasoned decision. There is a rebuttable presumption that contact with one's immediate family is not casual. Taken cumulatively the Judge's errors warrant reversal. Favorable decision reversed.


Guideline F; Guideline E

09/26/2006

Department Counsel has demonstrated that the Judge misapplied two mitigating conditions. However, the Judge's ultimate conclusions are sustainable given the record evidence. Favorable decision affirmed.


Drugs; Criminal Conduct; Personal Conduct

09/25/2006

The recency and extent of applicant's intentional falsifications of material facts on a Security Clearance Application (SCA) requires a denial of his clearance request. Clearance is denied.


Criminal Conduct

09/25/2006

On May 26, 1972, Applicant was arrested for Unlawful Delivery of Marijuana. He was found guilty on two counts and sentenced to imprisonment for a term of five years and seven years, concurrently. He was incarcerated for a period of more than two years. Since 1972, Applicant has not used or distributed Marijuana or any other illegal substance, nor has he been arrested for anything else. Mitigation has been shown. However, the provisions of Title 10 U.S.C. 986 apply. Clearance is denied. I do recommend further consideration of this case for a waiver of 10 U.S.C. 986.


Guideline F

09/25/2006

The Board may not consider new evidence on appeal. The presence of some mitigating evidence does not alone compel the Judge to make a favorable decision. Applicant has not met her burden of demonstrating that the Judge's adverse conclusions are error. Adverse decision affirmed.


Guideline F

09/25/2006

There is a rebuttable presumption that Federal officials carry out thei duties in good faith. A party seeking to rebut that presumption has a heavy burden. If pro se applicant fail to take reasonable steps to protect their rights, that failure does not constitute a denial of their rights. Decisions in other hearing office cases are not binding. Adverse decision affirmed.


Financial

09/22/2006

This 46 -year-old software engineer received discharges in bankruptcy in 1986 ($61,121.00); 1992 ($131,773.00); and 2000/2001 ($212, 707.00). Since the 2001 discharge, he has again incurred significant delinquent debts, which have recently been substantially paid off, but only after the current adjudication process began. It is not clear whether Applicant has learned the hard lessons of financial discipline or is simply responding to pressure; i.e., his desire to keep his clearance. Mitigation has not yet been adequately established. Clearance is denied.


Guideline F

09/21/2006

The finding which Applicant challenges are permissible characterizations by the Administrative Judge. Considering the record as a whole the Judge's material findings of security concern are sustainable. Adverse decision affirmed.


Foreign Influence; Foreign Preference

09/21/2006

The Applicant is a dual citizen of Jordan and the United States. He has not surrendered his Jordanian passport or renounced his Jordanian citizenship. He has substantial foreign financial interests, namely a house and a bank account valued at about a half million dollars that poses a significant security risk. Clearance is denied.


Guideline J

09/21/2006

The Board concludes that neither the Judge nor the Board has authority to make a formal recommendation for waiver in a 10 USC 986 case. Adverse decision affirmed


Guideline E

09/20/2006

Where a judge has not made a threshold finding that an applicant is vulnerable to coercion, exploitation, or pressure, it makes no sense to conclude that Applicant has mitigated such a vulnerability by having taken steps to reduce or eliminate such a vulnerability. Although, harmless in this case, since the judge's ultimate conclusions are sustainable on other grounds, this is error. Department Counsel's challenges to the Judge's whole person analysis, are aimed at the Judge's weighing of the evidence. The Board need not agree with that weighing to conclude it is sustainable. There is a presumption that the Judge considered all the record evidence. That presumption is not overcome here. Favorable decision affirmed.


Guideline F

09/20/2006

The arguments challenging the Judge's findings of facts are not persuasive. The Judge reasonably explained why the mitigating evidence was not sufficient to overcome the government's concerns. The government is not estopped from denying or revoking a security clearance.


Alcohol; Criminal Conduct; Personal Conduct

09/19/2006

Applicant is 26 years old and works for a company that administers government health benefits. He has a criminal history that includes alcohol-related convictions, including a charge of underage drinking. When he completed his application for access to sensitive information, he did not disclose two criminal charges. He mitigated the trustworthiness concerns raised by alcohol consumption, criminal conduct, and personal conduct. His eligibility for assignment to a sensitive position is granted.


Alcohol; Personal Conduct

09/19/2006

Applicant is 28 years old and works for a company that administers government health benefits. She has a criminal history that includes three alcohol-related incidents, including two charges for underage drinking. When she completed her application for access to sensitive information, she did not disclose the two underage drinking incidents. She mitigated the trustworthiness concerns raised by alcohol consumption and personal conduct. Her eligibility for assignment to a sensitive position is granted.


Guideline C; Guideline B

09/19/2006

Applicant has the burden of demonstrating that his family in Sudan were not in a position to be exploited Applicant's arguments do not demonstrate that the Judge's decision that Applicant failed to meet that burden were error. Adverse decision affirmed.


Financial

09/19/2006

Applicant is 42 years old and works for a federal contractor. Since June 1996, she accumulated a significant amount of debt that she has not paid or resolved, much of it as the result of a gambling addiction. She failed to mitigate the security concerns raised by financial considerations. Clearance is denied.


Financial

09/19/2006

Applicant mitigated security concerns related to financial considerations by establishing that most of the delinquent debts listed on the SOR were for other family members. The problem was attributable to the fact that Applicant and his father, who lived with him, and his grandfather had identical names. After working to resolve the issues only two of the delinquent debts remained on credit report and they were established as paid in his latest post-hearing submission. Clearance is granted.


Financial

09/19/2006

Applicant is 27 years old and works for a company that administers government health benefits. She has a criminal history that includes disorderly conduct charges from her youth. She mitigated the trustworthiness concerns raised by her criminal conduct. Her eligibility for assignment to a sensitive position is granted.


Drugs; Personal Conduct

09/19/2006

Applicant is 33 years old and has worked for his current employer, a defense contractor, as both a janitor and an escort. On his 2003 security clearance application, Applicant denied recent drug use, then later made sworn statements that he had smoked marijuana through the late 1990s. He eventually conceded that he used the drug until 2003, and admitted that he had concealed this fact. Applicant failed to mitigate security concerns. Clearance is denied.


Foreign Preference; Foreign Influence

09/18/2006

Applicant has renounced his Hong Kong citizenship to the Government of Hong Kong and returned his Hong Kong passport and identification. He has lived in the United States since 1973 and been a U. S. citizen since 1980. Because of Applicant's powerful attachment to the United States, and his family, including his parents, sister and brother, all of whom are citizens and residents of the United States. Applicant's brother, who is a U. S. citizen, residing in Taiwan, is not in a position to be exploited in a way that could force Applicant to choose between loyalty to this family member and his loyalty to the United States. Mitigation has been shown. Clearance is granted.


Guideline H; Guideline E

09/18/2006

The presence some mitigating evidence does not alone compel a favorable security clearance decision. The Judge made sustainable finding as to a lengthy and serious history of improper or illegal drug use. The Directive does not define recent. The federal government need not wait until an Applicant actually mishandles classified information. Adverse decision affirmed.


Guideline F

09/18/2006

The Board has no authority to grant conditional or probationary clearance. Adverse decision affirmed.


Financial

09/15/2006

Applicant has numerous delinquent debts totaling more than $12,000, dating back to 1999. Her current family income leaves a monthly shortfall of more than $400. She failed to disclose several delinquent debts on her Questionnaire for Public Trust Positions (SF 85P). Trustworthiness concerns based on financial considerations, personal conduct, and criminal conduct have not been mitigated. Eligibility for assignment to sensitive positions is denied.


Financial, Personal Conduct

09/14/2006

Applicant is 28 years old and has served as an aircraft helper since January 2005. His outstanding delinquent debts total approximately $12,600, of which $11,628 is for unpaid student loans. He deliberately falsified questions on his security clearance application when divulging information about his financial situation. Applicant has not mitigated security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

09/14/2006

Applicant is a 35-year-old mechanical engineer who works as a business consultant for a federal contractor since 2000. He was born in the U.S. to Thai parents and returned to Thailand while growing up. He studied in the U.S. earning his advanced degrees. His wife is a Thai citizen who resides with him in the U.S. His parents and parents-in-law are citizens and residents of Thailand with whom he and his wife have regular contact. In 2000, Appellant applied for, was granted, and currently possesses a valid Thai passport. It does not expire until 2008. He is reluctant to renounce his Thai citizenship, but expressed he would if it were a condition of his employment. Applicant failed to mitigate the security concerns under Guidelines C and B. Clearance is denied.


Criminal Conduct

09/14/2006

Applicant was arrested on two separate occasions in 1998 and 2002 for domestic violence-related offenses. Both arrests involved his former wife and raised criminal conduct concerns. Applicant has complied with all aspects of sentencing requirements to include extensive individual counseling. Additionally, he and his former wife divorced in 2003 and went through family counseling. Applicant submitted evidence he is trustworthy and reliable, and made significant life changes. Considering the whole person concept and the totality of the circumstances, Applicant has mitigated this security concern. Clearance is granted.


Criminal Conduct; Alcohol; Financial; Personal Conduct

09/14/2006

Applicant is 45years old and has been employed since 2002 as an outside machinist for a defense contractor. He has excessively consumed alcohol at times, and convicted for driving under the influence. He has numerous delinquent and unpaid debts totaling more than $4,600, even though his financial statement shows a positive net remainder of $281 every month. He deliberately falsified questions on his security clearance application. Applicant has not mitigated security concerns. Clearance is denied.


Criminal Conduct, Financial, Personal Conduct

09/14/2006

Applicant is 41years old and has been employed since 2000 as an inspector for a defense contractor. He was fired from two jobs after he was discovered adjusting orders and pocketing the companies' money. One of those incidents led to an arrest, where he was charged with embezzlement, a felony, but he pled guilty to a reduced charge of petty larceny. Currently, there is an outstanding warrant against him for the petty larceny charge because of his failure to pay court costs and restitution. He also owes approximately $5,441 in delinquent debt. Applicant has not mitigated security concerns stemming from his criminal conduct, financial difficulties, and personal conduct. Clearance is denied.


Guideline F

09/13/2006

The Board may not consider new evidence on appeal. A party's disagreement with the Judge conclusions or weighing of the evidence does not demonstrate error. The Judge's explanation as to why the mitigating evidence was insufficient to overcome the government's security concerns was reasonable. Adverse decision affirmed.


Guideline J; Guideline G; Guideline E

09/13/2006

The Board may not consider new evidence on appeal. Applicant's statement about her intent are relevant evidence but are not binding on the Judge. The Judge had to consider Applicant's statements in light of the evidence as a whole. The Judge has to weigh the evidence as a whole. The favorable evidence cited by Applicant is insufficient to demonstrate that the Judge's decision was arbitrary and capricious. Adverse decision affirmed.


Foreign Preference; Foreign Influence

09/12/2006

Security concerns were raised regarding a 48-year old Turkish-born naturalized U.S. citizen who had modest foreign investments (insubstantial when compared with her U.S. investments), received Turkish social security, and exercised dual citizenship by using her Turkish passport on two occasions to enter Turkey purely for convenience. She surrendered her expired passport, sold one foreign property and put the other one up for sale, and renounced her Turkish citizenship. She has extended family members in Turkey. No member of her family has any connection or association with the Turkish government, nor are they agents of a foreign government or in positions to be exploited by a foreign government. They do not constitute an unacceptable security risk. Under the facts herein, the government's security concerns are mitigated. Clearance is granted.


Foreign Influence; Personal Conduct; Criminal Conduct

09/11/2006

Applicant mitigated concerns raised by the citizenship and residence of her mother-in-law and her husband's step-siblings in Cuba. She failed to mitigate security concerns raised by her criminal conduct and personal conduct in deliberately falsifying her security clearance application by failing to list her shoplifting conviction. Clearance is denied.


Financial

09/11/2006

Applicant is 57 years old and married. He works for a defense contractor. He has 18 delinquent debts listed in the SOR, totaling $14,181. Applicant has not mitigated the financial considerations security concern. Clearance is denied.


Financial

09/11/2006

Applicant is legally responsible for $34,419 in delinquent credit card debt incurred for her benefit. A mortgage lender is pursuing collection of another $48,177 on an installment loan Applicant and her former spouse entered into during their marriage. In April 2006, Applicant retained legal counsel to resolve the issue of her liability with regard to this mortgage and to pursue a bankruptcy discharge of her legitimate debt. Financial considerations concerns persist where Applicant's personal financial situation remains tenuous and the debts are unresolved.


Financial

09/11/2006

Applicant mitigated financial considerations security concerns arising over delinquent debts in excess of $15,000.00 by entering into a consumer credit program in November, 2005, that withholds $660.00 per month to pay her creditors. While Applicant might have entered into such a program earlier, she has now taken the appropriate steps to mitigate the security concerns. Clearance is granted.


Financial

09/11/2006

Unbeknownst to Applicant, two women filed child support claims against him in California, which he discovered when he received a credit report to use in financing the purchase of his home. Applicant is paying the claims, has custody of one of the children, and is contesting paternity in the other. Clearance is granted.


Financial

09/11/2006

Applicant failed to mitigate security concerns about his delinquent debts in excess of $38,000, which were recently discharged in bankruptcy. While most of his financial problems stemmed from a failed business in 2002, Applicant failed to take any tangible action on those debts until late 2005. Clearance is denied.


Financial; Personal Conduct

09/11/2006

Between 2002 and 2005, Applicant incurred approximately $15,286 in delinquent debt. She has paid off four of the debts and is making timely payments on another account. However, she still has approximately $10,000 of debt that is either delinquent or she has trouble paying. She has no comprehensive plan for dealing with the remaining debt. I find Applicant did not intentionally falsify her security clearance questionnaire. However, based on her past financial history, it is too soon to conclude her financial situation is under control. Applicant's eligibility for assignment to a sensitive position is denied.


Criminal Conduct; Alcohol; Personal Conduct

09/11/2006

Applicant is 23 years old. He works for a defense contractor. He was arrested in November 2002 for possession a controlled substance in his car. Next, he was arrested for driving while intoxicated in November 2003 and pled guilty. His next driving while intoxicated arrest occurred in May 2004. His blood alcohol content in both arrests was .17%. His final arrest was for driving while revoked and without insurance in July 2004. He pled guilty to one offense in each case. He deliberately did not disclose the July 2004 arrest in his September 2004 statement to the Government investigator. He did not mitigate the criminal conduct, the alcohol consumption, personal and trustworthiness concerns. His eligibility for assignment to sensitive positions is denied.


Alcohol

09/11/2006

Applicant was convicted of alcohol-related driving offenses in 1991 and 1998. He has mitigated the security concern that existed in this case. Clearance is granted.


Guideline B; Guideline F

09/08/2006

Although pro se applicants can not be expected to act like lawyers they are expected to take timely reasonable steps to protect their rights. Adverse decision affirmed.


Guideline K

09/08/2006

Security violations are one of the strongest possible reasons for denying or revoking access to classified information. The Judge's finding of fact lead the reader in two very different directions. It is not possible for the Board to determine with confidence what the Judge found. Favorable decision remanded..


Guideline B

09/06/2006

Applicant's pro se brief raises the issue of whether the Judge's favorable decision can be affirmed on grounds not cited in the decision. The Board concludes that it can be. Favorable decision affirmed.


Guideline F; Guideline E

09/06/2006

A minor detail such as who initiated leaving the record open does not establish harmful error. The Judge's adverse conclusion regarding falsification is supported by the record evidence. The presence of some mitigating evidence regarding finances did not compel the Judge to make a favorable decision. Adverse decision affirmed.


Guideline F

09/05/2006

The Board does not issue advisory opinions. Security clearance determinations are not loyalty determinations. Adverse determination affirmed.


Guideline F; Guideline E; Guideline J

09/01/2006

The Judge reasonably explained why the evidence presented in mitigation was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Guideline F

09/01/2006

The Board may not consider new evidence on appeal. Although pro se Applicants cannot be expected to act like lawyers, they are expected to take reasonable steps to protect their rights under the Directive. The Administrative Judge's material findings reflect a reasonable interpretation of the record evidence. The Judge's conclusions flow from his findings. Adverse decision affirmed.


Alcohol

08/31/2006

Applicant began consuming alcohol at age 14, engaged in habitual binge drinking in college, and was arrested for driving under the influence (DUI) in September 2003, after consuming 11-14 beers. He abstained from April 2004 until September 2005, when his probation ended. He then resumed alcohol consumption in less frequent and more moderate amounts. The security concern based on alcohol consumption is not mitigated. Clearance is denied.


Foreign Influence

08/31/2006

Applicant, a software engineer for a major defense contractor, failed to mitigate foreign influence security concerns since his parents and one sister live in Taiwan where they are citizens and another sister lives in the PRC. No evidence was offered concerning their activities or work in Taiwan. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

08/31/2006

Applicant has approximately $60,076 in delinquent debt listed on her credit report. Much of the debt arose from her ex-husband's truck driving business, including a $25,000 repossession of an 18-wheeler truck. The final divorce decree makes her ex-husband responsible for the debts that are from his trucking business. This leaves her responsible for approximately $2,676 of the delinquent debt. She has paid the debts that are her responsibility and is capable of meeting her monthly expenses. Applicant's eligibility for a assignment to a sensitive position is granted.


Drugs

08/31/2006

Applicant smoked marijuana for 20 years. Although his last use was approximately two years ago, it occurred while the security clearance process was pending. Also, he provided an equivocal answer when asked by an investigator from the U.S. Office of Personnel Management in 2005 whether he would use it in the future. Clearance is denied.


Financial Considerations

08/31/2006

Applicant has a remaining overdue debt to the Internal Revenue Service (IRS) of approximately $13,000, which he is in the process of attempting to resolve. Since Applicant incurred this debt in 1995 and 1996, he has been and remains current on all of his other debts, and he has demonstrated a stable and mature outlook about his finances. Mitigation has been shown. Clearance is granted.


Financial

08/31/2006

Applicant's financial problems arose from circumstances largely beyond his control, including unexpected unemployment, the need to relocate, and medical problems limiting his wife's ability to work. After moving to get his present job, he was unable to sell his former home or to make the mortgage payments, resulting in foreclosure and remaining debt. Under these circumstances, the delinquencies do not cast doubt on his reliability, trustworthiness, or good judgment. Considering Applicant's character, I find he is not vulnerable to pressure to engage in illegal acts to generate funds. I conclude Applicant mitigated the security concerns arising from his history of failing to meet his financial obligations and inability to satisfy his debts. Clearance is granted.


Financial

08/31/2006

Between 1998 and 2002, Applicant and her husband incurred approximately $29,276 in delinquent debt. In March 2001, she separated from her husband. Neither party has filed for a legal separation or divorce. Although she claims her husband agreed to be responsible for the marital debts, she still is jointly responsible for the joint debts of the marriage. Her inaction towards resolving the delinquent debts of the marriage tends to show a lack of responsibility and remains a trustworthiness concern. Applicant's eligibility for a assignment to a sensitive position is denied.


Alcohol; Drugs; Criminal Conduct; Personal Conduct

08/31/2006

Applicant, a form carpenter with a federal contractor, has a history of alcohol abuse, including numerous alcohol-related arrests that resulted in several convictions for DUI. He self-admitted on three occasions for alcohol detoxification. Despite being treated for alcohol dependence, he continues to consume alcohol. He was discharged from the Army in 1972 for drug abuse. He has been arrested approximately 22 times. He falsified an answer on his security clearance application. He successfully mitigated the security concern involving drugs, but failed to mitigate the security concerns about alcohol, criminal conduct, and personal conduct. Clearance is denied.


Financial, Personal Conduct

08/31/2006

Applicant is a 49-year-old employee of a U.S. government subcontractor. She has been separated from her husband since 1997, has custody of the children, and receives no child support. From about 1999 to 2003, Applicant accumulated approximately $9,877 in debts. She is unwilling to pay any of the outstanding debts until her divorce is final and the court decides who is responsible for which debts. Applicant has not mitigated the financial considerations and personal conduct security concerns. Eligibility for an ADP I/II/III position is not granted.


Financial; Personal Conduct

08/31/2006

Applicant works for a defense contractor. She incurred 38 delinquent debts over 13 years totaling $29,448. She filed Chapter 7 bankruptcy in October 2005, and was discharged in January 2006 of $65,788.58 in delinquent debt. She did not list her financial delinquencies on her Questionnaire for Public Trust Position in 2004 while knowing she had large amounts of delinquent debt. She did not mitigate the financial considerations and personal conduct trustworthiness concerns. Her eligibility for assignment to sensitive positions is denied.


Financial; Personal Conduct

08/31/2006

Applicant has failed to mitigate the financial and personal conduct security concerns that exist in this case. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

08/31/2006

The Applicant's financial problems were directly related to a period of unemployment and his serious medical problems. He is resolving the situation through the valid use of a Chapter 7 bankruptcy. He did not intentionally falsify his security clearance questionnaire. The adverse inference is overcome. Clearance is granted.


Personal Conduct; Financial; Criminal Conduct

08/31/2006

Applicant, who had already received a fresh start with a Chapter 7 bankruptcy discharge in 1994, had another $100,000 in debt discharged in November 2002. Debts not discharged included delinquent federal taxes for 1998, 1999, 2001, and 2002, student loans in default, and a $5,080 credit card debt in collection. As of February 2006, he had satisfied the credit card debt, and was paying $400 monthly on his federal tax debt totaling $23,011.95, and $304 monthly to rehabilitate his defaulted student loan debt of $21,720.02. Financial considerations concerns persist given his history of delinquency and the amount of debt that needs to be repaid. Personal conduct and criminal conduct concerns are raised by his failure to disclose his debts, federal tax liens, and two drunk driving offenses when he applied for his clearance. Clearance is denied.


Foreign Influence

08/31/2006

Applicant is 46 years old, married with one child, and works for a defense contractor in the computer field. Born in Serbia, he came to the U.S. with his parents at the age of 10. He became a U.S. citizen at 20 years of age. His parents returned to Serbia in 1990 where his mother died, and his father still lives. His father is a U.S. citizen. Applicant inherited a house currently worth $2,000. Applicant mitigated the foreign influence concern. Clearance is granted.


Financial; Personal Conduct

08/31/2006

Applicant failed to mitigate security concerns about his history of delinquent debts in excess of $37,000, and about his deliberate falsification of his security clearance application. Clearance is denied.


Personal Conduct; Criminal Conduct

08/31/2006

Applicant is 49 years old and has been employed as a program manager with a federal contractor since 1984. He has held a security clearance for the last ten years. When he filled out his security clearance application in 2002 to update his record, he did not disclose two 2001 criminal charges. He mitigated the security concerns raised by his personal conduct and criminal history. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

08/31/2006

Applicant's failure to address the bulk of his past-due indebtedness precludes a finding that he has reformed. Clearance is denied.


Alcohol

08/31/2006

Applicant continues to consume alcohol after having been treated for diagnosed alcohol dependence and being advised to abstain. There is no evidence of intoxication since 2004, but his drinking has increased since the dissolution of his marriage in 2005. Alcohol consumption concerns are not mitigated where there is an unacceptable risk of abusive drinking. Clearance is denied.


Financial

08/31/2006

Applicant incurred two federal tax liens for debts totaling $35,440. Applicant has satisfied both liens, which resulted from filing errors by and poor advice from three former tax preparers. The alleged security concerns about Applicant's finances are mitigated. Clearance is granted.


Foreign Influence; Personal Conduct

08/31/2006

Applicant was born and raised in Egypt, and still has close ties there through his mother, siblings, second wife, and in-laws, all of whom are Egyptian citizens. Except for his wife, all his relatives and in-laws live overseas. In 1996, Applicant stayed in the U.S. illegally after his tourist visa expired, but regained legal immigration status that same year through his marriage to a U.S. citizen. Because the U.S. government made him a permanent resident alien notwithstanding his previous illegal status, the alleged personal conduct concerns are mitigated. Applicant has not mitigated the security concerns about possible foreign influence. Clearance is denied.


Financial

08/31/2006

Applicant's divorce followed by several unfortunate circumstances led to his excessive indebtedness. He has made a good faith effort to resolve his indebtedness and continues to work toward becoming debt free. Clearance is granted.


Financial

08/31/2006

Applicant's divorce followed by several unfortunate circumstances led to his excessive indebtedness. He has made a good faith effort to resolve his indebtedness and continues to work toward becoming debt free. Clearance is granted.


Financial; Personal Conduct

08/31/2006

Applicant has a history of failing to meet his financial obligations and being unwilling or unable to pay his delinquent debts. Although he paid several outstanding obligations after the initiation of this security investigation, several substantial debts remain unresolved. More significantly, Applicant falsified his security clearance application by failing to report his delinquent debts. Applicant failed to mitigate the security concerns arising from his financial difficulties and from his falsifications. Clearance is denied.


Criminal Conduct; Drugs, Personal Conduct

08/31/2006

Applicant admitted drug involvement on at least three occasions, two of which occurred while he held a security clearance and one of which resulted in a felony conviction. He intentionally failed to disclose his drug involvement on his security clearance application (SF 86). Security concerns based on criminal conduct, drug involvement, and personal conduct are not mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

08/31/2006

Applicant was born in Sudan. He left in 1974 to attend a university in Kuwait. He came to the United States in 1983 to pursue higher education, and obtained a Ph.D. in Chemistry. Between 1989 and 1990, Applicant was a leader of political organizations in the United States whose purpose was to oppose the repressive, authoritarian government that took over Sudan. Applicant became a U.S. citizen in 2000. He has seven siblings and two step-children who are citizens and residents of Sudan. Considering the poor relations between the U.S. and Sudan, Sudan's record of human rights abuses, and Applicant's public opposition to the Sudanese government, Applicant has failed to mitigate security concerns arising from having relatives who are citizens and residents of Sudan. Clearance is denied.


Personal Conduct; Criminal Conduct; Alcohol

08/30/2006

Applicant is unable to explain, extenuate, or mitigate the false statements he made during the processing of his security-clearance application. Clearance is denied.


Financial

08/30/2006

Applicant has approximately $30,678 in delinquent debt. She has not contacted any of her creditors or taken any steps towards resolving her delinquent debts. Although she has been a reliable employee for the past 16 years, a concern remains under financial considerations. Applicant's eligibility for a assignment to a sensitive position is denied.


Financial; Personal Conduct

08/30/2006

Between 1993 and 2004, Applicant was twice married, separated, and divorced, resulting in a Chapter 13 bankruptcy action and numerous delinquent debts. Applicant paid some delinquent debts before the initiation of this action, and arranged a repayment plan for substantially all the remaining debts, mitigating the security concerns arising from his financial difficulties. Applicant twice submitted a security clearance application containing material information he knew to be inaccurate or incomplete. Applicant failed to mitigate the security concerns arising from his falsifications. Clearance is denied.


Financial

08/30/2006

Applicant is a 57-year-old female providing security for a defense contractor. She admits having approximately $57,500 in delinquent debts. She denies additional liability for three delinquent accounts amounting to about $1,148, but did not provide any proof that those debts had been paid or disputed. Applicant has failed to mitigate security concerns arising from financial considerations. Clearance is denied.


Financial

08/30/2006

Applicant has over $57,000 in delinquent debt. Of that amount, $30,000 consists of student loans. Several years after graduating from college, she became the provider for her mother and younger sister after their father left the family. After several efforts towards resolving her accounts, she decided to file for Chapter 7 bankruptcy. Her student loans have been consolidated. Her mother and sister are supporting themselves. She is now able to meet her financial obligations. Applicant's eligibility for a assignment to a sensitive position is granted.


Financial

08/30/2006

Applicant accrued nearly $10,000 in delinquent or past due debts due to his irresponsible use of easily-obtained credit cards while in college from 1999 to 2003. While unemployed or under employed for the ensuing 16 months, he was unable to meet his credit card obligations. He is now employed full time and paying his debts, albeit at a pace that will not resolve his obligations for another three years. Nonetheless, he has mitigated the security concerns about his finances because available information shows he is managing his money responsibly and is not likely to make similar financial mistakes in the future. Clearance is granted.


Financial

08/30/2006

The record evidence shows Applicant has a history of financial problems linked to gambling. She presented sufficient evidence to explain, extenuate, or mitigate the financial considerations security concern. Clearance is granted.


Criminal Conduct

08/30/2006

Applicant was convicted of alcohol-related driving offenses in 1994 and 1995, and felony theft in 1998. He has mitigated the security concern caused by his criminal conduct. Clearance is granted.


Financial Considerations

08/29/2006

Applicant has one unpaid debt that was incurred as a result of medical treatment that he received for an injury he suffered in 1998, when he was 19 years old. Because of unemployment or underemployment, he has been unable to pay off this debt until recently. The creditor now will not accept payment for this debt and shows that Applicant owes nothing. Since 1998, when Applicant incurred that debt, he has been and remains current on all his other debts, and he has demonstrated a stable and mature outlook about his finances. Mitigation has been shown. Clearance is granted.


Financial

08/28/2006

Applicant failed to present sufficient evidence to explain, extenuate, or mitigate the security concern arising from his long-standing history of financial irresponsibility. He currently has six delinquent accounts in a collection or charged-off status for more than $8,000. At this time, the record evidence is insufficient to establish a track record of prudent and responsible financial management that is consistent with holding a security clearance. Clearance is denied.


Financial; Personal Conduct

08/28/2006

Applicant has approximately $10,544 in delinquent debt. Although he has paid off one debt and is making payments towards two other debts, no action has been taken to resolve the majority of the debts. His plan to pay off each debt one at a time until the debts are resolved in 2012 is too speculative and does not take into account any unplanned financial issues. His initial steps to deal with his financial delinquencies occurred too late. A promise to pay in the future does not mitigate the security concern under financial considerations. I find Applicant did not intentionally falsify his security clearance questionnaire. However, based on his past financial history, it is too soon to conclude his financial situation is under control. Applicant's eligibility for assignment to a sensitive position is denied.


Financial; Personal Conduct

08/28/2006

Applicant's financial indebtedness has been mitigated by a good faith effort to resolve his indebtedness. However, with respect to his intentional falsifications on his security clearance application, it has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

08/28/2006

Applicant is 42 years old. He works for a defense contractor. His 1998 drug test in the Army reserves showed cocaine and marijuana use while holding a security clearance. He had several arrests between 1996 and 1999 for domestic assaults, but was acquitted of several charges. He also had civil contempt charges involving divorce decree enforcement issues. He deliberately falsified his 2002 security clearance application regarding his arrests, security clearance revocation, and drug abuse. Applicant mitigated the drug involvement and criminal conduct security concerns. He did not mitigate the personal conduct security concern. Clearance is denied.


Criminal Conduct, Alcohol, Drugs, Personal Conduct

08/28/2006

Applicant served 18 months in prison as a result of a 1998 conviction for felony hit and run, and driving under the influence of intoxicants. 10 U.S.C. § 986 disqualifies him from security clearance consideration. Also, his history of criminal conduct and substance abuse, in addition to the deliberate falsification of several questions regarding these matters on his security clearance application, generate unmitigated security concerns independent of the applicability of 10 U.S.C. § 986.


Foreign Preference; Foreign Influence

08/28/2006

Applicant, a native of Russia, obtained and used his Russian passport after he became a naturalized U.S. citizen in September 2000. His surrender of his foreign passport and application to renounce his foreign citizenship are not sufficient to mitigate his recent exercise of Russian citizenship. Foreign influence concerns are not mitigated where family members, including his father, stepmother, and father-in-law, are resident citizens of Russia. Clearance is denied.


Financial

08/28/2006

Applicant's circumstances beyond his control, including periods of job lay off, disability and a wife's drug problems, coupled with poor financial planning have caused his financial indebtedness. After filing Bankruptcy and borrowing from his 401(k) to pay some debts, he still remains excessively indebted. Clearance is denied.


Drugs; Personal Conduct; Financial

08/28/2006

Applicant is 47 years old, the father of five children by three wives, and another child, plus a 28-year history over the past 34 years of illicit drug use. Applicant owes currently $71,000 in delinquent child support, and $20,000 for two student loans dating to 1986. He deliberately failed to disclose any unfavorable information on these subjects on his 2002 security clearance application. Applicant has not mitigated the drug involvement, personal conduct, and financial considerations security concerns. Clearance is denied.


Financial Considerations; Personal Conduct

08/28/2006

Applicant has had a history of financial difficulties. He has taken action to contact the creditors and pay off his debts, but his overdue debt is still significant. Applicant knew or should have known that the financial information that he provided to the Government on a Security Clearance Application (SCA) regarding his overdue debts was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Financial

08/25/2006

The Applicant filed for the protection of a Chapter 13 Bankruptcy in 1995. His financial difficulties stemmed from a loss of employment or underemployment from about 1994 until 1997, and from marriage difficulties that resulted in a divorce in 1997. Tax liens were filed against the Applicant for tax years 1992~1995 and from 1998~2001. In 2004, the Applicant filed a Chapter 7 Bankruptcy in order to address the tax liens. Liens for tax years 1992, 1993, 2000 and 2001 remained after his Chapter 7 discharge. An offer of compromise has been accepted by the Internal Revenue Service (IRS) as to his outstanding Federal income taxes, and he has paid all outstanding state taxes owed. He now has a positive monthly cash flow of about $800. Those who


Financial Considerations; Personal Conduct

08/25/2006

Applicant has had a history of financial difficulties. He has resolved the majority of his debts, but at this time he still has a remaining overdue debt to the Internal Revenue Service (IRS) of approximately $200,000. While he has proposed an offer and compromise to settle this debt, it has yet to be accepted by the IRS. Applicant provided to the Government on a Security Clearance Application (SCA), materially incorrect information regarding liens against him, but he did not knowingly provide this misinformation. Mitigation has not been shown. Clearance is denied.


Personal Conduct; Financial

08/25/2006

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.


Guideline B

08/25/2006

Department Counsel persuasively argues that there was insufficient evidence to sustain the Judge's conclusion that Applicant's immediate family in Syria are not in a position to be exploited by the Syrian government and his overall favorable security clearance decision. None of the circumstances cited by the Judge would prevent Syria (a country with an authoritarian regime, a poor human rights record, and which harbors a number of terrorist groups which are openly opposed to the U.S.) From exercising control over Applicant's resident family in order to coerce, exploit or pressure Applicant. Favorable decision reversed.


Guideline E

08/25/2006

The methods of the Defense Security Service investigations are outside the scope of review of the Appeal Board. Applicant cannot fairly claim the Judge should have considered evidence which was not presented to him. The Judge reasonably explained why the mitigating evidence was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Criminal Conduct; Personal Conduct; Drugs

08/24/2006

Applicant was arrested numerous times between March 1999 and September 2002, abused a variety of controlled substances during that time, and deliberately provided false answers in response to questions asked of him in a security clearance application he executed in December 2003. Clearance is denied.


Financial; Criminal Conduct

08/24/2006

Applicant willfully failed to file state and federal tax returns for a number of years as required by applicable law. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

08/24/2006

Applicant has four alcohol-related convictions, is presently on probation for driving under the influence of alcohol (DUI), and has a pending DUI charge. Clearance is denied.


Guideline F

08/24/2006

A review of the record indicates Applicant was provided with the procedural rights set forth in the Executive Order and the Directive. Applicant was not denied due process. The Judge explained why the mitigating evidence was insufficient to overcome the governments' legitimate security concerns. Adverse decision affirmed.


Financial

08/23/2006

Applicant, a 46-year-old employee of a defense contractor, failed to mitigate financial considerations security concerns relating to delinquent debts. He offered no evidence in mitigation except for payment of two of the smallest debts and reduction of delinquent child support payments by $4,000.00 leaving a balance of delinquent debts exceeding $8,000.00, for which no evidence of payment or settlement was submitted. Clearance is denied.


Foreign Influence

08/23/2006

The Applicant's father is a citizen and resident of Hong Kong. He is a retired chef, having worked for the British Royal Navy for 20 years. His father received a "lump sum" pension payment when he retired in about 1980, 26 years ago. The Applicant, whose net worth in the U.S. is in excess of $600,000, annually sends about $2,000 to his father on special occasions. The Applicant would not submit to blackmail or coercion vis-a-vis his father's presence in Hong Kong. In 2002, the Applicant visited his father twice in Hong Kong. In 2002, during a brief period of unemployment, the Applicant also traveled to the People's Republic of China (PRC) to look into possible business options, and to Taiwan to explore employment opportunities. Nothing resulted from these exploratory trips. The Applicant last visited his father in February of 2006. Clearance is granted.


Guideline G; Guideline H; Guideline E; Guideline J

08/23/2006

The presence of some mitigating evidence alone does not mandate a favorable security clearance decision. Given the record before him the Judge's ultimate conclusion is not arbitrary capricious or contrary to law. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

08/23/2006

Applicant has a history of petit larceny and criminal mischief offenses during his teens and early 20s. He was also fined for petit larceny in 2002 after he took a trailer from a gated property. He deliberately did not disclose the 2002 offense on his security clearance application. Criminal conduct and personal conduct concerns are not mitigated. Clearance is denied.


Guideline E; Guideline F

08/23/2006

The Administrative Judge's material findings of security concern are sustainable because they are supported by substantial evidence. Adverse decision affirmed.


Guideline F

08/23/2006

The findings challenged by Applicant are permissible characterizations by the Administrative Judge. The favorable evidence cited by Applicant is not sufficient to demonstrate that the Judge's decision is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Security Violations; Information Technology; Personal Conduct

08/23/2006

The Applicant's pattern of security violations, improper use of a government company computer, and personal conduct are in violation of company policies and procedures and have not been mitigated.


Foreign Influence; Foreign Preference

08/22/2006

Applicant was born in the United Kingdom (U.K.) to parents who were citizens of Nigeria. From early childhood through adolescence, he resided in Nigeria with his parents, who are citizens and residents of Nigeria. After becoming a U.S. citizen in 2002, Applicant retained dual citizenship with the U.K. and possessed a valid U.K. passport. At his hearing Applicant testified he was willing to renounce his U.K. citizenship, and he presented evidence that he had surrendered his U.K. passport to responsible officials at the U.K. embassy. While Applicant mitigated Guideline C security concerns, he failed to mitigate Guideline B security concerns. Clearance is denied.


Foreign Influence

08/22/2006

Applicant was born in Kuwait to Palestinian refugees who held Jordanian citizenship. Applicant's wife, a U.S. citizen, was born in Lebanon to Palestinian refugees and possesses a Lebanese Palestinian travel document. His mother-in-law is a resident of Lebanon and holds a Lebanese-Palestinian travel document. Applicant traveled to Jordan in about 1998 and 2000, and he traveled to Lebanon in 2000, 2001, and 2005. Applicant's familial ties to Jordan and Lebanon raise serious security concerns because they could be exploited by terrorist groups operating inside those countries, resulting in the compromise of classified information. Clearance is denied.


Personal Conduct

08/22/2006

Applicant was terminated for cause from his employment with a hotel for violation of company policy and failure to take responsibility for his actions. Applicant did not list the termination in response to a question concerning being fired from a job on his security clearance application. Clearance is denied.


Alcohol

08/22/2006

Applicant mitigated alcohol consumption security concerns over six alcohol related driving offenses over a 28 year period. The last was in 2001 resulting in intensive alcohol education program. He has since stopped drinking, a decision re-enforced by medical advice based his high blood pressure and family history. Applicant served 20 years in the army retiring in 1989 and has worked for his contractor employer since that time. He is highly regarded by his employer and supervisors. Clearance is granted.


Financial; Personal Conduct

08/22/2006

Applicant's history of financial delinquencies began in the late 1990s. She deliberately failed to report her financial delinquencies on a security clearance application she executed in September 2003, and she offered no credible explanation for her failure to do so. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

08/22/2006

Applicant is 42 years old, and works for a defense contractor. Applicant used controlled substances, alcohol, and tobacco from 1977 until he had a religious conversion on Mothers Day, May 10, 1998, and claims abstinence since then. He used controlled substances while he had a security clearance. On his 1986 initial security clearance applications (SCA) and on his 2003 security clearance renewal application Applicant did not read and disclose his controlled substance use, his criminal arrest history, nor his financial delinquency history, but signed the SCAs prepared for him by the personnel officer. Applicant did not mitigate the drug involvement, personal conduct, and criminal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

08/22/2006

Applicant encountered financial problems as a result of a series of low paying jobs. He has 12 delinquent debts with an approximate total of $10,442. Although he intends to resolve these delinquent accounts, he took minimal action towards resolving any of the delinquent debts even though he became aware of the full extent of his debts in February 2004. He has not made a good faith effort to resolve these debts. His failure to list his delinquent debt on his security clearance application was not deliberate. The personal conduct concern is mitigated. However, he failed to mitigate the security concern arising from his financial situation. Clearance is denied.


Security Violations

08/22/2006

Applicant is 44 years old, married with three children, and has worked for his defense contractor employer since 1983. Since 1997 he has had seven security violations with no compromise of classified information, all occurring in a secure location and involving forgetting to log off a computer or leaving a computer disc in the secure location. Applicant mitigated the security violations concerns. Clearance is granted.


Criminal Conduct; Personal Conduct

08/21/2006

Applicant did not intentionally falsify the security clearance application. Applicant's extensive history of criminal conduct, between 1994 and 2003, that includes two arrests and convictions for Driving While Intoxicated, five incidents of possession of a Controlled Substance, seven incidents of Possession of Paraphernalia , two warnings for Criminal Drugs, five incidents of Driving With a License Revoked, five incidents of Disorderly Conduct (three while attempting to elude police officers), Reckless Driving, Trespassing, Terroristic Threats, Criminal Conspiracy, Shop-lifting, Taking and Receiving Stolen Property, and several outstanding warrants, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence; Criminal Conduct; Personal Conduct

08/21/2006

Applicant's foreign influence has been mitigated. His foreign preference, which includes his twenty year service in the Afghan government and his possession of an Afghan diplomatic passport, his criminal conduct that includes an arrest, charge and conviction for Assault and Battery, and his personal conduct, that includes his intentional falsification of his security clearance application which is a violation of Title 18, United States Code, Section 1001, have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Criminal Conduct; Alcohol

08/18/2006

Applicant was found guilty of Driving Under the Influence (DUI) in 2002 and 2004. He attended alcohol related treatment in 2004. Applicant has consumed no alcohol since July 24, 2004, and he intends never to imbibe again. Mitigation has been shown. Clearance is granted.


Financial; Alcohol; Personal Conduct; Criminal Conduct

08/18/2006

The Applicant's financial difficulties were caused by circumstances largely beyond his control, unemployment or underemployment for more than five years. He has now addressed all of his admitted past due debts, and has a positive monthly cash flow of about $2,000. His last alcohol related arrest was nearly ten years ago; and as such, his past alcohol abuse is not of current security significance. More problematic, however, is his Personal Conduct and related Criminal Conduct. The Applicant was less than candid with the Government when he executed his May 2003 Security Clearance Application (SCA). This wilful falsification is a violation of 18 U.S.C. 1001. Mitigation is not shown. Clearance is denied.


Guideline G

08/18/2006

It is well-settled that officer of the federal government are not bound by state law when carrying out their official duties unless there is a specific act of Congress that expressly indicates otherwise. The ultimate state court dispositions of the 200o and 2003 incidents did not preclude the Judge from finding that the incidents were alcohol-related. Adverse decision affirmed.


Guideline F

08/18/2006

The Board cannot consider new evidence on appeal. Adverse decision affirmed.


Drugs; Personal Conduct

08/17/2006

Applicant experimented with marijuana in high school and used it regularly in college. He also used cocaine twice and hallucinogenic mushrooms once while in college. He graduated from college in 1984, and he continued using marijuana regularly until he was married in 1986, when he reduced his use of marijuana to three or four times a year. He stopped using marijuana in September 2004, after applying for a security clearance and learning his drug use could be an impediment. Security concerns based on drug involvement and personal conduct are not mitigated. Clearance is denied.


Guideline B

08/17/2006

Having found that two of Applicant's siblings were civil servants of the Hong Kong government, the Administrative Judge articulated no rational basis for a conclusion that those siblings were not agents of a foreign power. Favorable decision reversed.


Guideline J; Guideline E

08/17/2006

The Judge's material findings reflect a plausible interpretation of the record evidence. Adverse decision affirmed.


Guideline F

08/17/2006

In accordance with the Directive the Board gives deference to the Judge's credibility determination in this case. Department Counsel disagreement withe Administrative Judge is not sufficient to demonstrate that the Judge erred. Favorable decision affirmed.


Financial

08/15/2006

Applicant held a high-level security clearance for about 19 years as an active-duty service member and a civilian employee of a defense contractor. He has a history of failing to meet his financial obligations, resulting from over-extending the family's credit. He was discharged in bankruptcy in April 2000, but accrued additional delinquent debts between about 2003 and 2005. Applicant began repaying overdue accounts before the initiation of this action. He has obtained financial counseling, his financial situation is stable, and he has made real progress toward resolving delinquencies. I conclude Applicant mitigated the security concerns arising from his history of failing to meet his financial obligations. Clearance is granted.


Foreign Influence; Outside Activities

08/15/2006

Applicant owns a U.S. information technology services company which owns an Indian subsidiary with 50 employees. Applicant's brother, a citizen and resident of India, is employed by the Indian subsidiary. Applicant's wife, parents, sister, and mother-in-law are citizens of India. Applicant provides his parents with $15,000 to $20,000 in support annually, and they reside in his household for several months each year. Applicant failed to mitigate security concerns under Guidelines B and L of the Directive. Clearance is denied.


Foreign Preference; Foreign Influence

08/14/2006

Applicant is an internationally recognized scientist with expertise in a field with direct military applications. His close familial relationships in Israel and his use of his Israeli passport when traveling to Israel raised security concerns under Guidelines B and C of the Directive. At his hearing Applicant provided credible evidence showing he had renounced his Israeli citizenship and surrendered his Israeli passport. Applicant failed to mitigate Guideline B security concerns. Clearance is denied.


Financial

08/14/2006

Applicant accumulated numerous delinquent debts totaling about $7,971 due to financial indiscipline and depression about his marital breakup. After hiring a law firm and enrolling in an on-line financial counseling service, he resolved all his delinquent debts, except two that are disputed, one where the current account holder cannot be located, and one where settlement is pending. The security concern based on financial considerations is mitigated. Clearance is granted.


Financial

08/14/2006

Applicant has a history of failing to meet his financial obligations dating back to the early 1990s. As of the date he answered the SOR, he had seven delinquencies he has been carrying for many years. He failed to show that he is in control of his finances or that he made any effort to repay creditors or otherwise resolve his debts. To the contrary, he refuses to pay his financial obligations. Applicant lacks a track record of financial responsibility. Clearance is denied.


Personal Conduct; Sexual Behavior

08/14/2006

Applicant is 57 years old and works for a federal contractor. From 1978 until 1985, he sexually abused his stepdaughter, but was never criminally prosecuted. He subsequently failed to disclose the misconduct to his employer, and did not disclose the revocation of a previous security clearance on his security clearance application. He failed to mitigate the security concerns raised by his sexual behavior, but did mitigate those raised by personal conduct. Clearance is denied.


Financial; Personal Conduct

08/11/2006

Applicant is a 44-year-old systems analyst working for a defense contractor. In 1984, early in his military career, Applicant married. The couple eventually separated and were living apart by the time he completed a security clearance application in 2003. When completing that application, he stated that he had no liens or delinquent debts. Unbeknownst to him, however, a state tax lien had been entered against him during a military deployment, and several accounts had become delinquent. Applicant has mitigated security concerns regarding his personal conduct, but has failed to mitigate those arising from his finances. Clearance is denied.


Criminal Conduct; Personal Conduct

08/11/2006

This 31-year-old engineer was arrested and convicted of misdemeanor theft in 1973 and was cited for possession of a glass bottle on a beach in 2003. The SOR incorrectly alleged the 1973 incident to be a felony and the 2003 incident to involve alcohol, neither of which is shown by the record. Likewise, the allegations about falsifications on his security clearance application are unsupported since the underlying allegations have not ben shown to be correct. Clearance is granted


Foreign Influence

08/11/2006

Applicant's brother is a citizen and resident of Afghanistan and a high-ranking official in the Afghan government. She has regular contact with him and has recently visited him twice for three or four months at a time. She has one nephew and one niece who are citizens of Afghanistan residing in the U.S. The security concern based on foreign influence is not mitigated. Clearance is denied.


Guideline E; Guideline F

08/11/2006

The Administrative Judge's finding that Applicant was a victim of identity theft was arbitrary, capricious and contrary to the record evidence. Although the Board must give deference to a Judge's credibilty determinations they are not immune from review. Here the Judge's finding is contrary to the record evidence as a whole. Favorable decision reversed.


Guideline G

08/11/2006

The Board cannot consider new evidence on appeal. Given the record evidence, the Judge finding that Applicant failed to establish his current claimed period of abstinence was reasonable. Adverse decision affirmed.


Personal Conduct; Financial

08/10/2006

Applicant is a logistics program analyst for a defense contractor. She admits some and denies other delinquent debts listed on credit bureau reports. She presented documentation to establish disputes on only one of the debts, and no documentation to establish any payments of the debts. She deliberately did not list all of her past due obligation in response to questions on the security clearance application. Clearance is denied.


Financial

08/10/2006

Applicant is a 41-year-old female working for a government contractor involved in the medical insurance field. In response to allegations that she had 19 delinquent accounts, amounting to over $13,500 in debt, she admitted to 13 of the debts and only provided proof that two had been addressed. By failing to mitigate security concerns regarding her finances, Applicant failed to demonstrate assigning her to sensitive duties is clearly consistent with the interests of the national government. Eligibility for an ADP I/II position is denied.


Financial; Personal Conduct

08/10/2006

Applicant owes on several delinquent accounts, including $26,833 in child support arrearage. His claims of 90 percent satisfaction of his consumer credit debt and waiver of child support arrearage are not proven. Financial considerations persist given his failure to timely address delinquencies when he had the income to do so. Personal conduct concerns also persist where he disclosed only one debt of $900 on his security clearance application when he owed more than $13,000 in delinquent consumer credit debt, $10,133 after a voluntary repossession, $5,901 in back federal taxes, $3,184 in judgment debt, and about $30,400 in child support. Clearance is denied.


Financial

08/09/2006

Applicant failed to establish he is resolving more than $22,100 in medical expenses and almost $14,000 in education loans. Clearance is denied.


Financial

08/09/2006

Applicant failed to establish he was financially stable or would be able to resolve his more than $16,800 in delinquent debts in the near future. Clearance is denied.


Personal Conduct

08/09/2006

Applicant, a longtime security-clearance holder, engaged in an affair with Jane Doe, a married, subordinate employee. In June 2000, after investigating the matter, the company terminated or fired Applicant because: (a) Applicant engaged in disparate treatment of employees by showing undue favoritism toward Jane Doe; (b) Applicant had an extramarital affair with Jane Doe, a subordinate employee, and he lied to the company vice-president by denying the affair; and (c) Applicant misused company resources by submitting petty-cash receipts and travel receipts used to carry on the affair. Applicant failed to successfully mitigate the resulting personal conduct security concern. Clearance is denied.


Financial

08/09/2006

In 2000, Applicant was driving a rental car that was involved in an accident. The rental-car-agency was holding him liable because they contended he had not filed a police report to corroborate his claim of not being responsible for the accident. In June 2005, (1) Applicant was informed he owed $9,296.00 to this creditor, and more than $20,000.00 to all creditors listed in the SOR, and (2) he was asked to submit information describing action taken on the debts. Applicant stated he either paid the debts or would pay the debts as soon as possible, and his July 2006 credit bureau report (CBR) verifies his statement. Applicant has successfully mitigated his financial indebtedness. Clearance is granted.


Guideline G; Guideline J

08/09/2006

The Judge's material findings of fact are sustainable. Given the record evidence in this case, the Judge adverse decision is not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline B; Guideline C

08/04/2006

If a Judge does not discuss or even mention a significant aspect of the case that could reasonably be expected to be taken into account then a question arises as to whether the Judge erred. In this case the Judge's failure to discuss the Iranian government's hostility to the US and its poor human rights record renders his analysis under Guideline B arbitrary and capricious. Favorable decision reversed.


Guideline G

08/04/2006

The presence of some mitigating evidence does not alone compel a Judge to make a favorable decision. The possibility that an unfavorable decision could have adverse consequence on Applicant is not relevant or material to an evaluation of the security significance of applicant's conduct. Adverse decision affirmed.


Foreign Influence

07/31/2006

Applicant and his spouse were born in the People's Republic of China (PRC). Applicant became a U.S. citizen in April 2002, and his spouse became a U.S. citizen in January 2004. His parents, sister, mother-in-law, and father-in-law are citizens and residents of the PRC. The security concern based on foreign influence is not mitigated. Clearance is denied.


Financial; Personal Conduct, Criminal Conduct

07/31/2006

Applicant has a long history excessive debt, which he has not attempted to resolve. He intentionally falsified his answers on his security clearance in a attempt to hide his indebtedness. Applicant has not mitigated the government's security concerns regarding his finances, his personal conduct and his criminal conduct. Clearance is denied.


Drugs; Personal Conduct; Financial

07/31/2006

Applicant used marijuana sporadically for 28 years, at times while holding a security clearance. Although he has not used any for four years, it is too soon to conclude that it no longer poses a security concern in light of the length of time he used it, and his contradictory testimony regarding the extent of his past usage. Clearance is denied.


Drugs; Personal Conduct

07/31/2006

Applicant failed to mitigate security concerns based on drug involvement between 1998 and 2005, and failure to accurately state the extent and period of the drug use on his SF 86. Since the last drug use was only one year ago and after submission of his SF 86, no mitigating conditions are applicable. Clearance is denied.


Personal Conduct

07/31/2006

Applicant's breach of his fiduciary duty to both the U.S. Army and his military subordinates demonstrated poor judgement, untrustworthiness, and unreliability--disqualifying him for a security clearance. Clearance denied.


Financial; Personal Conduct

07/31/2006

Forty-year-old Applicant had five alleged debts listed in the SOR. She established one debt was a duplication, and was conscientiously making payments on the duplicated debt. She refuted one debt, and it was removed from her credit report. However, she failed to adequately controvert or pay two debts, even though she had the financial resources to pay them. In August 2004, Applicant completed a SF 86 and falsely answered two questions regarding her financial matters. She has failed to mitigate concerns about financial considerations and personal conduct. Clearance is denied.


Alcohol

07/31/2006

While in the U.S. Navy, Applicant received nonjudicial punishment for alcohol-related misconduct, was convicted of driving while impaired, and was arrested for alcohol-related domestic violence. He successfully completed inpatient rehabilitative treatment in the Navy but was discharged as a rehabilitative failure before he could complete his aftercare program. After his discharge, he obtained personal and marital counseling, attended anger management training, attended Alcoholics Anonymous meetings for more than two years, and has abstained from consuming alcohol for almost four years. He has mitigated the security concern based on alcohol consumption. Clearance is granted.


Financial; Personal Conduct

07/31/2006

Applicant is 38 years old and works for a federal contractor. From 2002 to 2005, he accumulated about $17,000 of delinquent debt as a result of his child's medical condition, his wife's unemployment, and work related travel expenses. When he completed his application for access to sensitive information, he did not disclose the delinquent debts. To-date, he paid one of the debts, and is resolving the others. Applicant mitigated the trustworthiness concerns raised by his financial problems and personal conduct. His eligibility for assignment to a sensitive position is granted.


Foreign Influence; Foreign Preference

07/31/2006

Although Applicant's two siblings are citizens of and residents of Israel, his immediate family, wife and two daughters, are citizens of and reside in the United States. He has held a security clearance for over 22 years without a security violation. When he travels overseas, he follows the proper security procedures. Applicant renewed and traveled on an Israeli passport after becoming a United States citizen. When he was informed of the DoD policy regarding possessing a valid foreign passport, he surrendered his Israeli passport. He has mitigated the foreign influence and foreign preference security concerns. Clearance is granted.


Financial; Personal Conduct

07/31/2006

Applicant was informed in August 2003 that she owed most of the 11 creditors identified in the SOR. Between August 2003 and June 2006, she produced no evidence of repayment of any of the creditors or a plan to address the creditors. Lacking a good-faith effort to repay her debts voluntarily incurred, Applicant has failed to mitigate the adverse evidence under the financial considerations guideline. Conversely, the record shows that Applicant did not intend to omit material information from her trustworthiness application in January 2003. ADP Clearance is denied.


Alcohol; Financial; Personal Conduct

07/31/2006

Applicant, who first realized he was an alcoholic in 1997, struggled to deal with his addiction for the next four years until December 28, 2001. The alcohol consumption concerns are mitigated by his successful completion of two alcohol rehabilitation programs in 2002, ongoing commitment to Alcoholics Anonymous, abstinence for more than four years, and stable lifestyle. Financial considerations persist where he owes more than $30,000 in delinquent debt, including child support arrearage. Personal conduct concerns related to alleged falsification of his security clearance application are not proven. Clearance is denied.


Financial

07/31/2006

Applicant failed to present sufficient evidence to explain, extenuate, or mitigate the security concern arising from his history of not meeting financial obligations and inability or unwillingness to satisfy debts. It appears that he does not have a firm grasp on his financial situation. His status as a delinquent debtor who has just started working with a credit counseling service is insufficient to establish a track record of prudent and responsible financial management that is consistent with holding a security clearance. Clearance is denied.


Alcohol

07/31/2006

Applicant's alcohol abuse--punctuated by alcohol-related arrests in April 1995 and March 2000, and incidents of blacking out or passing out until July 2004--was not mitigated because Applicant demonstrated little insight into his alcohol abuse and provided no corroboration of his claimed changes in lifestyle. Clearance denied.


Guideline B

07/31/2006

A decision by a Hearing Officer Judge is not binding precedent on that Judge's colleagues in other cases nor is it binding on the Board. There is a rebuttable presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Financial; Personal Conduct

07/31/2006

Applicant owed about $54,500 in delinquent debt due to a job layoff when he and his spouse were overextended on credit. While several of the debts have been discharged in a recent Chapter 7 bankruptcy, financial considerations persist where Applicant was behind in his mortgage and property tax obligations. Personal conduct concerns raised by his failure to disclose any delinquent indebtedness on his SF 86 are not mitigated. Clearance is denied.


Personal Conduct; Criminal Conduct

07/31/2006

In April 2001, Applicant was arrested and charged with three counts of felony Child Abuse Parent and pled guilty to three counts of misdemeanor Assault 2nd Degree. When Applicant completed his security clearance application in January 2002, he denied he had ever been charged with or convicted of any felony offense, and he failed to disclose his April 2001 arrest. He also failed to disclose he had received treatment from a mental health professional for anxiety and anger management. Applicant failed to mitigate Guideline J and E security concerns. Clearance is denied.


Personal Conduct

07/31/2006

Applicant is a contract security clearance investigator. He was terminated by a former employer for claiming he had interviewed personal references when he had not done so. Applicant failed to mitigate personal conduct security concerns. Clearance is denied.


Drugs; Personal Conduct

07/31/2006

Applicant has a lengthy history of drug abuse, including the use, possession, purchase, sale, distribution and cultivation of substantial quantities of marijuana between 1987 and 1995, when he was between 16 and 24 years old. He was convicted of drug possession, sentenced to one year confinement, and actually served eight months in jail for his crime. In 2001, after being released from jail and being given a position of trust and an interim security clearance, Applicant smoked marijuana again. Also, Applicant lied on his security application by concealing his 1992 conviction for driving under the influence of alcohol. Applicant has not mitigated the security concerns arising from his history of drug abuse and the falsification of his security clearance application. Clearance is denied.


Guideline B

07/31/2006

Applicant has the burden of presenting evidence to rebut, explain, extenuate or mitigate fact that Department Counsel proved or Applicant admitted regarding his family ties to the People's Republic of China. Applicant also has the ultimate burden of persuasion to obtain a favorable security clearance decision.


Personal Conduct; Security Violations, Criminal Conduct

07/31/2006

Applicant falsified material facts about his drug use and purchase of illegal drugs on two security clearance applications and in interviews with authorized investigators of the Defense Security Service. He also provided false information on a security clearance application about his employment record and his use of illegal drugs while employed as a federal law enforcement officer and while holding a security clearance. Additionally, Applicant admitted security violations while employed as a federal law enforcement officer. Applicant's deliberate falsifications demonstrated a pattern of criminal activity. He failed to mitigate security concerns arising from his conduct under Guidelines E, K, and J of the Directive. Clearance is denied.


Alcohol

07/28/2006

Applicant, a 29-year-old defense contractor employee, mitigated security concern regarding alcohol consumption resulting in arrests for traffic related offenses in 1996 and 2002 by passage of time and clear showing of positive changes in behavior. Clearance is granted.


Foreign Influence

07/28/2006

Applicant's family ties to Russia pose an unacceptable security concern of foreign influence under Guideline B. Clearance is denied.


Financial

07/28/2006

Applicant's business failed after a major client defaulted on a contract and infringed on his copyrighted software. The client declared bankruptcy after a judgment was entered against him. Applicant incurred significant tax liability by early withdrawals from his retirement funds in an effort to save his business. He found new employment, but he was medically disabled from February 2000 until May 2001 and periodically during 2002 and 2003. All these circumstances made him unable to pay his federal income taxes. He returned to full-time employment in April 2004, and he negotiated an installment payment plan for his delinquent taxes in June 2005. He made timely payments for several months until a loan from a friend enabled him to pay off his tax liability in full. The security concern based on financial considerations is mitigated. Clearance is granted.


Guideline F; Guideline E

07/28/2006

The Administrative Judge made findings of fact which were both unsustainable and contrary to the Appeal Board's previous rulings in its remand decision and order. The Judge's conclusions are a a reiteration of those findings and are therefore also unsustainable and contrary to the Board's instructions. Favorable decision reversed.


Financial; Personal Conduct

07/27/2006

As a result of lost work assignments and unemployment, Applicant failed to pay his child support and some other bills for a period of time. He believed that his insurance company was responsible for his unpaid medical bills. He is current in his child support payments, and has paid some of his outstanding bills. He did not intentionally falsify his answers to his security clearance application. He has mitigated the government's concerns regarding his finances and his personal conduct. Clearance is granted.


Financial

07/27/2006

Applicant failed to present sufficient information to explain, extenuate, or mitigate the security concern arising from his history of not meeting financial obligations and inability to satisfy debts. His status as a debtor a few months into a Chapter 13 repayment plan is insufficient to establish a track record of prudent and responsible financial management that is consistent with holding a security clearance. Clearance is denied.


Financial

07/27/2006

Applicant is 45 years old, and applied for a position with a federal contractor that requires a security clearance. Since 1997, he accumulated a significant amount of delinquent debt, as a result of periods of unemployment and job related travel expenses, which he has not resolved. He failed to mitigate the security concerns raised by financial considerations. Clearance is denied.


Criminal Conduct; Drugs

07/27/2006

Applicant has been arrested for assault on several occasions, including a 2005-second degree assault on his wife. He has mitigated security concerns based on drug involvement (use and sale) of marijuana in 2000, but he has not mitigated the security concern based on criminal conduct. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

07/27/2006

Applicant incurred approximately $11,895 in delinquent debt, approximately $7,874 of which consists of child support arrearages. His delinquent debt and his failure to file state and federal income tax returns from 1996 to 2003 raises concerns under Guideline F. Although he has paid off several debts, other debts remain delinquent and he has not filed his state and federal income tax returns. Criminal conduct concerns are raised based on his failure to file his federal income tax returns and four criminal incidents. I find he did not deliberately falsify his security clearance application. However, he has not mitigated the concerns under Financial Considerations or Criminal Conduct. Clearance is denied.


Guideline B

07/27/2006

Applicant failed to allege harmful error on appeal. Adverse decision affirmed.


Personal Conduct, Financial

07/27/2006

Applicant incurred significant debt while a student, as well as other small debts. He still owes a significant amount of his education debt. He has not yet made any payments under his recently negotiated payment plan. He did not intentionally falsify his answers to questions on his security clearance application about the amount of his debt. He has mitigated the government's concerns regarding personal conduct, but has not overcome the government's concerns regarding his financial considerations. Clearance is denied.


Foreign Preference

07/25/2006

Applicant has surrendered his expired and defaced Argentine passport and has made a request to renounce his Argentine citizenship to the Argentine Embassy. His foreign preference has been mitigated and no longer raises a security concern. Clearance is granted.


Financial

07/25/2006

Applicant's financial indebtedness remains unpaid and excessive. Financial rehabilitation has not been shown. Clearance is denied.


Guideline J; Guideline E; Guideline F

07/25/2006

There is a rebuttable presumption that an Administrative Judge is impartial. Applicant has not met his heavy burden of persuasion on the issue of bias. The Administrative Judge made sustainable findings as to a serious history of criminal conduct. Adeverse decision affirmed.


Guideline F; Guideline B

07/25/2006

A decision by a hear officer Judge is not binding on his colleagues in other cases. The Board does not review a case de novo. Applicant's request for a clearance with a warning is not reasonable given the facts of this. It would have been proper to amend the SOR, as Department Counsel sought, to conform to the evidence. Adverse decision affirmed.


Guideline J

07/25/2006

Administrative Judge found that Applicant had been involved in no criminal incidents in seven years and that his criminal conduct was not recent. He specifically concluded that the factors leading to Applicant's violent offenses were not likely to recur. The Judge did not articulate a sufficient rationale for discounting the mitigating effect of Mitigating Condition 1. The Board construes the Judge's decision as relying on Applicant's current level of alcohol consumption which is a problem in this case for several reasons. Adverse decision reversed.


Guideline F; Guideline E

07/25/2006

The Board may not consider new evidence on appeal. In light of the Judge's findings, he could reasonably conclude that Applicant's financial problems were, recent, not isolated and still on-going. Adverse decision affirmed.


Financial

07/24/2006

During the time she was the sole support of her family, Applicant and her then husband incurred significant debt, primarily related to car purchases. Applicant has made some nominal payments on her outstanding debt, but she has not established a plan to pay her remaining debts. She has not mitigated the government's security concerns regarding her financial situation. Clearance is denied.


Criminal Conduct

07/24/2006

In 1985 and 2002, Applicant was arrested and charged with felony assault twice, and twice convicted on misdemeanor charges. His second arrest involved a serious physical assault on a minor after a family argument. He has not mitigated the government's concerns regarding his criminal conduct. Clearance is denied.


Personal Conduct; Drugs

07/24/2006

Applicant repeatedly used and purchased various illegal drugs from October 2002 to November 2003. His pattern of questionable judgment, irresponsibility, and immature behavior especially after having been granted a security clearance, raises grave doubts about his security eligibility and suitability. In January 2006, Applicant promised not to use drugs in the future. However, in the absence of a longer period of confirmed current continuing abstinence and in light of his past conduct, his recent vow to abstain, does not constitute a "demonstrated intent" not to abuse any drugs in the future. Clearance is denied.


Drugs; Financial; Personal Conduct

07/24/2006

Applicant briefly experimented with marijuana shortly after graduating from high school and took one puff of a marijuana cigarette at a party celebrating his completion of ten years of Army service. While in the Army, he incurred four delinquent debts totaling about $17,342. He failed to disclose the debts on his security clearance application. Security concerns based on drug involvement are mitigated, but concerns based on financial considerations and personal conduct are not mitigated. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

07/24/2006

Applicant was arrested for felony possession of cocaine in 1991, underage drinking in 1993, driving while impaired in July 1994, carrying a concealed weapon in August 1994, and first degree murder in 1996. While the murder and concealed weapon charges were dismissed, and he completed the terms of his other sentences, he deliberately omitted his arrests from his applications for employment with the defense contractor and for security clearance. Applicant also did not disclose on his security clearance application five delinquent debts that are still outstanding. Personal conduct and financial considerations concerns are not mitigated. Clearance is denied.


Financial

07/24/2006

Applicant mitigated financial security concerns relating to delinquent debts and his Chapter 13 bankruptcy finalized in April 2006. He has been in the bankruptcy process since 1999 and, because of various factors beyond his control, the process took more time than necessary. The rise in value of his home permitted re-financing and the ability to resolve all delinquent debts. Clearance is granted.


Guideline J; Guideline E

07/24/2006

The challenged finding are either permissible characterizations or harmless error. Applicant's statements about his state of mind were relevant evidence but not binding on the Judge. Adverse decision affirmed.


Guideline I

07/24/2006

Federal courts have repeatedly held that there is no property right in a security clearance. DOHA procedures are civil in nature and Applicants are not entitled to the procedural protection afforded to criminal defendants. Therefore, claims of ineffective assistance of counsel are of no moment in DOHA proceedings. Adverse decision affirmed.


Guideline J

07/21/2006

The application is disqualifying and mitigating conditions does not turn simply on a finding that one or more of them apply to the particular facts of a case. Rather, their application requires the exercise of sound discretion in light of the record evidence as a whole. Adverse decision affirmed.


Guideline B; Guideline E

07/19/2006

There is a rebuttable presumption that federal officials carry out their duties in good faith. There is also a rebuttable presumption that they are impartial and unbiased. Applicant has not met her heavy burden of persuasion on the issue of bias. The Judge was not bound to accept or reject Applicant's explanation, but had to consider it in light of the record as a whole. Adverse decision affirmed.


Guideline F; Guideline J

07/19/2006

Applicant's appeal brief contains no assertion of error on the part of the Judge. Adverse decision affirmed.


Criminal Conduct

07/18/2006

Applicant is 36 years old and applied for a position with a federal contractor for which he needs a security clearance. From September 1990 until May 2004, he was on active military duty. In March 2004, he received a special court-martial for using abusive language and destroying property while training his flight students. He pled quilty and was sentenced, and subsequently honorably discharged in May 2004. He mitigated the security concerns raised by his criminal history. Clearance is granted.


Financial; Personal Conduct

07/18/2006

Applicant failed to present sufficient information to explain, extenuate, or mitigate the security concern arising from his history of not meeting financial obligations and inability to satisfy debts. The record evidence is not sufficient to prove that Applicant deliberately provided false answers to two questions about his financial record on a security-clearance application. Clearance is denied.


Foreign Influence; Foreign Preference

07/18/2006

Applicant is a 53-year-old engineer, born in Iran in 1953. She moved to the United States (U.S.) in 1973 to complete her education and never returned to Iran, except for three or four visits over the next 33 years. Her only ties to Iran are with her elderly parents. Her siblings have all moved to the U.S. and became U.S. citizens. She first obtained a security clearance in 1990 and has never had any problems. She has received security briefings and credibly avers her intent to report any improper contacts. She formally renounced her Iranian citizenship and surrendered her expired Iranian passport. She is married to a native-born American and sees herself only as an American. Mitigation has been shown. Clearance is granted.


Information Technology; Personal Conduct

07/18/2006

Applicant's intentional misuse of his employer's computer occurred over a six month period, and resulted in his employer having to refund money it had improperly billed to its customers. Clearance is denied.


Guideline G; Guideline F; Guideline J; Guideline H

07/18/2006

Applicant does not specify which findings are erroneous. Considering the record evidence as a whole the Judge's material findings are sustainable. There is no requirement that Applicant be provided an audiotape of the hearing. The Administrative Judge articulated a rational basis for not applying any mitigating conditions under Guideline G and Guideline F. Adverse decision affirmed.


Financial; Personal Conduct

07/18/2006

Applicant fell behind in several financial obligations as she struggled to support herself and her two children whose fathers are delinquent in their child support. She is currently living within her means and plans to resolve the delinquent debt still outstanding. The lack of child support income and her satisfaction of several debts mitigate the financial considerations concerns. Personal conduct concerns related to the deliberate omission of delinquent debt from her security clearance application are not established where she alerted the government of her financial problems by disclosing a car repossession. Clearance is granted.


Guideline B; Guideline F

07/18/2006

The Judge's challenged finding are either permissible characterizations or harmless error. The Judge's material finding are sustainable. Given the record before him, the Judge's ultimate adverse conclusion is sustainable. Adverse decision affirmed..


Financial; Personal Conduct

07/17/2006

Applicant is 37 years old and works at a military hospital. From 1997 to 2003, she accumulated about $9,700 of delinquent debt during her former marriage and a period of unemployment, and after incurring medical expenses that were not covered by insurance. When she completed her application for access to sensitive information, she did not disclose all of her debts. Recently, she entered into a repayment plan that will resolve all of the outstanding debt. She mitigated the trustworthiness concerns raised by her financial problems and personal conduct. Her eligibility for assignment to a sensitive position is granted.


Criminal Conduct

07/17/2006

In 1984, when he was 20 years old, Applicant strangled his 18-year-old girlfriend to death. He was convicted of Voluntary Manslaughter, sentenced to 11 years confinement, and actually served over five years in jail. While in confinement he attended counseling and obtained numerous degrees and certificates of training. After his release from jail in 1991, he amassed an excellent record of duty performance and held a security clearance successfully since 1994, mitigating any security concern arising from his prior criminal conduct. Under 10 U.S.C. § 986, the Department of Defense may not grant or continue a security clearance to one who was convicted of a crime, sentenced to more than one year in jail, and actually served more than one year in confinement. Clearance is denied.


Criminal Conduct; Personal Conduct

07/17/2006

Applicant is 30 years old and applied for a position with a federal contractor that requires a security clearance. He has a history of minor criminal conduct, drug use, and employment problems that span a ten-year period. When he completed his 2005 security clearance application, he did not disclose all of his criminal offenses, previous drug usage, or employment terminations. He failed to mitigate the security concerns raised by his criminal and personal conduct. Clearance is denied.


Financial; Criminal Conduct

07/17/2006

Applicant owes about $12,482 in delinquent debt incurred largely due to his spouse's failure to pay their bills on time. She also did not timely file their federal income tax returns for tax years 2000 and 2001. Applicant assumed they had been filed and neglected to ensure their compliance. Timely filing of federal tax returns for subsequent years confirms the failure to file was isolated to a period of marital discord and family tragedy (untimely death of their young son) and is not likely to be repeated. Recent good faith efforts to resolve the delinquent debt are viewed favorably, but financial considerations persist where Applicant and his spouse are behind in paying their cellular phone bill, owe a delinquent towing bill in collection since June 2005, and have little in cash reserve. Clearance is denied.


Information Technology; Personal Conduct; Foreign Influence

07/17/2006

While Applicant mitigated security concerns under Guidelines M and B of the Directive, he failed to mitigate Guideline E security concerns that he deliberately failed to disclose in an initial security interview his receipt of a letter of reprimand for misuse of a sensitive but unclassified computer network. Clearance is denied.


Financial

07/17/2006

This 48-year-old employee of a defense contractor has a history of tax and consumer delinquent debt going back to 1985, only a few of which have been resolved. Mitigation has not been adequately established. Clearance is denied.


Financial

07/17/2006

This 48-year-old employee of a defense contractor has a history of tax and consumer delinquent debt going back to 1985, only a few of which have been resolved. Mitigation has not been adequately established. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

07/17/2006

Applicant is alcohol dependent and was involved in a few alcohol-related incidents both at work and way from work. He has abstained since 4 July 2003 and has sought treatment and attended Alcoholics Anonymous. He mitigated alcohol consumption security concerns but not criminal conduct or personal conduct concerns raised by his inability to fully accept responsibility for deliberately falsifying material facts in statements made in connection with a security determination. Clearance is denied.


Guideline B

07/17/2006

When the government established a case the burden shifts to Applicant to mitigate, extenuate, rebut or explain the government security concerns. In this case the Judge's favorable whole person analysis had little corroboration. A whole person analysis should include reasonable consideration of the nature of the county involved. Favorable decision reversed.


Guideline J

07/17/2006

It is clear that the Department of Defense is prohibited from granting Applicant a clearance under 10 USC §986. Adverse decision affirmed.


Financial; Personal Conduct

07/14/2006

Applicant accumulated numerous debts, including delinquent federal taxes, after he lost his government job but did not adjust his lifestyle. Federal tax liens totaling more than $27,000 were filed against him in 1995 and 1996. He did not file timely federal income tax returns for 1998-2003. In 2004, after applying for a clearance, he filed all his late tax returns, negotiated a settlement of his delinquent taxes, and hired a credit counseling agency to resolve his debts. He intentionally failed to disclose two car repossessions on his security clearance application. He has not mitigated the security concerns based on financial considerations and personal conduct. Clearance is denied.


Foreign Influence

07/14/2006

Applicant's spouse is a citizen of Thailand residing with him in the U.S. His mother-in-law, father-in-law, brother-in-law, and sister-in-law are citizens and residents of Thailand. His father-in-law is a retired air marshal of the Thai Air Force, and his brother-in-law is on active duty as an officer in the Thai Air Force. Applicant has no contact with his foreign in-laws and has taken affirmative steps to distance himself from them. The security concern based on foreign influence is mitigated. Clearance is granted.


Foreign Influence

07/14/2006

Applicant is a naturalized U.S. citizen originally from the former Yugoslavia whose relationship with several foreign relatives posed a security concern that he mitigated at the hearing. Clearance is granted.


Guideline B

07/14/2006

The Judge's whole person analysis relied on numerous unchallenged findings of fact. Two Americans in Afghanistan, one of whom is a credible U.S. government official provided evidence of Applicant's invaluable role in the war against terrorism in Afghanistan. The Judge whole person analysis is sustainable. Favorable decision affirmed.


Foreign Influence; Personal Conduct; Information Technology

07/14/2006

Applicant, a longtime security-clearance holder, engaged in an extramarital affair with an Egyptian citizen while living and working in Egypt on behalf of his defense-contractor employer. When back in the U.S., he used his employer's computer to exchange e-mails with the Egyptian citizen. He lied to his wife and his employer so he could return to Egypt in December 2001. He charged his travel expenses to a company credit card. In January 2002, his employer investigated the matter and elected to end his employment via a scheduled layoff, but otherwise would have fired him for misusing company resources. Applicant failed to successfully mitigate the resulting personal conduct security concern. Clearance is denied.


Guideline D; Guideline E

07/14/2006

Although pro se applicants are not expected to act like lawyers they are expected to take timely reasonable steps to protect their rights under the Directive. Given the evidence that was before him, the Judge's decision was not arbitrary capricious or contrary to law. Adverse decision affirmed.


Sexual Behavior; Criminal Conduct; Personal Conduct

07/14/2006

Applicant, a 52-year-old employee of a defense contractor, mitigated sexual behavior and criminal conduct allegations since all occurred between 25 and 35 years ago. The oldest was an arrest while a juvenile. He has shown rehabilitation since the latest arrest and conviction in 1980. He failed to mitigate personal conduct security concerns be failing to report the two earliest arrests which were felonies at Question 21on his SF 86. Clearance is denied.


Guideline B

07/13/2006

The Administrative Judge found that the Department Counsel had met its burden of demonstrating a prima facie case to deny Applicant a security clearance. He concluded that one mitigating condition (MC 4) applied. He also concluded that a whole person analysis of applicant's case results in a favorable adjudication for Applicant. The Judge failed to analyze specifically the investigation conducted by the Russian Security Service of Applicant and his Russian girlfreind. Given the totality of facts and circumstances in this case, the Judge failed to articulate a sustainable rationale for his ultimate conclusion. Favorable decision reversed.


Guideline F; Guideline E; Guideline J

07/13/2006

Applicant's statements about his intent and state of mind when he executed his security clearance application were relevant evidence but were not binding on the Administrative Judge. Considering the record as a whole, the Judge had a sufficient basis to find that Applicant's omissions were deliberate. Unfavorable decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

07/12/2006

Applicant is 30 years old, a licensed pharmacist, and enrolled in a drug dependence rehabilitation program for the past 32 months. She became addicted to vicodin and oxycodine after she initially took vicodin prescribed by her dentist for a dental condition. During that time she was the pharmacy manager with access to controlled substances. For 16 months she took from her employer's stocks the drugs she self-prescribed for herself. When discovered by her employer, she was terminated and arrested. Then she entered an inpatient treatment program. She remains in the program and is monitored by her state's pharmacist regulatory agency. She did not mitigate the drug involvement, personal and criminal conduct trustworthiness concerns. Her eligibility for assignment to sensitive positions is denied


Alcohol

07/12/2006

Applicant drank alcohol excessively from approximately 1982 to 2002. Despite a doctor's diagnosis of alcoholism in 2002, and a counselor's recommendation that he abstain from drinking in June 2005, he continued to drink through March 2006. Although his enrollment in a treatment program three weeks before the hearing constitutes a step in the right direction, it is insufficient to alleviate the security concern in light of the scope of the problem and his previous relapse. Clearance is denied.


Alcohol

07/12/2006

Applicant drank alcohol excessively from approximately 1982 to 2002. Despite a doctor's diagnosis of alcoholism in 2002, and a counselor's recommendation that he abstain from drinking in June 2005, he continued to drink through March 2006. Although his enrollment in a treatment program three weeks before the hearing constitutes a step in the right direction, it is insufficient to alleviate the security concern in light of the scope of the problem and his previous relapse. Clearance is denied.


Criminal Conduct

07/12/2006

Applicant is a 35 year old machinist employed by a defense contractor. In 1991 he was convicted on two counts of armed robbery and using a firearm in the commission of a felony. He was sentenced to a total of 16 years in confinement with five years suspended. He served eight years and was released on parole in 1999. Under the provisions of 10 U.S.C. §986, he is ineligible to hold a security clearance since he was incarcerated for over one year unless a waiver is granted by the Secretary of Defense. No information was submitted to justify a recommendation for such a waiver. Clearance is denied.


Criminal Conduct

07/12/2006

Applicant is a 35 year old machinist employed by a defense contractor. In 1991 he was convicted on two counts of armed robbery and using a firearm in the commission of a felony. He was sentenced to a total of 16 years in confinement with five years suspended. He served eight years and was released on parole in 1999. Under the provisions of 10 U.S.C. §986, he is ineligible to hold a security clearance since he was incarcerated for over one year unless a waiver is granted by the Secretary of Defense. No information was submitted to justify a recommendation for such a waiver. Clearance is denied.


Criminal Conduct; Personal Conduct

07/12/2006

Applicant's marriage was particularly contentious. On several occasions his ex-wife filed criminal complaints against him, often to obtain leverage in the divorce proceedings. The evidence reveals a single incident of minor domestic assault in 1998. Additionally, on one occasion Applicant downloaded adult material to his company-owned laptop computer contrary to policy. Considering all the evidence, Applicant mitigated the security concerns arising from his personal and criminal conduct. Clearance is granted.


Personal Conduct; Criminal Conduct

07/12/2006

Applicant was arrested for shoplifting in August 2000. He knowingly and willfully failed to list this arrest in his security clearance application and tried to mislead a security investigator about the circumstances surrounding the offense. Applicant failed to mitigate personal conduct and criminal conduct security concerns. Clearance is denied.


Foreign Influence

07/12/2006

Applicant is a 42-year-old United States citizen, who has resided in Germany for a number of years while working for a federal contractor. He has held a security clearance for approximately 24 years without any security violations. In 2002, he married a Ukranian citizen, who resides with him in Germany, along with her young son, also a Ukrainian citizen. His mother-in-law is a citizen resident of Ukraine. Clearance is granted.


Financial

07/12/2006

After her husband was physically disabled some 10 years ago, Applicant has struggled financially. Although she has paid some of the minor debts, she does not have a firm grasp on her financial situation. Clearance is denied.


Criminal Conduct

07/12/2006

Applicant has held a secret-level security clearance since November 1992. His evidence of reform and rehabilitation is sufficient to mitigate the criminal conduct security concern raised by his two marijuana-related convictions in 1986 and 1988. In addition, Applicant's 1988 conviction and sentence to confinement for five years does not fall within the meaning of the 10 U.S.C. § 986, because he was incarcerated for less than one year. Clearance is granted.


Criminal Conduct

07/12/2006

Applicant served approximately two years in prison as the result of a felony drug conviction in 1988, and he was charged and convicted for driving under the influence of alcohol in 1996. Although he mitigated the criminal conduct security concerns, 10 U.S.C. § 986, as amended, disqualifies him from eligibility for a security clearance. Clearance is denied.


Criminal Conduct; Personal Conduct; Alcohol; Financial

07/12/2006

Applicant is 58 years old, divorced with four children, and is employed by a defense contractor. Applicant has two driving under the influence of alcohol (DUI) convictions in two states, failed to file federal and state tax returns and pay taxes for several tax years between 1989 and 2002, and failed to disclose his most recent DUI arrest on his security clearance application a month after it occurred. Applicant did not mitigate the criminal conduct, personal conduct, alcohol consumption, and financial considerations security concerns. Clearance is denied.


Guideline E

07/10/2006

The Board cannot consider new evidence on appeal. A party's disagreement with the Administrative Judge's weighing of the evidence is not sufficient to demonstrate error. The Judge made sustainable findings. The Judge's ultimate adverse decision is not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline B

07/10/2006

Although the Administrative Judge made a finding of fact regarding Applicant's religion, it is apparent from the decision as a whole that the finding was not a component of the Judge's ultimate decision. The Judge's decision to cut Applicant off at one juncture in a discussion of his finances was at most harmless error, because Applicant had other opportunities to discuss his financial interests and the record was developed in that regard. The Applicant did not establish harmful error. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

07/07/2006

Applicant failed to mitigate delinquent debts of nearly $10,000.00 incurred over several years with only sporadic attention to the problem and little ability to pay with the salary of a bus driver on a military base. He has a learning disability and difficulty with reading and verbal skills which caused misunderstanding and failure to report delinquent debts and garnishments on his SF 86. Personal conduct and criminal conduct arising from these omissions are deemed mitigated. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

07/07/2006

Applicant is 55 years old, married, and works for a defense contractor. He has lived in the U.S. since 1970, been a citizen since 1981, and worked for the same company since 1979. He has had a security clearance for 22 years. He emigrated from Lebanon, and has two widowed sisters still living there with their children. All his other immediate family members are either deceased or living in the U.S. or Canada. He surrendered his Lebanese passport and identification card, renounced his Lebanese citizenship. Applicant has not mitigated the foreign preference, foreign influence, and personal conduct security concerns. Clearance is denied.


Alcohol; Personal Conduct

07/06/2006

In 1999 and 2004, Applicant was charged with driving under the influence of alcohol. His favorable evidence is not sufficient to establish his past use of alcohol is no longer a concern. Applicant also deliberately failed to disclose his 2004 driving under the influence charge and related treatment in his 2004 SF 86. Applicant's overall behavior, including his demeanor and testimony, does not instill confidence that he can be trusted to properly safeguard classified information. He failed to mitigate security concerns raised by his alcohol consumption and personal conduct. Clearance is denied.


Financial

07/06/2006

Applicant's financial problems arose from circumstances largely beyond his control, including a marital separation and divorce, a serious physical injury, and unexpected unemployment. Attempts to resolve his debts, including a Chapter 13 bankruptcy action and sale of his former home, were unsuccessful. He still faces substantial delinquent debt and his plan to repay it from his recently-increased earnings is speculative. I conclude Applicant failed to mitigate the security concerns arising from his history of failing to meet his financial obligations and inability to satisfy his debts. Clearance is denied.


Financial

07/06/2006

Applicant's financial problems arose from circumstances largely beyond his control, including a marital separation and divorce, a serious physical injury, and unexpected unemployment. Attempts to resolve his debts, including a Chapter 13 bankruptcy action and sale of his former home, were unsuccessful. He still faces substantial delinquent debt and his plan to repay it from his recently-increased earnings is speculative. I conclude Applicant failed to mitigate the security concerns arising from his history of failing to meet his financial obligations and inability to satisfy his debts. Clearance is denied.


Financial

07/06/2006

Applicant is a 45-year-old male working for a defense contractor. Approximately five to six years ago, he underwent a period of unemployment and underemployment which caused him to acquire debt. After returning to work, he continued to ignore his creditors until some of the debts became barred from collection under the state Statute of Limitations. He claims that a number of the accounts noted on his credit report are listed erroneously, but has provided no proof he has disputed them. Applicant has failed to mitigate security concerns. Clearance is denied.


Guideline C; Guideline B

07/06/2006

The fact that Applicant's explanations and his mitigating evidence did not lead the Judge to a favorable conclusion does not establish error. The Judge articulated a rational basis for not applying mitigating conditions. Adverse decision affirmed.


Guideline F

07/06/2006

Given the record evidence it was not arbitrary, capricious or contrary to law for the Judge to give Applicant credit for the mitigating evidence he produced under mitigating condition 1. Also, the Board has previously noted that mitigating condition 3 need not be interpreted so narrowly as to preclude a Judge from applying the condition in cases where Applicant has not demonstrated that the debts became delinquent as a direct result of the circumstances beyond Applicant's control. Favorable decision affirmed.


Guideline E: Guideline J

07/05/2006

Applicant's brief contains no assertion of error on the part of the Administrative Judge. Adverse decision affirmed.


Guideline B

07/05/2006

The Administrative Judge made one erroneous adverse finding. The remainder of the adverse findings and conclusions were sustainable. The error was harmless. Adverse decision affirmed


Guideline E

07/05/2006

Applicant has failed to demonstrate that the Administrative Judge's material findings were not reasonable interpretations of the record evidence. Applicant was received adequate notice of the government's security concerns. Applicant has not met her burden of demonstrating that the Judge's credibility determinations is unsustainable. Adverse decision affirmed


Guideline F; Guideline E

07/03/2006

Applicant failed to claim error on the part of the Administrative Judge. Adverse decision affirmed.


Guideline F; Guideline E

07/03/2006

Appealing party must claim error in the case below. Adverse decision affirmed.


Guideline F; Guideline E; Guideline J

07/03/2006

The Board may not consider new evidence on appeal. Given the record evidence the Judge was not obligated to conclude that Applicant had demonstrated sufficient mitigation to overcome the government's security concerns under any of the alleged guidelines. Adverse decision affirmed.


Guideline G; Guideline J; Guideline F; Guideline E

07/03/2006

The Board may not consider new evidence on appeal. Although Applicant disagrees with the Administrative Judge's conclusions he has not demonstrated that they are arbitrary, capricious or contrary to law. Adverse decision affirmed.


Guideline E; Guideline D

07/03/2006

The Judge made detailed findings of fact for each SOR allegation and explained his conclusions regarding the application of mitigating conditions under the two guidelines. Adverse decision affirmed.


Criminal Conduct; Alcohol

06/30/2006

Applicant is a 23-year-old structural welder seeking employment with a defense contractor. From 2000 through 2004, he was arrested or cited for several alcohol-related misdemeanors, including underage drinking, carrying alcohol, property damage, and criminal trespass. Although his criminal conduct from age 17 to 21 may be attributable to youthful indiscretion, one year of abstinence does not mitigate alcohol consumption security concerns. Clearance is denied.


Financial

06/30/2006

While he claimed he had one of the delinquent credit accounts renegotiated with another bank, he provided no documentation. Even if he was successful in renegotiating one of his old debts, Applicant fails to mitigate the security concerns associated with his delinquent debts. Clearance is denied.


Drugs; Criminal Conduct

06/30/2006

Applicant is a 53-year-old field engineer for a defense contractor. From March 1999 to April 2000, Applicant admits using cocaine 12 times. In April 2000, he was arrested and convicted for distributing cocaine. He was placed in a pre-trial intervention program which he successfully completed. He has not used cocaine since April 2000, and demonstrated an intent not to abuse drugs in the future. Applicant has mitigated security concerns for drug abuse and criminal conduct. Clearance is granted.


Financial; Personal Conduct

06/30/2006

Applicant incurred four delinquent debts with a total approximate balance of $12,493. A medical condition placed him on disability for a few months and forced to him to leave his part-time job. This made it difficult for him to pay his debts. After attempting to resolve his accounts through credit counseling, he filed for Chapter 7 bankruptcy. His delinquent debts have been discharged. He lives within his means. His failure to list his delinquent debts on his security clearance application was not deliberate. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

06/30/2006

Applicant has approximately $5,561 in delinquent debt to include a tax lien. She is separated from her husband who provides no child support. Although she has taken steps to save expenses by moving in with her in-laws during the week and her mother on the weekends, she took no active steps to resolve the tax debt and other debts until after the hearing. The debts remain unresolved. From 1988 to 2000, she was prosecuted 19 times for writing fraudulent checks. Based on her past financial history, it is too soon to conclude her financial situation is under control. Applicant's eligibility for a assignment to a sensitive position is denied.


Financial; Criminal Conduct; Personal Conduct

06/30/2006

Applicant has approximately $5,561 in delinquent debt to include a tax lien. She is separated from her husband who provides no child support. Although she has taken steps to save expenses by moving in with her in-laws during the week and her mother on the weekends, she took no active steps to resolve the tax debt and other debts until after the hearing. The debts remain unresolved. From 1988 to 2000, she was prosecuted 19 times for writing fraudulent checks. Based on her past financial history, it is too soon to conclude her financial situation is under control. Applicant's eligibility for a assignment to a sensitive position is denied.


Financial; Personal Conduct

06/30/2006

Applicant is 46 years old and works for a federal contractor. Since 1999, she has accumulated a significant amount of debt as a result of marital issues and unemployment. To-date she has not paid or resolved a significant portion of it. When she filed her security clearance application in March 2004, she did not disclose certain delinquent debts. She failed to mitigate the security concerns raised by financial considerations, but did mitigate those raised by her personal conduct. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

06/30/2006

This 50-year-old employee of a defense contractor has a history of financial problems that have only partially been resolved, a history of alcohol-related arrests and convictions, and four significant falsifications on his security clearance application, each of which is a violation of 18 U.S.C. 1001. Mitigation has not been adequately established. Clearance is denied.


Foreign Influence

06/30/2006

Applicant's family ties to Israel pose an unacceptable security concern or risk of foreign influence under Guideline B. Clearance is denied.


Drugs

06/30/2006

Applicant's drug involvement from 2000 to 2003 has not been mitigated. His drug use is aggravated by the fact he purchased both marijuana and cocaine. He as arrested and convicted of drug-related offenses in 2000. Clearance is denied.


Financial; Personal Conduct

06/30/2006

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


Criminal Conduct; Personal Conduct; Financial

06/30/2006

Applicant admitted criminal conduct from 1984 until 2003. His admissions of criminal activity show a pattern of criminal conduct. He also gave false answers on his security clearance application about alcohol or drug related charges and delinquent debts. He has a history of unpaid debt. He failed to mitigate the security concerns about criminal conduct, personal conduct, and financial considerations. Because he served 14 months imprisonment, the provisions of 10 U.S.C. § 986 apply and he is ineligible for a security clearance. Clearance is denied.


Financial; Personal Conduct

06/30/2006

The Applicant has not mitigated the security significance of his past due indebtedness. In addition, he falsified a security clearance application in 2003 concerning his marital status. Finally, his conduct in falsifying official Government records in 2000 concerning his marital status has also not been mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

06/30/2006

Applicant's family ties to Israel pose an unacceptable security concern or risk of foreign influence under Guideline B. Furthermore, Applicant possesses an Israeli passport which precludes him from holding a security clearance under current DoD guidelines. His possession and use of a foreign passport creates an unacceptable foreign preference concern under Guideline C. Clearance is denied.


Personal Conduct

06/30/2006

In 2002, Applicant proposed another contractor employee (renter) to enter into a false rental property agreement with an inflated rent payment to cover part of Applicant's home mortgage payment and a kickback to the renter. At the time, he was 26 years old, held a security clearance, and had worked for the government for approximately six years. Applicant failed to present sufficient evidence to mitigate security concerns raised by his personal conduct. Clearance is denied.


Personal Conduct

06/30/2006

In 2002, Applicant proposed another contractor employee (renter) to enter into a false rental property agreement with an inflated rent payment to cover part of Applicant's home mortgage payment and a kickback to the renter. At the time, he was 26 years old, held a security clearance, and had worked for the government for approximately six years. Applicant failed to present sufficient evidence to mitigate security concerns raised by his personal conduct. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

06/30/2006

Applicant has a long-standing alcohol consumption problem. After a couple of attempts at rehabilitation, it appears he is on the road to sobriety. But he does not have a sufficient record of recent sobriety to grant him a clearance. The evidence is insufficient to support allegations under personal conduct and criminal conduct that he deliberately misled the security investigator. Clearance is denied.


Alcohol; Drugs; Personal Conduct

06/30/2006

Applicant, age 38, admitted alcohol abuse since the age of 12. He used marijuana in 1991, while employed by a federal agency, and from 1999 to 2000. He admitted giving a false answer on his security clearance application and during an interview with a federal investigator. He failed to mitigate the security concerns about alcohol consumption, drug involvement, and personal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

06/30/2006

Applicant is 30 years old, married, and has three children. He works for a defense contractor. Since 1998 he has had financial difficulties of his own making, spending more money than he makes. He filed Chapter 7 bankruptcy in 2005. He deliberately failed to disclose his financial difficulties on his 2002 security clearance application and admitted so. He did not mitigate the financial considerations, personal conduct, and criminal conduct security concerns. Clearance is denied.


Financial

06/30/2006

Applicant's history of financial difficulties makes him unsuitable for a security clearance. Clearance denied.


Financial; Personal Conduct; Criminal Conduct

06/30/2006

Applicant has a history of unresolved financial delinquencies. He has been fired from jobs by six employers. He failed to list previous terminations on a job application, and he falsified his security clearance application by omitting two terminations, in response to Question 20, and by omitting relevant and material information about his financial delinquencies, in response to Questions 38 and 39. Applicant failed to file his federal and State income tax returns for tax years 2001 and 2002. Applicant failed to mitigate security concerns under Guidelines F, E, and J. Clearance is denied.


Drugs; Alcohol

06/30/2006

Applicant abused marijuana from 1980 to at least May 2002. His abstinence from illegal drugs since with no intent of future involvement is mitigating of the drug involvement concerns. He abused alcohol to as recently as February 2006 and was arrested for drunk driving in March 1984 and October 2000. Alcohol consumption concerns are not mitigated as he continues to consume alcohol at times to intoxication after receiving treatment for alcohol abuse and being advised by a physician to abstain from drinking. Clearance is denied.


Criminal Conduct

06/30/2006

Applicant's failure to file federal income tax returns from 1993 to 2003 generates a security concern regarding his judgment, reliability and trustworthiness. In light of the length of time he ignored this responsibility, his recent filing of the delinquent returns is insufficient to mitigate this concern. Clearance is denied.


Foreign Influence

06/30/2006

Applicant's two brothers are citizens and residents of Iran. Since leaving Iran in 1977, Applicant has visited Iran in 1990 and 2004. He has mitigated the trustworthiness concerns and his eligibility for assignment to a sensitive position is granted.


Foreign Preference; Foreign Influence; Personal Conduct

06/30/2006

Applicant mitigated the security concerns raised under foreign preference by demonstrating that she lost her Zimbabwean citizenship as a matter of Zimbabwean law when she became a naturalized U.S. citizen in November 2003, and she had surrendered her Zimbabwean passport to the Zimbabwean Embassy in February 2006. Applicant mitigated the security concerns raised under foreign influence by demonstrating that her family members living in Zimbabwe were not agents of a foreign government or so situated as to provide a point of influence on Applicant. Clearance granted.


Criminal Conduct; Personal Conduct

06/30/2006

Applicant has a 30-year history of criminal activity involving numerous arrests. While in the Marine Corps, he was awarded non-judicial punishment four times and his career ended following a two-year unauthorized absence terminated by apprehension. He was discharged under other than honorable conditions in lieu of court-martial. When completing his security clearance application, he falsified five responses which dealt with his past criminal conduct and military service. Applicant failed to mitigated criminal and personal conduct concerns. Clearance is denied.


Financial

06/30/2006

Applicant has approximately $23,717 in delinquent debt. In January 2005, she enrolled in a debt repayment program but was released from the plan in November 2005 after she missed two payments. Although she has recently entered into repayment plans with four of her creditors, it is to soon to conclude that she will be able to make consistent payments towards these plans. She has taken no action to resolve other debts. It is too soon to conclude her financial situation is under control. Applicant's eligibility for a assignment to a sensitive position is denied.


Personal Conduct; Criminal Conduct

06/30/2006

In 2001, Applicant was arrested for possession of marijuana. In 2003, he gave false answers on his Security Clearance Applicant about the arrest and his finances. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his personal conduct and criminal conduct. Clearance is denied.


Foreign Influence

06/30/2006

Applicant mitigated the foreign influence concerns raised by his family members residing in the middle east by demonstrating that none of them were agents of a foreign government or otherwise situated to be a source of pressure or influence on Applicant. Trustworthiness determination granted.


Alcohol; Criminal Conduct: Personal Conduct

06/30/2006

Applicant is 40 years old and works as a program analyst for a federal contractor. He has a history of alcohol abuse and alcohol related criminal charges that extend from 1985 to 1999. In the summer of 1999, he participated in a four-month alcohol rehabilitation program; however, in the fall of 1999, he was involved in a car accident after he consumed alcohol. He stated he continued to consume alcohol until 2004. He did not present any credible evidence of alcohol rehabilitation or treatment documenting sobriety, sufficient to mitigate the trustworthiness concerns raised by alcohol abuse and criminal conduct. He did mitigate those concerns raised by his personal conduct. His eligibility for assignment to a sensitive position is denied.


Financial; Personal Conduct

06/30/2006

Applicant's bankruptcy discharge in September 1995, followed by continuing financial problems, are not mitigated or extenuated by his periodic unemployment. Applicant, rather than events outside his control,, was the reason for his unemployment. In addition, he has not mitigated the deliberate omission of his security clearance application in June 2003. Clearance is denied.


Financial; Personal Conduct

06/30/2006

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


Foreign Preference; Foreign Influence

06/30/2006

Applicant is 44 years old, married, and works for a defense contractor. She was born in Singapore, immigrated in 1978 to the U.S. for her college education, and became a U.S. citizen in 1990. Her retired parents and one brother with his family live in Singapore where they are citizens. She has title to an apartment in Singapore in which her parents live. Applicant mitigated the foreign preference and foreign influence security concerns. Clearance is granted.


Financial

06/30/2006

Applicant is a 32-year-old employee of a federal contractor. He incurred $11,716 in debts that have been delinquent for nearly four years. He moved with his job out of the country in 2001. He was recently divorced. He blames his lack of progress in resolving debts on his divorce and a loss of records during his move. He has made virtually no progress in resolving his indebtedness. He failed to mitigate security concerns regarding financial considerations. Clearance is denied.


Financial

06/30/2006

Applicant is a 32-year-old employee of a federal contractor. He incurred $11,716 in debts that have been delinquent for nearly four years. He moved with his job out of the country in 2001. He was recently divorced. He blames his lack of progress in resolving debts on his divorce and a loss of records during his move. He has made virtually no progress in resolving his indebtedness. He failed to mitigate security concerns regarding financial considerations. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

06/30/2006

Applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated foreign preference and was not mitigated where Applicant had neither surrendered the passport nor obtained formal approval for its use. He failed to mitigate the foreign influence concerns raised by his family members residing in Colombia. He deliberately failed to disclose his possession of a valid foreign passport within the last seven years. Clearance denied.


Foreign Preference; Foreign Influence

06/30/2006

Applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated foreign preference which was not mitigated since Applicant had neither surrendered the passport nor obtained formal approval for its use. However, Applicant mitigated the foreign influence concerns raised by his family members residing in the middle east by demonstrating that none of them were agents of a foreign government or otherwise situated to be a source of pressure or influence on Applicant. Clearance denied.


Criminal Conduct; Alcohol

06/30/2006

Applicant was arrested in 1993 for Driving Under the Influence (DUI) of alcohol and convicted of Driving While Ability Impaired (DWAI). In 1997, he was arrested for DUI and pleaded guilty to DWAI. In 2003, he was arrested for DUI and pleaded guilty to DUI-Second Offense. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from Applicant's criminal conduct and alcohol consumption. Clearance is denied.


Foreign Preference; Foreign Influence

06/29/2006

Applicant, who is a U.S. citizen by birth and dual citizen fo Brazil solely by virtue of his parents' birth in the country, and who applied for and obtained a Brazilian passport for use in traveling back and forth to Brazil to visit his family members residing in the country, fails to absolve himself of preference concerns, despite his being a U.S. citizen by birth and his having no identified financial interests in Brazil. Because Applicant's immediate and extended family members who reside in Brazil and the U.S. (Applicant's spouse) are not shown to be either agents of a foreign government or potentially vulnerable to pressure or coercion, security risks associated with foreign influence are mitigated. Clearance is denied.


Financial; Personal Conduct

06/29/2006

Appellant has a history of delinquent debts and four judgments she accumulated as a result of increased child responsibilities following her loss of child support and periods of temporary unemployment. She has not been able to document any payment initiatives and fails to mitigate security concerns about her finances. Applicant also fails to refute or mitigate allegations that she falsified her security clearance application by omitting her unpaid judgments and most of her debts over 180 and 90 days delinquent, respectively. Clearance is denied.


Alcohol; Criminal Conduct

06/29/2006

Applicant is a self-described alcoholic who abused alcohol for more than 25 years. In August 2002, he blacked out at the wheel of his automobile while highly intoxicated and crashed into another car, injuring its occupants. Since that incident, he has abstained from alcohol, successfully completed intensive counseling, and has been an active participant in Alcoholic's Anonymous. His dedication to sobriety coupled with the favorable prognosis from his counselor mitigates the alcohol consumption security concern. Clearance is granted.


Criminal Conduct; Personal Conduct

06/29/2006

Between June 1991 and January 1999, Applicant was arrested on four occasions. The charges consisted of two shoplifting offenses, driving under the influence, and assault. Three of the arrests occurred between October 1998 and January 1999 during the break up of her first marriage. She has remarried, enjoys her job and has a stable family life. She has had no subsequent arrests. Her failure to list a 1998 assault charge in response to question 21 on her security clearance application was not deliberate. The criminal conduct and personal conduct concerns have been mitigated. Clearance is granted.


Foreign Influence

06/29/2006

All of applicant's immediate family members, including his minor daughter, are residents and/or citizens of foreign countries. These family members leave applicant vulnerable to coercion or pressure. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

06/29/2006

Applicant's brother-in-law and two sisters-in-law are citizens and residents of the Republic of China (Taiwan). In 1995, 14 years after becoming a U.S. citizen, Applicant acquired a Taiwan passport and gave it to his mother as a memento. In 1997, on a security clearance application, Applicant acknowledged having the active Taiwan passport, stated he acquired it "to replace an old Taiwanese passport," and further stated it had expired in September 1996. Applicant did not acknowledge possessing the Taiwan passport on his 2002 security clearance application. Applicant failed to mitigate disqualifying conditions under Guidelines B, C, and E of the Directive. Clearance is denied.


Financial; Personal Conduct

06/28/2006

Applicant has had a history of financial difficulties. He has paid off the majority of his debts, and he has a legitimate dispute with four of his remaining overdue bills. His financial situation is now stable and current. Applicant reasonably believed that the financial information that he provided to the Government on a Security Clearance Application (SCA), regarding his overdue debts was materially correct, and the evidence has not established that he was wrong. Mitigation has been shown. Clearance is granted.


Guideline B

06/28/2006

Although the Judge analyzed this case principally in the context of disqualifying and mitigating conditions he also referred to the whole person factors and made extensive findings of fact. Given the record evidence in this case the Judge's conclusions are sustainable. Adverse decision affirmed.


Guideline E; Guideline F; Guideline J

06/28/2006

The Administrative Judge discounted Applicant's admission against interest in a manner unsupported by the record evidence. The Judge failed to articulate a rational explanation as to why Applicant's statement was not an accurate description of his state of mind. Although the Board must give deference to credibility determinations, that deference does not immunize credibility determinations from review. Favorable decision reversed


Financial; Personal Conduct

06/27/2006

Applicant is a 36-year-old employee of a defense contractor. He has delinquent debts and judgments totaling $39,500.00. He deliberately omitted relevant information on his 2004 security clearance application. Applicant has not mitigated the security concerns arising from his financial difficulties and personal conduct. Clearance is denied.


Foreign Influence

06/27/2006

Applicant is a 47-year-old program manager fora defense contractor. He was born in Lebanon, but has lived in the U.S. and became a U.S. citizen in1984. He has a mother and siblings in Lebanon, but his wife and children are all U.S. citizens and residents. He owns a house in Lebanon, but its value is minimal when compared to his U.S. home and other assets. He has held a security clearance for many years, working in the defense industry, and is highly thought of by his colleagues. He has received security awareness training and strongly avers he will always protect U.S. interests Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

06/27/2006

Applicant has a history of financial delinquencies dating back several years. He deliberately failed to report his financial delinquencies on a security clearance application he executed in August 2004, and he offered no credible explanation for his failure to do so. Clearance is denied.


Financial; Personal Conduct

06/27/2006

Applicant filed bankruptcy in 1998. Since then he has accumulated substantial unpaid debt. The illnesses and deaths of three family members depleted his savings because he paid to help them with medical bills, funeral costs, and his costs of travel cross-country. He had significant periods of unemployment, the last occasioned by this security clearance process. He provided a false answer to one question on a security clearance application, however, it was an isolated occurrence. He successfully mitigated security concerns about his financial considerations and personal conduct. Clearance is granted.


Financial; Personal Conduct

06/27/2006

Applicant's delinquent financial indebtedness has not been resolved. Her omissions on her security clearance application were not intentional. Clearance is denied.


Financial

06/27/2006

Applicant has held a security clearance since 1979. In 2000 and 2001, she suffered personal losses which caused her to avoid her financial responsibilities for several years. Applicant claimed personal assets worth over $800,000. At the time of her hearing, she owed approximately $21,000 to four creditors. While she provided evidence showing she had paid or settled several additional delinquencies and participated in consumer credit counseling after her hearing, Applicant's promises to pay her remaining debts were not a substitute for a consistent record of timely remedial action. Clearance is denied.


Financial: Criminal Conduct

06/27/2006

Applicant is 28 years old and works for a federal contractor. Since 1999, she has accumulated a significant amount of debt, some of which she has paid and other that remains unresolved. In addition, she has not filed her 2001 and 2002 state and federal income tax returns, despite assurances that she would. She failed to mitigate the security concerns raised by financial considerations and criminal conduct. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

06/27/2006

Applicant lives in the Republic of Korea with his wife who is a citizen of South Korea. Between 1986 and 1987, Applicant was arrested six times, which he failed to list on his security clearance application. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his wife's foreign citizenship and residence, the arrests, and his failure to list the arrests on his application. Clearance is granted.


Foreign Influence; Foreign Preference

06/27/2006

Applicant is employed by a federal contractor. He, his wife, children, and mother are U.S. citizens residing in the U.S. His brother and mother-in-law are citizens of and reside in Iran. He holds an Iranian passport and dual citizenship status. Using the "whole person concept" he has not mitigated security concerns under Guideline B foreign influence. He expressed a willingness to renounce his Iranian citizenship, but he has not surrendered his valid Iranian passport. His reasons for retaining his passport are for personal convenience. He has not mitigated security concerns under Guideline C foreign preference. Clearance is denied.


Financial; Criminal Conduct; Drugs; Personal Conduct

06/27/2006

Applicant's delinquent financial indebtedness has not been resolved, and his intentional falsifications on his security clearance application and in his signed sworn statement are violations of Title 18, United States Code, Section 1001, a felony, and have not been mitigated. His illegal drug use and related criminal arrests have been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

06/27/2006

Applicant is employed by a federal contractor. He is a naturalized citizen, having immigrated from Israel. He is divorced. He has two children that are U.S. citizens, one by birth, the other by naturalization. He is a dual citizen of the U.S. and Israel. He has an expired Israeli passport and he is willing to renounce his dual citizenship. He has mitigated security concerns about foreign preference. Using the "whole person concept," he successfully mitigated security concerns about foreign influence. Clearance is granted.


Financial Considerations

06/26/2006

Applicant has had a history of financial difficulties. He recently filed for bankruptcy, but thus far none of his debts has been discharged. Based on his current 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; Personal Conduct; Criminal conduct

06/26/2006

Applicant failed to mitigate his history of not meeting his financial obligations. Though he mentioned a divorce in 1998 and reduced employment earnings as reasons for his indebtedness, he provided no specific information on how these events impacted his financial responsibility to pay the bills six years later. He has also failed to explain how his reduced income prevented him form at least contacting the creditors to negotiate some kind of settlement or repayment plan. Clearance is denied.


Foreign Influence

06/26/2006

The Applicant's wife and in-laws are citizens of Taiwan. His in-laws continue to live there. They are not agents of the Taiwanese government, or in a position to be exploited by that government. There is no reasonable possibility of coercion in this case. The Applicant is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct

6/26/2006

Applicant is a 37-year-old female who works as a research assistant for a defense contractor. She took pleasure trips to Syria in 1997 and 1999, but did not list that travel on her security clearance application. While in Syria in 1997, she used her Syrian passport, rather than her U.S. passport, to enter and exit that country. While there, she visited her father and brother, citizens and residents of Syria. Applicant falsified material facts on her security clearance application when she failed to disclose that she possessed a Syrian passport. Applicant has not mitigated the security concerns pertaining to foreign preference, foreign influence, and personal conduct. Clearance is denied.


Financial

06/23/2006

Applicant presented sufficient evidence to explain, extenuate, and mitigate the security concern arising from her history of not meeting financial obligations. Clearance is granted.


Financial, Personal Conduct

06/23/2006

Applicant is a 48-year-old woman who has been employed by a defense contractor since November 2003. Applicant has not mitigated all the financial security concerns because she still has two unpaid judgments. Also, she falsified material facts on her security clearance application when she responded that she did not have any unpaid judgments against her. Clearance is denied.


Financial ; Criminal Conduct; Personal Conduct

06/23/2006

Appellant has a history of financial irresponsibility. In 1996, he filed for Chapter 13 bankruptcy which was dismissed due to his inability to make payments. He owes approximately $4,337 to 18 different creditors. He owes the Internal Revenue Service approximately $9,024 and owes approximately $1,758 in state taxes. He has not filed federal and state income tax returns since 1995. He was prosecuted for writing worthless checks on two occasions. Warrants were issued for his arrest on seven occasions related to his failure to pay restitution on the worthless checks. The debts remain delinquent and his federal and state income tax returns have not been filed. Security concerns remain. Clearance is denied.


Guideline F; Guideline E

06/23/2006

The Judge's determination that she found Applicant credible runs contrary to the record evidence. The record indicates that Applicant was well aware of his history of indebtedness. The Judge must articulate a satisfactory explanation for her conclusions in light of the record evidence.


Financial, Personal Conduct; Criminal Conduct

06/23/2006

Applicant is a 49-year-old warehouse production specialist who has worked for 12 years for a federal contractor. She held a secret clearance for part of that time. In 2003, she had $93,000 in delinquent debts discharged in bankruptcy. She could not have her back taxes or criminal fines discharged and still owes taxes for four years listed on the Statement of Reasons and for 4-5 years not listed. Applicant failed to honestly answer questions on her security clearance application about her finances. Applicant has failed to mitigate security concerns under Guideline F, financial considerations, Guideline E, personal conduct, and Guideline, J, criminal conduct. Clearance is denied.


Foreign Influence

06/22/2006

Applicant's grandmother, two brothers and a sister are citizens and residents of Sudan. His parents and three sisters are citizens of Sudan residing in the United Arab Emirates (UAE), and his mother is employed by the UAE school system. He has not mitigated the security concern based on foreign influence. Clearance is denied.


Financial; Personal conduct; Criminal conduct

06/22/2006

Applicant failed to mitigate security concerns relating to 20 delinquent now totaling nearly $10,000.00 accumulated because of low income from hourly wages as a painter. Applicant seeks a security clearance in an effort to obtain overseas employment with the government. He failed to list debts on SF 86 but the allegation is mitigated by lack of deliberate action and intent to deceive by Applicant. However, he failed to mitigate the financial consideration concern. Security clearance denied.


Financial Considerations

06/22/2006

Applicant has a $14,199 credit card debt. He made two attempts to resolve the debt but is unable to afford to pay the lump sum settlement amount demanded by the collection agency. His finances were adversely affected by a divorce in 1996. He has been methodically paying off his debts while meeting his child support obligations. He intends to make payments toward the credit card debt once he pays off his car note in August 2006. He does not live beyond his means and is current on his other debts. Based on his track record of meeting his financial obligations, Applicant is likely to follow through on his intentions to pay off the credit card debt. Clearance is granted.


Personal Conduct; Criminal Conduct

06/22/2006

Applicant was arrested for forgery, theft, and failure to appear in court. The charges were resolved under a pretrial diversion program. He did not disclose them on his security clearance application (SF 86) based on advice from his lawyer. His co-workers sent him sexually explicit e-mails. He did not initiate any of the e-mails or forward those he received, but he did not delete them from the temporary internet file folder on his government computer. He refuted the allegations of deliberately falsifying his SF 86 and mitigated the security concern based on his passive receipt of sexually explicit e-mails. Clearance is granted.


Criminal Conduct

06/22/2006

Between 1979 and 2002, Applicant was involved in five different criminal incidents and cited for another. In 2002, Applicant was diagnosed with a bi-polar condition and prescribed medications. Since then, he has routinely taken his medication and has controlled his condition. Applicant's overall behavior does not show a disregard for the law or an inability to follow rules and regulations. Applicant mitigated the security concerns raised by his criminal conduct. Clearance is granted.


Criminal Conduct; Personal Conduct

06/22/2006

Applicant mitigated the security concern raised by a June 3, 2001, arrest for Child-Abuse, Disorderly Conduct and Assault since it was an isolated incident and not recent. A security concern remains based on his deliberate omission of this arrest on his August 15, 2003, security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence

06/22/2006

Applicant was born and raised in the Republic of South Korea (South Korea). He served in the U.S. military for four years and was stationed in South Korea. In 2003, he became a U.S. citizen. He resides in South Korea with his wife, who is a citizen of South Korea. Applicant's parents and grandparents are citizens and residents of South Korea. In 2004, Applicant mistakenly thought he was a dual citizen of South Korea and the U.S. When he clarified his misunderstanding, he formally renounced his South Korean citizenship and had his South Korean passport voided. While Applicant mitigated Guideline C security concerns, he failed to mitigate Guideline B security concerns. Clearance is denied.


Foreign Influence

06/21/2006

Applicant is a 34-year-old pharmacy technician who came to the United States from Bulgaria in 1990, and became a naturalized citizen in 2003. She met her Iraqi fiancé on the internet in 2004, visited him for one week in Syria, where he resides, and they became engaged. She has very little concrete information about his background or his family, who are citizens and residents of Iraq. His engagement visa was denied by the United States. They intend on marrying in Bulgaria in the summer of 2006. Applicant failed to mitigate the trustworthiness concerns regarding foreign influence; therefore, it is not clearly consistent with the national interest to grant Applicant eligibility for assignment to sensitive duties. Eligibility is denied.


Financial: Personal Conduct

06/21/2006

Applicant is 33 years old and works for a federal contractor. Since 1999, he has accumulated a significant amount of debt that he has not paid or resolved. When he filed his security clearance application in July 2004, he did not disclose the delinquent debts. He failed to mitigate the security concerns raised by his personal conduct and financial considerations. Clearance is denied.


Criminal Conduct; Financial Considerations

06/21/2006

The remaining allegations under criminal conduct involved a misuse of the legal system costing Applicant a large sum of money he could have used to repay some of the overdue creditors. Even after losing two jobs and incurring large legal fees in January 2004, Applicant established repayment plans with three unlisted creditors even before he was notified his overdue debts were a government concern. Clearance is granted.


Financial; Personal Conduct

06/21/2006

The Applicant's financial difficulties were caused, in large part, by two difficult pregnancies which resulted in one year of no income and two years of greatly reduced income. She has resolved several of her debts, and evinces a credible intent to resolve the remainder as soon as possible. The Applicant did not falsify a Security Clearance Application as alleged in the Statement of Reasons. Adverse inference is overcome. Clearance is granted.


Foreign Preference; Foreign Influence

06/21/2006

Applicant is a native-born U.S. citizen with an Iranian father and a native-born U.S. citizen mother. Upon the death of his grandfather, the family moved to Iran. Applicant was educated in Iran, except for annual summer school programs in the U.S. Although his father was not permitted to leave Iran, Applicant returned to the U.S. permanently in 2001. His sister has resided in the U.S. for nine years. His mother visits her family in the U.S. annually. No member of his family has any connection or association with the Iranian government, nor are they agents of a foreign government or in positions to be exploited by a foreign government. They do not constitute an unacceptable security risk. Under the facts herein, the government's security concerns are mitigated. Clearance is granted.


Alcohol consumption; Financial considerations; Personal conduct

06/21/2006

Applicant failed to mitigate security concerns relating to alcohol consumption, financial considerations, and personal conduct by failing to mitigate evidence of excessive alcohol use, debts of over $8,600.00 and two bankruptcies, and failure to list debts and bankruptcies on his application for security clearance. Clearance is denied.


Drug Involvement; Criminal Conduct; Personal Conduct; Financial Considerations

06/21/2006

Applicant has a history of serious drug abuse from 1988 until 1993. In 2001, while serving on active duty in the Army, he again used an illegal drug, resulting in punishment and an administrative discharge. Applicant made false verbal and written statements to a security investigator concealing his history of drug abuse, in violation of 18 U.S.C. § 1001. Applicant failed to mitigate the security concerns arising from his drug involvement, criminal conduct, and personal conduct. Clearance is denied.


Finances, Personal Conduct

06/21/2006

While Applicant has begun paying two of her delinquent debts and resolved two returned checks, she has not sought financial counseling and has no overall plan to address all of the delinquent debts reported on her credit reports which total over $60,000. In addition, she has additional creditors where payments are overdue. Under the circumstances, Applicant failed to initiate a sufficient good-faith effort to resolve this indebtedness especially in light of her continuing to gamble on an intermittent basis and her failure to seek support, such as from Gamblers Anonymous. Thus, Applicant has failed to mitigate security concerns over both her personal conduct and her finances. Clearance is denied.


Financial Considerations; Criminal Conduct; Personal Conduct

06/21/2006

Applicant owes approximately $35,928 to the Internal Revenue Service for tax years 1995, 1996, 1997, 1998, 1999, and 2001. He has paid off a state tax lien and three other delinquent accounts. Although he has retained an accountant to assist with resolving his federal tax problems, security concerns about his financial situation remain since the tax debt remains outstanding. Clearance is denied.


Sexual behavior; Personal conduct

06/21/2006

Applicant, a 45-year-old engineer scientist who has held a security clearance for 22 years failed to mitigate security concerns arising from his having been a cross-dresser for many years. During the past five years, he has done so three to five times a month with fellow cross-dressers, using women's restrooms and obtaining and using a credit card with a modification of his name in a female form. He failed to report cross-dressing in past investigations and did not report the use of another name on a 2003 SF 86. He now intends to transition to a female. His conduct has exposed him to potential pressure and coercion over the past five years and intends to engage in conduct that will continue to do so in the future. Clearance is denied.


Criminal Conduct, Drug Involvement, Personal Conduct

06/20/2006

Applicant is a 25-year-old engineer-diver, employed by a defense contractor. Between 1998 and 2003, he experimented with marijuana and other drugs while in college. In 1999, he was arrested at least three times and charged with various criminal offenses. In 2003, he was terminated from a job after testing positive for marijuana. Applicant has successfully mitigated security concerns regarding criminal conduct and drug involvement. However, Applicant deliberately falsified an answer regarding his illegal drug use on his security clearance application. Applicant has failed to mitigate security concerns regarding personal conduct. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

06/20/2006

Applicant bought and used marijuana 10-15 times from fall 1999 to fall 2003. He experimented with ecstasy, LSD, and hallucinogenic mushrooms several times each between 2000 and 2002. He falsified his January 2004 clearance application by wilfully concealing this drug history. Clearance denied.


Alcohol; Personal Conduct; Criminal Conduct

06/20/2006

In December 1987, Applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) for driving while intoxicated (DWI), and an oral reprimand for an open-container violation. He was convicted of DWI in the summer of 2000. He was convicted of DWI again in 2003, but the charge was dismissed after he was granted a new trial. He did not disclose the two 1987 incidents on his security clearance application (SF 86), because they were more than seven years old. He refuted the allegations of a second DWI and intentional falsification of his SF 86, and he mitigated the security concerns based on alcohol consumption and criminal conduct. Clearance is granted.


Personal Conduct; Information Technology

06/20/2006

Applicant intentionally provided false, material information to the Government on a Security Clearance Application (SCA). Clearance is denied.


Personal Conduct; Drugs; Financial Considerations; Criminal Conduct

06/20/2006

Applicant has a history of drug-related and other arrests over a 12-year period that resulted in warrants, convictions, and fines. He has also brings a considerable history of drug abuse (to include hashish, marijuana and cocaine), for which he was referred to treatment by his employer's employee assistance program and ultimately terminated for failure to adhere to the program's drug-related directives. Applicant's drug problems contributed to severe financial difficulties, which are still not satisfactorily resolved. His restorative efforts to date, while encouraging, are insufficient to enable safe predictive assessments about his ability to stabilize his finances and avoid drug use recurrence in the foreseeable future. Applicant's deliberate omissions in his security clearance application (SF-86) were not mitigated by his ensuing DSS disclosures. Clearance is denied.


Security Violations, Personal Conduct

06/20/2006

Applicant is 40 years old and works as a budget analyst for a federal contractor. Applicant left a classified document on top of his desk, together with other mail, for nearly a week in an unclassified area. He also ordered a subordinate to bill hours to a contract for work unrelated to the contract. He did not intend to submit a letter to his employer, in which he forged his landlord's signature, for reimbursement of his security deposit for his residence. Applicant has not mitigated the security concerns regarding security violations and personal conduct. Clearance is denied.


Financial; Alcohol; Personal Conduct; Criminal Conduct

06/20/2006

This 38-year-old employee of a defense contractor has a history of financial problems that have only partially been resolved, a history of alcohol-related arrests and convictions, and four significant falsifications on his security clearance application, each of which is a violation of 18 U.S.C. 1001. Mitigation has not been adequately established. Clearance is denied.


Alcohol

06/19/2006

This 38-year-employee consumed alcohol and drove a car perhaps once a month from age 17 to age 37. He was arrested and convicted of Driving Under the Influence of Alcohol in June 2004, and is still on probation. He continued to consume alcohol until at least April 2005, when he entered a treatment program. Colleagues speak highly of him, but not enough time has passed to demonstrate rehabilitation. Mitigation has not been adequately established. Clearance is denied.


Foreign Influence; Personal Conduct

06/19/2006

Applicant's parents, brother, mother-in-law, aunt, and uncle are citizens and residents of Nigeria. Applicant's sister is a citizen of Nigeria living in Canada, and his mother is employed as an accountant by a state government in Nigeria. Applicant deliberately falsified the nature and duration of previous employment on an application for employment with a security protection service. Applicant failed to mitigate Guideline B and Guideline E security concerns. Clearance is denied.


Criminal Conduct

06/19/2006

Applicant is a 51-year-old senior field service representative for a defense contractor. From 2001 through 2004, he violated federal and state law by wilfully failing to file federal and state tax returns. Other than an allusion to vague medical problems interfering with his ability to file for two years, and unsubstantiated claims that he has since filed for those years, he has presented no facts to mitigate security concerns arising from his criminal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

06/19/2006

Applicant has numerous delinquent debts, is financially overextended, and has no plan to resolve his debts. He falsified his security clearance application by intentionally failing to disclose two alcohol-related convictions, and he intentionally omitted those two convictions in a signed, sworn statement to a security investigator. Security concerns based on financial considerations, personal conduct, and criminal conduct are not mitigated. Clearance is denied.


Alcohol Consumption; Personal Conduct

06/16/2006

Applicant provided inaccurate information on his security clearance application regarding his history of alcohol-related offenses; however, the error was due to carelessness and inadvertence rather than an intent to deceive. He has a history of excessive alcohol consumption, as shown by four arrests for alcohol-related offenses between 1984 and 1999. He continues to consume excessive quantities of alcohol on a weekly basis. Despite a record of excellent job performance, Applicant failed to mitigate the security concerns arising from his history of excessive alcohol consumption. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

06/16/2006

Applicant's intentional falsifications on his security clearance application are a violation of Title 18, United States Code, Section 1001, a felony, and have not been mitigated. His financial indebtedness has been resolved. Clearance is denied.


Foreign Influence

06/16/2006

The Applicant has three siblings who are citizens and residents of Colombia and one who is a citizen and resident of Venezuela. They are not agents of those governments, or in a position to be exploited by those governments. The Applicant has disposed of all of his foreign financial interests. He is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Criminal Conduct; Personal Conduct

06/16/2006

Between 1981 and 1999, Applicant was charged with three criminal offenses. He also used illegal drugs from at least 1982 until 1998. In 2002, he deliberately failed to disclose two of the offenses and the full extent of his drug use in his security clearance application, including the fact that he used drugs while possessing a clearance. Applicant failed to present sufficient evidence to mitigate security concerns raised by his criminal conduct and personal conduct. Clearance is denied.


Foreign Influence; Foreign Preference

06/16/2006

Applicant is employed by a federal contractor. He is a native of Jordan, now a naturalized U.S. citizen. His wife and children are native-born U.S. citizens residing in the U. S. His parents and eight siblings are citizens of and reside in Jordan. He holds an expired Jordanian passport and dual citizenship. Under the "whole person concept," he successfully mitigated security concerns about foreign influence. He surrendered his Jordanian passport and has renounced his Jordanian citizenship, thereby mitigating security concerns about foreign preference. Clearance is granted.


Financial Considerations; Personal Conduct

06/16/2006

Applicant is a 36-year-old computer system analyst working for a defense contractor. Starting with a delinquency on a car loan and continuing through two periods of unemployment in 1996 and 1998, Applicant acquired many debts. Although he has demonstrated that some of the debts cited are in error, satisfied, or in dispute, he has not mitigated financial concerns regarding the remaining $20,000 of debt. His lack of knowledge with regard to his finances at the time he signed a security clearance application with incomplete financial answers in 2001, however, mitigates concerns regarding his personal conduct. Clearance is denied.


Alcohol; Criminal Conduct

06/16/2006

Applicant was convicted of alcohol-related driving offenses in 1999 and 2002. He has failed to mitigate the security concerns that exist in this case. Clearance is denied.


Foreign Influence

06/16/2006

Applicant is a native of the Republic of China (Taiwan) who became a naturalized United States citizen in August 1989. A dedicated employee for a U.S. defense contractor since October 1996, he has held a top secret security clearance since 1997. Undue foreign influence concerns nonetheless persist where close family members and a high school are resident citizens of Taiwan, some of whom work for the Taiwanese government.


Security Violations; Personal Conduct

06/16/2006

From approximately January 31, 2000, to February 2002, Applicant improperly permitted an uncleared employee under his supervision to access classified information. In December 2001, when U.S. mail was contaminated by anthrax, Applicant received a written reprimand from his employer after he picked up mail for his office in violation of written and verbal instructions from the federal agency directing his contract employment. Applicant failed to mitigate Guideline K and Guideline E security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

06/16/2006

Applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated 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 mother and six siblings were citizens and residents of Iran. However, his contacts with his aunts, uncles, and cousins did not raise any foreign influence security concerns. Clearance denied.


Criminal Conduct

06/16/2006


Personal Conduct; Criminal Conduct

06/16/2006

Applicant is a divorced, 50-year-old employee of a federal contractor, employed as an electronic technician II. On a 1987 security clearance questionnaire, he gave false answers to two questions about prior illegal drug use. He did not disclose the truth about this usage until a third DSS interview, and after failing a polygraph test. He successfully mitigated the alleged false responses to a 2002 security clearance application, and about a job termination for alleged drug use. He failed to mitigate allegations of criminal conduct. He did not mitigate security concerns about his trustworthiness and honesty. Clearance is denied.


Personal Conduct, Criminal Conduct

06/16/2006

Applicant is 36 years old and is the lead software engineer for a defense contractor. He held a security clearance from 1983 to 1988, when he went into business for himself. It was not a successful venture and he had about 11 delinquent tax liens filed against him since he filed his tax forms but did not send payment for taxes owed. Applicant deliberately falsified questions on his security clearance application because he did not consider his outstanding taxes or tax liens as outstanding delinquent debt. All of the liens have since been paid in full. Applicant has not mitigated security concerns arising from his personal and criminal conduct. Clearance is denied.


Sexual Behavior; Criminal Conduct

06/15/2006

Applicant's questionable sexual conduct that is criminal has been mitigated and no longer raises a security concern. Clearance is granted.


Foreign Influence

06/15/2006

The Applicant's mother is an American citizen and lives in the People's Republic of China (PRC). His wife has family who live in Hong Kong, but are primarily not citizens of the PRC or the Hong Kong Special Administrative Region (HKSAR). These relatives are not agents of those governments, or in a position to be exploited by them. The Applicant has considerable links to the United States, is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Guideline G

06/15/2006

The Administrative Judge made sustainable findings that Applicant had three alcohol related incidents between 1983 and 1996 and continues to drink to the point of intoxication approximately twice a month. Adverse decision affirmed.


Guideline F; Guideline E

06/14/2006

The Board's authority to review cases is limited. Applicant has not alleged error. Adverse decision affirmed.


Foreign Influence

06/14/2006

Applicant is not potentially subject to foreign influence through his mother and siblings, who are citizens and residents of Sudan. He demonstrated that none of them were foreign agents or otherwise so situated as to present a pressure point on Applicant. Clearance granted.


Foreign Influence

06/14/2006

Applicant is not potentially subject to foreign influence through his parents and siblings, who are citizens and residents of the People's Republic of China (PRC). He demonstrated that none of them were foreign agents or otherwise so situated as to present a pressure point on Applicant. Clearance granted.


Foreign Influence

06/14/2006

Applicant is a 41-year-old married man, who since June 2003 has been employed as a product support technician specialist 3 for a defense contractor. Before that, Applicant honorably served in the U.S. Air Force over 21 years and retired as a master sergeant. He held security clearances at various levels during his entire Air Force career. Foreign influence concerns arose during the application process to upgrade his clearance as a result of his recent marriage to a Russian citizen. Based on the totality of circumstances, Applicant has mitigated these concerns. Clearance is granted.


Guideline B

06/14/2006

The fact that Applicant's father is an ordinary citizen of a foreign country does not relieve Applicant of the burden of producing evidence to demonstrate that the father is not in a situation that could be exploited in such a way as to make Applicant chose between his loyalty to his father and his loyalty to the US. Favorable decision reversed.


Foreign Influence

06/14/2006

Applicant, born in the People's Republic of China (PRC), moved with his family when he was young to Republic of China (Taiwan). He came to the United States in 1969 and became a United States citizen in 1978. His wife, two children and five siblings are also United States citizens and residents. His father, who is elderly and ill, is a citizen and resident of Taiwan. He is not in a position to be exploited by Taiwan, in a way that could force Applicant to choose between loyalty to this family member and his loyalty to the United States. Applicant's strong attachment to the United States and long and successful 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

06/13/2006

From 1998 to 2004, Applicant accrued nine financial delinquencies in excess of $28,000. Currently, he has satisfied two equal to approximately $3,700. His explanations regarding the status of the remainder lacked either clarity or corroborating evidence. Clearance is denied.


Guideline F

06/13/2006

Applicant affirmatively stated twice at the hearing that he was ready to proceed. Although pro se applicants are not expected to act like lawyers they expected to take timely reasonable steps to protect their rights Applicant can not now fairly claim he was denied due process .


Financial Considerations; Criminal Conduct; Personal Conduct

06/13/2006

Applicant is a 50-year-old employee of a defense contractor. In 1992, after being told by friends that he did not have to file federal income tax returns if his taxes were deducted by his employer, Applicant stopped filing federal income taxes. His failure to file continued through 1997. As a result, tax liens were levied for a number of tax years. Additionally, he accrued some non-tax related debt. On his 2003 security clearance application, he gave incomplete answers regarding whether he had tax liens against him and whether he was delinquent on any debts. Applicant failed to mitigate financial, criminal conduct, and personal conduct security concerns. Clearance is denied.


Financial

06/12/2006

Applicant failed to mitigate security concerns raised by his financial situation. He is financially overextended, but doesn't realize it as his wife handles their finances. Clearance is denied.


Personal Conduct; Criminal Conduct

06/12/2006

Applicant, a then post office employee, was convicted in March 2001 of converting postal funds to her own use. Clearance is denied.


Foreign Influence; Personal Conduct

06/12/2006

Given his service in the U.S. Army, his stronger ties of affection and obligation to his family in the U.S., and his actions in support of the war against terrorism, Applicant has mitigated the security concerns raised by his family ties to the Republic of Yemen under Guideline B. He also mitigated security concerns under Guideline E. Clearance is granted.


Alcohol Consumption

06/12/2006

Applicant has a history of alcohol abuse, including an alcohol-related traffic arrest in 1999. Notwithstanding the completion of an alcohol treatment program in 2001, he subsequently had two drinks in December 2001. Since then he has been alcohol free. At the request of the adjudicator he received an alcohol abuse evaluation in January 2005. He then voluntarily entered another treatment program. His discharge summary indicated a diagnosis as being in sustained full remission from the use of alcohol. He provided sufficient evidence mitigating the security concerns raised under Guideline G (alcohol consumption). Clearance is granted.


Financial; Personal Conduct

06/12/2006

While Applicant's past financial problems raised security concerns because of his delay in resolving his debts, he has now paid one debt and challenged his responsibility for the other debts, a number of which were allocated to his former wife in their 1998 separation agreement. While belated, he has now made a good-faith effort to resolve all his debts. Significantly, Applicant has a stable job where he is highly regarded as a person of integrity and trustworthiness. Applicant established that he had no intent to falsify his Security Clearance Application in 2002, so no security concerns over his past personal conduct persist. Clearance is granted.


Financial

06/12/2006

Applicant's financial problems continue to raise security concerns as he has refused to resolve debts of approximately $46,000 to the Internal Revenue Service (IRS) for unpaid taxes for 1998 and 1999 tax years when he was president of a company with authority to authorize payment of bills. Instead the IRS found even after he became aware of delinquent tax payments, he signed checks to repay another company over $4 million while taxes remained unpaid. Thus, the IRS held him liable as he made the decisions over what to pay based on the amount of money available after he took over as president. Since this IRS ruling in June 2004, Applicant chose not to pay the taxes and file a claim for refund or to pursue any other appeal with the IRS. Thus, he has not demonstrated sufficiently that he has made a good-faith effort to resolve his debts. Clearance is denied.


Drugs

06/12/2006

Applicant used marijuana 25-30 times in social situations over a six-year period, but voluntarily stopped using marijuana in December 2002. He fully disclosed his marijuana use on his security clearance application (SF 86). He is not psychologically or physically addicted. He has changed his lifestyle and is determined to not abuse any controlled substances in the future. He has mitigated the security concern based on drug involvement. Clearance is granted.


Guideline J

06/12/2006

The Board does not have authority to receive or consider new evidence on appeal. Absent standards and procedures issued by the President, there is no authority to issue waivers to 10 USC §986. There is no basis to speculate what role if any Administrative Judges might have under such putative standards and procedures nor what specific requirements might be contained therein. Similarly, Department Counsel does not have authority to recommend a waiver. Adverse decision affirmed.


Financial; Personal Conduct

06/12/2006

Applicant's marital separation and divorce, coupled with several periods of unemployment, resulted in numerous delinquent debts. Applicant began paying his delinquent debts before the initiation of this action, has paid or resolved many of the outstanding obligations, and is repaying the remaining accounts. In about 2000, Applicant violated company policy by failing to pay his corporate credit card account when due, but that was an isolated event several years ago. Applicant mitigated the security concerns arising from his financial difficulties and personal conduct. Clearance is granted.


Guideline F; Guideline B

06/12/2006

Given the Judge's finding, the Judge concluded Applicant's ties with his immediate family in Iran raised security concerns. Applicant has not met his burden of demonstrating the Judge erred, in his application of the Directive. Adverse decision affirmed.


Alcohol Consumption, Drug Involvement

06/09/2006

Between 1988 and 2004, Applicant was arrested and charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) four times and two other alcohol related offenses. He was also arrested in 1992 and 2004 for possession of drugs or drug paraphernalia. His assertion that he no longer drinks alcohol and does not use drugs is insufficient to overcome the government's security concerns regarding his alcohol consumption and drug involvement. Clearance is denied.


Financial

06/09/2006

Applicant is 42 years old and works for a federal contractor. From 1994 until 2004, he accumulated a significant amount of debt as a result of family matters and unemployment. He contacted all of his creditors. Subsequently, he paid some of the outstanding bills, resolved other debts, and is negotiating a resolution for the remaining obligations. He mitigated the security concerns raised by his financial problems. Clearance is granted.


Guideline F; Guideline E

06/09/2006

Applicant failed to allege harmful error. Adverse decision affirmed.


Personal Conduct

06/09/2006

Applicant is a 50-year-old employee of a defense contractor. When completing the questions on her security clearance application, she answered "no" to four questions when she should have answered "yes", and failed to provide complete information regarding her driving while intoxicated (DWI) arrests and her past treatment for alcohol abuse. The government has not established that she intentionally falsified allegations 1.a.(1)-1.a.(4), 1.b., and 1.e. through 1.g. under Guideline E. She, however, has not mitigated the government's concerns under the remaining personal conduct allegations. In light of the findings under Guideline E, there is no pattern of criminal conduct. Clearance is denied.


Financial

06/09/2006

Applicant failed to present sufficient information to explain, extenuate, or mitigate the security concern arising from her history of not meeting financial obligations and inability to satisfy debts. Clearance is denied.


Financial considerations

06/09/2006

Applicant incurred significant debt due to increased costs and a slowdown in business. More recently, his salary and available income have stabilized and improved. He is currently paying on one old debt, but has not made an effort to pay on his remaining significant debt, despite income to do so. He has not mitigated or overcome the government's concerns regarding his security eligibility and suitability based on financial considerations. Clearance is denied.


Guideline G; Guideline E

06/09/2006

Applicant failed to allege harmful error on appeal. Adverse decision affirmed.


Guideline J

06/09/2006

Under state law a nolo contendre plea constitutes an admission to every element of the offense. Accordingly there was sufficient evidence to support the Judge's finding that Applicant had committed the criminal offense. Adverse decision affirmed


Financial; Personal Conduct

06/08/2006

Applicant is a 28-year-old site laborer seeking employment with a defense contractor. Over the years, he has accrued 14 delinquent debts. He admits to seven of the debts. Of the eight he denies, he has provided no proof and little argument that any obligations are satisfied. Additionally, he has failed to adequately explain four of his security clearance application answers involving his financial and employment record. By failing to address these matters, Applicant has failed to mitigate security concerns arising from financial considerations and personal conduct. Clearance is denied.


Foreign Influence; Financial

06/08/2006

Applicant was born in Iran in 1958, came to the U.S. in 1977, and had lived here ever since, without returning to Iran. He became a U.S. citizen in 1992. He is married and has two young U.S.-born children. His only ties of any kind to Iran are his two elderly parents and two brothers still living there. His dedication to the U.S. is demonstrated by his long service working in the defense sector of our economy. He credibly avers the prompt reporting of any improper contacts. His single period of financial difficulty ended more than 10 years ago with a Chapter 7 bankruptcy, and he is now financially stable. Mitigation has been shown. Clearance is granted


Financial; Personal Conduct

06/08/2006

Applicant, who is an attorney, has a history of financial delinquencies dating back several years. She deliberately failed to report her financial delinquencies on a security clearance application she certified and signed in April 2003, and she offered no credible explanation for her failure to do so. Clearance is denied.


Financial

06/08/2006

Applicant's history of financial indebtedness was caused by circumstances beyond her control, namely three divorces, unexpected illness and two deaths in the family. The Applicant has made a good faith effort to straighten up her credit by setting up payment plans and paying off some of her debts. She is working to resolve her financial indebtedness, and to improve her manner of handling her financial affairs. She understands that if she does not continue to pay her delinquent debts and clear up her credit report, her security clearance could once again in jeopardy. Clearance is granted.


Foreign Preference

06/08/2006

Applicant, a dual citizen of the United Kingdom and the United States, possesses an active passport issued by the United Kingdom. Accordingly, Applicant is unable to mitigate the foreign preference security concern that exists in this case. Clearance is denied.


Criminal Conduct

06/08/2006

Fifty-five year old Applicant was a participant in a 1973 drug deal that resulted in his arrest and conviction of unlawfully, feloniously, knowingly, and intentionally possessing, with intent to sell, phencyclidine. He was sentenced, in part, to imprisonment for four years at the state penitentiary, but was actually incarcerated first in the county jail for two months, and then in the state penitentiary for six months. He was released from incarceration upon entering a work-release program while residing in a state-controlled half-way house for nine months. The imprisonment for eight months is insufficient to disqualify him under 10 U.S.C. § 986, as revised. Clearance is granted.


Sexual Behavior; Personal Conduct

06/08/2006

Applicant's questionable sexual conduct, that includes downloading child pornography on his work computer and soliciting prostitutes while holding a security clearance raises a security concern that has not been mitigated. Clearance is denied.


Guideline J

06/08/2006

The Administrative Judge's finding that the dismissal of an officer is the equivalent of a dishonorable discharge and amounts to separation from the service under dishonorable conditions is sustainable. The Judge did not err by concluding that the circumstances of Applicant's case fell under 10 USC 986. Adverse decision affirmed


Guideline F; Guideline E

06/08/2006

Board may not new consider new evidence on appeal. Nor can the Administrative Judge have considered evidence submitted for the first time on appeal. Favorable evidence cited by Applicant is not sufficient to demonstrate that the Judge decision was arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

06/07/2006

In response to two questions on a security clearance application submitted in February 2002, Applicant falsely denied several delinquent debts. Since then, she resolved her financial problems and established a solid record of excellent job performance. Applicant mitigated the security concerns arising from her falsifications. Clearance is granted.


Financial

06/07/2006

Applicant's financial difficulties are long-standing and unlikely to be resolved anytime soon. Clearance is denied.


Guideline B

06/07/2006

There is no presumption in favor of granting a clearance. The Administrative Judge states in conclusory terms that mitigating condition 1 applies, but failed to address any of the issues raised by the language of that condition. Favorable decision reversed.


Security Violations; Personal Conduct

06/07/2006

Applicant is a 63-year-old engineer with an outstanding personal and professional reputation. He has held access to classified information for approximately 15 years. Between 2000 and 2001, he was negligent and committed three security violations. Since 2001, Applicant demonstrated a positive attitude toward his security responsibilities. He received additional training and displayed a heightened awareness of security rules. Additionally, his employer closely monitors and regulates his access to classified information. He mitigated the security violations and personal conduct concerns raised by his actions. Clearance is granted.


Foreign Influence; Foreign Preference; Personal Conduct

06/07/2006

Applicant is a 55-year-old naturalized U.S. citizen who has lived and worked in the U.S. for 18 years. He was born in Afghanistan, but became a naturalized U.S. citizen in 2001. In 2003, he intentionally falsified his security clearance application by not disclosing his use of marijuana. Applicant mitigated the security concern under foreign preference but not under foreign influence and personal conduct. Clearance is denied.


Guideline B

06/07/2006

Although the Administrative Judge's application of Guideline B mitigating conditions 1 and 3 is not sustainable, her ultimate favorable conclusions are sustainable. Specifically, the Judge's whole person analysis survives on appeal. Favorable decision affirmed.


Financial; Personal Conduct; Criminal Conduct

06/06/2006

Applicant became financially overextended in an effort to support two households following a marital separation in 2001. By late 2003, he owed $21,635 in delinquent consumer credit debt. While he settled two of the accounts for less than their full balances in February 2006, significant financial considerations persist. Personal conduct and criminal conduct concerns raised by his deliberate omission of all but one $40 debt from his security clearance application are mitigated where he readily acknowledges the indebtedness and his error in falsifying his application to increase his chance of getting hired by the defense contractor. Clearance is denied.


Financial

06/06/2006

In November 1997, Applicant received a Bad Conduct Discharge from the U.S. Army pursuant to a court-martial at which he was found guilty of Larceny of Government Funds, False Official Statements, and Fraud Against the United States. Applicant has a history of financial problems. He attempted to resolve his financial over-extensions by filing for bankruptcy protection in 1996 and twice in 2002. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied.


Guideline F; Guideline J

06/06/2006

An applicant's disagreement with the Judge's weighing of the evidence or ability to offer a different interpretation is not sufficient to demonstrate error. Adverse decision affirmed.


Guideline K; Guideline B

06/06/2006

There is a rebuttable presumption that a Judge is impartial and unbiased. The Judge's conclusion that Applicant's two security violations were disqualifying is sustainable. Given the sustainable Guideline K conclusions, errors in the Judge's adverse analysis under Guideline B are harmless. Adverse decision affirmed.


Financial; Personal Conduct

06/06/2006

Applicant is a 31-year-old electrician working for a defense contractor. From approximately 1996 through 2000, he accrued a number of debts. Nearly half of those debts have been paid and repayment agreements have been negotiated on all but the largest remaining obligation, which is over twice as large as his other debts combined. He also wrote about nine bad checks over a brief period of time, which he redeemed shortly thereafter. Applicant has mitigated concerns about his personal conduct. He has failed to mitigate concerns arising from financial considerations by failing to act on his largest debt. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

06/06/2006

Applicant has a history of financial problems, including two Chapter 7 bankruptcy cases, the most recent of which was discharged in 2005. He is currently paying off a $20,000 indebtedness to the IRS for unpaid income taxes. It is too soon to tell if Applicant has established a financially responsible lifestyle. Clearance is denied.


Guideline F

06/05/2006

It is untenable to require, as a matter of law, that each finding of fact be based on more than Applicant's testimony. The Chief Administrative Judge made sustainable findings that Applicant had established a plan to resolve his financial problems and taken significant actions to implement that plan. Favorable decision affirmed.


Guideline J; Guideline G

06/05/2006

The Administrative Judge made sustainable findings as to a lengthy and serious history of criminal conduct and excessive alcohol consumption. Adverse decision affirmed.


Financial

06/02/2006

The Applicant had financial difficulties related to his career transition into the defense industry. He initiated good faith efforts to resolve his debts, and paid off all of the debts in the SOR between 2003 and 2005. He shows a credible intent not to have financial difficulties in the future. Clearance is granted.


Guideline B

06/02/2006

Judge erred by using a definition from an inappropriate statute for adjudication purposes. Applicant's father works for a foreign embassy and does not qualify as "not a foreign agent." Favorable decision reversed.


Guideline G; Guideline J

06/01/2006

Appealing party must assert error on the part of the Judge. Adverse decision affirmed.


Alcohol; Personal Conduct

05/31/2006

Applicant, a 31-year-old employee of a defense contractor has three alcohol-related driving incidents within the past five years. He has not mitigated the security concerns regarding Guideline G, alcohol consumption and Guideline E, personal conduct as he admittedly continues to drink to the point of intoxication. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/31/2006

Applicant mitigated personal conduct concerns for his failure to reveal on his 2003 security clearance application (SF 86) occasional drug use during a period of less than a year while in college ending in August 2002. He voluntarily revealed the drug use to an investigator in 2004. The drug use is mitigated for passage of time. Criminal conduct and personal conduct allegations also mitigated through whole person analysis. Clearance is granted.


Personal Conduct; Sexual Behavior; Criminal Conduct

05/31/2006

In 1998, Applicant signed a sworn statement admitting to indecently touching his 14-year-old daughter several times over a period of about two years, and improperly touching another 14-year-old girl on one occasion. In February 2004, he deliberately misrepresented material facts on a security clearance application by concealing his record of mental health counseling and the prior revocation of his security clearance. In a subsequent interview with a security investigator, Applicant falsely denied his criminal acts involving the girls. Applicant failed to mitigate the security concerns arising from his sexual behavior, false statements, and criminal conduct. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

05/31/2006

In September 2004, Applicant used marijuana for which he was arrested. He has failed to mitigate the trustworthiness concerns and his eligibility for assignment to sensitive positions is denied.


Financial

05/31/2006

Applicant is 43 years old and works for a federal contractor. From 1994 until 2003, she accumulated a significant amount of debt as a result of natural disasters, business losses, and family matters. She paid some of her outstanding debts, and initiated a repayment plan to resolve the remaining obligations. She mitigated the security concerns raised by her financial problems. Clearance is granted.


Financial ; Trustworthiness

05/31/2006

In 2000, Applicant incurred debt from a failed business venture. By September 2004, there were three delinquent liabilities totaling approximately $22,547.00. He had two judgments also stemming from the business, which he satisfied between 2001 and 2004. He settled the three delinquent debts in September 2005. He has mitigated the security concerns under the Financial Considerations guideline. Eligibility for an ADP I/II/III position is granted.


Drugs

05/31/2006

Applicant is 44 years old and works for a defense contractor as a senior engineer scientist. In college, he developed a marijuana habit and he would occasionally buy some of the drug for personal consumption. His abuse of the substance started to decrease when he was in his mid-20s, but he continued to use it with a particular circle of friends until June 2004. Because his drug use ceased less than two years ago, and because his expression of intent to not use the drug in the future is equivocal, Applicant failed to mitigate security concerns. Clearance is denied.


Drug Involvement; Personal Conduct; Criminal Conduct

05/31/2006

Applicant's illegal use of marijuana from January 1996 to 1999, and on one occasion in January 2004 after submitting an application for a security clearance, raises a concern about his judgment. His deliberate omission of his use of LSD in 1996 and 1999 raise further security concerns. Clearance is denied.


Drugs

05/31/2006

Applicant started using marijuana extensively in approximately September 1982, when he was about 24 years old, and continued abusing it with varying frequency until at least September 2002, when he was about 44 years old. His experimentation with cocaine and methamphetamine ceased in 1988 or earlier. Applicant's actions, especially while holding a secret security clearance during 1982-88, reflect a high degree of questionable judgment and irresponsibility. There is no evidence that he ever participated in a drug treatment program. In the absence of a longer current period of abstinence, his vow to avoid substance abuse cannot yet be construed as a demonstrated intent not to abuse any drugs in the future. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

05/31/2006

Applicant has a lengthy history of financial irresponsibility that he failed to mitigate. His explanation for failing to disclose his many delinquent accounts in a security clearance application he submitted in July 2003 is not credible. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

05/31/2006

Applicant has mitigated the security concerns that arose from criminal and financial conduct that is not recent. Clearance is granted.


Financial; Personal Conduct

05/31/2006

Applicant is a 44-year-old employee of a defense contractor. During his prior marriage, he and his former wife incurred significant debt. He had surgery in 1999 and has significant medical bills from this surgery. He has not made any effort to pay any of his debt. When completing his security clearance application, he denied that he had any outstanding, overdue debt. He has not mitigated the government's concerns about his finances or his personal conduct. Clearance is denied.


Financial

05/31/2006

Applicant has a history of financial delinquencies and unpaid debts. His long-standing financial problems raise security concerns which he failed to mitigate. Clearance is denied.


Foreign Influence

05/31/2006

The Applicant has one sibling who is a citizen and resident of Taiwan. His mother-in-law is also a citizen and resident of Taiwan. They are not agents of the Taiwanese government, or in a position to be exploited by that government. The Applicant's recent trips to Taiwan were to visit his ill father and attend his funeral. The Applicant is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Foreign Influence

05/31/2006

Applicant is a 60-year-old married man, who is employed as senior engineer/scientist for a defense contractor. Applicant has been employed by this defense contractor for over 30 years and has a history of successfully holding different levels of clearances. During the renewal process for his clearance, foreign influence concerns arose as a result of his recent marriage to a woman, who is a citizen of the People's Republic of China (PRC). She along with her teenage son, also a citizen of the PRC, moved in with Applicant. Additionally, Applicant's father-in-law's continued presence in the PRC raises a foreign influence concern Applicant is unable to mitigate. Clearance is denied.


Financial

05/31/2006

Applicant has approximately $25,000 in delinquent debt, some of which was charged off as far back as 1996. Applicant does not have a budget, is not enrolled in any credit counseling, and is not resolving her debts. Clearance is denied.


Foreign Preference; Foreign Influence

05/31/2006

Applicant was born and raised in Iran. He came to the U.S. to attend college and earned two separate bachelor of science degrees. After completing his education, he chose to remain in the U.S. His second and current wife is an Iranian born national he met on a return visit to Iran. He is employed as a software quality engineer for a defense contractor and seeks to renew his security clearance. His parents, and 11 younger siblings are resident citizens of Iran. He successfully mitigated foreign preference concerns as a result of surrendering his Iranian passport and renouncing is Iranian citizenship, but was unable to mitigate foreign influence concerns for immediate family members in Iran. Clearance is denied.


Foreign Preference; Foreign Influence

05/31/2006

Applicant's application for, renewal of, and use of a foreign passport after being born a U.S. citizen demonstrate foreign preference. Applicant has neither surrendered the passport nor obtained formal approval for its use. Applicant is potentially subject to foreign influence where her grandmother, aunt, uncle, and cousins are citizens and residents of Iran. Clearance denied.


Drug Involvement; Personal Conduct

05/31/2006

Applicant used marijuana on various occasions from 1969 to June 2002. The government did not meet its burden in proving he deliberately falsified his security clearance application since he disclosed the information requested in prior security clearance applications. Concerns about his illegal drug use remain. Security concerns based on drug involvement is not mitigated. Clearance is denied


Foreign Influence; Foreign Preference; Personal Conduct

05/31/2006

Applicant's contacts with his immediate family do not place him in a position of vulnerability to foreign influence because of the overall sporadic nature of the contact, and his ties to the United States (U.S.) Applicant's testimony and documented compliance with the "Money Memorandum" sufficiently persuade me to find Applicant's paramount allegiance is to the U.S. Conversely, Applicant's questionable judgment in omitting the required information on his security clearance applications (SCAs) has not been successfully rebutted. Clearance is denied.


Criminal Conduct

05/31/2006

Applicant is a 37-year-old married man, who has been employed by the same defense contractor for the last 17 years. Since March 2001, he has been taken on the position of a technical survey specialist 3, and seeks a security clearance for the first time in conjunction with those duties. During the background investigation, criminal conduct concerns arose primarily focused on domestic violence allegations that arose during his marriage to a former spouse. The passage of time and convincing evidence submitted by Applicant to include the credible testimony of his current spouse have mitigated these concerns. Clearance is granted.


Financial; Personal Conduct

05/31/2006

Applicant is a married, 43-year-old employee of a federal contractor. He had several delinquent debts and underpaid $21,000 in federal income tax for five years. He gave a false answer on his security clearance application. He provided no proof of payments to creditors nor did he provide the result of his offer in compromise to the IRS. He did not mitigate the financial considerations and personal conduct security concerns. Clearance is denied.


Financial Considerations; Personal Conduct

05/31/2006

Applicant is a married, 35-year-old employee of a federal contractor. He had a significant amount of unpaid debts. Of five delinquent debts, three are paid, another is being paid subject to a payment agreement with the creditor, and the last one is still unresolved because of bank mergers and the inability of the successor bank to find his records. He made honest and earnest efforts to resolve his financial problems. He was unaware of liens and therefore did not falsely answer questions on his security clearance application. He successfully mitigated the security concerns about financial considerations and personal conduct. Clearance is granted.


Criminal Conduct; Alcohol

05/31/2006

Between 1988 and 2003, Applicant was charged with or convicted of five criminal offenses, three of them alcohol related. He has abused alcohol for the last 25 years, including as recently as February 2006. He has failed to learn from his mistakes, and his questionable behavior is likely to recur. He failed to mitigate security concerns raised by his criminal conduct and alcohol consumption. Clearance is denied.


Foreign Influence

05/31/2006

The government failed to establish foreign influence security concerns where Applicant's sisters were citizens of Lebanon and legal permanent residents of the U.S., and all his other immediate family members were naturalized citizens and residents of the U.S. Clearance granted.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

05/31/2006

Applicant has a history of alcohol abuse from about 1993 to at least October 2005, and of illegal drug abuse from 1994 to August 2002. Drug involvement concerns are mitigated by his change to a drug-free lifestyle. Alcohol consumption concerns persist where he continues to drink up to eight beers in a sitting after being diagnosed with polysubstance (alcohol and marijuana) dependence. Personal conduct and criminal conduct concerns exist where he was not candid about his mental health treatment and his drug abuse on his security clearance application, and falsified an August 2003 sworn statement by denying any marijuana use since April 2001. Clearance is denied.


Alcohol; Drugs; Personal Conduct

05/31/2006

Applicant has a history of three alcohol-related arrests over a 13-year period that resulted in convictions, jail time, fines and probation. Since being diagnosed for alcohol dependence, he has continued to consume alcohol without any updated prognosis. His restorative efforts to date, while encouraging, are insufficient to enable safe predictive assessments about his ability to avoid recurrence in the foreseeable future. Applicant's history of drug abuse, while considerable, includes no probative recent use and is, accordingly, mitigated by the passage of time. His omissions of his alcohol-related offenses and drug use in his security clearance applications (SF-86s) draw mixed conclusions: Falsification is established with respect to his omitted and understated drug use, but not as to his alcohol-related arrests. Clearance is denied.


Financial; Personal Conduct

05/31/2006

Applicant is a 61-year-old truck driver working for a defense contractor. Through the 1990s, Applicant accrued a number of debts that lead him to a Chapter 13 bankruptcy in 2000. In an electronically completed security clearance application in 2002, there is a negative answer to a question inquiring whether he had filed bankruptcy. Applicant has substantially paid off his Chapter 13 bankruptcy, and he successfully established that the bankruptcy information was administratively transcribed from a 1999 application without his knowledge. Applicant has mitigated the financial and personal concerns raised. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

05/31/2006

The security concern raised by Applicant's history of financial problems is mitigated because (1) many of the conditions that resulted in the financial problems were matters largely beyond his control, and (2) he has made a good-faith effort to pay or otherwise resolve his financial problems. Applicant is unable, however, to rebut, explain, extenuate, or mitigate the falsification of his security-clearance application wherein he deliberately omitted relevant information about his financial history. Clearance is denied.


Foreign Influence

05/31/2006

Born in Lebanon in 1944, Applicant came to the United States (U.S.) in 1976 and became a U.S. citizen in 1983. Even though Applicant's mother and seven siblings are resident citizens of Lebanon, these ties and contacts do not make Applicant an unacceptable security risk because of: (1) his understanding that he must resist and report any attempts at foreign influence; and, (2) the strong bonds he has developed in the U.S. since he emigrated here in 1976. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

05/31/2006

Applicant is an unmarried, 49-year-old employee of a federal contractor. He has a history of late filing of income taxes. He filed extensions, paid in amounts equal or greater than what he estimated he owed, but did not request further extensions as required by law, and he still has not filed his 2002 return. A period of financial instability and aberrant social behavior were a result of a contentious divorce proceeding. These were isolated incidents occurring over seven years ago. His late filing of tax returns is a pattern of violations, an indication of dishonesty, that continues today. He successfully mitigated the security concerns about financial considerations, but failed to mitigate criminal conduct and personal conduct concerns. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

05/31/2006

Applicant is a single, 41-year-old employee of a federal contractor, employed as a desktop publisher II. She had delinquent debts. She completed a financial counseling course, has all but one delinquent debt paid, and has adequate income to pay debts with a sizable surplus each month. Financial considerations were mitigated. She embezzled money from an employer, made restitution, and completed probation. She gave a false answer on her security clearance application. Criminal conduct and personal conduct security concerns were not mitigated. Clearance is denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

05/31/2006

Applicant failed to mitigate the security concerns about his sexual conduct, personal conduct, and criminal conduct arising from his molestation of his daughter and a nephew, and his conviction for assault after originally being charged with sexual battery and forcible sodomy. He was also unable to overcome the security significance of his deliberate falsification of statements he made to the government about his conduct. Clearance is denied.


Financial Considerations

05/31/2006

Applicant is a married 35-year-old employee of a federal contractor, employed as a field engineer. He had significant unpaid debts. Prior to deploying to Iraq in 2003, he filed a Chapter 7 bankruptcy and sought financial counseling. All delinquent debts were paid or discharged in bankruptcy. His current financial statement shows adequate income to pay outstanding debts with a comfortable surplus each month. He successfully mitigated the security concerns for financial considerations. Clearance is granted.


Criminal Conduct; Alcohol Consumption; Personal Conduct

05/31/2006

Over a period of 23 years, Applicant's consumption of alcohol resulted in his arrest on three occasions for alcohol-related driving offenses. His first alcohol-related driving offense occurred when he was 18 and resulted in the death of his friend. The last two alcohol-related driving offenses occurred within the past five years. He has shown a disrespect for authority by violating the terms of his probation on three occasions. Since 1982, he has been arrested and/or charged with criminal offenses on six occasions, four of the arrests occurred within the past ten years. He has not provided sufficient information to mitigate the criminal conduct, alcohol consumption, and personal conduct concerns. Clearance is denied.


Foreign Influence; Foreign Preference; Alcohol

05/31/2006

Applicant is an employee of a civilian contractor, serving aboard Navy ships. He was born in Romania, defected to the U.S. in 1987, and became a naturalized citizen in 1995. His wife and son are naturalized citizens of the U.S., his parents are citizens and residents of Romania, and his brother is a Romanian residing in Germany. Applicant exercised dual citizenship by obtaining and using a Romanian passport, but surrendered the passport when he learned it created security issues. Applicant had a single alcohol-related incident in July 2001, but successfully completed the education and treatment program and has had no similar problems since then. Applicant mitigated the security concerns arising from possible foreign influence, foreign preference, and alcohol consumption. Clearance is granted.


Foreign Influence

05/30/2006

Applicant is 40 years old and works as a software engineer for a defense contractor. Born and raised in South Vietnam, he emigrated to this country with his mother and siblings. Today, he is a naturalized United States citizen. Remaining in the Socialist Republic of Vietnam are his grandmother, step-mother, and father, who in earlier years bribed government officials to keep his sons from obligatory military service. Applicant introduced no evidence and presented little argument to mitigate security concerns raised by foreign influence. Clearance is denied.


Foreign Preference; Foreign Influence

05/30/2006

Forty-nine year old Applicant was born in Indonesia of ethnic-Chinese parents. In 1990, he immigrated to the U.S., and became a naturalized U.S. citizen in 1999. His wife and two children, all naturalized U.S. citizens, reside with him in the U.S. The immigration applications of two sisters and one brother have already been approved by the U.S. A dual citizen, Applicant has already surrendered his Indonesian passport and has indicated a willingness to renounce his Indonesian citizenship. Applicant has mitigated the government's security concerns arising from possible foreign preference and foreign influence. Clearance is granted.


Criminal Conduct; Personal Conduct

05/30/2006

Applicant's history of criminal conduct that includes three moving violations and one Assault and Battery charge, that occurred between 1997 and 1999, are considered recent, and not mitigated, since the Applicant has ignored the court's sentencing requirements associated with the offenses, a warrant remains outstanding for his arrest. His falsification on his security clearance application concerning his arrest and charge for Assault and Battery in1999, has also not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Financial

05/30/2006

Applicant initiated a good faith effort to satisfy his past-due financial obligations. Clearance is granted.


Foreign Influence, Personal Conduct

05/30/2006

Applicant, who is 49-years-old, was born in the People's Republic of China (PRC). He immigrated to the United States (U.S.) in 1986,and became a U.S. citizen in 1998. He worked on the development of a computer simulator weapons system for small firearms, a commercial firearm shooting sport system, and a software system to translate Chinese characters. He routinely demonstrated the simulator weapons system and sport shooting system for customers, including visitors from the PRC. He now owns his own company, and he communicates with former classmates and co-workers in the PRC about business matters. He deliberately failed to identify his PRC business contacts when he submitted his security clearance application. He has not mitigated the government's concerns under foreign influence and personal conduct. Clearance is denied.


Personal Conduct; Drugs; Criminal Conduct

05/30/2006

Applicant's long-standing financial difficulties, and his failure to disclose material information on a Security Clearance Application (SCA), preclude a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Guideline B

05/30/2006

Applicant successfully rebutted the presumption that he has ties of obligation or affection to his in-laws. Favorable decision affirmed.


Guideline B

05/30/2006

Administrative Judge noted that Applicant's immediate family members live under a regime that is authoritarian and actively engages in espionage against the U.S. Her conclusion that there is a de minimus risk of Applicant facing pressure from that regime is unsustainable. Favorable decision reversed.


Drug Involvement; Criminal Conduct; Personal Conduct

5/26/2006

Applicant used illegal chemical substances while possessing a security clearance. Her credibility is extremely suspect, as she has not been truthful or candid with information that she furnished to the United States Government. Mitigation has not been shown. Clearance is denied.


Drug Involvement; Personal Conduct

05/26/2006

Forty-seven-year old Applicant's marijuana use commenced during her early teen years and continued until at least 2003. Despite a period of abstinence, she has not mitigated the security concerns arising from her drug involvement and related personal conduct. Clearance is denied.


Personal Conduct; Misuse of Information System Technologies

05/26/2006

Applicant is a 47-year-old employee of a defense contractor. While working for his former employer between 1996 and 2002, Applicant accessed inappropriate material on the internet. The prohibited practice continued despite oral and written warnings by his superiors. He no longer accesses such material in the work place. Applicant has mitigated concerns regarding the misuse of information system technologies, but has failed to allay concerns arising from his repeated violations of company policy and rules. Applicant has failed to mitigate the personal conduct concerns raised. Clearance is denied.


Financial

05/26/2006

Applicant is 38 years old and works for a defense contractor. He has 11 delinquent debts, some dating back to 1997. Applicant repaid or settled some of his debts after he filed his security clearance application and the Government expressed its concern, but he has not repaid all of them. Applicant did not mitigate the financial considerations security concerns. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

05/26/2006

Applicant's excessive alcohol consumption led to questionable judgment and a failure to control his impulses-he assaulted his wife on three occasions. In his security clearance application, he deliberately omitted reference to his criminal offenses and his treatment for alcohol abuse. Applicant failed to mitigate security concerns raised by his criminal conduct, excessive alcohol consumption, and personal conduct. Clearance is denied.


Financial; Personal Conduct

05/26/2006

Applicant fell behind in paying his financial obligations, and his home was foreclosed on in 2002. While factors beyond his control contributed to his financial problems, Applicant also made questionable financial decisions. Despite some efforts to resolve past due accounts, he still owes about $35,000 in delinquent debt and lacks the financial means to satisfy it in the near future. Financial considerations persist but personal conduct concerns are not proven where Applicant failed to disclose debts due to a good faith misunderstanding as to what was required. Clearance is denied.


Financial

05/26/2006

Applicant's history of financial difficulties makes him unsuitable for a security clearance. Clearance denied.


Alcohol; Criminal Conduct; Personal Conduct

05/25/2006

Applicant mitigated security concerns relating to alcohol consumption, criminal conduct, and personal conduct. The first two of three alcohol offenses occurred while he was a minor and all while he was in college. They were relatively minor in nature. The third and most recent was three years ago and he has received counseling for alcohol with a finding that the intervention was sufficient and no treatment was required. While he failed to report the first two arrests when he was a juvenile on his SF 86, he reported the third and final one, a DUI. Clearance is granted.


Financial; Personal Conduct

05/25/2006

Applicant has mitigated the financial and personal conduct security concerns that existed in this case. Clearance is granted.


Foreign Preference; Foreign Influence

05/25/2006

This 68-year-old engineer moved to the United States from Israel in 1973, became a U.S. citizen and has lived here ever since, obtaining a graduate education, marrying, and raising a family. He has worked in the U.S. defense industry for decades and has held a DoD security clearance for about 20 years with no problems. Once he learned that dual citizenship and possession of a foreign passport was problematic, he renounced his Israeli citizenship and surrendered his Israeli passport. His ties with Israel are minimal when compared with his family, personal, and financial ties to this country. Mitigation has been established. Clearance is granted.


Alcohol: Criminal Conduct; Financial; Personal Conduct

05/25/2006

Applicant is 40 years old and works for a federal contractor. He has a history of alcohol-related offenses and other criminal conduct that spans an 18-year period. When he completed his 2003 security clearance application, he did not disclose one of the offenses and an alcohol treatment program. In addition, he has accrued significant delinquent debt over the years that he has been unable or unwilling to manage or resolve. He failed to mitigate the security concerns raised by his alcohol consumption, criminal conduct, financial considerations and personal conduct. Clearance is denied.


Foreign Influence

05/25/2006

Applicant is 42 years old and has worked for a federal contractor since 2005. He became a naturalized U.S. citizen in 2000. He was born in Iraq and fled to Kuwait after serving a jail term for refusing to serve in the Iraqi army. From there he was a refugee in Saudi Arabia before immigrating to the U.S. His wife is Iraqi-born and has completed the required paperwork to be sworn in as a U.S. citizen. Their three children are all U.S. citizens. Applicant's mother, eight siblings, and mother-in-law are citizens and residents of Iraq. He maintains regular and consistent contact with his mother and at least one brother, and he also sends them monthly financial support. His wife maintains regular contact with her mother. Despite his loyalty to the U.S. Applicant is unable to mitigate the security concerns raised under Guideline B. Clearance is denied.


Financial; Personal Conduct

05/25/2006

Applicant is financially overextended, has a history of delinquent debts, and has taken virtually no action to resolve them. He received nonjudicial punishment twice while in the U.S. Air Force, and he was discharged for a pattern of misconduct. He did not disclose his nonjudicial punishment on his security clearance application (SF 86). He refuted the allegation of intentionally falsifying his SF 86, and he mitigated the security concern based on personal conduct, but he did not mitigate the security concern based on financial considerations. Clearance is denied.


Guideline F; Guideline E

05/25/2006

The Administrative Judge's findings of fact are sustainable in light of the record evidence as a whole. Given the record the Judge was not obligated to find Applicant's tax debts were resolved or under control. Adverse decision affirmed.


Financial; Personal Conduct

05/25/2006

Applicant is 43 years old and works as a computer trainer for a federal contractor. In 1992, his first wife incurred substantial credit card debt. He was unable to resolve the debt, and filed a Chapter 13 bankruptcy in 1997. Subsequently, the proceeding was dismissed because Applicant did not comply with the repayment order. To-date, Applicant has not resolved or paid the outstanding delinquent debt, which totals $14,000. When he completed his security clearance application in 2001, he did not list his delinquent debts. He failed to mitigate the security concerns raised by financial considerations, but did mitigate those raised by personal conduct. Clearance is denied.


Personal Conduct

05/25/2006

Applicant falsified his security clearance application (SF 86) by failing to disclose nonjudicial punishment he received in the Army for filing a false claim, making a false official statement, and attempting to steal $1,000 from the government. He also failed to disclose a delinquent debt on his SF 86. He refuted the allegation of falsification regarding the debt, but did not refute or mitigate the intentional omission of his nonjudicial punishment. Clearance is denied.


Security Violations; Personal Conduct

05/25/2006

Applicant was fired in March 2002 when his defense contractor employer concluded he had committed a security violation. The security concerns raised by the security violation and his termination are mitigated. The totality of facts and circumstances establish that the security violation was an inadvertent, isolated incident. Clearance is granted.


Financial; Personal Conduct

05/25/2006

Applicant has over $25,000.00 worth of unpaid debts. He did not provide a plausible explanation nor did he submit any documentation supporting the notion he had taken the necessary steps to resolve his financial difficulties. He also was convicted of second degree forgery for attempting to transfer his "sister's" mobile home to himself. Financial considerations and personal conduct concerns remain unmitigated. Clearance is denied.


Drugs; Criminal Conduct; Alcohol; Personal Conduct

05/25/2006

Applicant is a 52-year-old research engineer who has worked for a federal contractor since 1999. He held a secret security clearance from 2000 until it was revoked in 2003. He celebrated his 50th birthday by becoming intoxicated and using marijuana. He has a history of alcohol related criminal offenses and two drug offenses from his past. He deliberately failed to list his prior drug charges on his security clearance application and made written false or misleading statements to investigators in sworn statements. Applicant failed to mitigate the security concerns raised under Guidelines H, J, G and E. Clearance is denied.


Foreign Influence

05/25/2006

Fifty-two year old Applicant, who immigrated to the U.S. in 1982, and became a naturalized U.S. citizen in 1986, resides in the U.S. with his Jordanian-born U.S. citizen wife (whose parents are U.S. citizens) and three native-born children. He has sponsored the emigration of his siblings from Jordan, and that emigration process has already commenced. None of his siblings are agents of a foreign government or in positions to be exploited by the Jordanian government. Under the specific facts in evidence herein, the government's security concerns have been mitigated. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

05/24/2006

Applicant is 24 years old and works for a federal contractor. When she completed her 2003 and 2004 security clearance applications, she did not disclose her history of marijuana use. She failed to mitigate the security concerns raised by her substance abuse, personal conduct and criminal conduct. Clearance is denied.


Foreign Influence; Personal Conduct

05/24/2006

Applicant mitigated security concerns raised by an incorrect answer on his security clearance application, but failed to mitigate concerns raised by the presence in the People's Republic of China of his parents, brother, parents-in-law, and a sister-in-law. Clearance is denied.


Criminal Conduct; Personal Conduct

05/24/2006

Title 10 United States Code § 986 prohibits Applicant from holding a security clearance based on his October 1997 felony conviction for committing a lewd act upon a minor, sentence of eight years in prison, and incarceration for approximately four years. Although he claims to be innocent, he was found guilty of sexually molesting his 12-year-old daughter. Applicant's refusal to accept responsibility for his behavior does not support mitigation of the sexual behavior or criminal conduct concerns. I recommend against further consideration for a waiver of 10 U.S.C. § 986. Clearance is denied.


Financial

05/24/2006

Applicant's financial indebtedness remains unpaid and he has not made a good faith effort to resolve his debts. Clearance is denied.


Foreign Influence

05/24/2006

Applicant is a retired naval officer, who successfully held a security clearance during his military career. His wife is a naturalized citizen and resident of the U.S. Her parents are citizens of the People's Republic of China and have permanent resident status in the United States. She also has a sister who is a citizen and resident of China. Applicant mitigated the security concerns arising from possible foreign influence. Clearance is granted.


Sexual Behavior; Personal Conduct

05/24/2006

Applicant's extramarital affair, which is not common knowledge and that his wife does not know about raises a security concern and has not been mitigated. Clearance is denied.


Guideline J

05/24/2006

Applicant criminal sentence included credit for time served while awaiting trial. The Judge did not err by counting that time as part of the time Applicant was incarcerated for purposes of 10 USC section 986. Judge did not err by nor making a recommendation on waiver since recommendations are not currently authorized. Adverse decision affirmed.


Alcohol; Personal Conduct; Criminal Conduct

05/23/2006

Applicant was arrested for public intoxication in 1983 but not charged. He was convicted of driving while intoxicated (DWI) in 1998. He was terminated from his job in January 2005 because he consumed a decongestant containing alcohol before coming to work. He did not disclose his alcohol-related termination on his security clearance application (SF 86) or when initially interviewed by a security investigator. Applicant refuted the allegations regarding personal conduct and criminal conduct. He mitigated the security concern based on alcohol consumption. Clearance is granted.


Financial

05/23/2006

This 28-year-old engineering technician had a history of financial problems, but these have substantially been paid off, or are being paid in installments. He has documented most of his claimed payments. Mitigation has been established. Clearance is granted.


Drug Involvement

05/23/2006

Between 1993 and 2003, Applicant used marijuana. In 2002-2003, he used marijuana while holding a position of public trust in a federal agency. He also purchased marijuana up to at least 1997. Although Applicant self-reported his past drug-related behavior, the record is not sufficient to overcome the drug involvement security concerns raised by his actions. Clearance is denied.


Criminal Conduct; Financial; Alcohol; Personal Conduct

05/23/2006

Between 1988 and 2004, Applicant was charged with or convicted of seven criminal offenses, most of them alcohol related. As a result of a 1994 conviction, he was sentenced to 10 years confinement, and actually served 18 months in prison. Since 1996, he has a history of not meeting his financial obligations and is financially overextended. He failed to mitigate security concerns raised by his criminal conduct, financial considerations, and alcohol consumption. Additionally, 10 U.S.C. § 986 disqualifies him from eligibility for a security clearance. Clearance is denied.


Financial

05/23/2006

Applicant has a history of unresolved financial problems dating back several years. She admitted owing approximately $24,313 in delinquent debts. In 2004 and 2005, Applicant made repeated promises to timely resolve her debts. At her hearing and in post-hearing submissions, she presented credible evidence to show she had satisfied four of the twelve debts alleged in the Statement of Reasons. Applicant failed to show her current and long-standing financial delinquencies are not a security concern. Clearance is denied.


Guideline F; Guideline E

05/23/2006

Appealing party needs to raise error on appeal. Adverse decision affirmed


Foreign Influence

05/23/2006

Applicant is a naturalized United States citizen who fled his native Cambodia in 1974. He traveled to Cambodia in 1995, 2001, and 2003, the last trip to honor his deceased mother by placing her bones and ashes in a kiosk in accord with Cambodian custom. While his four sisters are resident citizens of Cambodia, he does not correspond with them and does not intend to travel to Cambodia to visit them in the future. The foreign influence concerns are mitigated by the absence of a close bond with his siblings, who are neither agents of a foreign power nor in positions where they are likely to be exploited. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

05/23/2006

Applicant's marijuana use will not recur. He did not intentionally falsify his responses to questions on a security clearance application (SCA). Clearance is granted.


Guideline B

05/23/2006

Administrative Judge may not use outdated guideline to adjudicate the case. Favorable decision remanded


Foreign Influence

05/22/2006

The Applicant's admitted foreign connections have been mitigated by a strong showing of connections to the United States. Clearance is granted.


Outside Activities; Foreign Influence; Personal Conduct

05/22/2006

The Applicant's admitted foreign connections have been mitigated by a strong showing of connections to the United States. His outside activities, which no longer exist, do not have current security significance. The Applicant did not falsify a statement to a Department of Defense (DoD) investigator. Clearance is granted.


Financial

05/19/2006

While Applicant's past financial problems raised security concerns because of his choice to file for protection under Chapter 7 of the bankruptcy laws in 1996 and again in 2004, he has now demonstrated he has made a good-faith effort to reform his financial practices. In addition, Applicant has a stable job where he is highly regarded. He has demonstrated he has now changed for the better and is able to live within his means. Clearance is granted.


Guideline C

05/19/2006

The Federal government is not equitably estopped from denying or revoking access to classified information. The Directive limits the authority and jurisdiction of the Appeal Board. Administrative Judges are bound to follow agency policy. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

05/19/2006

This 41-year-employee has a history of 30 delinquent debts beginning as early as 1996 and continuing to the present. He claims that he was away on active duty in 1999 and 2003/2004 and that his wife handled the family finances. The explanations for his lack of knowledge lack credibility and, in any case, do not cover most of the period since 1996. They also fail to explain why there has been no substantial resolution of the debts to date. In answering two financial questions on his security clearance application, he denied that he had any delinquent debts, placing sole knowledge and responsibility on his wife. His falsifications violate 10 U.S.C. 1001, a felony. Mitigation has not been established. Clearance is denied.


Foreign Influence

05/19/2006

Applicant, a U.S. citizen, is employed by a U.S. government contractor in South Korea and has lived in South Korea since 1996. His wife, sister, mother-in-law, and two brothers-in-law are citizens and residents of South Korea. Applicant's seven-year-old son is a dual citizen of South Korea and the United States. One of Applicant's brothers-in-law served in the South Korean national legislature from approximately 1981 to 1985. Applicant owns an apartment in South Korea valued at approximately $170,000 USD. Applicant failed to mitigate Guideline B security concerns. Clearance is denied.


Guideline F; Guideline E

05/19/2006

The Administrative Judge's finding that Applicant used marijuana for a period of only three or four years was erroneous. Administrative Judge's finding that there is no evidence Applicant violated the law in alcohol related incident is in error. Judge's failure to apply disqualifying condition 5 of Guideline E was error. Favorable decision reversed.


Financial Considerations

05/19/2006

Applicant has a history of failing to meet his financial obligations dating back to the mid 1980s. As of the date he answered the SOR, he had 13 delinquencies he has been carrying for many years. He established circumstances beyond his control contributing to his inability to pay his debts. Notwithstanding, he is financially overextended and failed to show that he is in control of his finances or that he made efforts to repay creditors or otherwise resolve his debts. He lacks a track record of financial responsibility and the circumstances contributing to his financial difficulties are likely to recur. Clearance is denied.


KEYWORD : Financial

05/19/2006


Guideline E; Guideline J

05/19/2006

There is a rebuttable presumption that an Administrative Judge is impartial and unbiased. A party seeking to rebut that presumption has a heavy burden on appeal. Applicant has the burden of persuasion. Adverse decision affirmed.


Financial

05/18/2006

Applicant has had a long history of financial difficulties. He has filed for bankruptcy and discharged his debts on two previous occasions. He currently has a significant amount of outstanding debt, and he once again plans to file for bankruptcy. 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.


Foreign Preference; Foreign Influence

05/18/2006

Applicant, an Iranian born, United States citizen, has lived in the United States since 1978. He has renounced his Iranian citizenship and returned his Iranian passport to the Iranian Government. Because of Applicant's powerful attachment to his wife, son, and brother in the United States, neither Applicant's sister, who is a resident and citizen of Iran, nor his father-in-law and mother-in-law, who are citizens and residents of Bolivia, 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 been shown. Clearance is granted.


Personal Conduct

05/18/2006

Applicant's failure to cooperate during his security clearance background investigation by refusing to provide information about his foreign-born live-in girlfriend who was not in the country legally raises questions about his judgment. Clearance is denied.


Financial

05/18/2006

Applicant is indebted to numerous creditors in the approximate amount of $30,000.00. Most, if not all, of these debts are past-due, some for many years. These facts, together with the lack of any evidence suggesting applicant's financial condition is likely to significantly improve anytime soon, precludes a decision favorable to applicant. Clearance is denied.


Guideline J; Guideline E

05/18/2006

There is a rebuttable presumption that the Judge considered all the record evidence. Falsification of a security clearance application raises serious questions about a person's judgment, reliability and trustworthiness. Adverse decision affirmed.


Alcohol; Personal Conduct

05/18/2006

Applicant's complete disregard for the law strongly suggests he cannot be relied upon to follows the rules and regulations relating to the protection of classified information. Clearance is denied.


Guideline J

05/18/2006

The Judge weighed the mitigating evidence and articulated a rational basis for not favorably applying any mitigating condition. Adverse decision affirmed.


Alcohol

05/17/2006

Applicant was convicted of alcohol-related offenses in 1982, 2002 and 2004. He has mitigated the security concerns that arise from his alcohol consumption. Clearance is granted.


Financial; Personal Conduct

05/17/2006

Applicant encountered financial problems after separating from active duty military service. She incurred approximately $16,000 in delinquent debt. In 2000, she entered into a repayment plan but was unable to complete the plan as a result of having to take unpaid leave due to a difficult pregnancy. She has paid off some medical bills but the majority of the delinquent debt remains unresolved. Since mid 2002, she has not contacted any of the creditors to resolve the debts. She has not made a good faith effort to resolve these debts. Her failure to list her delinquent debt on her security clearance application was not deliberate. The personal conduct concern is mitigated. However, she failed to mitigate the security concern arising from her financial situation. Clearance is denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

05/17/2006

Applicant's questionable sexual conduct raises a security concern and has not been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

05/17/2006

Applying whole person analysis, Applicant mitigated foreign influence security concerns relating to his parents and a sister living in a remote area of the Urals in Russia. Applicant emigrated almost ten years ago to U.S. with his wife, one child, and parents-in-law all of whom except Applicant are Jewish and they obtained refugee status. He has not returned to Russia. He holds a responsible position in U.S. industry. He knows and follows rules for all matters including security issues. He also mitigated foreign preference security concerns by revoking Russian citizenship and destroying his Russian passport before he knew the proper means of surrendering it. Clearance is granted.


Financial

05/17/2006

Applicant had delinquent debts totaling more $30,000. All but her $3,000 debt to the IRS was discharged in bankruptcy in March 2006. Applicant owes an additional $2,250 to the IRS for taxes due after the SOR was issued. She has no plans in place to resolve her $5,250 debt to the IRS. Applicant failed to mitigate financial considerations security concerns. Clearance is denied.


Criminal Conduct; Drugs

05/17/2006

Applicant's criminal conduct combined with his extensive history of drug abuse has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

05/17/2006

From 1997 to 2001, Applicant and his wife incurred approximately $33,000 in delinquent accounts. Between 1988 and April 2002, he was charged with criminal offenses on seven different occasions. Six of the offenses related to insufficient funds checks. He paid off about half of the delinquent accounts. Although making payments towards other delinquent debts, the record evidence is insufficient to conclude he pays on a consistent basis. It is too soon to conclude his financial situation is under control. He deliberately failed to list his delinquent debt and three of his criminal charges on his May 2003 security clearance application. Security concerns remain under Guidelines F, J, and E. Clearance is denied.


Personal Conduct; Criminal Conduct

05/17/2006

Applicant, a 27-year-old employee of a defense contractor, failed to mitigate drug, and personal conduct allegations for failure to report drug use while in the Air Force and while holding a security clearance on his security clearance application (SF 86). He also failed to report the information to a security investigator because he forgot it at the time. Clearance is denied.


Foreign Influence

05/17/2006

Applicant's parents are citizens and residents of the People's Republic of China (PRC). They are retired former professors at a government-run university in the PRC. They spend every other year in the U.S., are not politically active or connected with the government, and have no loyalty to the PRC. Applicant's father-in-law and mother-in-law are citizens and residents of Taiwan, but they are also permanent residents of the U.S. He has virtually no contact with them. Security concerns based on foreign influence are mitigated. Clearance is granted.


Personal Conduct; Criminal Conduct

05/17/2006

Applicant's April 15, 1995, arrest for grand theft has been mitigated based on the fact that it was not recent and it was an isolated incident. He has had no subsequent arrests. His failure to list this charge on his December 2000 security clearance application is mitigated by Applicant's belief, based on the advice of his defense attorney, that the offense he pled to was so minor that it did not need to be reported. He did not intend to provide false information on an October 24, 2004, interrogatory response. The criminal conduct and personal conduct concerns have been mitigated. Clearance is granted.


Outside Activities; Personal Conduct; Criminal Conduct

05/17/2006

Applicant's employment activities relating to open source intelligence (conducting conferences and delivering presentations/training sessions) do not pose a conflict with his security clearance responsibilities to his defense contractor or the United States military agencies. While Applicant's business reputation and his achievements in the open source domain are commendable, his deliberate falsifications of two clearance applications have not been mitigated. Clearance is denied.


Foreign Influence

05/17/2006

Applicant is a 51-year-old naturalized citizen of the United States. He was born in Saudi Arabia and came to the U.S. in 1980 on a Saudi scholarship. He has worked for defense contractors since 1992, and became a naturalized U.S. citizen in 1997. After becoming a U.S. citizen, Applicant twice used his Saudi passport to return to that country for personal visits, but later renounced his Saudi citizenship and returned the passport. Applicant's mother, three brothers, and two sisters live in Saudi Arabia. He also has extensive ties to the United States, including his spouse, his professional career, and substantial financial interests. Applicant has mitigated the security concerns arising from the possible foreign preference and foreign influence. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

05/16/2006

Applicant is 29 years old, unmarried, and has a son whom he supports. He works for a defense contractor. He admits his 11-year marijuana use, sale, purchases, and cultivation, and that he falsified answers on his 2003 and 2004 security clearance applications. Applicant has not mitigated the drug involvement, personal conduct, and criminal conduct security concerns. Clearance is denied.


Foreign Influence; Personal Conduct

05/16/2006

Applicant's wife is a citizen of the People's Republic of China (China). Her parents are citizens and residents of China. Applicant traveled to China in 2004 to visit his in-laws. He has failed to mitigate the foreign influence concerns that exist. Trustworthiness determination is denied.


Foreign Influence

05/16/2006

Applicant failed to mitigate foreign influence security concerns raised by the presence in the People's Republic of China of his two sisters-in-law and his mother's brother and sister. Clearance is denied.


Criminal Conduct; Drugs; Alcohol; Personal Conduct

05/16/2006

Applicant has abused alcohol on and off since 1976 and was caught drunk driving three times. He smoked marijuana in Fall 1992 and again from August 2001 until January 2002, including after he was arrested for operating under the influence and possession of marijuana. Drug involvement and drug-related criminal conduct concerns are mitigated where he has not used any marijuana since early 2002 and intends no future involvement. Despite his abstinence from alcohol since April 2004, there remains an unacceptable risk of future alcohol abuse, given his relapse history and the absence of a viable support network. Personal conduct concerns persist where he minimized the extent of his marijuana involvement on his March 2003 security clearance application and in a April 2004 sworn statement. Clearance is denied.


Security Violations

05/16/2006

Applicant, a retired navy Electronic Material Officer with extensive experience handling classified information, self-reported several security violations at his work site between 1999 and 2002. He has accepted responsibility for leaving his office safe unlocked once, and as team leader, for missing documents. He inadvertently transported two "NATO confidential" messages, and once an improperly classified diskette. He recommended an upgrade in his company contract, and a change in its method used to inventory messages to prevent additional security violations. Clearance is granted.


Foreign Influence; Foreign Preference; Personal Conduct

05/16/2006

Applicant failed to rebut, explain, extenuate, or mitigate the falsification of his security-clearance application wherein he deliberately omitted information about two arrests and charges resulting from domestic disputes. Clearance is denied.


Foreign Influence; Personal Conduct

05/16/2006

Applicant is 46 years old, married with one child, and works for a defense contractor as an Arabic translator in Iraq. His family comes from Palestine and lives in Egypt, Jordan, and Qatar. Applicant and his wife are naturalized U.S. citizens. Applicant did not disclose a job termination and three felony charges on his security clearance application. Applicant did not mitigate the foreign influence and personal conduct concerns. Clearance is denied.


Foreign Preference; Drugs; Personal Conduct

05/16/2006

Applicant mitigated security concerns over foreign preference, drug abuse, and personal conduct. She is a U.S. citizen who has traveled exclusively on her U.S. passport and affirmed her preference for the U.S. over Israel. She has no intent to seek dual citizenship with Israel in the future. While she used marijuana intermittently in college and even attempted use in September 2002 after she applied for her security clearance, she has subsequently matured and had no subsequent use for four years. She has no intent for future use. Over the course of three interviews, she fully cooperated with the investigator. As she voluntarily clarified her drug use to the investigating agent, and was not confronted, I conclude she had no intent to falsify in her initial security interview. Clearance is granted.


Guideline H; Guideline E

05/16/2006

An Applicant's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate that the Judge weighed the evidence in an arbitrary or capricious manner. Adverse decision affirmed.


Foreign Influence; Foreign Preference

05/15/2006

Applicant, an Israeli born, former dual citizen of Jordan and the United States, has renounced his Jordanian citizenship to the Jordanian Government and destroyed his Jordanian passport. Because of Applicant's powerful attachment to his wife and four children in the United States and to the United States, itself, neither Applicant's two half-sisters, who are residents and citizens of Jordan, nor his daughter, who is a citizen and resident of Spain, 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 been shown. Clearance is granted.


Foreign Influence

05/15/2006

Applicant, a naturalized citizen of the United States, is an owner-employee of a computer services company which contracts with federal agencies. He has two brothers living in South Korea. Another brother and his mother are South Korean citizens living in the United States. Clearance was granted. The government appealed. The Appeal Board remanded the decision. After additional findings of facts and conclusions, I again conclude that Applicant successfully mitigated the security concerns under Guidelines B and E. Clearance is granted.


Financial Considerations

05/12/2006

Applicant stopped making payments on two credit card accounts totaling more than $40,000 when he lost his job in February 2004. He has not made any payments on these debts even though he started his current job in April 2004. He incurred additional expenses when his parents asked him to leave their house in May 2004, where he had lived most of his life. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Financial

05/12/2006

Applicant's financial delinquencies resulted from a divorce, a drop in income when moving from military to civilian life, and the necessity to provide additional support to his former wife, who was unemployed from December 2003 to January 2005. Applicant sought credit counseling and devised payment plans for his debts. He has paid or settled all but two debts alleged in the SOR, and he has definite plans in place for meeting the remaining obligations in a timely manner. He is on a course of conduct that is financially responsible, and he has mitigated the Guideline F security concerns related to his financial delinquencies. Clearance is granted.


Personal Conduct

05/12/2006

Applicant is a 34-year-old consultant with a defense contractor. For more than 15 years, he routinely stole small items or small amounts of money from family, friends and employers. He has made monetary restitution on one occasion and returned stolen items twice. He has retained most of the money stolen and the benefit of the goods taken by him. Since he has not demonstrated that he is rehabilitated, he has not overcome the government's concerns about his personal conduct. Clearance is denied.


Financial; Personal Conduct

05/12/2006

Applicant fell behind in his financial obligations due to admitted financial irresponsibility in 1999 and 2000. By July 2004, he owed a total of about $7,328 in delinquent consumer credit debt and $6,625 in student loan debt. He has satisfied three of the seven debts and intends to make payments on his remaining debt, but it is too soon to conclude that his financial difficulties are safely in the past where he is behind in his current obligations. Alleged personal conduct concerns are not proven where Applicant's omission of his delinquent debt from his security clearance application was due to a misunderstanding of the nature of the financial record inquiries. Clearance is denied.


Foreign Influence

05/12/2006

Based on the totality of circumstances, Applicant mitigated foreign influence security concerns raised by the Vietnamese citizenship and residency of his parents and siblings. Clearance is granted.


Foreign Influence

05/12/2006

Applicant was born, educated, and married in the People's Republic of China (PRC). He became a U.S. citizen in 1998 and is employed as a database systems administrator by a government contractor. Applicant administers a database system that supports the budget formulation and review processes for a federal agency. Applicant's parents, brother, two sisters , parents-in-law, and sister-in-law are citizens and residents of the PRC. Applicant failed to mitigate security concerns arising from having relatives who are citizens and residents of the PRC. Clearance is denied.


Financial; Personal Conduct

05/12/2006

Applicant has at least $40,000 in delinquent credit card debt that he did virtually nothing to resolve until filing for Chapter 13 bankruptcy protection in or about December 2005. His explanation for not disclosing the full extent of his outstanding delinquent debt in a security clearance application he submitted in September 2003 is not credible. He has failed to mitigate the security concerns caused by his financial considerations and personal conduct. Clearance is denied.


Foreign Preference; Foreign Influence

05/12/2006

Applicant is a 49-year-old naturalized United States citizen, who has resided in the United States since leaving Iran in 1975. His sisters, mother and children are citizens and residents of the United States. His second wife, born in Iran, is a permanent resident alien of the United States, awaiting citizenship. Her parents are resident citizens of Iran. In 1997, 1998, 2002 and 2004, he traveled to Iran on an Iranian passport, which he subsequently returned to the Iranian embassy along with a letter renouncing his citizenship. He mitigated the security concerns raised by foreign preference and foreign influence. Clearance is granted.


Drugs

05/12/2006

Applicant illegally abused marijuana from the late 1970's until 1982, motivated by social pressure and because marijuana made him feel better in certain situations. After abstaining for 13 years, he resumed its use again from 1995 until late 2001, this time motivated by some social anxiety and depression, and to feel better. He has abstained since 2001. Applicant's actions, especially after he had been granted a security clearance in October 1990, reflect a high degree of questionable judgment and irresponsibility. He has not undergone an evaluation or diagnosis related to substance abuse, and has never participated in any therapeutic or rehabilitative substance abuse program. In the absence of a longer current period of abstinence, his new vow to abstain cannot yet be construed as a demonstrated intent not to abuse any drugs in the future. Clearance is denied.


Criminal Conduct; Personal Conduct

05/12/2006

In 1981, Applicant received company grade non-judicial punishment for possession of a concealed and unregistered weapon. In 1986, he was convicted for endangering a child, and sentenced to four years confinement. He served 26 months in prison. He has a spotless record since 1986, and is considered rehabilitated. Notwithstanding, 10 U.S.C. § 986 disqualifies him from eligibility for a security clearance. Clearance is denied.


Personal Conduct; Sexual Behavior

05/12/2006

Applicant seeks a security clearance as a requirement for his position as a security officer for a defense contractor. In 1996, Applicant was terminated as a corrections officer for violating his department's sexual harassment policy and related misconduct on the job. In 2001, he resigned from his position as chief security officer from a cruise ship lines following allegations of sexual harassment. Further, at the time of the alleged misconduct on the cruise ship lines, he was married and he did not want his wife to find out what had happened. This raised personal conduct and sexual behavior concerns. Applicant has mitigated these concerns as a result of significant life style changes and also by having informed his wife of his past. Clearance is granted.


Criminal Conduct; Personal Conduct

05/12/2006

Between 1972 and 1992, Applicant was either charged with or convicted of carrying a concealed weapon and three drug related offenses. He used marijuana from 1991 to 1995, and from 1996 to 2001, and brought drugs into a federal enclave. Further, he used cocaine during 1996-1997, and was fired from his job after testing positive for cocaine. Finally, in 2002, he deliberately failed to disclose parts of his past drug related behavior on his SF 86. The record is not sufficient to overcome the criminal conduct and personal conduct security concerns raised by his actions. Clearance is denied.


Criminal Conduct; Personal Conduct

05/12/2006

Applicant was arrested a minimum of five times between December 1999 and June 2000 for domestic-related offenses involving a former girlfriend. In July 2000, he was involved in a physical altercation with another young male outside a nightclub. In July 2002, he was sentenced to three years in jail, suspended, for felony possession of a pistol in his vehicle in August 2001. There is little likelihood of recurrence of the domestic-related misconduct where Applicant is in a stable relationship with another woman, but conduct concerns persist because of his felony firearms offense. Personal conduct concerns exist where he falsified his security clearance application by failing to report any of his misdemeanor offenses. Clearance is denied.


Personal Conduct; Sexual Behavior

05/12/2006

Applicant has a history of choosing inappropriate locations to masturbate. His decision to masturbate in a church pool in 1986/1987, on three occasions in his office after work hours in 1998, and outside his home in January 2002 raise questions about his judgment and reliability. Such conduct is likely to make him vulnerable to coercion. He has not mitigated the security concerns related to this conduct. Clearance is denied.


Drugs; Alcohol; Criminal Conduct; Personal Conduct

05/12/2006

Applicant is 39 years old and has worked for different federal contractors on and off since 1998. He has held a secret security clearance since 1998. Applicant abused drugs and alcohol from 1977 to 2003, including while he had access to classified material. He failed to disclose the extent of his drug and alcohol abuse on his security clearance application renewal and in a sworn statement. Applicant has a criminal history relating to his abuse. Although he has been sober for two years, he has failed to mitigate the security concerns under Guidelines H, G, J and E. Clearance is denied.


Drugs

05/11/2006

Applicant used marijuana approximately 40 times while in college and once after completing his security clearance application and being informed of the contractor's anti-drug policies. Applicant failed to mitigate drug involvement security concerns. Clearance is denied.


Foreign Influence

05/11/2006

Applicant's mother is a citizen of Pakistan residing permanently in the U.S. His mother-in-law and five of his nine siblings are citizens and residents of Pakistan. He has mitigated the security concern based on foreign influence. Clearance is granted.


Criminal Conduct, Financial Considerations; Personal conduct

05/11/2006

When he was a teenager, the police arrested Applicant, and the juvenile court system punished him for his misconduct. While serving in the military, he received three non-judicial punishments for unauthorized absence, drinking, using drugs, and disobeying orders, which lead to his discharge under other than honorable conditions in 1996. Since then, the police arrested him once, then later released him after dismissing all charges. His financial problems occurred during his marriage and subsequent divorce. He has mitigated the government's security concerns for his past criminal conduct and financial considerations. He, however, has not mitigated the government's concerns regarding his falsification of answers in his security clearance application. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/11/2006

Applicant wilfully misrepresented her marijuana use on clearance applications in 1989, February 1997 and July 2003, rendering her an unsuitable candidate for access to classified information. She also used marijuana while holding a clearance and has not demonstrated the required intent to refrain from drug use in the future. Clearance denied.


Foreign Influence

05/11/2006

Applicant has four brothers, two sisters, a father-in-law, and a mother-in-law who are citizens of and who reside in the People's Republic of China (PRC). He failed to mitigate the foreign influence security concerns based on his family ties to the PRC. Clearance is denied.


Criminal Conduct; Sexual Behavior

05/11/2006

Applicant was arrested and charged with sodomy involving a juvenile, and contributing to the sexual delinquency of a minor in 2000. At the time of this arrest, video tapes were seized from his residence which were later determined to contain child pornography. This determination resulted in Applicant being arrested and charged with four counts of encouraging child abuse in 2001. Following Applicant's guilty pleas to lesser misdemeanor charges, the court's sentence included, among other things, 60 months of probation. Application will have completed his probation in June 2006. These facts raised criminal conduct and sexual behavior concerns, which Applicant was unable to mitigate. Clearance is denied.


Foreign Influence

05/11/2006

Applicant is an employee of a federal contractor. His wife is a citizen of the People's Republic of China (PRC) living in the United States. Her parents and her sister are citizens of and reside in the PRC. He failed to successfully mitigate the foreign influence security concerns based on his wife's citizenship and her family ties to the PRC. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

05/11/2006

In 1988 and 1998 Applicant was convicted for driving under the influence of alcohol (DUI). In 1998, after complying with all counseling requirements, he failed to attend final face-to-face interviews with his counselor and, therefore, was considered to have failed his rehabilitative treatment program. In 2004, he completed his 1998 treatment program and was given a favorable prognosis retroactive to 1998. In 2002, Applicant mistakenly failed to disclose his 1988 DUI on his SF 86. Applicant mitigated the alcohol consumption, personal conduct, and criminal conduct security concerns raised by his actions. Clearance is granted.


Guideline C; Guideline B

05/11/2006

Given the totality of the evidence the Administrative Judge was not obliged to conclude that Applicant' possession and use of a foreign passport after obtaining U.S. citizenship and his current family ties to immediate and other relatives in Taiwan were fully mitigated. Adverse decision affirmed.


Foreign Influence

05/10/2006

The Applicant has one sibling who is present in and a citizen of Vietnam. This brother is not an agent of the Vietnamese government, or in a position to be exploited by that government. In addition, the Applicant has had no contact with that sibling in five years. His mother lives in the United States and, in my opinion, is not in a position to influence the Applicant. The Applicant is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Financial; Personal Conduct

05/10/2006

Applicant's history of financial indebtedness largely caused by circumstances beyond his control, namely extended periods of underemployment or unemployment coupled with an unexpected family illness and a marital separation has been mitigated by a good faith effort to repay his creditors or otherwise resolve his financial indebtedness. Clearance is granted.


Guideline B

05/10/2006

Neither the Judge nor the Appeal Board has the authority to alter the terms of the applicable adjudicative guidelines. Adverse decision affirmed


Guideline K; Guideline G

05/10/2006

Applicant's ability to offer an alternative interpretation of the evidence is not enough to demonstrate error. Adverse decision affirmed.


Guideline D; Guideline E

05/10/2006

Judge failed to explain how record evidence did not demonstrate mitigation for one eight-year-old affair. Applicant's internet activities were little more than mundane. Adverse decision reversed.


Alcohol

05/09/2006

Applicant, a 46-year-old employee of a defense contractor, has four convictions for alcohol-related driving offenses over a 17-year period, and has not mitigated the security concerns regarding Guideline G, alcohol consumption. His most recent conviction was in 2003. Although he believes alcohol has created some difficulties in his life, he claims it does not affect his work or ability to perform his job. Clearance is denied.


Financial; Personal Conduct

05/09/2006

Applicant has ten delinquent accounts with an approximate total balance of $28,443. He got behind on paying bills and child support due to brief periods of unemployment and low paying jobs. Since 2004, he has had a well paying job but did not attempt to resolve any of his delinquent debt until prior to the hearing. The majority of his delinquent accounts remain unresolved. He has not demonstrated a good-faith effort to repay overdue creditors or otherwise resolve debts. The concern under Guideline E has been mitigated since Applicant's failure to list his delinquent debt on his security clearance application was not deliberate. Security concerns remain under Guideline F. Clearance is denied.


Alcohol

05/09/2006

Applicant failed to mitigate security concerns arising from four alcohol-related arrests and convictions over an 11-year period from 1992 until 2003. No evidence was offered by Applicant except an assertion that he had modified his conduct and learned to live by the rules. Clearance is denied.


Foreign Influence

05/09/2006

Applicant is a 39-year-old native-born American, recently married for the third time, in the Peoples Republic of China (PRC), to a native-born PRC citizen. His wife has recently been allowed entrance to the U.S. and hopes to eventually become a U.S. citizen. She has immediate family members still in the PRC. Applicant complied with all company security rules when traveling to the PRC. Applicant has a long history of service to his community and company and as a U.S. Marine. He understands his obligations and strongly avers that he would promptly report any improper contacts. Mitigation has been established. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

05/09/2006

This 44-year-old engineer has finally paid off or otherwise resolved his massive delinquent debts, but he has not mitigated or extenuated his falsification of answers to four important questions on his security clearance application. Mitigation has not been shown as to Guidelines E and J. Clearance is denied.


Guideline B

05/09/2006

The absence of categories of disqualifying evidence is not the same as evidence of categories of mitigating information. Such an analysis results in an impermissible shifting of the evidentiary burden. Favorable decision reversed.


Criminal Conduct

05/09/2006

While traveling to work in February 1997, Applicant fell asleep at the wheel of his car, triggering an accident that resulted in the deaths of two people. Subsequently, he was convicted of two counts of reckless driving and one count of hit and run with personal injury. He was sentenced, in part, to seven years imprisonment with two years suspended, and actually served three years and four months in prison. Although Applicant mitigated the criminal conduct security concerns under Guideline J, 10 U.S.C. § 986, as revised, 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 recommended.


Foreign Preference

05/08/2006

Applicant is a 33-year-old United States citizen who has lived her entire life in the U.S. Her mother and father are naturalized U.S. citizens who also reside in the U.S. She is a dual citizen of the UK and the U.S. by virtue of her parents' citizenship. She maintains a valid UK passport which expires in 2008. She has no intention of surrendering it. She has not mitigated the security concerns under Guideline C. Clearance is denied.


Criminal Conduct

05/08/2006

Applicant, a 48-year-old employee of a defense contractor, retired from the military after 20 years of service. In 1993 and 2004, the police charged him with assault on a family member. His first charge was dismissed six months later by the court when no further abusive conduct occurred. The second charge resulted in one year of probation and attendance at an anger management course. He is respected by his supervisor and co-workers, who describe him as a non-confrontational person. He has mitigated the government's concerns regarding his criminal conduct. Clearance is granted.


Drug Involvement, Personal Conduct, Criminal Conduct

05/08/2006

Between 1994 and 2002, Applicant illegally purchased, possessed, and smoked marijuana. In 1996, the United States Marines Corps arrested, charged, and disciplined him for illegal marijuana use. He continued to smoke marijuana after being disciplined and while he held a security clearance. In 1998, he was arrested and fined for drunk and disorderly conduct. In completing his security clearance application, he responded "no" to three questions about his police record and drug use, and provided inaccurate information to one question about the extent of his drug use. He has not overcome the government's concerns regarding his drug involvement, personal conduct, and criminal conduct. Clearance is denied.


Foreign Influence

05/08/2006

Applicant's wife is a naturalized United States citizen, who was born in the Republic of China (Taiwan). Her three brothers are citizens and residents of Taiwan. Two of her brothers are private businessmen and one brother produces television commercials. He and his wife have worked up to 10 hours a month editing business documents written in English for one brother-in-law's wholesale marketing business. In the early 1990's, he helped this same brother-in-law set up his banking business in the United States. Applicant has mitigated the government's concerns under foreign influence. Clearance is granted.


Criminal Conduct

05/08/2006

Applicant committed identity theft in late 2001, purchasing computer games and technology equipment totaling about $1,000 on the victim's credit card. He has failed to show sufficient rehabilitation of this criminal conduct. Clearance is denied.


Guideline G; Guideline J; and Guideline E

05/08/2006

No material issues raised on appeal. Adverse decision affirmed


Foreign Influence; Foreign Preference

05/05/2006

This 35-year-old employee of a defense contractor was born in Iran in 1970. He came to the U.S. in 1992. His mother, father, a sister, and a brother, all of whom now reside in the U.S. are dual citizens of the U.S. and Iran. He has two other siblings who live in and are citizens of Iran. From 1989 to 1991, he served in the Iranian military. During that military service, he was incarcerated by Iranian authorities because his immediate family members were living in the U.S. He traveled to Iran in 1999, and although he was a U.S. citizen and had a U.S. passport, he used his Iranian passport to enter Iran. That passport has expired, but can still be used to enter Iran. Applicant still considers himself to be a dual U.S./Iranian citizen. Mitigation has not been established. Clearance is denied.


Foreign Influence

05/05/2006

This 35-year-old Applicant was born in the Peoples Republic of China (PRC) in 1971 and still has parents and other relatives there, with whom she has close ties. Her husband is a PRC citizen, living with her in the U.S. She became a U.S. citizen in 2000, at which time she lost her PRC citizenship. Considering official U.S. policy viewing the PRC as one of the most active collectors of U.S. defense and other information, she has not provided adequate evidence that the risks involved are acceptable. Mitigation and/or extenuation have not been established. Clearance is denied.


Guideline H; Guideline G; Guideline D; Guideline E: and Guideline J

05/05/2006

Applicant bears the burden of proof to establish matters in mitigation. It is unreasonable to give Applicant credit for the time it took the government to find out Applicant lied. By analyzing each category of conduct separately, the Judge failed to consider the significance of Applicant's pattern of conduct. Favorable Decision Reversed.


Personal Conduct; Criminal Conduct

05/05/2006

This 48-year-old engineer has alcohol-related arrests in 1987, 1993, and 2001. He deliberately did not tell the complete truth on his 2002 security clearance application and in a 2003 sworn statement given to a DoD agent. Each falsification was intentional and constitutes a violation of 10 U.S.C. 1001, a felony. Mitigation has not been shown. Clearance is denied.


Guideline E

05/05/2006

The Judge's analysis follows reasonably from his unchallenged findings of fact. Unfavorable decision Affirmed.


Foreign Influence

05/05/2006

Applicant failed to demonstrate that her family members living in Laos were not agents of a foreign government or so situated as to provide a point of influence on Applicant, thus failing to mitigate the foreign influence concerns. Clearance denied.


Foreign Influence

05/03/2006

Applicant is a 46 year-old naturalized United States citizen, born in Afghanistan. His sister, brother-in-law and parents-in-law are citizens and residents of Afghanistan. The extremely limited evidence offered into the record by Applicant 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

05/03/2006

The Applicant's parents are citizens and residents of the Republic of China (Taiwan). They are not agents of the Taiwanese government, or in a position to be exploited by that government. The rest of his extended family, except for one uncle, live in the United States and are American citizens. The Applicant is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Criminal Conduct; Alcohol Consumption

05/03/2006

Applicant engaged in criminal conduct on at least eight separate occasions, from 1991 to 2001. His long history of alcohol abuse has resulted in much of this criminal conduct. Applicant received alcohol abuse treatment from two facilities, but he was not ultimately successful because he did not complete either of the programs, and he has continued consuming alcohol. Mitigation has not been shown. Clearance is denied.


Personal Conduct; Criminal Conduct

05/03/2006

Applicant is a 43-year-old defense contractor. In 1998, her employer received an anonymous letter claiming that Applicant was using drugs. She was sent for drug testing, but quit her job prior to obtaining the positive results. In 2002, she gave false answers on a security clearance application regarding drug use, drug use in a sensitive position, and the conditions under which she left her job in 1998. She did not concede the truth as to these matters until over a year and a half later and after three interviews with a Defense security special agent. Applicant has failed to mitigate the personal and criminal conduct concerns raised. Clearance is denied.


Guideline L; Guideline B; Guideline C

05/03/2006

An SOR is not held to the same standars as a criminal indictment. The Board need not agree with the Judge's decision to conclude that it is sustainable. Adverse decision affirmed


Guideline J

05/02/2006

A state pardon does not exempt an Applicant from coverage under 10 USC §986. Absent Presidential standards and procedures, there is no authority for waiver recommendations under 10 USC §986. Adverse decision affirmed


Guideline F; Guideline E

05/01/2006

Department Counsel's disagreement with the Administrative Judge's weighing of the evidence is not sufficient to demonstrate that the Judge weighed the evidence in a manner that was arbitrary, capricious or contrary to law. Favorable decision affirmed.


Alcohol; Criminal Conduct

04/28/2006

Applicant is 45 years old and works as a technical writer for a federal contractor. He has a history of alcohol abuse and alcohol related criminal charge that extends from 1981 to 2004. Although he submitted evidence of numerous accomplishments, he did not present any evidence of alcohol rehabilitation or treatment to mitigate the security concerns raised by his alcohol consumption and criminal conduct. Clearance is denied.


Financial; Personal Conduct

04/28/2006

Applicant is 55 years old and has worked for a federal contractor since March 2003. She has over $61,000 in delinquent debts that she has made no effort to pay. Due to a medical condition she had a period of memory loss. However, when filling out her SF 85 she was aware that she had more than just her student loan debts that were delinquent. Applicant failed to mitigate the trustworthiness concerns regarding Guidelines F and E. It is not clearly consistent with the national interest to grant Applicant eligibility for assignment to sensitive duties. Eligibility is denied.


Financial, Personal Conduct

04/28/2006

Applicant is a 29-year-old employee of a defense contractor. He has delinquent debts and judgments totaling $21,000.00. He deliberately omitted relevant information on his 2004 security clearance application. Applicant has not mitigated the security concerns arising from his financial difficulties and personal conduct. Clearance is denied.


Drugs, Personal Conduct

04/28/2006

Applicant is a 43-year-old defense contract employee. He has a history of illegal drug use. In 1998, he was convicted for driving under the influence. Applicant did not receive treatment for his marijuana or cocaine use, and he used drugs while he had a security clearance. He did not mitigate the security concerns arising from his drug involvement and related personal conduct. Clearance is denied.


Foreign Influence

04/28/2006

Applicant's wife, a naturalized United States citizen, has immediate family members, a cousin, and two close friends who are residents, citizens and/or agents of a foreign country. Applicant presented convincing evidence that these relationships do not pose an unacceptable security risk. I therefore conclude that applicant has rebutted the Government's prima facie case. Clearance is granted.


Foreign Preference, Foreign Influence

04/28/2006

Applicant failed to mitigated security concerns over foreign preference as she has maintained her dual citizenship with Italy, continues to vote and own property in Italy, continues to use her Italian passport, and recently chose to renew her Italian passport which will not expire until 2015. According to the August 2000 Department of Defense (DoD) security policy, one must surrender any foreign passport to be granted a security clearance. On the other hand, she has mitigated foreign influence concerns over her ties to her mother and sister who are citizens of and reside in Italy. Applicant has limited contact with them with only annual visits to Italy. Clearance is denied.


Foreign Influence

04/28/2006

Applicant is a native of the People's Republic of China (PRC) who was naturalized as a U.S. citizen in January 1999. His mother, mother-in-law, sister-in-law, and two college acquaintances are citizens and residents of the PRC. In July 2005, he was determined by the Department of Veterans Affairs (DVA) to be eligible for a "noncritical sensitive" ADP position. Based on that determination, he is entitled to a favorable reciprocal determination from the Department of Defense (DoD). Eligibility for an ADP II/III position is granted.


Foreign Preference; Foreign Influence

04/28/2006

The Applicant applied to be a Croatian citizen before she joined the defense industry. Once informed of the Government's concerns, she has moved quickly to revoke her Croatian citizenship. Her present personal relationships with foreign nationals is not of a type that would have current security significance. Sufficient mitigation is shown. Clearance is granted.


Criminal Conduct; Personal Conduct

04/28/2006

Applicant, who is now 60 years old, engaged in criminal conduct, including House Breaking and Shoplifting, in 1978, 1995, and 2001. Additionally, Applicant knew that information that he provided to the Government, regarding his criminal history, in a Security Clearance Application (SCA) and in a signed, sworn statement, was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Foreign Influence

04/28/2006

Applicant, who is 50 years old, was born in Taiwan, immigrated to the U.S. in 1983, and became a U.S. citizen in 1991. He is employed as a senior testing engineer and seeks a non-critical/sensitive level of trust designation. While Applicant is trustworthy and reliable, his close familial relationships with his mother and seven siblings, who are citizens and residents of Taiwan, constitute an unacceptable security risk. Applicant's eligibility for assignment to a sensitive position is denied.


Criminal Conduct; Financial; Personal Conduct

04/28/2006

Applicant is 32 years old and has worked as a general maintenance technician for a federal contractor since 2002. He has outstanding bench warrants and a no bail bench warrant in a state he fled from where he also has a pending jail sentence and other pending charges. Applicant has unpaid delinquent debts and failed to list his criminal history and a repossession on his security clearance application. Applicant failed to mitigate security concerns under Guidelines J, F and E. Clearance is denied.


Financial

04/28/2006

Applicant is 49 years old, divorced, and works for a defense contractor. He has 15 delinquent debts alleged in the SOR, with a total value of $161,544. Applicant did not submit any evidence specifically addressing his resolution, if any, of these 15 debts. Applicant failed in his burden of proof and did not mitigate the financial considerations security concern. Clearance is denied.


Foreign Preference

04/28/2006

Applicant is a 50-year-old software technical tester who has worked for the same defense contractor since June 2003. Born in Taiwan, Applicant has been a U.S. citizen since 1996. His wife, children, home, and investments are all in the U.S., but his mother and three of his siblings live in and remain citizens of Taiwan, and another brother lives in and is a citizen of Singapore. Even though his relationship to his foreign family is close and their contact is frequent, Applicant also established his more substantial ties to this country. In the process, he demonstrated that his foreign relatives do not pose an unacceptable risk. Eligibility for an ADP I/II position is granted.


Foreign Influence

04/28/2006

Applicant's spouse is a citizen of Nigeria and a permanent U.S. resident. Applicant's mother and 12 siblings are citizens and residents of Nigeria, as are his wife's two brothers and two sisters. Applicant sends his mother approximately $200 in support every three months. Applicant failed to mitigate Guideline B security concerns related to his family relationships in Nigeria. Clearance is denied.


Financial; Foreign Influence; Personal Conduct

04/28/2006

Applicant had four delinquent debts totaling about $32,255 when he was laid off from his job in October 2001. He remained unemployed until November 2002, and by that time he had nine delinquent debts totaling more than $70,000. He settled two debts after learning his finances raised a security concern, but he has taken no action to resolve the remaining debts. His parents and six siblings are citizens and residents of Vietnam. He refuted an allegation of falsifying his answer to a question on his security clearance application (SF 86) about his finances, but he has not mitigated security concerns based on financial considerations and foreign influence. Clearance is denied.


Alcohol Consumption

04/28/2006

Applicant was arrested for Driving While Under the Influence in December 2001. In lieu of pleading guilty, she entered into a deferred prosecution program. She was evaluated by a recognized alcohol treatment program and was diagnosed as an alcoholic and alcohol dependent. After being diagnosed as an alcoholic and alcohol dependent, she continued to drink while in her treatment program because she disagreed with her diagnosis. She offered no competent evidence to rebut the disputed diagnosis. Viewing the evidence as a whole, she has not mitigated alcohol consumption concerns raised. Clearance is denied.


Criminal Conduct

04/28/2006

Applicant has a history of criminal conduct, including a conviction for carrying a concealed handgun in 1986, a conviction for petit larceny in 2002, and charges for assault and battery on a family member in 2003. Applicant failed to mitigate the security concerns arising from his history of criminal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

04/28/2006

Applicant is 44 years old, married with one child, and works as a security guard at an ammunition plant. He has 13 delinquent debts incurred after his 1996 Chapter 7 bankruptcy. He falsified his answers on his auto repossessions, 180 and 90 day debt delinquencies on his 2003 security clearance application, and made a false statement in November 2003 to the Government investigator. He had a 1999 arrest and deferred prosecution disposition on a misdemeanor theft charge. Applicant did not mitigate the financial considerations, personal conduct, and criminal conduct security concerns. Clearance is denied.


Criminal Conduct; Drugs; Financial; Personal Conduct

04/28/2006

Applicant is 50 years old, married, and is a truck driver. He was arrested and convicted of several offenses between 1972 and 1987, serving nearly five years in jail for these offenses. He used marijuana from 1972 to 1987 regularly, and his last use was in 1994. Applicant has four delinquent debts remaining unpaid. Applicant only disclosed one felony drug arrest and conviction on his 2003 security clearance application, none of his delinquent debts, nor his 1997 Chapter 7 bankruptcy. Applicant mitigated the Drug Involvement security concern. He did not mitigate the Criminal Conduct, Financial Considerations, and Personal Conduct security concerns. Absent a waiver, the Department of Defense is statutorily prohibited from granting him a clearance because he was incarcerated for more than one year (10 U.S.C. § 986). Clearance is denied.


Guideline B; Guideline C

04/28/2006

The Judge conclusions were reasonable in light of the record evidence. Adverse decision affirmed.


Foreign Influence; Financial

04/28/2006

As a result of several periods of unemployment, Applicant accumulated a child support arrearage of more than $12,000. He negotiated a repayment plan, adhered to or exceeded it for more than five years, and paid the arrearage in full by the time of the hearing. He married a Bosnian woman while deployed to that country, but he divorced her in February 2005 and has no further obligations to her or relationship with her. He has refuted the factual basis for the security concern based on foreign influence and mitigated the concern based on financial considerations. Clearance is granted.


Financial; Drugs; Criminal Conduct; Personal Conduct

04/28/2006

Applicant is a married employee of a federal contractor. From 1996 through 2000, he abused cocaine, causing him to be financially irresponsible, to engage in criminal activity, and to be untrustworthy and unreliable. Since 2000, he has successfully completed a drug rehabilitation program, has been active in Narcotics Anonymous where he is accountable to three individuals on a thrice weekly basis. He has paid his delinquent debts and continues using a financial counselor. He has been drug free, and has obeyed the law. He successfully mitigated financial considerations, drug involvement, criminal conduct, and personal conduct security concerns. Clearance is granted.


Sexual Behavior; Personal Conduct

04/28/2006

Applicant is 46 years old and works for a federal contractor. In 2002, he was arrested and charged with Aggravated Sexual Assault Child Younger than 14 years of age, for an incident involving his stepdaughter. In 2003, the case was dismissed because his stepdaughter would not testify. In May 2003 and January 2004, he refused to provide releases or execute a sworn statement about the criminal charges as requested by the government. He failed to mitigate the security concerns raised by his sexual behavior and personal conduct. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

04/28/2006

Applicant had five alcohol-related arrests/incidents spanning a 12-year period. In addition to these alcohol-related arrests/or incidents, he consumed alcohol to excess over at least four years. Lastly, he failed to disclose his most recent arrest for Driving While Under the Influence and failed to provide a truthful account regarding the extent of his alcohol consumption to the Defense Security Service. Collectively, these facts raise criminal conduct, alcohol consumption, and personal conduct concerns. Applicant has not presented sufficient evidence to mitigate any of these concerns. Clearance is denied.


Personal Conduct

04/28/2006

Applicant, a former employee of a U. S. Government agency, was a participant in a scheme to defraud the government out of housing allowances. He falsely answered a question on his security clearance application about leaving employment under unfavorable circumstances and failed to disclose the reason for the criminal fraud investigation by his employer. He also did not disclose two previous suspensions involving dishonesty. Applicant failed to successfully mitigate the allegations of personal conduct security concerns under Guideline E. Clearance is denied.


Foreign Influence; Personal Conduct

04/28/2006

Applicant is 64 years old, married with two adult children by his previous marriages. He is a scientist and businessman who seeks a security clearance. His wife is a PRC citizen living in the U.S. His mother and siblings are PRC citizens living in the PRC. Applicant has extensive personal and business contacts in the PRC, and has brought PRC citizens to work in his company. Applicant contacted high PRC officials and family members on at least two occasions in the past six years seeking favorable consideration of his requests. Applicant deliberately failed to disclose his PRC commercial connections on his security clearance application; nor did he disclose that his his younger brother and sister. Applicant has not mitigated the foreign influence and personal conduct security concerns. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

04/27/2006

In the 1970s, applicant was convicted of a crime and sentenced to more than one year in prison. He actually served a year or more in prison. These facts disqualify him from receiving a security clearance under 10 U.S.C. 986. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

04/27/2006

Applicant was discharged from the Army for illegal use of marijuana. He continued to abuse marijuana while holding a security clearance, even after completing a periodic security clearance application (SCA). He deliberately falsified his security clearance application by failing to acknowledge his illegal use of marijuana during the previous seven years. Clearance is denied.


Financial

04/27/2006

The Applicant's excessive indebtedness has not been mitigated. A determination of trustworthiness and access to sensitive information is denied.


Financial; Personal Conduct

04/27/2006

Applicant owes about $12,916.39 in delinquent debt after being granted a Chapter 7 bankruptcy discharge in October 1998. Although an unexpected medical emergency and the loss of income were significant causes of the delinquency, financial considerations persist where Applicant has made little effort to resolve his debts. Applicant's failure to disclose his debts and bankruptcy on his March 2003 security clearance application does not raise security significant personal conduct concerns where he assumed the debts had been added to his bankruptcy, which he thought had been filed more than 7 years before. Due to the unmitigated financial considerations concerns, clearance is denied.


Foreign Influence

04/26/2006

The Applicant's brother is the Chief of Administration for the Ministry of Foreign Affairs in Afghanistan. The Applicant has consistent and regular contact with his brother and this raises a security concern. Clearance is denied.


Criminal; Financial; Personal Conduct

04/26/2006

Applicant's history of criminal conduct, involving eleven arrests and eight convictions for various criminal offenses, a history of financial irresponsibility and personal conduct involving falsifications and dishonesty on his security clearance application concerning his arrest and financial history, have not been mitigated by sufficient evidence of rehabilitation. Clearance is denied.


Foreign Influence; Foreign Preference

04/26/2006

The Applicant has surrendered her Taiwanese passport and renounced her Taiwanese citizenship. However, her close and continuing relationship with a foreign financial interests, namely her parents, poses a security risk. Clearance is denied.


Foreign Influence; Personal Conduct

04/26/2006

Applicant's foreign influence that includes his brother in Afghanistan does not pose a security risk. However, his intentional falsifications on his security clearance application concerning his arrest and financial history has not been mitigated. Clearance is denied.


Criminal Conduct; Sexual Behavior; Alcohol

04/26/2006

Applicant's history of criminal conduct, that includes two arrests involving violent conduct, two arrests for DUI, and two arrests for criminal sexual behavior, non-judicial punishment, with alcohol abuse over a period of many years has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

04/25/2006

Applicant was born in the U.S. of Columbian parents who were here temporarily. Shortly after his birth, Applicant returned to Columbia with his parents. He came to the U.S. to live in the U.S. more than 35 years ago and has held a security clearance for more than 20 years. Although his wife is a dual U.S./Columbian citizen and he has siblings who live in Columbia, Applicant has renounced his Columbian citizenship. Applicant mitigated foreign preference and foreign influence security concerns. Clearance is granted.


Foreign Preference; Foreign Influence

04/25/2006

Applicant, a dual citizen of the United States and Iran, has acted in such a way as to indicate a preference for a country other than the United States. He applied for and was issued an Iranian passport, even though he was a United States citizen, and he used the Iranian passport to enter and exit Iran. He returned his Iranian passport to the proper Iranian authorities, but without expressing a desire to relinquish the passport. He also has expressed an unwillingness to renounce his Iranian citizenship. Applicant has a close relationship with his father-in-law and mother-in-law, who are citizens and residents of Iran. Mitigation has not been shown. Clearance is denied.


Criminal Conduct

04/25/2006

Applicant has a long history of criminal conduct between 1971 and 1991. He had numerous convictions for offenses related to or arising from serious and continuing drug and alcohol abuse. On two occasions he was sentenced to (and actually served) more than one year in jail. Since February 1996, Applicant has not consumed alcohol or illegal drugs; he actively participates in a substance abuse recovery program. Applicant mitigated the security concerns arising from his history of criminal conduct. However, he is subject to 10 U.S.C. § 986 by virtue of his convictions, sentences and confinement for more than one year; thus, I am required to find him ineligible for a security clearance. Clearance is denied.


Financial

04/25/2006

Applicant is a retired chief petty officer working as a crew manager for a shipping company handling defense contracts. Due to circumstances beyond his control, including an unexpected medical retirement, an extended period of under-employment, and expenses resulting from a divorce, Applicant was unable to meet his financial obligations. In 2001, a Chapter 7 bankruptcy action discharged his debts, except for unpaid federal and state taxes. In following years, the tax repayment burden and consumer debts resulted in further financial strain. In 2005, he filed for Chapter 13 bankruptcy and began a repayment plan addressing all the debts listed in the SOR. He has the financial means to execute the plan. Applicant mitigated the security concerns relating to financial considerations. Clearance is granted.


Foreign Influence

04/25/2006

Applicant has close and ongoing ties to immediate family members in Sudan, a country with an authoritarian government that the U.S. Government has designated as a state sponsor of terrorism. Clearance is denied.


Foreign Influence; Personal Conduct

04/25/2006

Applicant, a naturalized citizen of the U.S. since 1993, has three siblings who are citizens and residents of Afghanistan. His younger brother is mentally disabled, his older brother is a taxi driver, and his sister is a housewife married to a bathroom fixture salesman. Applicant did not disclose his three siblings and an arrest for assault and battery on his security clearance application (SF 86). He has refuted the allegation of intentional falsification of his SF 86 and mitigated the security concern based on foreign influence. Clearance is granted.


Financial; Personal Conduct

04/25/2006


Criminal Conduct; Personal Conduct

04/25/2006

From age 14 in 1985, to age 31 in 2002, Applicant was convicted of two driving while intoxicated and two battery offenses. During this period of time, he also committed numerous traffic violations and assaults. He was also held in contempt of court and failed to pay fines, make court appearances, and comply with the terms of his probation. In 2002, Applicant deliberately failed to disclose most of this information in his SF 86. The record is not sufficient to overcome the criminal conduct and personal conduct security concerns raised by his actions. Clearance is denied.


Guideline B: Guideline E

04/24/2006

There is a rebuttable presumption that contacts with immediate family members are not casual. Mere disagreement with a Judge's weighing of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

04/21/2006

Applicant mitigated concerns over his teenage criminal conduct and concerns over his personal conduct in violating traffic laws. While he did not disclose any of these misdemeanor arrests in his questionnaire for public trust positions, he credibly established that he had no intent to falsify by omitting the 1998 incident as he never was required to appear in court and did not consider it an arrest. The government provided no arrest or court records to establish it was an arrest. Overall, he demonstrated clear evidence of successful rehabilitation. Eligibility is granted.


Financial: Personal Conduct

04/21/2006

Applicant is 46 years old and works for a federal contractor. Since 1988, she accumulated a significant amount of delinquent debt, as a result of marital problems, medical issues, and the loss of income. Although she recently discharged all of her debts through bankruptcy, she failed to mitigate the security concerns raised by financial considerations, as she remains unable to meet her current obligations and has not established a plan to reach financial stability. She did mitigate those security concerns raised by her personal conduct. Clearance is denied.


Personal Conduct

04/21/2006

Applicant intentionally concealed her criminal history from the Government. Determination of Trustworthiness is denied.


Financial: Personal Conduct

04/21/2006

Applicant is 45 years old and works for a federal contractor. Since the late 1990's, he accumulated approximately $10,000 of delinquent debt that he has failed to resolve despite ongoing plans or intentions to do so. When he completed his security clearance application, he did not disclose his delinquent debts. He failed to mitigate the security concerns raised by financial considerations and his personal conduct. Clearance is denied.


Financial

04/21/2006

Applicant has been experiencing significant financial problems for many years. These problems continued after she received a Chapter 7 bankruptcy discharge in 1998. Determination of Trustworthiness is denied.


Criminal Conduct; Personal Conduct

04/21/2006

Applicant, a 47-year-old employee of a federal contractor, admitted Guideline J criminal conduct occurring in 1981, 1999, and 2002. In 2002, Applicant was arrested for soliciting fellatio from an undercover police officer. He did not disclose his arrest and probation to his spouse. This makes him susceptible to coercion or undue influence under Guideline E personal conduct. Further, his admissions of criminal activity show a pattern of criminal conduct. He has failed to mitigate the security concerns about criminal conduct and personal conduct. Clearance is denied.


Foreign Influence; Foreign Preference

04/21/2006

Applicant is 56 years old and has worked for a federal contractor since 1981. She is a dual citizen of France and the United States. She had a valid and current French passport and exercised her French citizenship by using her French passport to travel. Applicant has some family remaining in France, but has minimal contact with most of them. The one cousin she is close to has minimal vulnerability to exploitation. Applicant's children are also dual citizens, but reside in the U.S. Applicant has mitigated the security concerns under Guideline B, foreign influence, but failed to mitigate the security concerns under Guideline C, foreign preference. Clearance is denied.


Foreign Influence

04/21/2006

Applicant's spouse is a senior military officer in the armed forces of France. Both Applicant and her spouse work in the area of tactical military communications. The security concern based on foreign influence is not mitigated. Clearance is denied.


Foreign Influence

04/20/2006

Applicant's parents and brother are citizens and residents of Taiwan. Applicant's father is holding an unknown number of stock certificates in Applicant's name for transmittal to her at a future date. Applicant's close and familial ties to her family members in Taiwan raise serious security concerns because they could result in the compromise of classified information. Clearance is denied.


Financial; Personal Conduct

04/20/2006

Applicant has more than $10,000 in delinquent debt. He has neither paid the debts nor made plans to do so. He deliberately omitted these debts from two security clearance applications. Clearance is denied.


Financial

04/20/2006

Applicant is 63 years old and works as a security officer for a federal contractor. Since 1993 he accumulated approximately $29,000 of delinquent debt as a result of medical problems and unemployment that he has been unable to pay. He failed to mitigate the security concerns raised by financial considerations. Clearance is denied.


Foreign Influence

04/20/2006

Applicant, who was born, educated, and married in the People's Republic of China (PRC), became a U.S. citizen in 2000 and is employed as a systems engineer by a government contractor. She is responsible for managing access to a database containing personal and medical information about military and civilian patients. Applicant's parents, brother, and parents-in-law are citizens and residents of the PRC. In 1994, 1995, and 1996, when working for another employer, she was sent to the PRC to solicit information technology business for the employer. Applicant failed to mitigate security concerns arising from having relatives who are citizens and residents of the PRC. Applicant's eligibility for assignment to a sensitive position is denied.


Financial; Personal Conduct; Criminal Conduct

04/20/2006

Applicant has a history of financial difficulties, resulting in numerous unpaid debts and judgments. He has not obtained financial counseling or made a good-faith effort to resolve his delinquent debts. Applicant was convicted of making a false statement to obtain unemployment compensation in 2002. On security clearance applications submitted in July 2002 and January 2003, Applicant deliberately provided false responses concealing his judgments and delinquent debts. Applicant failed to mitigate the security concerns arising under the guidelines for financial considerations, personal conduct, and criminal conduct. Clearance is denied.


Foreign Influence; Personal Conduct

04/20/2006

Although Applicant did not identify a Russian woman associate he was sponsoring on a K-1 fiancee visa on his security clearance application (SF-86), he denied falsifying his SF-86 and frequently and voluntarily kept his facility security officer informed of the woman's status in his personal life, thereby rebutting Guideline E security concerns. However, Applicant failed to mitigate security concerns arising from his subsequent marriage relationship with the woman, a U.S. permanent resident and citizen of the Russia Federation, and his relationships with his wife's young son, who resides in his household and is a citizen of the Russia Federation, and with his wife's mother, who is also a resident and citizen of the Russia Federation. Clearance is denied.


Foreign Influence

04/20/2006

Applicant is a naturalized United States citizen who was born in Sudan. Concerns were raised because his four siblings are citizens of and reside in Sudan and his wife is a citizen of Sudan residing in the United States. Concerns pertaining to his wife have been mitigated since she is a United States citizen residing in the United States. Concerns pertaining to his siblings have been mitigated since his contacts with his siblings are minimal and he has not traveled to Sudan since moving to the United States 16 years ago. Foreign influence concerns have been mitigated. Clearance is granted.


Alcohol

04/20/2006

Applicant drove a vehicle while under the influence of alcohol in November 2001, and committed an alcohol-related domestic violence offense in December 1998. He has mitigated the security concerns that arise from his alcohol consumption. Clearance is granted.


Guideline F; Guideline E.

04/20/2006

Administrative Judge had a duty to consider Applicant's statement but was not required to accept the at face value. Adverse Decision Affirmed


Drugs

04/20/2006

This 48-year-old engineer used marijuana (and some cocaine) from 1975 to 1989 and again from April 2002 to December 2002, when he failed a random drug test at his company. His last period of marijuana use occurred after he received a security clearance and access to Sensitive Compartmented Information (SCI). Over the last three years, he has received outpatient counseling, attended meetings of a 12-step program, and impressed his employer with his integrity, self control and work ethic. He has demonstrated a substantial level of rehabilitation. Mitigation has been shown. Clearance is granted.


Guideline L; Guideline B

04/20/2006

Bias is not demonstrated merely because a Judge found against a party. The fact that an Applicant may be useful in a particular project does not overcome the Judge's security concerns. Adverse decision affirmed


Financial; Personal Conduct

04/19/2006

Applicant is 26 years old and has worked as a beneficiary support representative for a federal contractor since 2003. At an early age she took on considerable responsibility by caring for her younger brother because her mother was incarcerated. She was a single mother at 18 and made poor financial decisions and has been in debt since 1999. She and her husband had over $42,000 in debt discharged in bankruptcy in October 2005, but they still spend more than they earn and are months behind in car payments. Applicant also deliberately failed to list her delinquencies on her public trust application. She has failed to mitigate the trustworthiness concerns and her eligibility for assignment to sensitive positions is denied.


Financial

04/19/2006

Applicant incurred more than $50,000 in delinquent debt. Although some of the debt was incurred as a result of circumstances beyond his control, he has made no effort to pay off his creditors. Clearance is denied.


Financial

04/19/2006

This 61-year-facility security officer was alleged to have three delinquent debts, totaling more than $26,000.00, as shown on a credit report. These debts substantially arose during her three-year marriage, which ended in 1996. Applicant alleges, and the court documents confirm, that these debts were made the legal responsibility of her husband. Applicant was not made aware of the delinquency of these debts until years later. She has submitted the court order to the credit reporting services. The Government has not established that these debts were her legal obligation to pay, or that she has acted improperly in not paying them. In any case, mitigation has been established. Clearance is granted.


Financial; Personal Conduct

04/19/2006

Applicant incurred numerous delinquent debts. Several debts were accounts he was disputing. Some of the debts related to property inherited from his father's estate. Other debts were accounts which were entangled in his divorce settlement. Other accounts he overlooked. He is capable of paying these debts and has resolved all delinquent accounts. He has made a good-faith effort to repay overdue creditors or otherwise resolve debts. Applicant's failure to list his delinquent accounts was not deliberate. Clearance is granted.


Financial

04/19/2006


Criminal Conduct

04/19/2006

The evidence of reform and rehabilitation is sufficient to mitigate the criminal conduct security concern stemming from Applicant's commission of numerous robberies during 1984 - 1986. Convicted and sentenced to confinement in two adjoining jurisdictions, he was confined for several years until his release in November 1992. He began regular, gainful employment in March 1993, which continues to date. There have been no further indications of criminal conduct since his release from confinement about 13 years ago. In addition, 10 U.S.C. § 986(c)(1), which prohibits the Defense Department from granting or renewing a security clearance to persons who are convicted and incarcerated for more than one year, does not apply here because Applicant is not an employee of a contractor of the Defense Department. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

04/19/2006

Applicant has delinquent debts he has not paid, a history of criminal conduct, and an unwillingness to tell the truth. Clearance is denied.


Financial

04/18/2006

Applicant is 26 years old and works as a systems administrator for a federal contractor. He married in 2001, and became unemployed for four months in 2002. His wife was unemployed from April 2002 to May 2003. During this time they had a child in July 2002. Applicant made some poor and immature financial decisions and has many delinquent debts that remain unpaid. Based on Applicant and his wife's combined incomes they have very little money remaining at the end of each month to pay off their debts. Applicant has made minimal efforts to resolve his delinquent debts. Clearance is denied.


Financial

04/18/2006

Applicant fell behind on his debts while serving on active duty in the Navy, when he was separated from his wife prior to their divorce. Applicant began paying his delinquent debts before the initiation of this action, has paid or resolved all but one of the outstanding obligations, and is current on the payment plan for the remaining debt. Applicant mitigated the security concerns arising from his financial difficulties. Clearance is granted.


Financial

04/18/2006

Applicant is 37 years old and presently works for a federal contractor. After her divorce in July 2001, she experienced financial difficulties when her former husband failed to pay child support on a regular basis. Since 2004, she has established a good credit history and is resolving her debts. She mitigated the security concerns raised by financial considerations. The Government did not offer proof on those security concerns raised by personal conduct. Clearance is granted.


Financial; Personal Conduct

04/18/2006

Applicant and his spouse filed for Chapter 7 bankruptcy in mid-October 2005. They listed $33,748 in unsecured nonpriority claims, including more than $18,000 in medical debt. Financial considerations are mitigated where the financial difficulties are attributable in large part to noncovered medical treatment for his spouse and her inability to work due to her medical condition. Personal conduct concerns persist where he did not disclose any indebtedness on his February 2002 security clearance application. Clearance is denied.


Financial; Personal Conduct

04/18/2006

Applicant is 38 years old and has worked as a packing and shipping employee for a federal contractor since 1999. He has a history of not meeting his financial obligations and intentionally failed to divulge his delinquent debts on his security clearance application. Applicant failed to mitigate the security concerns under Guideline F, financial considerations, and Guideline E, personal conduct. Clearance is denied.


Criminal Conduct

04/18/2006

In 1975, Applicant was convicted of numerous drug-related offenses, conspiracy to commit perjury, and endeavoring to influence witnesses testimony and having those witnesses testify falsely. Although the drug-related convictions were overturned on appeal, Applicant served 13 months in confinement for his convictions for conspiracy and endeavoring to influence witnesses. Applicant mitigated criminal conduct security concerns, but absent a waiver, the Department of Defense is prohibited from granting him a clearance. 10 U.S.C. § 986. Clearance is denied.


Financial

04/18/2006

Applicant fell behind on his college tuition payments after he was laid off and unemployed for about nine months, but he paid the debt in full after he found a new job and received a performance bonus. He has done nothing to resolve an unpaid judgment for $5,050, incurred when he resigned from his job with a defense contractor shortly after completing training and then refused to reimburse his employer for the cost of his background investigation and training as required by his employment contract. The security concern based on financial considerations is not mitigated. Clearance is denied.


Personal Conduct; Criminal Conduct

04/18/2006

Applicant failed to mitigate the personal and criminal conduct concerns raised by his deliberate falsification of information submitted to the government in a recent security clearance application (SF 86), and his false statements to the government through subject interviews during his background investigation. Clearance is denied.


Financial

04/18/2006

Applicant is 43 years old and works as a business manager for a federal contractor. From 1993 through the present, he has accumulated approximately $20,000 of delinquent debt that he has not resolved and does not intend to pay. He failed to mitigate the security concerns raised by financial considerations. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

04/18/2006

As a teenager, Applicant abused marijuana with varying frequency from approximately 1998 to November 2000, and tried LSD in 1999. His illegal drug involvement led to criminal arrests for drug abuse in May 1999, July 2000 and November 2000. Despite an intent to refrain from illegal drugs in the future, he smoked marijuana twice in 2003. His illegal drug involvement is mitigated by his change to a drug-free lifestyle, but criminal conduct and personal conduct concerns persist where he falsely denied on his security clearance application that he had used any illegal drugs since age 16. Clearance is denied.


Criminal Conduct; Personal Conduct

04/18/2006

Applicant failed to successfully explain, extenuate, or mitigate the security concern stemming from his history of criminal conduct based on a series of domestic-violence incidents with his now ex-wife and a single incident with a former girlfriend. Clearance is denied.


Guideline J

04/18/2006

Applicant has not shown harm by absence of a formal recommendation from the Judge to waive Section 986 prohibition. Adverse decision affirmed.


Financial

04/17/2006

Applicant is 36 years old and works as a computer specialist for a federal contractor. From 1998 until 2002, he accumulated a significant amount of debt. Although he resolved some of his financial obligations, he has a substantial amount of delinquent debt outstanding. He failed to mitigate the security concerns raised by his financial problems. Clearance is denied.


Personal Conduct; Criminal Conduct

04/17/2006

Applicant's intentional falsification of material information from his security application in July 2003, and his sworn statement in February 2004 have not been mitigated. Applicant's criminal record involving fraudulent activity in 1986, in 1996, in 2003, and in February 2004, are not mitigated either. Clearance is denied.


Financial Considerations

04/17/2006

Applicant failed to mitigate financial concerns related to over $10,000.00 in delinquent debts incurred during an 18 month period of unemployment after resigning from the Army. He failed to show payments or a plan to resolve the debts despite employment for the past two years. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

04/17/2006

Delinquent debt totaling about $6,172 has been repaid. He has not paid a $189 debt in collection since January 2003, which he submits should have been paid by a former girlfriend. The remaining debt of $128 is for a collection account he has been unable to verify. Financial considerations are mitigated by his good faith efforts to address the debts. Personal conduct and criminal conduct concerns persist because he deliberately misrepresented his arrest record and financial delinquencies when he completed his security clearance application. Clearance is denied.


Foreign Influence

4/17/2006

Applicant is one of many boat people who left Vietnam after the collapse of South Vietnam in 1975. He is a 39-year-old man who, at the age of 18, fled Vietnam in 1984. He was allowed to immigrate to the U.S. as a refugee and has since obtained a college education, registered for the selective service, and is now a U.S. citizen. He is employed as a structural analyst for a large defense contractor. The majority of Applicant's family have since immigrated to the U.S., however, he has two sisters who are presently resident citizens of Vietnam. Based on the record evidence as a whole, Applicant has successfully mitigated the security concern of foreign influence based on his family ties to Vietnam. Clearance is granted.


Criminal Conduct

04/17/2006

Applicant has a history of criminal conduct from 1979 to 1986, when he was between 16 and 23 years old. He had several felony convictions for drug-related offenses, received lengthy sentences to confinement, and served 20 months in jail. Since his release, he has been an excellent father, a helpful neighbor, a dependable employee, and a good citizen. He has been fully rehabilitated for many years. He successfully held a security clearance from about 2000 until the initiation of this action. Applicant mitigated the security concerns arising from his history of criminal conduct. However, he is subject to 10 U.S.C. § 986 by virtue of his confinement; thus, I am required to find him ineligible for a security clearance. Clearance is denied.


Guideline B; Guideline E

04/17/2006

The Judge's decision could not be affirmed where the Judge relied heavily on condition which were not applicable given the totality of facts and circumstances in Applicant's case. The Judge needed to make findings under all the allegations. The Judge should do a whole person analysis. Favorable decision remanded.


Criminal Conduct; Personal Conduct

04/14/2006

Applicant was arrested four times between 1989 and 2000 for relatively minor criminal offenses. The government failed to prove he deliberately falsified a security clearance application he submitted in July 2003. Clearance is granted.


Financial

04/14/2006

Applicant experienced financial difficulties resulting in significant unpaid debts, most which arose while he was in the Navy and for a time after his honorable discharge in 2000. Applicant was severely injured in a car accident in 2004, and has been living primarily off disability payments ever since. He remains unable to pay his debts, but did not present sufficient information to overcome the security concerns about his earlier financial mismanagement. Clearance is denied.


Personal Conduct; Criminal Conduct

04/14/2006

Applicant is a 36-year-old employee of a defense contractor, who deliberately falsified his Questionnaire for Public Trust Positions (SF 85P) in January 2002, a violation of federal criminal law. He omitted a 1996 arrest in response to Question 16 on the form. He did not mitigate the concerns under the Personal Conduct Guideline and the Criminal Conduct Guideline. Eligibility for an ADP I/II/III position is denied.


Criminal Conduct; Personal Conduct; Financial; Drugs

04/14/2006

Applicant is a 53-year-old defense contract employee. He willfully failed to file federal and state tax returns from 2001 until 2003. Despite subsequent filings and payments in 2005, Applicant did not mitigate the criminal conduct concern, personal conduct, and financial considerations. Applicant also has a history of illegal drug use. Despite a 1996 drug treatment program, he did not mitigate the security concerns arising from his drug involvement. Clearance is denied.


Criminal Conduct; Alcohol; Financial; Personal Conduct

04/14/2006

While Applicant mitigated security concerns under Guidelines J, G, and E, he failed to mitigate security concerns relating to his financial delinquencies. Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct

04/14/2006

From age 15 in 1995, to age 21 in 2001, Applicant used and sold illegal drugs. During this period of time, he was convicted of five felony offenses, three of them drug related. He was also convicted of two misdemeanor offenses, one drug related, and was cited for another drug offense. The information in the record is not sufficient to overcome the criminal conduct, drug involvement, and personal conduct security concerns raised by his actions. Clearance is denied.


Financial

04/14/2006

Applicant is 50 years old and works as a security associate for a federal contractor. Beginning in 1994 to the present, he accumulated a significant amount of delinquent debt that resulted from a previous divorce, child support payments, medical bills, and periods of medical disability. Although he is willing to resolve these matters, he did not provide any evidence establishing a plan to attain financial stability. He failed to mitigate the security concerns raised by his financial problems. Clearance is denied.


Foreign Influence

04/14/2006

Under a whole person analysis, Applicant has mitigated security concerns over foreign influence that arise from his mother and sister living in and being citizens of Israel. Applicant has strong ties in the U.S. and has consistently disclosed his family ties in Israel. Notably, on two prior occasions he held a security clearance without incident. If overtures were made to pressure him or his family, he would report such a contact or threat to a responsible security official. Considering all of these factors, Applicant credibly established he would not be subject to pressure. Thus, Applicant mitigated security concerns under Guideline B. Clearance is granted.


Personal Conduct

04/13/2006

Applicant deliberately provided false information on his security clearance application in an attempt to conceal a felony charge in 1996 and two other arrests in 1996 and 1997. He also lied to a security investigator about his criminal record. Applicant failed to mitigate the security concerns arising from his falsifications. Clearance is denied.


Foreign Influence

04/13/2006

Applicant is a naturalized United States citizen who was born in the People's Republic of China (PRC). Concerns were raised because his parents, brother, friends and extended family members are citizens of and reside in the PRC. Applicant maintains frequent contact with his immediate family members who reside in the PRC. Security concerns under foreign influence remain. Clearance is denied.


Financial; Personal Conduct

04/13/2006

Applicant has a large amount of delinquent debt that primarily resulted from misuse of credit cards. He failed to disclose the delinquent accounts in a security clearance application he submitted in December 2002. Clearance is denied.


Foreign Influence; Personal Conduct

04/13/2006

Applicant is married to a Mexican citizen who is residing in the United States illegally. She and her husband travel to Mexico on a regular basis to visit her in-laws. Clearance is denied.


Financial; Personal Conduct

04/13/2006

Applicant owes more than $35,000 in delinquent consumer credit debt incurred during a previous marriage, much of it owed since the late 1990s. While he deserves credit for paying his child support for two children, and his financial situation has been negatively affected by having to pay alimony to his ex-wife, financial considerations persist. Yet, personal conduct concerns related to deliberate omission of this debt from his security clearance application are not proven where he mistakenly believed the debt had been discharged in his former spouse's bankruptcy. Clearance is denied.


Criminal Conduct; Illegal Drugs; Personal Conduct

04/13/2006

Title 10 U.S.C. § 986 bars Applicant from holding a clearance because she served more than one year in jail for violating terms of her probation in 1994. Applicant has otherwise mitigated the security concerns about her drug use, criminal conduct, and personal conduct. Clearance is denied. I recommend further consideration of this case for meritorious waiver.


Personal Conduct; Criminal Conduct

04/12/2006

Applicant's history of criminal conduct includes three arrests resulting in two convictions for Reckless Driving and Defrauding an Innkeeper. He later falsified his response to a question on his Security Clearance Application concerning his criminal history, in violation of 10 U.S.C. § 1001. Applicant failed to mitigate the security concerns arising from his falsification or his criminal conduct. Clearance is denied.


Personal Conduct; Criminal Conduct

04/12/2006

Applicant failed to successfully explain, extenuate, or mitigate the security concerns raised by: 1) the unfavorable information provided by employers; and 2) his falsification of a security-clearance application wherein he deliberately failed to disclose resigning from federal employment in lieu of being fired in 2001, a drunk driving incident in 1986, and a Chapter 7 bankruptcy case in 1997, all of which were required to be reported. Clearance is denied.


Personal Conduct

04/12/2006

Applicant is a self-employed electronics manufacturer and government contractor, who developed an undetectable telephone tap device. During a nationwide United States Customs Service investigation, he was arrested in 1998 for illegal trafficking and exporting of electronic communications intercept devices. Subsequent to his counsel's investigation of his product design and customer's use of the product, the U. S. Attorney declined to prosecute him for violation of federal law related to the design, manufacture and sale of this device. Because he had shipped one of his devices overseas and improperly labeled the customs declaration form, he pled guilty to a misdemeanor charge of providing false information. He has not been arrested since, nor does he have any financial problems or a history of other negative incidents. Clearance is granted.


Financial

04/10/2006

Applicant is a truck driver of specialized cargo who team-drives with his wife. After she became injured on the job and he had a recurring medical problem, they were unable to work, and incurred delinquent debts. They filed for and were discharged in bankruptcy in 2000. They were debt-free until 2001 when Applicant had a heart attack, incurring large medical bills from two hospitals and a doctor for his treatment. One of the hospitals forgave his debt, and he believed this action covered the other hospital. When he learned of the continuing hospital debt, he started a payment plan. He has been paying the doctor's bill since he returned to work after the heart attack. He is saving funds to pay the debts early. He has mitigated security concerns for financial considerations. Clearance is granted.


Criminal Conduct; Personal Conduct; Financial

04/10/2006

Applicant is 28-years-old and has worked as a billing analyst for a federal contractor since 2003. She has three criminal issues from her past. She has not been in any trouble since 2000. For a period of time she was underemployed, had no health insurance and needed surgery, and her father, unbeknownst to her, was using her credit cards without her authorization. Although she still has delinquent debts, she has cut her expenses, paid some bills, and set up a budget to resolve her debts. When she filled out her security clearance application she failed to list her delinquent debts because they had not yet become delinquent or she did not know about them. She also failed to remember certain criminal offenses from her past and did not list them. Applicant successfully mitigated the security concerns under Guidelines J, E, and F. Clearance is granted.


Criminal Conduct

04/10/2006

In 2001, Applicant stole five checks from his sister-in-law and then forged and negotiated them for his benefit. In 2002, he was convicted of theft and five counts of forgery, and placed on five years probation. He failed to respond to the form and the information in the file record is not sufficient to overcome the criminal conduct security concerns raised by his actions. Clearance is denied.


Alcohol

04/10/2006

Applicant was arrested in 2000 after being given a field sobriety test and in 2003 for driving under the influence of alcohol (DUI). As a result, he was convicted of an unknown offense in 2000 and DUI in 2003. Applicant made positive changes supportive of sobriety and has not had any alcohol-related incidents in more than three years. Clearance is granted.


Information Technology; Personal Conduct

04/10/2006

Applicant's misuse of his government computer on multiple occasions from 1998 to 2000, and his December 2001 false statement about the circumstances of that misuse, demonstrated that he lacks the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

04/10/2006

Applicant is a single employee of a federal contractor. He used the services of prostitutes in the United States and while employed in Europe. He successfully mitigated sexual behavior, personal conduct, and criminal conduct security concerns based on the nature and extent of the solicitations and the lack of coercion, exploitation, or duress from his admissions and common knowledge of his actions. Clearance is granted.


Guideline C; Guideline E

04/07/2006

Possession and use of a foreign passport is a security issue under ASDC3I memo of August 16, 2000. Adverse Decision Affirmed.


Criminal Conduct; Alcohol

04/06/2006

Between 1998 and 2003, Applicant was arrested four times. He had two alcohol-related incidents away from work-one in 1998 and one in 2003, both resulting in convictions for Driving Under the Influence of Alcohol. In June 2002 he wrongfully took another's property, resulting in a petty larceny charge and deferred prosecution for two years. One month later, an affray with his son led to a criminal assault charge that was later dropped. Applicant failed to mitigate the security concerns arising from his history of criminal conduct and excessive alcohol consumption. Clearance is denied.


Personal Conduct

04/06/2006

Applicant is 48 years old and has worked as an engineer for a series of federal contractors since 1981. He has held a secret security clearance since 1982. Applicant released proprietary information of his company to an unauthorized foreign national and did not comply with his supervisor's directions regarding other proprietary information. Applicant provided testimony that was not believable and in conflict with his previous sworn statement. He failed to meet his heavy burden of persuasion to mitigate the security concerns under Guideline E, personal conduct. Clearance is denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

04/05/2006

Applicant committed acts of indecent exposure at least twice a month from April 2001 to October 2002. He was arrested in October 2002 and charged with Public Indecency. Between October 2002 and March 2004, he continued to commit acts of indecent exposure on eight occasions. His conduct as well his deliberate omission of mental health counseling on his security clearance application raise security issues about his judgment and candor. Clearance is denied.


Financial

04/04/2006

Between 2000 or 2001 and June 2002, Applicant incurred some unanticipated emergency medical expenses which were not fully covered by health insurance. By October 2004, there were 10 delinquent liabilities totaling approximately $15,675.00. She made no effort to pay any of her debts, planning, instead, to file for bankruptcy as soon as she could afford to do so. As of December 2005, no filing for bankruptcy had yet taken place. Doubts remain as to her eligibility for occupying an Information Systems Position designated ADP-II. Eligibility is denied.


Financial; Personal Conduct

04/04/2006

Applicant is not entitled to a second hearing absent a showing that he was denied a reasonable opportunity to present his case below. Adverse decision affirmed.


Sexual Behavior; Personal Conduct

04/03/2006

The mere fact that there is conflicting record evidence is not dispositive. A Judge must weigh the conflicting record evidence and make pertinent findings of fact. The Judge's findings of fact in this case are sustainable. It was legally permissible for the Judge to accept Applicant's explanation and partial recantation of his admissions. Department Counsel has not shown that the Judge's conclusions are arbitrary and capricious. Favorable decision affirmed.


Financial

03/31/2006

Applicant contends her financial difficulties arose after she was fired as a security officer in January 2003 for not qualifying her weapon. The job termination provides only limited extenuation for her overdue debts, because she knew that in order to keep her job, she would be tested periodically to ensure she was qualified to handle her gun properly. Although Applicant promised the government in September 2004 she would contact all creditors and set up payment plans with some and completely pay off others, she only produced evidence of settlement with one of 14 creditors. Applicant did not document her claims of contacting the other creditors or present a plan to address the remaining accounts. She has not met her burden of persuasion under the financial considerations guideline. Clearance is denied.


Alcohol; Criminal Conduct

03/31/2006

Applicant is 31 years old, unmarried, and works for a defense contractor. He has three alcohol related driving arrests between 1996 and 2004, and an arrest in 1997 and 2001 for driving while his privileges were suspended. Applicant did not mitigate the alcohol consumption and criminal conduct security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

03/31/2006

Applicant is a dual citizen of the U.S. and Sudan. He was born in Sudan and naturalized as a U.S. citizen in June 2000. He has not exercised his Sudanese citizenship since becoming a U.S. citizen. His mother, two siblings, father-in-law, mother-in-law, and half-brother are citizens and residents of Sudan. He co-owns property worth about $100,000 in Sudan. He has provided virtually no information about his family ties or property interests in Sudan. Applicant has refuted the allegation of foreign preference, but he has not mitigated the security concerns based on foreign influence. Clearance is denied.


Financial

03/31/2006

Applicant is 56 years old, married with three children, and works for a defense contractor. He filed two bankruptcy actions in the 1990s, bringing only the 1995 Chapter 7 bankruptcy to a final discharge of his $100,000 in delinquent debts. He currently has six delinquent debts totaling about $39,000. He has a history from 1997 to the present of incurring delinquent debt loads more than $15,000 and having past due debts of $3,000 or more at any one time. Applicant did not mitigate the financial considerations security concerns. Clearance is denied.


Foreign Influence

03/31/2006

Applicant married a Russian citizen who is a permanent resident of the U.S. She maintains close ties with her parents and her daughter who are citizens and residents of Russia, but Applicant has little or no contact with his wife's Russian relatives. Applicant has strong ties to the U.S. and would not compromise national security. Applicant mitigated the security concerns relating to possible foreign influence. Clearance is granted.


Drugs; Personal Conduct

03/31/2006

From the late 1970s to at least 2002, Applicant used marijuana on an occasional basis. From 1988 until about the middle 1990s, Applicant used the drug while holding a security clearance. At age 42, in April 2002, Applicant deliberately omitted his drug use and criminal record from his security clearance application (SCA). The long period of marijuana use and the deliberate omission of his drug use and criminal record from the SCA have not been mitigated. Clearance is denied.


Personal Conduct; Criminal Conduct

03/31/2006

In 2003, Applicant submitted a SF 86 in which he deliberately failed to disclose that between 1993 and 1998 he sold drugs for profit and was arrested and charged five times for drug-related offenses. On one of those occasions, he was convicted and placed on probation. He failed to mitigate the personal conduct and criminal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

03/31/2006

Applicant has made substantial progress in resolving the delinquent debts that largely resulted from circumstances beyond his control. He did not intentionally fail to disclose the debts in the security clearance application he submitted. Clearance is granted.


Foreign Influence

03/31/2006

Applicant is a 46-year-old naturalized United States citizen, who has resided in the United States for 19 years. Three of his siblings are resident citizens of the Peoples Republic of China, as are his wife's parents. His wife and brother reside in the United States and await citizenship. His Chinese parents live with him and are applying for status as permanent resident aliens. He has not mitigated the security concerns raised by foreign influence. Clearance is denied.


Alcohol

03/31/2006

Applicant, who has been drinking since about 1961, started abusing alcohol in the 1990s. Alcohol consumption concerns persist because he continues to consume alcohol after being treated for medically diagnosed alcohol dependence. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

03/31/2006

Applicant was born in Israel and is a naturalized U.S. citizen. His mother, sister and brother are citizens of and reside in Israel. His wife and three children are dual citizens of the United States and Israel residing in the United States. Applicant renewed and traveled on an Israeli passport after becoming a United States citizen. He has mitigated the foreign influence and foreign preference security concerns. The Government did not establish a security concern under Guideline E. Clearance is granted.


Personal Conduct; Criminal Conduct; Financial

03/31/2006

Applicant's minor criminal offenses in June and October 1978, October 1981, and September 2000 were mitigated by the passage of time without recurrence of similar conduct. His bankruptcy discharges in February 1987 and July 2002 were similarly mitigated by the absence of additional financial difficulties after the July 2002 discharge. Clearance granted.


Financial

03/31/2006

Applicant has two judgments against her totaling more than $9,000, a state tax lien for more than $2,800, accounts placed for collection in the amount of $2,692, and charged off accounts totaling more than $17,600. Although some of the delinquent debts may be attributable to conditions that were largely beyond her control, she failed to demonstrate that she is making good-faith efforts to resolve the debts. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/31/2006

Board reads the Administrative Judge's decision as a whole. The Judge is not obliged to give evidence as much weight as a party would like. Adverse decision affirmed.


Foreign Influence; Personal Conduct; Criminal Conduct

03/31/2006

Applicant's brother, a U.S. citizen, resides in Hong Kong and works for a Chinese real estate management company. Applicant deliberately provided false information to an authorized investigator regarding a physical altercation with his former wife. Applicant failed to mitigate Guideline B, E, and J security concerns. Clearance is denied.


Drugs

03/31/2006

Applicant's abuse of marijuana from 1990 to November 2003 was not mitigated where his drug use was recent, was not isolated, and where the record evidence was insufficient to demonstrate an intent to refrain from illegal drug use in the future, particularly where his marijuana use continued after he applied for a clearance in October 2003. Clearance denied.


Criminal Conduct; Personal Conduct; Alcohol; Drugs

03/31/2006

Applicant has a record of 12 convictions for various criminal offenses (breach of peace, possession of marijuana, disorderly conduct, habitual offender, assault, failure to appear, operating after suspension, operating under the influence, and cultivation of marijuana) committed between April 1974 and September 2000. He also consumed a case of alcohol per day for about 25 years, and knowingly omitted his marijuana cultivation conviction from his October 2002 security clearance application. With assault charges pending against him as of September 2005, Applicant has failed to demonstrate he possesses the requisite good judgment to hold a clearance. Clearance is denied.


Foreign Influence

03/31/2006

Applicant, a U.S. citizen, is employed by a U.S. government contractor in South Korea. His wife and mother-in-law are citizens and residents of South Korea. Additionally, Applicant's brother-in-law and three sisters-in-law are citizens and residents of South Korea. Applicant failed to mitigate Guideline B security concerns. Clearance is denied.


Financial

03/31/2006

Applicant is unable to successfully explain or mitigate the security concern stemming from her history of financial problems. Clearance is denied.


Financial

03/31/2006

Applicant has a history of delinquent consumer and real estate-related debts that he has substantially failed to address before his recently mounted efforts to contact credit reporting agencies to ascertain the validity of the debts. With the exception of an small mistaken utility debt he identified and several judgment debts (three listed in the SOR) that his attorney satisfied out of redemption proceeds related to his foreclosed home, he is not able to document resolution of any of his remaining debt delinquencies. Reliance on applicable statutes of limitation is not synonymous with the type of individual good-faith payment efforts covered by the Directive and is insufficient to mitigate security concerns arising out of his reported delinquent debts. Clearance is denied.


Criminal Conduct

03/31/2006

Applicant, a 40-year-old employee of a federal contractor, admitted to criminal activity occurring mostly in 1994. Mitigating factors included extreme emotional pressures because of the illness and death of her grandmother (and adoptive mother). There were continuing family illnesses and deaths. As the conduct was not recent and because Applicant has established an exemplary work record over the past three years, she has demonstrated rehabilitation and therefore, successfully mitigated the security concerns over her criminal conduct. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

03/31/2006

From 1988 to 2000, Applicant was charged with five different criminal offenses, two related to the illegal possession of firearms and three to drug-related misconduct. He was convicted twice for drug-related misconduct. In 2002, Applicant submitted a SF 86 in which he deliberately failed to disclose the above information and that he sold drugs for profit. He failed to mitigate the criminal conduct, drug involvement, and personal conduct security concerns. Clearance is denied.


Personal Conduct; Criminal Conduct

03/31/2006

Applicant mitigated the personal and criminal conduct concerns raised by his falsification of information submitted to the government in a recent security clearance application (SF 86) and through a subject interview during his background investigation. Clearance is granted.


Foreign Influence

03/31/2006

Applicant successfully mitigated security concerns relating to his father and several relatives residence in Palestine near Jerusalem and his wife and children's residence there for six years taking care of Applicant's ill mother. Most relatives, including his father, are U.S. citizens with no ties to governmental organization or groups that might sponsor terrorism. Applicant has lived in the U.S. for 30 years and has held a security clearance without any violations for over 20 years. Clearance is granted.


Financial; Criminal Conduct; Drugs; Personal Conduct

03/30/2006

Applicant is a mature individual with a long record of excellent service working for the military and defense contractors. During a period of marital discord, he accumulated significant delinquent debts which he is unwilling and unable to pay. Applicant has a lengthy criminal record related to domestic violence and drug abuse, including nine arrests, multiple convictions, and a probation violation resulting in seven months confinement. He used marijuana from about 1978 to about 2003, and cultivated marijuana for several years. He later falsified his responses to security clearance application questions concerning his criminal history, drug abuse, and financial problems. Applicant failed to mitigate the security concerns arising from his financial difficulties, criminal conduct, drug involvement, or personal conduct. Clearance is denied.


Financial

03/30/2006

Applicant accumulated seven delinquent debts totaling about $34,320. He refuted an allegation of unpaid state taxes. He negotiated a payment plan for delinquent federal income taxes. After he received the Statement of Reasons, he resolved three delinquent debts, but he took no action to resolve three delinquent credit card accounts totaling more than $15,800. The security concern based on financial considerations is not mitigated. Clearance is denied.


Foreign influence; Financial; Personal conduct

03/30/2006

Applicant, a 20 year emigrant from Nigeria with U.S. military service and a U.S. engineering degree, mitigated foreign influence security concern relating to his mother in Nigeria by showing he had not had a close relationship with her since leaving her home 20 years ago and only communicating with her by e-mail a few times a year with the last telephone contact in 2003. He mitigated financial concerns by establishing that debts to three companies were erroneously listed on his credit report and that two child support delinquent debts were being paid. He failed to list the child support payments on his SF 86 because he believed they were not delinquent since they were being regularly paid. This concern is mitigated under the whole person doctrine based on the totality of his life for the past 20 years. Clearance is granted.


Criminal Conduct; Sexual Behavior; Personal Conduct

03/30/2006

Applicant, who is on supervised probation for a felony sexual crime, did not inform his employer of his conviction and sentence. He failed to mitigate security concerns under Guideline J, Criminal Conduct, Guideline D, Sexual Behavior, and Guideline E, Personal Conduct, of the Directive. Clearance is denied.


Financial

03/30/2006

Applicant is a mature individual with a long record of excellent service working for a defense contractor. His financial difficulties arose in part from mismanagement of his finances and in part from circumstances beyond his control. Rather than declaring bankruptcy, Applicant chose to repay his delinquent debts over time. Ultimately, Applicant paid, settled, or arranged a payment plan for all the debts listed in the SOR. I conclude Applicant mitigated the security concerns arising from his financial difficulties. Clearance is granted.


Foreign Influence

03/30/2006

Applicant is a naturalized United States citizen who was born in Ukraine. Concerns were raised because her husband and paternal grandparents are citizens of Russia residing in the United States. In addition, concerns were raised due to the status of her maternal grandmother, brother-in-law, sister-in-law, and step-daughter as citizens of and residing in Russia. Her maternal grandmother has passed away. She has little to no contact with her husband's relatives. All of her immediate relatives reside in the United States. Foreign preference concerns have been mitigated. Clearance is granted.


Foreign Preference; Foreign Influence

03/30/2006

Applicant has not met his burden of presenting evidence of extenuation or mitigation to overcome the strong indicators of foreign preference raised by: (1) his exercise of foreign citizenship with both Israel and South Africa; (2) his possession and use of foreign passports; and (3) his service in the Israeli military. Likewise, he has not met his burden of presenting evidence of extenuation or mitigation to overcome the foreign influence security concern raised by his family ties to Israel. Clearance is denied.


Foreign Influence

03/30/2006

Applicant is one of many Vietnamese who immigrated to the U.S. after the collapse of South Vietnam in 1975. Arriving in the U.S. in 1990 at age 20 with her parents and three of her siblings, Applicant and her family quickly assimilated in their adopted country. Today, Applicant is a 35-year-old college educated woman working as a utility developer for a defense contractor as a U.S. citizen. Her husband, like herself, immigrated to the U.S. in 1994, and also became a U.S. citizen. Both families left behind several family members in Vietnam creating foreign influence concerns. Based on the record evidence as a whole, Applicant has successfully mitigated the security concern of foreign influence based on her family ties to Vietnam. Clearance is granted.


Criminal Conduct; Personal Conduct

03/30/2006

Applicant failed to mitigate criminal conduct and personal conduct allegations relating to criminal conduct from 1989 until 2002 culminating in a charge of assault in a domestic dispute. Applicant failed to report any of the arrests and convictions and an employment discharge on his SF 86. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

03/30/2006

Applicant has been arrested and charged with driving under the influence (DUI) or other alcohol-related offense six times in 20 years. During this same period, he has also been arrested for two drug-related offenses and driving with a revoked driver's license, a misdemeanor. He deliberately omitted most of his arrests when completing his security clearance application. He has not mitigated the government's security concerns regarding his criminal conduct, alcohol consumption, and personal conduct. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

03/30/2006

Applicant used marijuana and cocaine on various occasions from 1987 to March 2002. Applicant used cocaine and marijuana after being granted a security clearance in 1999. Concerns about her illegal drug use have been mitigated by the absence of illegal drug use in over four years and her assurances that she does not intend to use illegal drugs in the future. However, her deliberate pattern of minimizing her drug use on two security clearance applications and in a signed, sworn statement provided during her background investigation is not mitigated and raises security concerns about her judgment and reliability. Security concerns based on personal conduct and criminal conduct are not mitigated. Clearance is denied.


Personal Conduct; Financial

03/30/2006

Board cannot consider new evidence on appeal. The record supports the Administrative Judge's findings that Applicant refused counseling and that there is no record evidence concerning the current status of Applicant's payments under a bankruptcy plan. Given the record evidence, it was not arbitrary and capricious for the Judge to conclude Applicant had not mitigated the security concerns raised by his history of financial difficulties. Adverse decision affirmed.


Outside Activities; Personal Conduct; Foreign Influence

03/30/2006

Applicant successfully mitigated security concerns related to Guideline L, Outside Activities. However, he failed to mitigate security concerns deriving from Guideline E, Personal Conduct and Guideline B, Foreign Influence. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

03/30/2006

The Board cannot consider new evidence on appeal. Applicant has not raised any claim of harmful error by the Administrative Judge. Adverse decision affirmed.


Alcohol; Criminal Conduct; Personal Conduct

03/30/2006

Applicant is 48 years old, has worked as an engineer for the same federal contractor for 25 years, and held a security clearance for most of that time. Applicant has a long history of alcohol abuse. He has been diagnosed twice as alcohol dependent and he has vowed at least twice to never drink again. He has six driving while intoxicated (DWI) arrests and numerous other offenses related to his alcohol consumption. He has abstained from alcohol consumption for periods of time, but resumes drinking. Applicant was advised in writing by his security office that he only had to list his criminal offenses for the past 10 years on his security clearance application. Applicant failed to mitigate the alcohol consumption and criminal conduct security concerns under Guidelines G and J, but has mitigated the personal conduct concerns under Guideline E. Clearance is denied.


Security Violations: Personal Conduct

03/30/2006

Applicant, with several years of experience handling classified information, gave communications security (COMSEC) hardware loaded with material classified secret to an employee at work in June 2001 without verifying this person's clearance or need-to-know. In February 2002, Applicant loaded secret information onto a work computer that had not been approved for the storage of classified information and then sent the file over an unencrypted (unclassified) intranet at work. In May 2002, Applicant failed to properly document the receipt of a classified fax before shredding it in an unapproved shredder. His pattern of gross negligence in the handling of classified information is not mitigated where he continues to make excuses for his noncompliance with security regulations. Clearance is denied.


Financial

03/29/2006

Applicant is 33 years old and works as a network engineer for a federal contractor. From the mid-1990's to the present, he accumulated a significant amount of delinquent debt that remains unpaid and unresolved. Although he submitted a repayment schedule for some of the debts, to-date, he has not provided any evidence indicating that he has made a payment or established a consistent program to attain financial stability. He failed to mitigate the security concerns raised by his financial problems. Clearance is denied.


Criminal Conduct; Personal Conduct

03/29/2006

Applicant is 36 years old and has worked as an network designer for a federal contractor since July 2003. Prior to this position he was on active military duty overseas for a number of years. After leaving the military service, he worked for the federal government and other federal contractors. In 2002, he was convicted of a misdemeanor, and in 2003 he was charged with three minor offenses, all of which were dismissed. When he filled out his security clearance application in 2003, he did not disclose the misdemeanor conviction or the three charges. He mitigated the security concerns raised by his criminal history and personal conduct. Clearance is granted.


Foreign Influence; Financial

03/29/2006

Applicant is an interpreter/translator fluent in Arabic, Hungarian, and Spanish. He maintains close ties with his father, two brothers, and five sisters who are citizens of Sudan and permanent residents of the United Arab Emirates. He has strong ties to the U.S. as well; he has been a U.S. citizen since 1996, his wife is a U.S. citizen, his mother is a permanent resident of the U.S., and all his business and financial holdings are in this country. When his mother became seriously ill, Applicant fell behind in his financial obligations trying to pay her medical bills and provide care. However, he resolved his debts through bankruptcy and a current repayment plan, and is now financially sound. Applicant mitigated the security concerns relating to possible foreign influence and financial considerations. Clearance is granted.


Foreign Influence

03/29/2006

The Administrative Judge did not articulate a rational basis for applying Foreign Influence Mitigating Condition 1 to the facts and circumstances of Applicant's case. The Judge failed to articulate a rational basis for his favorable conclusions under Guideline B. Favorable decision reversed.


Financial; Personal Conduct; Criminal Conduct

03/29/2006

The Board may not consider new evidence on appeal. Although Applicant strongly disagrees with the Administrative Judge's conclusions about his history of financial difficulties, Applicant has not established those conclusions are arbitrary, capricious, or contrary to law. Considering the record as a whole, the Judge's material findings and conclusions about Applicant's history of indebtedness are sustainable. The Judge's finding of falsification is sustainable. It was permissible for the Judge to find Applicant engaged in criminal conduct even though Applicant had not been formally charged with a criminal offense. Adverse decision affirmed.


Foreign Influence

03/29/2006

The Board cannot consider in a vacuum, without reference to a properly developed record, whether a document that was objected to was properly noticed by an Administrative Judge. Case remanded with instructions.


Financial

03/28/2006

Applicant incurred more than $85,000.00 in debt as a result of overspending and poor financial management. His debts were twice discharged by the bankruptcy court in 1996 and again in 2003. Yet, he again incurred debt, some of which is currently delinquent and not resolved. He has not mitigated or overcome the government's concerns regarding his security eligibility and suitability based on financial considerations. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

03/28/2006

Applicant was arrested four times between 1996 and 2002. Three of the arrests were for alcohol or drug-related offenses. She also deliberately falsified answers to her security clearance application (SF 86) and statements to a government investigator. Applicant failed to mitigate the resulting security concerns about her criminal conduct, alcohol consumption, and personal conduct. Clearance is denied.


Foreign Influence; Personal Conduct

03/28/2006

Applicant has numerous relatives who are citizens and residents of Iraq. In December 2004, while serving as an interpreter for the U.S. Army in Iraq, Applicant disobeyed a directive from his employer that prohibited him from leaving a secure military facility. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

03/28/2006

Between 1970 and 1992, Applicant was arrested and charged with six alcohol-related criminal offenses, including three arrests for Driving Under the Influence (DUI), an arrest for affray (fighting) and two felony arrests for aggravated assault or aggravated battery. Following his conviction for aggravated battery with a firearm, he served 3 years and 7 months in jail, which disqualifies him for a clearance under 10 U.S.C. § 986. He continued to drink and drive after his last arrest in 1992. He deliberately failed to disclose all his alcohol-related offenses when he completed his security clearance application in May 2002. He has not mitigated the government's security concerns regarding his alcohol consumption, criminal conduct, and personal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/28/2006

Applicant is 30 years old, married with four children, and has worked as a commercial truck driver for a federal employer since 2003. Applicant had over $20,000 in delinquent debt, dating as far back as 1999, that he only recently started paying off. He has decreased his debt to approximately $10,000. Applicant let most of his debt lay dormant for years until his security clearance application became an issue. Applicant deliberately failed to list any of his debts on his security clearance application. Applicant failed to mitigate the security concerns regarding Guideline F, financial considerations, Guideline E, personal conduct, and Guideline J, criminal conduct. Clearance is denied.


Personal Conduct; Alcohol

03/28/2006

Applicant had two alcohol-related driving offenses over a ten-year period. He continues to drink alcohol on a moderate basis. He did not disclose the fact that he left his previous place of employment under unfavorable circumstances in response to question 20 of his security clearance application. He has mitigated the concerns raised by his alcohol consumption and but concerns about his lack of candor on his security clearance application remain. Clearance is denied.


Financial

03/28/2006

Applicant had two debts totaling more than $29,000 placed for collection. Between February 2004 and November 2005, he made less than $500 in payment on these debts. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from Applicant's delinquent debts. Clearance is denied.


Financial

03/28/2006

Applicant had difficulty meeting her expenses over the past several years due to being the sole provider for four people. Her financial situation has improved. Her husband now has full-time employment and their monthly income has doubled. She has resolved or entered into payment plans with all her delinquent creditors, with the exception of one account which she intends to resolve in the near future. She has made a good-faith effort to repay overdue creditors or otherwise resolve debts. Clearance is granted.


Foreign Influence; Personal Conduct; Financial

03/28/2006

Applicant has severely delinquent credit card debt he failed to disclose in a security clearance application he submitted. He has numerous relatives who are citizens and residents of Saudi Arabia and Romania who create a potential foreign influence security concern. Clearance is denied.


Financial

03/28/2006

Applicant's efforts to improve his financial situation since the date of the hearing constitute new evidence, which the Board cannot consider. Applicant has not demonstrated the Administrative Judge erred in his conclusions about Applicant's history of delinquent indebtedness. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/28/2006

There is sufficient record evidence to support the Administrative Judge's finding of falsification. Given the record evidence, the Judge did not err by not applying Personal Conduct Mitigating Condition 4 to Applicant's falsification. It was arbitrary, capricious, and contrary to law for the Judge to refuse to consider certain record evidence based on his posthearing ruling that Department Counsel's request for a hearing was late. The Judge's erroneous ruling does not warrant remand or reversal under the particular circumstances of this case. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/28/2006

Applicant mitigated the criminal conduct and personal conduct concerns raised by information in his background investigation. Applicant's difficulties adjusting to civilian life after he left the military lead to four arrests for petty larceny and passing bad checks between 1994 and 1996. He has since resolved several personal issues and presented clear evidence of rehabilitation. Omissions and inaccuracies in his security clearance application (SF 86) did not constitute deliberate attempts to deceive or mislead the government about his background. Clearance is granted.


Security Violations

03/28/2006

Applicant's three security violations between December 2001 and July 17, 2002 are aggravated by the fact they constitute a pattern of adverse conduct that is not isolated. Though the first security violation is extenuated by the lack of an adequate security briefing, the other two incidents are not assuaged by any of the mitigating conditions. Applicant was found not to be culpable for the last violation, but she admitted she was the last person in the secured area. The lack of security violations since July 2002 weighs in Applicant's favor but does not satisfy her ultimate burden of persuasion under the security violations guideline. Clearance is denied.


Drugs

03/27/2006

Applicant used marijuana approximately 300 times, mainly when he was in college. His usage continued after college, with his last use occurring in January 2005. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his illegal drug usage. Clearance is denied.


Foreign Preference; Foreign Influence

03/27/2006

Applicant was born in New Zealand. Before emigrating to the U.S., he completed an apprenticeship in a naval dockyard and obtained a master's degree from a New Zealand university. In the U.S., he accepted invitations to social events at the New Zealand embassy. He retained an active foreign passport after becoming a U.S. citizen, but he has surrendered it to the appropriate authority. His mother and five siblings are citizens and residents of New Zealand, but none of them are connected to the government, defense-related industries, or businesses involved in economic espionage. Security concerns based on foreign preference and foreign influence are mitigated. Clearance is granted.


Criminal Conduct; Sexual Behavior; Personal Conduct

03/27/2006

Applicant was convicted of sexually abusing his three stepdaughters in 1994, and served three years in prison. He has failed to mitigate the security concerns his sexual behavior, criminal conduct, and personal conduct have created. Clearance is denied.


Foreign Preference, Foreign Influence

03/27/2006

Applicant was born in the Lebanon Republic (Lebanon) in 1961. He became a United States (U.S.) citizen in 1993, and continues to reside in the U. S. After becoming a U.S. citizen, he continued to maintain his Lebanese citizenship. He voted in a Lebanese national election. His father, mother and five siblings are citizens and residents of Lebanon. Security concerns arising from possible foreign preference and foreign influence are not mitigated. Clearance is denied.


Financial

03/27/2006

Applicant owes more than $18,000 in delinquent debts. She has neither initiated a good-faith effort to repay her delinquent debts, nor otherwise resolve the debt. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from her delinquent debts. Clearance is denied.


Financial

03/27/2006

Applicant is 36 years old and has worked as a computer operator for a federal contractor since 2003. From 1997 to 2005, he has accumulated a significant amount of delinquent debt. Applicant recently made payments on one of his credit card debts, however, all of the debts remain unpaid or unresolved. At this time he has not established a consistent record of financial responsibility, and therefore, he has failed to mitigate the security concerns raised by his financial problems. Clearance is denied.


Financial

03/27/2006

Applicant experienced severe financial difficulties caused by the dissolution of a long-term relationship and the need to care for her children. She accumulated delinquent debt totaling more than $28,000.00. Since then, she has been unable to pay or resolve these debts, and has no plan to do so in the future. Applicant failed to mitigate the security concerns arising from her financial difficulties. Clearance is denied.


Alcohol; Personal Conduct

03/27/2006

In a period of six months, Applicant was arrested and charged with driving while intoxicated, disciplined twice by the United States Army for alcohol-related conduct, and was discharged from the Army for failing to complete an alcohol and substance abuse program. He continues to drink. He did not intentionally falsify his answers regarding his alcohol counseling on his security clearance application. He has mitigated the government's concerns regarding his personal conduct, but did not mitigate the government's security concerns regarding his alcohol consumption. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

03/27/2006

Applicant has a history of criminal offenses, most of which were alcohol-related. He was convicted of driving while impaired in 2002, after he had been diagnosed with alcohol dependence in 2000. Applicant falsified his security clearance application by deliberately failing to acknowledge the 2002 conviction and alcohol-related treatment and counseling. Clearance is denied.


Personal Conduct

03/27/2006

Applicant was discharged from the U.S. Air Force in 1997 for a pattern of misconduct. Applicant reported his discharge on his security clearance application, but not the exact details of a nonjudicial punishment he received. Applicant's statement to a security investigator was not totally accurate. Applicant mitigated the personal conduct security concerns. Clearance is granted.


Personal Conduct

03/24/2006

The record evidence supports the Administrative Judge's finding that Applicant falsified a security clearance application. Even in the absence of a security violation, the government can deny or revoke access to classified information based on other grounds that raise security concerns. Adverse decision affirmed.


Personal Conduct; Drugs

03/23/2006

Applicant admitted using marijuana three or four times a year for seven to ten years. He intentionally did not disclose his marijuana use and a bankruptcy on his security clearance application (SF 86). Security concerns based on personal conduct and drug involvement are not mitigated. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

03/23/2006

Applicant has a history of use of illegal substances (primarily marijuana) that he repeatedly omitted when executing security clearance applications in 1990 and 2003 and first talking with a DSS agent in July 2004. While Applicant's recurrent use of illegal substances is relatively small and mitigated by the passage of time, his repeated omissions of his illegal drug use were both knowing and intentional and material to his background investigations and are not mitigated under any of the pertinent mitigation conditions of Guideline E. By contrast, the criminal conduct implications of his omissions are mitigated under whole personal rehabilitation considerations. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

03/23/2006

Applicant has a history of criminal conduct. He failed to fully disclose the circumstances of his being fired from a job in 2001 and the related criminal conduct in a security clearance application he submitted in 2002 and in a statement he provided in 2003. Clearance is denied.


Criminal Conduct; Personal Conduct

03/23/2006

There is sufficient record evidence to support the Administrative Judge's finding that Applicant willfully failed to file his federal tax returns for several years. There is sufficient record evidence to support the Judge's finding that Applicant provided false and misleading information in a written statement he gave to an investigator. The Board cannot consider new evidence on appeal. Even in the absence of any security violation, the government can deny or revoke access to classified information based on other grounds that raises security concerns. Adverse decision affirmed.


Foreign Influence; Outside Activities

03/23/2006

Applicant came to the United States from India in 1964 to better his education. He stayed and worked for a corporation in the United States. He has been a United States citizen since 1981. His wife and children are also United States citizens. He saw an opportunity to improve his life, and left the corporation to form his own business which was successful. The business opened an India subsidiary for business reasons which joined organizations in India to improve software development. He has a brother, sister, and in-laws who are residents and citizens of India. He has mitigated security concerns for his family and business activities in India. Clearance is granted.


Financial

03/22/2006

Applicant is 29 years old and has worked as an information technology customer service representative for a federal contractor since 2003. Applicant served in the Marine Corps and a few months before he was honorably discharged he and his wife divorced. In addition to paying child support for his son, he was required to pay alimony for 30 months. After leaving the service he found himself severely underemployed and responsible for most of the marital debts. Applicant has recently started to make some payments on some of his debts, however he does not have a consistent record for being financially responsible and therefore he has failed to mitigate the security concerns under Guideline F regarding financial considerations. Clearance is denied.


Financial

03/22/2006

From the mid-1980s until 2005, Applicant incurred significant debt while self employed. In 1995, the Internal Revenue Service filed a tax lien for unpaid taxes. With interest and penalties, this lien totals more than $26,000. In 2004, the state filed a lien for unpaid taxes in the amount of $4900. In December 2005, a United States Bankruptcy Court discharged all his debts, except the approximately $31,000 in tax liens, which remain unpaid. He has not made any effort to pay these liens nor has he developed a repayment plan. He has not mitigated or overcome the government's security concerns based on financial considerations. Clearance is denied.


Foreign Influence; Personal Conduct

03/22/2006

Applicant was employed in Saudi Arabia by a company owned by a Saudi Arabian Prince from 1987 until 1998. He also worked for a month on a yacht owned by the Prince in March 1999. While in the Prince's employ, Applicant arranged for electronic equipment to be brought into Saudi Arabia aboard the Prince's airliner with full knowledge and occasionally at the behest of the United States Embassy in Saudi Arabia. Clearance is granted.


Financial; Personal

03/22/2006

Applicant is 50 years old and presently works as an environmental engineer for a federal contractor. Prior to this position, he worked for another federal contractor from 1984 through 1999. Sometime in 1997, members of his family became sick and he helped with their medical care and finances. By the end of 1999, he began suffering from stress-related illnesses, which resulted in the accumulation of significant medical bills over the next two years. In 2000, he filed a petition for bankruptcy that was re-filed in 2001. When he filled out his security clearance application in 2003, he did not disclose the first petition or his delinquent debts. All of the debts have been resolved. He mitigated the security concerns raised by his financial issues and personal conduct. Clearance is granted.


Drugs; Alcohol; Criminal Conduct; Personal Conduct

03/22/2006

Applicant failed to disclose her use of drugs as required in a SF 86 she submitted in 2003, and minimized her alcohol/drug involvement during background interviews and at her hearing. She used illegal drugs and alcohol for at least 20 years and was diagnosed as alcohol and drug dependent. Although recovering since 2000, she failed to show she continues her aftercare rehabilitative counseling and that recurrence is not likely. She failed to mitigate the security concerns about her drug use, alcohol abuse, personal conduct, and criminal conduct. Clearance is denied.


Foreign Influence; Foreign Preference

03/22/2006

Applicant was born and raised in Germany, but has lived and worked in the U.S. since 1987. He became a naturalized U.S. citizen in 2002. The vast majority of his interests are in the U.S., and his foreign ties do not make him vulnerable to coercion. Further, he has acted to renounce his foreign citizenship and relinquish his passport. Applicant has mitigated the security concerns about possible foreign preference and foreign influence. Clearance is granted.


Foreign Influence

03/22/2006

Applicant is a 47-year-old U.S.-born citizen, who is a program manager for a defense contractor. In 1999, he married a Vietnamese woman introduced to him by an ethnic Vietnamese co-worker. Since immigrating to the U.S., Applicant's wife has assimilated well and became a U.S. citizen in 2004. As a result of this marriage, Applicant has five in-laws in Vietnam creating a foreign influence concern. Based on the totality of circumstances and the record evidence as a whole, Applicant has successfully mitigated the security concern of foreign influence based on his limited family ties to Vietnam. Clearance is granted.


Financial

03/21/2006

Applicant is a 42-year-old employee of a defense contractor. She has eleven delinquent debts with a total approximate balance of $10,645.00 over a six-year period. She has not received financial counseling or addressed her debt through a consolidation loan payment program. Moreover, she has made no effort to pay her longstanding debts. Applicant has not mitigated the security concerns arising from her financial difficulties. Clearance is denied.


Financial

03/21/2006

Applicant incurred significant debt as a result of unemployment, health issues, landlord/tenant issues, and divorce. More recently, her salary and available income have improved. She has always timely paid her mortgage, rent, car payments, and utilities. She is current on her new credit card debts, and has retained a debt management company to assist with resolving her past outstanding financial obligations. She, however, has not made any payments on her old debt. She has not mitigated or overcome the government's concerns regarding her security eligibility and suitability based on financial considerations. Clearance is denied.


Financial; Personal Conduct

03/21/2006

Although Applicant promised in 2002 to resolve his debts, he only resolved some of them and developed no plan to pay or resolve the majority of the delinquent debts reported on his credit reports. While he disputed or questioned several debts, he did not provide any evidence to support a contention that he does not owe these creditors where the debts are documented in credit reports. Further, he did not show he had challenged the accuracy of these credit reporting agencies on any of these questioned debts. Under the circumstances, Applicant failed to initiate a good-faith effort to resolve this indebtedness. Also, he deliberately falsified his answers on his 2001security clearance application by failing to disclose all these financial issues. Clearance is denied.


Financial

03/20/2006

In 2001, at age 20, Applicant was convicted of assault and battery (misdemeanor). In 2003, she was convicted of shoplifting (misdemeanor). She no longer associates with her shoplifting friends and has dedicated herself to caring for her two children and being responsible at work. She disclosed her convictions on her SF 86, and candidly discussed her misconduct at the hearing. Applicant's behavioral changes, maturity, and demeanor are indicative of her successful rehabilitation. She has mitigated the criminal conduct security concerns. Clearance is granted.


Personal Conduct

03/20/2006

Applicant is a 24-year-old employee of a defense contractor. Applicant disclosed on her Questionnaire for Public Trust Positions in June 2004 that she was terminated from former employment for theft in April 2004. She is making restitution in the amount of $12,000.00. She has not mitigated the concerns under the Personal Conduct Guideline. Eligibility for an ADP I/II position is denied.


Financial

03/20/2006

Applicant has a short history of financial delinquencies. Her financial problems were, to a large extent, the result of changing jobs, the financial difficulties of her husband's business, and three months of little or no earnings due to maternity leave. Applicant mitigated the financial considerations security concerns by taking control of her finances and initiating good-faith efforts to repay creditors or otherwise resolve her debts. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

03/20/2006

In 1995, Applicant incurred hundreds of thousands of dollars in medical bills. Her debts were discharged in bankruptcy in 1999. In 2001, she lost her job, and shortly thereafter incurred $11,000.00 in new medical bills. Her husband became disabled, and is still unable to work. Following their relocation in 2003, she found better employment. She is slowly working to pay her debt. The criminal charge against her was the result of falsification, and the warrant a result of miscommunication. She did not intentionally falsify her answers regarding her debt when she completed her security clearance application. She has mitigated the government's concerns regarding her debt and finances, her past criminal conduct, and personal conduct. Clearance is granted.


Foreign Influence

03/20/2006

Applicant mitigated foreign influence security concerns involving his family living in Taiwan by application of the whole person analysis. He has lived in the U.S. almost 30 years with a U.S. education and 25 years of employment with major U.S. companies. He has five brothers living in Taiwan, all of whom have U.S. connections either through their own education in the U.S., education of their children, or business contacts in their work. His mother holds a green card and lives in the U.S. half of the time with a sister who is a U.S. citizen. Clearance is granted.


Drugs

03/20/2006

Applicant is a 28-year-old systems analyst for a defense contractor. While in high school and college, and shortly thereafter, Applicant abused illegal drugs, including marijuana, cocaine, and LSD. On one occasion in about March 1998, Applicant's wrongful use of marijuana resulted in a criminal charge for possession of drug abuse paraphernalia. He completed a drug education course and abstained for about one year, but resumed using illegal drugs. Applicant smoked marijuana once after submitting his security clearance application. Since then, he has remained drug-free and has excelled at his job. Although Applicant shows promise, at this time he has failed to mitigate the security concerns arising from his long history of drug involvement. Clearance is denied.


Financial; Personal Conduct

03/20/2006

Applicant's past financial problems raise security concerns because of her delay in resolving her debts. While she has now demonstrated she has made a good-faith effort to resolve several of her long-standing debts, even more debts remain outstanding. She presented no plan as to when she might address them even though she has sufficient income. She never sought counseling to resolve the debts though she promised to do so in 2004. Thus, she has failed to demonstrated that she has sufficiently reformed her financial practices. However, she mitigated security concerns over her personal conduct because she had special circumstances and had no intent to falsify. Clearance is denied.


Security Violations; Information Technology; Sexual Behavior; Personal Conduct; Foreign Influence

03/20/2006

Applicant is 44 years old and has worked as a computer specialist for a federal contractor since 1987. From 1998 to 2004, he used his company's internet to access various foreign website to meet women with whom he later engaged in extramarital relationships. In 2003, he was disciplined for failing to secure two hard drives after removing them from an employee's computer. He failed to mitigate the security concerns raised by his security violations, misuse of information technology systems, sexual behavior, personal conduct, and foreign influence. Clearance is denied.


Financial

03/20/2006

Applicant is 47 years old and has worked as a heavy equipment operator for a federal contractor since 2002. He incurred a heavy state tax debt in 1998 that he was unaware of until 2004, because he had left the state. During the same period of time he was involved in a motorcycle accident and incurred injuries. The insurance company was slow in paying the medical bills which caused some of his medical debts to become delinquent. Applicant had his debts discharged in bankruptcy and resolved his tax liability. He made a good faith effort to pay those bills he could and get his financial health back on track. Applicant has successfully mitigated the security concerns regarding his financial considerations under Guideline F. Clearance is granted.


Personal Conduct; Criminal Conduct

03/20/2006

The Administrative Judge's finding that Applicant falsified a written statement by omitting material facts is sustainable in light of the record evidence as a whole. Applicant has not shown that the Judge erred by not applying Personal Conduct Mitigating Conditions 2 and 4. Applicant has not shown the Judge erred by concluding Applicant's conduct was not mitigated under Guideline J. Adverse decision affirmed.


Foreign Preference; Foreign Influence

03/20/2006

Applicant is a 48-year-old aerospace engineer who has worked for the same federal contractor since 1998. He is a dual citizen of Germany and the United States. He held a German passport since approximately 1985, but relinquished it recently to the German Consulate. Applicant has property and investment interests in Germany. Applicant failed to mitigate the security concerns under Guidelines C and B. Clearance is denied.


Financial

03/20/2006

Applicant's financial problems and inability to pay his debts totaling $10,000.00 resulted in a Chapter 7 bankruptcy in 1992. In 2000, Applicant co-signed a car loan for his son in the amount of $12,000.00. Applicant's son never made any payments on the car and totaled the vehicle. Applicant has not paid


Personal Conduct; Criminal Conduct

03/20/2006

Having found that Applicant deliberately falsified a security clearance application, the Administrative Judge failed to articulate a rational basis for why he concluded Applicant had mitigated that falsification. The Judge's favorable conclusions run contrary to his rejection of Applicant's denial of any intent to falsify the security clearance application. Favorable decision reversed.


Personal Conduct

03/20/2006

Applicant is a 38-year-old security guard who has been employed by a defense contractor since 2001. Applicant answered "No" to Question 20 on his security clearance application questioning if he had ever been terminated from employment under unfavorable circumstances. Applicant had been terminated for threatening a supervisor. He later admitted this termination, but then proceeded to contradict himself in his statements and answer to the SOR. Applicant has failed to mitigate the security concerns regarding his personal conduct. Clearance is denied.


Personal Conduct

03/20/2006

Applicant is a 38-year-old security guard who has been employed by a defense contractor since 2001. Applicant answered "No" to Question 20 on his security clearance application questioning if he had ever been terminated from employment under unfavorable circumstances. Applicant had been terminated for threatening a supervisor. He later admitted this termination, but then proceeded to contradict himself in his statements and answer to the SOR. Applicant has failed to mitigate the security concerns regarding his personal conduct. Clearance is denied.


Personal Conduct; Criminal Conduct

03/16/2006

The Administrative Judge's findings of fact about Applicant's marijuana use and falsification of a security clearance application are supported by the record evidence. The adverse conclusions drawn by the Judge from his findings of fact are sustainable. Adverse decision affirmed.


Alcohol

03/16/2006

Considering the record as a whole, the Administrative Judge's findings of fact and conclusions about Applicant's alcohol consumption are sustainable. Adverse decision affirmed.


Criminal Conduct

03/16/2006

Applicant has a lengthy history of criminal activity between 1985 and 1994. He mitigated security concerns raised by his criminal conduct. Clearance is granted.


Alcohol; Personal Conduct

03/16/2006

Applicant's consumption of alcohol led to his arrest for minor in possession of alcohol in 1995, disorderly conduct in 1998, public drinking in 1999, and driving under the influence in 2002. Over the three years since the DUI, he has demonstrated maturity in fulfilling his obligations as an employee for a defense contractor and as a provider for his fiancee and their two-year-old daughter. While he continues to drink beer on occasion, he does so responsibly and exhibits no signs of an alcohol problem. Alcohol consumption concerns are mitigated. Applicant's failure to comply with his legal obligation to register for the Selective Service was unintentional. Clearance is granted.


Information Technology; Personal Conduct

03/16/2006

Applicant mitigated one allegation of misuse of information technology concerning use of his defense contractor employer's computer to access sexually explicit materials on the internet in 2003. The offense resulted in his discharge after 13 years of employment. He is now employed by another defense contractor. He was under pressure caused by raising two children with a mentally ill wife from whom he divorced in 2005. Psychiatric testimony supported his defense and concluded that there was no evidence the conduct would be repeated and that he suffered from no psychiatric disability. Clearance is granted.


Alcohol

03/16/2006

Applicant was arrested for driving under the influence (DUI) three times, the last in August 2003. He voluntarily and successfully completed a four-month inpatient rehabilitation program followed by a six-month aftercare program. He attends Alcoholics Anonymous (AA) meetings regularly, has not consumed alcohol since August 2003, avoids alcohol-focused social events, and received a favorable prognosis from a credentialed medical professional. He has mitigated security concerns based on alcohol consumption. Clearance is granted.


Criminal Conduct; Financial

03/16/2006

Applicant has not demonstrated that the Administrative Judge erred by concluding Applicant had not presented evidence sufficient to mitigate the security concerns raised by his overall history of financial difficulties. Decisions by Hearing Office Judges in other cases are not legally binding precedent on other Hearing Office Judges or the Board. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/15/2006

Applicant received a security clearance in June 1996, while in the U.S. Navy Reserve. In 1997 his clearance was suspended, and he was administratively discharged from the Navy Reserve for using marijuana. He did not disclose the suspension of his clearance on a federal employment application, and he did not disclose his marijuana use on two security clearance applications (SF 86). He resigned from a federal job in lieu of termination after falsifying a request for military leave. Security concerns based on personal conduct and criminal conduct are not mitigated. Clearance is denied.


Financial; Personal Conduct

03/15/2006

Applicant has not made an allegation of harmful error. Adverse decision affirmed.


Personal Conduct

03/15/2006

The Administrative Judge's unfavorable conclusions about Applicant's security eligibility follow rationally from his findings of fact about Applicant's 2001 termination by a private employer and Applicant's description of that termination on a security clearance application. Adverse decision affirmed.


Alcohol

03/14/2006

Applicant has a history of excessive alcohol consumption and was arrested for driving under the influence (DUI) in September 2002. She was discharged from an alcohol abuse treatment program as "non-compliant" in March 2003. She successfully completed a second program in October 2003, and she voluntarily returned for further treatment from September 2005 to January 2006. She has abstained from alcohol since September 2005. She is under stress from changes in her personal life. She is not participating regularly in Alcoholics Anonymous (AA) or found an AA sponsor, because she has not yet found an AA group where she is comfortable. She has not mitigated the security concern based on alcohol consumption. Clearance is denied.


Financial; Personal Conduct

03/09/2006

Applicant's appeal brief contains no assertion of error by the Administrative Judge. Applicant's brief contains statements that constitute new evidence, which the Board cannot consider. Adverse decision affirmed.


Alcohol, Criminal Conduct, Personal Conduct

03/09/2006

Between 1978 and 1999, Applicant has been arrested and charged with Driving Under the Influence (DUI) seven times. He was also arrested in 1996 for domestic violence, which was dismissed by the court. He continues to consume significant quantities of alcohol on a daily basis. He has not mitigated the government's security concerns regarding his alcohol consumption, criminal conduct, and personal conduct. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

03/09/2006

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 has not shown that it was arbitrary or capricious for the Judge to conclude he had not present evidence that was sufficient to mitigate the security concerns raised by his history of financial difficulties. The Judge's finding of falsification is sustainable in light of the record evidence as a whole. Applicant's history of financial difficulties and his falsification of a security clearance application provide a sufficient rational basis for the Judge's decision. Adverse decision affirmed.


Foreign Influence

03/08/2006

Applicant failed to mitigate security concerns arising from his familial ties to citizens and residents of India and the Russia Federation. Clearance is denied.


Criminal Conduct; Personal Conduct

03/08/2006

The Administrative Judge's findings and conclusions are not supported by the record evidence as a whole. The Judge's decision reflects a piecemeal analysis of Applicant's conduct, and fails to consider the totality of Applicant's conduct. It was arbitrary, capricious and contrary to the Directive for the Judge to allow Applicant to avoid giving full, frank, and truthful answers to relevant and material questions posed by Department Counsel. Favorable decision reversed.


Foreign Influence

03/08/2006

An applicant is responsible for presenting witnesses and other evidence to rebut, explain, extenuate or mitigate facts admitted by the applicant or proven by Department Counsel. The Administrative Judge reasonably concluded that Applicant's family situation raised security concerns under Guideline B. An employee of a foreign government need not be employed at a high level or in a position involving intelligence, military, or other national security duties to be an agent of a foreign power for purposes of construing Foreign Influence Mitigating Condition 1. The decision below reflects an evaluation of Applicant case consistent with the whole person concept. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/08/2006

Applicant was convicted in 1996 burglary from an auto, felony, and given a deferred conviction and sentence pending completion of probation, community service, and payment of fees and restitution. State law provided, after completion of the sentence for the particular crime, he was not deemed to have been "convicted." Confusion of his counsel and a change in policy of the district attorney's office led him to conclude that the record had been expunged but it had not. He failed to report the events at Question 21 on his SF 86 in 2002 and on an application for private employment in 2000. Failure to report was not deliberate. The security concern is mitigated by passage of time, lack of intent to falsify, and the whole person analysis. Clearance is granted.


Alcohol; Personal Conduct

03/07/2006

Applicant has a history of alcohol-related arrests. From October 2003 to February 2004, he was treated for a condition diagnosed as alcohol abuse. Applicant failed to list two alcohol-related charges on the personnel security clearance form (SF-86) he completed and signed in April 2003. Applicant failed to mitigate security concerns under Guidelines G and E of the Directive. Clearance is denied.


Criminal Conduct; Financial

03/07/2006

Applicant's history of not meeting financial obligations has been mitigated by his successful efforts in repaying eight of 11 creditors since February 2004. The fact that Applicant's former wife did not mail his state tax returns as promised for the tax years 1993 through 1996 does not excuse his criminal acts of omission. However, the isolated nature of his conduct and the remedial steps taken in filing/paying his taxes, and most of the other overdue debts support my conclusion Applicant will continue to satisfy the remaining, overdue debts, and is not likely repeat this conduct in the future. Clearance is granted.


Alcohol

03/07/2006

Applicant had two alcohol-related incidents away from work-one in 1998 and one in 2003. Since then, Applicant made positive changes supportive of sobriety. He has not had any alcohol-related incidents either at or away from work. He is married with two children, works full-time, and attends college full-time. He drinks only in moderation, and never before driving. Applicant mitigated the security concerns arising from his history of excessive alcohol consumption. Clearance is granted.


Security Violations; Personal Conduct

03/07/2006

Applicant was cited for three security violations, one in 1996, and two in 2000. When balanced against the actions he has taken in response to those violations and his lengthy military and civilian careers during which he held a clearance without other incidents, the security concerns about his violations and personal conduct are mitigated. Clearance is granted.


Sexual Behavior; Criminal Conduct

03/07/2006

Given the Administrative Judge's findings of fact about Applicant's sexual misconduct with a 14-year-old niece, the Judge did not err by denying Applicant a security clearance. Adverse decision affirmed.


Foreign Preference; Foreign Influence

03/07/2006

Applicant has not demonstrated that it was arbitrary or capricious for the Administrative Judge to decide that Foreign Influence Mitigating Condition 1 and Foreign Influence Mitigating Condition 3 were not applicable. Board does not have supervisory jurisdiction over Hearing Office Judges. There is no meaningful and practical way for the Board to decide whether an applicant in a current appeal was prejudiced in his case in any measurable way by a Judge's inconsistent decisions over time. An SOR is not held to the strict standards of a criminal indictment. The Judge did not err by considering record evidence of contacts Applicant had with various South Korean individuals not alleged in the SOR. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

03/06/2006

Applicant failed to mitigate security concerns raised by (1) his criminal conduct in assaulting his son and (2) his personal conduct in deliberately falsifying his security clearance application by failing to list one of his arrests. Clearance is denied.


Misuse of Information Technology Systems; Personal Conduct

03/06/2006

The Administrative Judge considered the record evidence, including Applicant's credibility and demeanor, and also considered Applicant's circumstances under the whole person concept. The Judge's credibility determination is sustainable based on the record evidence. Adverse decision affirmed.


Financial; Criminal Conduct

03/06/2006

Applicant knowingly and deliberately refused to file federal income tax returns between 1992 and 1996, or to pay his taxes, in violation of federal law. He persisted in his refusal until jailed for contempt of court by a federal judge in 1997. Applicant filed his tax returns properly since then. He has been unable to make payments toward the resulting $17,816.00 tax delinquency, although the Internal Revenue Service has reduced the debt by seizing other funds. Applicant failed to mitigate the security concerns arising from his financial difficulties and history of criminal conduct. Clearance is denied.


Financial: Personal Conduct, Criminal Conduct

03/03/2006

Applicant is 45 years old and has worked for a federal contractor since June 2004. In 2002, Applicant changed jobs, was paid significantly less than he had been making and experienced financial difficulties. During this time he also lived beyond his means. Applicant has been consistently employed since then and has more than $51,000 in delinquent debt that he has not made any attempt to pay in the past four years. Applicant was embarrassed and intentionally did not list all of his debts on his SF 85. Later on, despite having an opportunity to correct his application, he reaffirmed his falsification. Applicant failed to mitigate the trustworthiness concerns under Guidelines F, financial considerations, Guideline E, personal conduct, and Guideline J, criminal conduct. Applicant's eligibility for assignment to a sensitive position is denied.


Alcohol

03/03/2006

Applicant has a long history of excessive consumption of alcohol, resulting in hospitalization for detoxification in August 1994, July 2002, March 2003, July 2003, and the Spring of 2004, and a conviction for Driving Under the Influence of Alcohol in 2000. Applicant was diagnosed as alcohol dependent and obtained treatment on several occasions, but later resumed drinking alcohol to excess. He has been abstinent for over one year, and is dedicated to living alcohol-free hereafter. Applicant failed to mitigate the security concerns arising from his alcohol consumption. Clearance is denied.


Foreign Influence

03/03/2006

Applicant worked for a defense contractor in a position of trust and successfully held a security clearance for over 30 years. He presently lives with his fiancée, a Cuban citizen who is a permanent resident of the U.S. She maintains close ties with her immediate family members who are citizens and residents of Cuba. Applicant has not mitigated the security concerns relating to possible foreign influence. Clearance is denied.


Foreign Influence; Foreign Preference

03/03/2006

Applicant mitigated security concerns over foreign influence concerns over her brothers, in-laws, and friends who are citizens of and reside in Russia. Applicant has limited contact with them. Her son is a Russian citizen but is a permanent resident of the U.S. Applicant assures that she would contact appropriate U.S. officials if any pressure were attempted is credible given her long history at work since 1997 and her strong ties to the U.S. She has similarly mitigated foreign preference concerns as she renounced her Russian citizenship in October 2005 and returned her foreign passport to the consulate. Clearance is granted.


Alcohol

03/03/2006

Applicant has a history of excessive consumption of alcohol, resulting in three alcohol-related incidents between 1982 and 1994. Since then, Applicant has not had any alcohol-related incidents either at or away from work. He drinks only in moderation, and never before driving. Applicant mitigated the security concerns arising from his history of excessive alcohol consumption. Clearance is granted.


Financial; Personal Conduct

03/03/2006

Because of red ink across certain words in the Administrative Judge's findings of fact, the Board doubts whether it knows with confidence what the Judge found with respect to Applicant's description of financial situation on his security clearance application. In light of the ambiguity, the Board remands the case for the Judge to issue a clean decision which is unambiguous in its findings. Case remanded with instructions.


Foreign Influence

03/02/2006

Board cannot consider new evidence or claims of error based on new evidence. Given the record evidence in this case, it was not arbitrary or capricious for the Administrative Judge to conclude Applicant had failed to mitigate the security concerns raised by his ties and contacts with family members in Vietnam. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

03/01/2006

The Administrative Judge's findings about Applicant's history of improper or illegal drug use are sustainable and provide a rational basis for his unfavorable conclusions. Applicant's statements about her intent and state of mind when she executed a security clearance application are relevant evidence, but they were not binding on the Judge. The Judge had to consider Applicant's statements in light of the record evidence as a whole and make a finding of fact as to Applicant's intent or state of mind when she executed the security clearance application. Applicant has not shown it was arbitrary or capricious for the Judge to conclude she had not mitigated her misconduct. Even in the absence of any security violations by an applicant, a Judge can make an unfavorable security clearance decision based on other conduct that raises security concerns. Adverse decision affirmed.


Foreign Preference; Foreign Influence

02/28/2006

Applicant is a 42-year-old software design engineer who has worked for a federal contractor since 2001. He was born in Algeria and immigrated to the U.S. in 1995. He became a naturalized U.S. citizen in 2002. He continues to possess an Algerian passport. Applicant's mother is a citizen of Algeria, who resides with him in the U.S. He has an aunt and uncle who are citizens and residents of Algeria with whom he has close ties of affection. Applicant failed to mitigate the security concerns regarding Guideline C, foreign preference, and Guideline B, foreign influence. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

02/28/2006

Applicant, a native of Taiwan and a naturalized U.S. citizen, is a university professor who does research for defense contractors, much of it in ballistic missile technology. He received a clearance in 1992. He obtained and used a Taiwanese passport after becoming a U.S. citizen. His brother is a Taiwanese citizen residing in Malaysia. His sister is a citizen and resident of Taiwan. He is married to a citizen of the People's Republic of China (PRC) whose mother and brother are citizens and residents of the PRC. He had two children by his present wife while she was married to a PRC citizen. On his security clearance application (SF-86), he falsified his marital status and did not disclose a brother, sister, and an illegitimate child. He failed to mitigate security concerns based on foreign preference, foreign influence, and personal conduct. Clearance is denied.


Financial; Personal Conduct

02/28/2006

Applicant has more than $24,000 in delinquent debt that he failed to list on his security clearance application. He failed to mitigate security concerns raised by his financial situation and his personal conduct in falsifying his security clearance application. Clearance is denied.


Financial; Personal Conduct

02/28/2006

By deliberately under reporting her delinquent debt on her security form, Applicant exercised poor judgment. By stating she would only try to pay those debts if she was contacted by the specific creditor, rather than initiating action to pay the creditor, Applicant demonstrated more poor judgment. While the unforeseen medical and employment problems provide some extenuation and mitigation for Applicant's financial troubles, these unanticipated events do not overcome Applicant's financial problems. Clearance is denied.


Alcohol; Financial; Personal Conduct; Criminal Conduct

02/28/2006

Applicant is a 47-year-old electronic technician who has worked for a federal contractor since 2003. He had five alcohol-related incidents from 1983-2003. He has four years of unpaid federal income taxes and three unpaid state tax liens, in addition to many other delinquent debts that remain unpaid. Applicant failed to list all of his past alcohol-related offenses on his security clearance application and later provided misleading information to an investigator in a sworn statement, in violation of 18 U.S. C. 1000, felony violations. Applicant failed to mitigate the security concerns regarding Guidelines G, alcohol consumption, F, financial considerations, E, personal conduct, and J, criminal conduct. Clearance is denied.


Financial

02/28/2006

Applicant has a history of financial irresponsibility. In July 1998, she filed for Chapter 7 bankruptcy. After the bankruptcy discharge, Applicant continued to incur delinquent debt. Her background investigation revealed 11 delinquent debts totaling approximately $33,442.00. Although her financial situation worsened as a result of being laid off in July 2002, she obtained suitable employment in August 2003. She has not demonstrated that she made a good-faith effort to pay her debts before filing for bankruptcy a second time in May 2005. She has failed to mitigate the security concerns related to her financial history. Clearance is denied.


Financial; Personal Conduct

02/28/2006

Board cannot consider new evidence on appeal. Although Applicant disagrees with the Administrative Judge's conclusions about his history of financial difficulties, he has not shown that those conclusions are arbitrary or capricious. Applicant has not shown it was arbitrary or capricious for the Judge to conclude Applicant had not mitigated the security concerns raised by his history of financial difficulties. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct; Foreign Preference

02/28/2006

Applicant, a 30-year-old woman, is seeking a security clearance for her employment as a program analyst with a defense contractor. Her history of illegal drug involvement is mitigated as not recent coupled with her demonstrated intent not to abuse drugs in the future. But Applicant is unsuitable for a security clearance because she misrepresented her history of illegal drug involvement when completing a security-clearance application and in a sworn statement made during a background investigation. Clearance is denied.


Sexual Behavior, Personal Conduct, Criminal Conduct

02/28/2006

In 1969 and 1970, the police arrested Applicant for disorderly conduct and possession of stolen property, misdemeanor charges. His next arrest occurred 33 years later when the police arrested him in 2003 for soliciting prostitution, a misdemeanor charge. He reported his arrest to his security officer. During the government's investigation, he, however, did not provide truthful and honest information about all the facts surrounding his arrest. Applicant has mitigated the government's security concerns under Guideline D, but has not mitigated the government's case as to Guidelines E and J. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

02/28/2006

Applicant has eight siblings , a sister-in-law, and a cousin who are citizens and residents of Iraq. Until about 2004, he provided his sister and sister-in-law in Iraq with approximately $500 twice a year in financial support. He also maintains telephone contact with his brothers in Iraq. Applicant was not forthcoming about details of an arrest for soliciting prostitution in signed, sworn statements he provided in 1996 and 2003 to authorized investigators of the Department of Defense. He failed to mitigate Guideline B, E, and J security concerns alleged in the Statement of Reasons. Clearance is denied.


Criminal Conduct; Alcohol; Financial

02/28/2006

Applicant, a self-employed consultant to defense companies, failed to mitigate criminal, alcohol, and financial security concerns since he was confined in prison for two years for burglary and drug charges between 1973 and 1975 and had multiple alcohol related driving offenses between 1978 and 2001. While he no longer uses drugs he continues to consume alcohol. His delinquent debts total almost $30,000.00 with no evidence of significantly reducing them since the SOR was issued. Clearance is denied.


Financial; Personal Conduct

02/28/2006

Applicant has a history of unresolved financial problems dating back several years. Since 1997, he has petitioned for Chapter 13 bankruptcy two times and Chapter 7 bankruptcy once. On his security clearance application, he falsified material facts regarding his financial obligations. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations, and Guideline E, Personal Conduct. Clearance is denied.


Alcohol; Personal Conduct

02/28/2006

After four alcohol-related driving offenses over a ten-year period and a 1999 diagnosis of alcohol dependence, Applicant continues to drink alcohol. He did not disclose all of his alcohol-related arrests on his security clearance application out of shame and embarrassment. He has failed to mitigate the concerns raised by his alcohol consumption and lack of candor on his security clearance application. Clearance is denied.


Financial

02/28/2006

Applicant experienced severe financial difficulties resulting from circumstances beyond his control, including his call to active duty in the U.S. Army in support of the Gulf War, loss of business income, and unexpected medical expenses. After that time, he worked diligently to pay off or resolve his obligations, and succeeded in reducing his debts substantially. Applicant mitigated the security concerns arising from his financial difficulties. Clearance is granted.


Alcohol; Drugs; Criminal Conduct

02/28/2006

For more than 35 years, Applicant has used illegal drugs and routinely consumed alcohol to the point of impairment. His alcohol consumption has led to two arrests for Driving Under the Influence (DUI), and arrests for assault and criminal property damage. He continues to drink. He recently experimented with crystal methamphetamines and smoked cocaine while holding a security clearance. He has not mitigated the government's concerns about his alcohol consumption, drug use and criminal conduct. Clearance is denied.


Drugs; Personal Conduct; Financial; Criminal Conduct

02/28/2006

Security concerns persist over Applicant's drug abuse, personal conduct, and criminal conduct over his recent use of drugs in 2002 after he applied for a security clearance. Also, he misrepresented his past use of drugs and his future intent to the Defense Security Service (DSS) in a signed, sworn statement in June 2002. While he stopped using drugs, overall, he failed to demonstrate clear evidence of successful rehabilitation. He resolved his long-standing financial issues so those dated debts no longer raise security concerns. Clearance is denied.


Criminal Conduct; Alcohol

02/27/2006

Applicant is 47 years old and works as an audio-visual technician for a defense contractor. In 1999 she was convicted of Driving Under the Influence of Alcohol, and in 2003 of Driving While Intoxicated. Since the last conviction, she has not been involved in any alcohol related incidents, has participated in an extensive alcohol rehabilitation program, and has limited her drinking considerably. Applicant mitigated the security concerns related to her criminal conduct and alcohol consumption. Clearance is granted.


Alcohol; Personal Conduct

02/27/2006

Applicant failed to mitigate security concerns about alcohol abuse stemming from four alcohol-related arrests. He also failed to mitigate security concerns about his deliberate falsification of his security clearance application. Clearance is denied.


Security Violations; Personal Conduct

02/27/2006

Applicant is 65 years old and has held a top secret security clearance for 37 years while working for a federal contractor. Applicant handled classified material on a daily basis during his career. During a four-month period he had two security violations, one inadvertent, and the other involved a difference in professional opinions on the classification of the project. Applicant acknowledged he should have been proactive on the issue when the classification could not be resolved immediately. Neither violation involved a compromise of classified information. Applicant has renewed his commitment to his security responsibilities and has taken affirmative steps in seeking expert advice on security issues. He has successfully mitigated security concerns regarding Guideline K, security violations, and Guideline E, personal conduct. Clearance is granted.


Financial; Personal Conduct

02/27/2006

Applicant has a history of financial irresponsibility. He owes approximately $15,000.00 on eight delinquent debts. Although Applicant claims three of the debts were discharged in a previous bankruptcy and two of the debts were paid, he has provided no documents to support his assertions. While many of these debts arose from circumstances beyond his control, he has taken no action towards resolving his delinquent debts. He did not deliberately falsify his security clearance application but failed to mitigate the security concern arising from his financial difficulties. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct; Criminal Conduct

02/27/2006

Applicant is a U.S. citizen by birth. In 1999, while possessing a valid U.S. passport, Applicant acquired and used a Palestine passport travel document to enter and reside in the West Bank. Applicant deliberately falsified his security clearance application and his signed sworn statements to special agents of the Defense Security Service by failing to disclose he had received a non-judicial punishment in 1999. Applicant failed to mitigate security concerns under Guidelines B, C, E, and J of the Directive. Clearance is denied.


Personal Conduct; Alcohol; Criminal Conduct

02/27/2006

Applicant has been charged with numerous criminal offenses, many of them alcohol related, and is currently serving a sentence of probation following his October 2005 conviction for driving while intoxicated. He deliberately omitted required information from a security clearance application he submitted in November 2002. Applicant has failed to mitigate the security concerns that exist in this case. Clearance is denied.


Personal Conduct; Criminal Conduct

02/27/2006

From 1971 until 2004, Applicant repeatedly and deliberately provided false information concerning his abuse of controlled substances in security clearance documents he submitted and interviews he provided. Clearance is denied.


Financial; Personal Conduct

02/24/2006

Board cannot consider new evidence on appeal. Applicant has not made an allegation of harmful error below. Adverse decision affirmed.


Personal Conduct; Financial

02/24/2006

Applicant is 53 years old and has been employed by defense contractors since 1998. In early 2000, federal and state taxing bodies filed liens against him for unpaid taxes. Since that time one of the liens has been resolved, but others remain delinquent and unpaid. When he filed his security clearance application in May 2002, he did not disclose the delinquent liens. He failed to mitigate the security concerns raised by his personal conduct and financial considerations. Clearance is denied.


Personal Conduct; Criminal Conduct

02/24/2006

Even though Applicant should have disclosed the 1996 theft offense on her two security forms in 1997, her failure to do so is extenuated by her age and unfamiliarity with security forms at the time. However, Applicant should have disclosed the 1996 theft on her security form in September 2002 because she knew: (1) that she had been booked; (2) that she had pled guilty; and (3) that she had paid a fine. Given her continuing refusal to acknowledge she deliberately withheld material information in September 2002, and her serious criminal behavior in November 2002, insufficient time has passed to conclude Applicant warrants access to classified information. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

02/24/2006

Applicant is 34 years old and previously served on active military duty for seven years. While in the military service she was disciplined under the Uniform Code of Military Justice (UCMJ) for forging a set of Permanent Change of Station orders. After leaving the armed forces she worked for a private company for about five years, when she was terminated for allegations of misappropriating funds that she denied. In 2003, she completed a security clearance application and inadvertently failed to disclose the military discipline. Over a period of time she encountered financial difficulties, which have been resolved. She mitigated the security concerns raised by her personal conduct, criminal conduct, and financial considerations. Clearance is granted.


Financial

02/24/2006

Applicant's history of financial difficulties makes him unsuitable for a security clearance. Clearance denied.


Alcohol; Drugs; Personal Conduct

02/24/2006

The factual errors identified by Applicant involve immaterial details that do not undercut in any significant way the Administrative Judge's overall findings and conclusions. Applicant's mere disagreement with the Judge's weighing of the record evidence is not enough to demonstrate the Judge erred. The Judge's findings and conclusions about Applicant's history of drug use are reasonably supported by the record evidence. Adverse decision affirmed.


Foreign Influence; Personal Conduct; Criminal Conduct

02/24/2006

Applicant was born in South Vietnam, but escaped in 1978 and came to the U.S. in 1979. He became a naturalized citizen of the U.S. in 1985 and renounced his Vietnamese citizenship. His parents, three brothers, and three sisters are citizens and residents of Vietnam. In 1995, Applicant was arrested for striking his wife during a domestic dispute, but the charge was dropped. In 2001, he pled guilty to aggravated assault on his wife and related misdemeanor offenses arising from another dispute. Applicant has not mitigated the security concerns relating to possible foreign influence or his history of criminal conduct. Clearance is denied.


Personal Conduct; Criminal Conduct

02/23/2006

Applicant, a 60-year-old retired Army officer, has held a security clearance for about 40 years and has worked for a defense contractor since 1997. In March 2003, he deliberately misrepresented material facts on a security clearance application by concealing his January 2003 arrest and the pending charges for simple assault on his wife. In a subsequent interview with a security investigator, Applicant again lied about his failure to report the matter on his application, and lied about his history of similar conduct. Applicant failed to mitigate the security concerns arising from his false statements and criminal conduct. Clearance is denied.


Foreign Influence

02/23/2006

There is not a significant chance that, but for two harmless factual errors, the Administrative Judge would have reached a different result. The Judge's analysis of Applicant's ties and contacts with immediate family members who are citizens of the People's Republic of China is consistent with the Adjudicative Guidelines. Adverse decision affirmed.


Information Technology; Personal Conduct; Sexual Behavior

02/23/2006

Applicant is 45 years old and has worked as a computer engineer for a government contractor since 2000. Applicant was terminated from a television station job for stealing, and he retaliated against his employer by knocking out a microwave signal, thereby causing the station to go off the air. He stole from two other employers, one in 1985 and the other in 1996. Applicant kept a piece of computer equipment from another employer, but the government failed to present a prima facie case for disqualifying conduct under Guideline M, misuse of information technology system. He had a friendship with a woman, not his wife, and the government failed to present a prima facie case for disqualifying conduct under Guideline D, sexual behavior. Applicant failed to mitigate the security concerns under Guideline E, personal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

02/23/2006

Overall Applicant failed to mitigate security concerns over financial concerns, personal conduct and criminal conduct. He continues to gamble despite a large gambling loss that led him to file for bankruptcy in 2001 and a promise to his wife that he would stop gambling and seek counseling. He never sought counseling. Also, he failed to list a gambling-related arrest in 2000 on his security clearance application While it is commendable that he has completed his Chapter 13 bankruptcy plan and resolved two judgments, his failure to address the gambling pattern raises the possibility that financial concerns could recur. Clearance is denied.


Criminal Conduct

02/23/2006

Applicant has a history of criminal conduct extending from 1986 to 1999. This includes two felony convictions for physical altercations with police officers and several incidents of assault and battery. He also has two convictions for driving under the influence of alcohol. Applicant failed to mitigate the security concerns arising from his criminal conduct. Clearance is denied.


Foreign Influence

02/23/2006

Applicant asks the Board to consider evidence not submitted for the Administrative Judge's consideration during the proceedings below, and to reverse the Judge's decision after consideration of the additional evidence he offers on appeal. Applicant has not made any claim of harmful error below. Adverse decision affirmed.


Foreign Influence

02/23/2006

Applicant married a woman whose mother and siblings are citizens and residents of China, a country that is ruled by an authoritarian government with a poor record of human rights. Clearance is denied.


Personal Conduct

02/22/2006

Over a period of six months, Applicant falsified his pay records in order to receive overtime to which he was not entitled based on company policy. Appellant's conduct raised questions about his integrity and he has failed to provide sufficient evidence to mitigate the personal conduct concern. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

02/22/2006

Applicant is 28 years old and works for a defense contractor. She and her family emigrated from Iran in 1990 to enjoy more freedom. Even after becoming a U.S. citizen in 2000, she traveled to Iran using an Iranian passport. She uses her Iranian passport to enter Iran because she could not do it with her U.S. passport. Her high school diploma is Iranian, issued after she passed an Iranian curriculum of study in the U.S. using free textbooks supplied by the Iranian government, and she studied in an Iranian university for one semester in 1996. She failed to disclose that residence and study on her security clearance application. She has relatives in Iran with whom she is frequent contact and whom she visits on her trips. Applicant did not mitigate the foreign preference security concern, the foreign influence security concern, nor the personal conduct security concern. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

02/22/2006

Applicant is 45 years old and has worked as a production specialist for a government contractor since 1983. Applicant has five criminal incidents dating from 1992 to 2003 in which alcohol was a contributing factor. Applicant continues to drink alcohol. Applicant deliberately failed to list an assault charge and an open container charge on his security clearance application. He failed to mitigate the security concerns regarding Guideline G, alcohol consumption, Guideline J, criminal conduct, and Guideline E, personal conduct. Clearance is denied.


Criminal Conduct; Personal Conduct

02/22/2006

Applicant, a 25-year-old employee of a security services firm, failed to mitigate multiple driving offenses some involving alcohol between 1997 and 2003 as well as drug use between 1992 and 1998. He did mitigate two personal conduct allegations concerning failure to list all of the many driving and drug offenses since he did list two on his SF86 and his drug use on his SF 86 questionnaire. He failed to mitigate two other allegations of personal conduct. Clearance is denied.


Drugs; Personal Conduct

02/22/2006

Security concerns persist over Applicant's personal conduct in falsifying his security clearance application with respect his failure to disclose the full extent of his college drug use as he feared that the required honesty would hurt his chances to receive a security clearance. On the other hand he has mitigated concerns over his college drug use as he stopped using drugs in 2003, no longer associates with individuals who use drugs, and has adopted a commitment to a healthy life style. Clearance is denied.


Foreign Preference; Foreign Influence

02/22/2006

Applicant, a Taiwanese native, renewed his Taiwanese passport after he became a naturalized United States citizen in November 1991. Not wanting to surrender his Taiwanese passport to Taiwanese authorities out of concern it would call attention to his Department of Defense classified work, Applicant cut up his foreign passport at his hearing. Foreign preference concerns persist where he has not notified the Taiwanese authorities of the passport's destruction and would reacquire a foreign passport if necessary to remain in Taiwan to care for his mother. Foreign influence concerns also exist where his mother and sister are resident citizens of Taiwan, he has a significant financial interest in Taiwan, and his mother-in-law is a resident citizen of the PRC. Clearance is denied.


Criminal Conduct; Personal Conduct

02/22/2006

Given the record evidence in this case, the Administrative Judge failed to articulate a sustainable rationale for his finding that Applicant's omission from a security clearance application was not deliberate. On remand, the Judge must issue a new decision that corrects his finding of no falsification or explain that finding so that it is sustainable. Case remanded with instructions.


Financial

02/21/2006

Applicant is 60 years old and is a medical claims processor for a federal contractor. Several years ago he took custody of two grandchildren and got behind in his finances. Applicant has numerous outstanding debts, has not paid them, disputes many of them, but has done nothing to resolve them, nor does he have the financial means or commitment to do so. Applicant's eligibility for assignment to a sensitive position is denied.


Criminal Conduct; Personal Conduct; Financial

02/21/2006

Applicant has a history of domestic violence that resulted in a general court-martial conviction and administrative discharge from the U.S. Marine Corps (USMC). He lied to a criminal investigator on one occasion by denying he threatened to kill his wife. During his marriage, he incurred substantial debts, of which three have been resolved and one is disputed. He has mitigated security concerns based on personal conduct and financial considerations, but he has not mitigated the security concern based on criminal conduct. Clearance is denied.


Foreign Influence

02/21/2006

Applicant was born and raised in Iran. He attended college and graduate school in the U.S. and, after completing his education, chose to remain in the U.S. He married an Iranian born national he met in the U.S., and they have two children. He is employed as a software engineer for a defense contractor. His parents, two sisters, and one brother-in-law are resident citizens of Iran. He successfully mitigated foreign influence concerns regarding his brother-in-law, but was unable to mitigate concerns for his remaining immediate family members in Iran. Clearance is denied.


Financial

02/21/2006

Applicant is 50 years old and has worked as a custodian for a defense contractor since 2002. She and her husband had substantial credit card debt. They divorced and she became responsible for a portion of it, but could not pay it. She filed bankruptcy and the debts were discharged. However, Applicant continues to be unable to pay her debts in a timely manner and without a sustained period of solvency, it is too early to conclude she is past her financial problems. Applicant failed to mitigate the security concerns regarding Guideline F, financial considerations. Clearance is denied.


Financial

02/21/2006

Applicant has 38 delinquent debts totaling more than $11,650 that are in collection status, and his expenses exceed his monthly income by $22. Applicant failed to mitigate security concerns raised by his financial situation. Clearance is denied.


Foreign Influence; Foreign Preference

02/21/2006

Applicant is among the thousands of immigrants who have immigrated to the U.S. through the State Department's Diversity Visa Lottery Program. He is a now a 33-year-old married man with two young children, who at the age of 21, left Serbia and Montenegro (formerly Yugoslavia) in 1995. Applicant is employed as a principal investigator for a large defense contractor. Applicant's parents and one sister are resident citizens of Serbia and Montenegro. He has surrendered his foreign passport and renounced his former citizenship. Based on the record evidence as a whole, Applicant has successfully mitigated the security concerns of foreign influence and foreign preference. Clearance is granted.


Criminal Conduct; Drug; Personal Conduct; Financial

02/21/2006

Applicant's extensive history of drug abuse, criminal conduct, financial irresponsibility, and falsifications rendered him an unsuitable candidate for a security clearance. His cocaine use and stated intent to continue using cocaine required denial of his clearance under 10 U.S.C. §986. Clearance denied.


Criminal Conduct

02/21/2006

Applicant was arrested three times between September 2000 and September 2003, the last two for physical confrontations with his girlfriend. Applicant failed to mitigate security concerns raised by his criminal conduct. Clearance is denied.


Financial; Personal Conduct

02/21/2006

Applicant has satisfied almost all of his past-due creditors and provided a reasonable explanation for not disclosing delinquent debts in a security clearance application he submitted in December 2001. He has mitigated the security concerns alleged in this case. Clearance is granted.


Criminal Conduct: Sexual Behavior; Personal Conduct

02/21/2006

Applicant mitigated security concerns over his criminal conduct, sexual behavior, and personal conduct relating to two arrests for dated, misdemeanor arrests for patronizing prostitution in 1995 and 2001. In the first, his sentence was suspended; and in the second, he pleaded guilty to a lesser charge, peace disturbance. Further, he has had no subsequent incidents for over four years. Significantly, Applicant was evaluated by an expert psychologist who assures that Applicant has a normal personality profile with no disorders or addictive behaviors. While he denied to the Defense Security Service (DSS) that he had offered money for a sexual act, he fully disclosed that 2001 arrest and established he had no intent to falsify. He has 37 years of service to his company where his performance has been excellent. Clearance is granted.


Criminal Conduct

02/21/2006

Applicant was charged with three criminal offenses between 1979 and 2000. The last two charges were dismissed. Applicant has successfully mitigated the security concern caused by his criminal conduct. Clearance is granted.


Foreign Influence, Personal Conduct

02/21/2006

Applicant is 49 years old and works as a training specialist/analyst for a defense contractor since 2003. He was married twice. His first marriage ended in divorce. His second marriage is to a citizen of the People's Republic of China, living here in the U.S. His parents-in-laws are citizens and residents of PRC. In his security clearance application, Applicant deliberately omitted information. He offered rebuttal to the omissions, but it was not credible. He has not mitigated the foreign influence or personal conduct security concerns. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

02/21/2006

Applicant has successfully mitigated the security concerns of foreign preference and foreign influence raised by his connections to Lebanon. Also, he explained and rebutted the allegations that he provided deliberately false answers in response to questions on a security-clearance application. Clearance is granted.


Criminal Conduct

02/21/2006

The Administrative Judge's findings of fact about Applicant's history of criminal conduct reflect a reasonable or plausible interpretation of the evidence as a whole. 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 has not shown that it was arbitrary or capricious for the Judge to conclude he had not presented evidence sufficient to mitigate his history of criminal conduct. Adverse decision affirmed.


Financial

02/17/2006

Applicant is 35 years old and married with two minor children. He has been employed by a defense contractor as a software engineer since December 2002. He has two delinquent consumer credit debts totaling nearly $9,500.00 that originated nearly ten years ago. Applicant participated in a credit counseling program in 2000-2003, and contends it actually exacerbated his financial problems. He terminated his agreement with the company before completing the program, and has ignored the debts for at least the past three years. Applicant failed to mitigate the security concerns raised by his financial difficulties. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

02/17/2006

Applicant has a history of criminal conduct, including numerous worthless checks between 1992 and 2002, and a felony conviction for grand theft in 1998. He also made several false official statements on his security clearance application in April 2003. Applicant mitigated the security concerns arising from his history of not meeting financial obligations, by paying off almost all the delinquent debts for which he was responsible. However, he failed to mitigate the security concerns arising from his criminal conduct and personal conduct. Clearance is denied.


Financial; Personal Conduct

02/17/2006

Applicant accrued substantial personal debt during the three-year period before he was discharged for the Navy in December 1999. His financial difficulties were compounded when his wife left him during this period, and the government claimed reimbursement for overpayment of benefits paid to him upon his discharge. His current delinquent debt exceeds $55,500.00, and Applicant failed to disclose the full extent of his debt on his Security Clearance Application (SF 86) filed in November 2002. No material payments have been made against the accounts since he was discharged from the military. Applicant failed to mitigate the security concerns raised by his financial problems and personal conduct. Clearance is denied.


Financial; Personal Conduct

02/17/2006

Applicant has a history of financial irresponsibility. In 1997, he filed for Chapter 7 bankruptcy. After the bankruptcy discharge, Applicant continued to incur delinquent debt. Although he has paid off one debt and has consolidated his student loan accounts, he is either unable or unwilling to pay his remaining delinquent debt. Applicant failed to report material facts relating to an automobile repossession and his current financial delinquencies on a security clearance application he completed and certified in August 2003. Applicant's financial problems and his lack of candor raise serious security concerns. Clearance is denied.


Criminal Conduct

02/17/2006

Applicant was charged with five criminal offenses between 1985 and 2001. He has failed to mitigate the security concern caused by his criminal conduct. Clearance is denied.


Foreign Preference; Foreign Influence

02/17/2006

Board cannot consider new evidence on appeal. The Administrative Judge was not required to accept Applicant's unsupported testimony. Given the record evidence, the Judge did not err by finding Applicant had not surrendered his Iranian passport. Adverse decision affirmed.


Criminal Conduct, Financial

02/17/2006

Applicant is a 38-year-old male, working as an antenna design engineer for a federal defense contractor since 1997. He was arrested twice. The first charge, for aggravated assault with a deadly weapon in April 2000, was dismissed. His October 2001 arrest for driving while intoxicated resulted in a conviction and included supervised probation, community service, and payment of a fine. He has been alcohol free since 2001. Applicant has over 10 delinquent debts totaling approximately $22,788. He offered no evidence in support of his contention that some of these debts were consolidated and being paid off. He has not mitigated the criminal conduct or financial considerations security concerns. Clearance is denied.


Financial; Personal Conduct

02/16/2006

The Administrative Judge's findings of fact about Applicant's history of financial difficulties reflect a permissible interpretation of the record evidence. The decision of a Hearing Office Judge is not legally binding precedent on another Hearing Office Judge or the Board. Applicant has not shown that the Judge's application of the Adjudicative Guidelines to Applicant's history of financial difficulties was arbitrary or capricious. There is sufficient record evidence to support the Judge's unfavorable conclusions under Guideline F. Adverse decision affirmed.


Criminal Conduct

02/16/2006

There is no record evidence supporting the Administrative Judge's finding that Applicant's criminal case resulted in a conviction. To the contrary, the evidence shows that Applicant's criminal case resulted in a deferred sentencing, satisfaction of the terms of his plea agreement, and the indictment being vacated. The Judge's factual error is harmless because there is no dispute that Applicant engaged in the conduct for which he was prosecuted. Applicant has not shown that it was arbitrary or capricious for the Judge to characterize his misconduct as being recent. The Board will not disturb a Judge's weighing of the evidence unless there has been a showing that the Judge acted in a manner that is arbitrary, capricious or contrary to law when weighing the evidence. Adverse decision affirmed.


Foreign Preference; Foreign Influence

02/16/2006

The Administrative Judge articulated a rational explanation for applying Foreign Preference Mitigating Condition 4 and Foreign Influence Mitigating Condition 5 in light of the evidence in this case. The record evidence does not support the Judge's finding that Applicant surrendered her Russian passport. The Judge failed to articulate a sustainable basis for applying Foreign Influence Mitigating Condition 1 or Foreign Influence Mitigating Condition 3. Department Counsel has not shown that the Judge failed to apply the "whole person" concept. The Judge's favorable conclusions under Guideline B are sustainable, but her favorable conclusions under Guideline C are not sustainable. Favorable decision reversed.


Alcohol

02/16/2006

The Board need not agree with the Administrative Judge to conclude there is sufficient record evidence to permit the Judge to find that Applicant stopped consuming alcoholic beverages sometime after July 2003. The record evidence does not support the Judge's finding that Applicant's supervisor is aware of the government's security concerns. Department Counsel has demonstrated factual error that warrants remanding the case to the Judge. Case remanded with instructions.


Financial; Personal Conduct

02/15/2006

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


Financial; Personal Conduct

02/15/2006

Applicant accrued over $20,000 in delinquent or past due debts due in part to circumstances beyond his control. Applicant mitigated the resulting security concerns by resolving all of the debts listed in the SOR and demonstrating his current finances are sound. Concerns that he deliberately omitted information about his debts from his security clearance application are mitigated because he disclosed other adverse financial information therein, and it appears he was unaware of the delinquencies alleged when he submitted the questionnaire. Clearance is granted.


Financial; Personal Conduct

02/15/2006

Applicant has not satisfied two federal tax liens totaling more than $80,000 and a state tax lien for more than $7,500. He disclosed one federal tax lien on his security clearance application (SF-86), but he intentionally omitted a second federal tax lien, a state tax lien, and ten county tax liens. Security concerns based on financial considerations and falsification of his SF-86 are not mitigated. Clearance is denied.


Drugs

02/15/2006

Applicant is 32 years old and has worked for a defense contractor as a manufacturing engineer since graduating from college in 1996. Security concerns were raised by his use of marijuana from January 1997 to December 2002, during which time he held a clearance. Applicant successfully mitigated the security concerns by demonstrating his marijuana involvement was a relatively minor aspect of his life, and he has shown a genuine commitment to not use drugs in the future. Clearance is granted.


Personal Conduct; Criminal Conduct

02/15/2006

Applicant tested positive for marijuana in 1985 while serving in the United States Air Force and holding a clearance. He was sanctioned through Article 15 proceedings as a result of the incident. He was also convicted of alcohol-related disorderly conduct in 1987, and charged with a felony offense resulting from a domestic matter in 1992. The felony charge was later dismissed. Applicant did not disclose these matters or his past use of marijuana on his Security Clearance Application (SF 86). Applicant failed to mitigate the security concerns raised by his personal and criminal conduct. Clearance is denied.


Foreign Influence; Financial

02/15/2006

Applicant's wife and three stepchildren are citizens and residents of South Korea. Applicant has four bad debts or accounts placed for collections in excess of $17,000. Applicant has mitigated the security concerns over his wife and stepchildren. However, the record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his unpaid debts. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

02/15/2006

Applicant was arrested for five alcohol-related driving matters and a possession of marijuana charge from 1995 to 2003. Of the six incidents, only the last drunk driving case resulted in a conviction. Applicant completed an alcohol education program and has had no recurring alcohol problems since 2003. He has performed exemplary work for the same defense contractor for nearly 19 years following his discharge from the Navy in 1987. He has significantly moderated his prior drinking habits, genuinely inspired by other positive changes that have occurred in his personal life. Applicant successfully mitigated the security concerns raised by his alcohol consumption, personal and criminal conduct. Clearance is granted.


Foreign Influence

02/15/2006

Forty-eight year old Applicant immigrated to the U.S. in 1978, became a naturalized U.S. citizen, and resides in the U.S. with his native-born U.S. citizen wife and three native-born U.S. citizen children. His father and siblings are Syrian citizens residing in Syria (his father is a Syrian citizen--with a U.S. "green card'--residing primarily in the U.S.). Syria is a State sponsor of terrorism. Nevertheless, there has been no effort to intimidate his family to influence his actions. The citizenship and residency status of his family members, who are not agents of a foreign government and not in positions to be exploited by a foreign government, do not constitute a security risk. The government's security concerns have been mitigated. Clearance is granted.


Financial

02/15/2006

The Administrative Judge's application of Financial Considerations Mitigating Conditions 3, 4, and 6 is sustainable in light of the record evidence. Department Counsel's ability to argue for alternate interpretations of the record evidence is not sufficient to demonstrate the Judge's conclusions are arbitrary or capricious. Favorable decision affirmed.


Financial

02/15/2006

The Administrative Judge's findings that Applicant had successfully disputed five debts reflect permissible interpretations of the record evidence. It is not unreasonable for an Judge to interpret Financial Considerations Mitigating Condition 3 as covering situations where the record evidence shows that circumstances beyond an applicant's control resulted in, or significantly contributed to: (a) the applicant's debts becoming delinquent, (b) the applicant becoming unable to deal with or otherwise address debts that had become delinquent previously, or (c) the applicant incurring new, unforeseen debts that aggravate or exacerbate the applicant's financial situation. Although it is reasonable to expect that applicants will have documentation about the satisfaction of specific debts, it is not so obvious that applicants will necessarily have documentation about how they got into financial difficulties. Department Counsel has not shown the Judge weighed the evidence in an arbitrary or capricious manner. Favorable decision affirmed.


Drugs; Personal Conduct; Financial

02/15/2006

Applicant is 40 years old and works as a program analyst for a defense contractor. She has a history of drug abuse that extended from 1980 until 1997. In 1997 she was terminated from her job because she failed a random drug screen. She intentionally concealed her drug history when she completed her security clearance application in 2000, and during an initial interview with a governmental investigator in 2001. From 1998 until 2004, she accrued a substantial amount of debt that she was unable to pay. Applicant did not mitigate the security concerns raised by her drug involvement, personal conduct, and financial considerations. Clearance is denied.


Criminal Conduct; Drugs

02/15/2006

Applicant's testimony was evidence that the Administrative Judge had to consider, but it was not binding on the Judge, who had to weigh that testimony in light of the record as a whole. Applicant has not demonstrated that the Judge's adverse conclusions are arbitrary or capricious. Applicant has not shown that the Judge erred by concluding Applicant had not mitigated his history of misconduct. Adverse decision affirmed.


Misuse of Information Technology Systems; Personal Conduct

02/15/2006

Department Counsel's ability to argue for an alternative interpretation of the record evidence does not demonstrate error by the Administrative Judge. Department Counsel's specific appeal arguments about the Judge's application of Guideline E Mitigating Condition 5 fall short of demonstrating error. Favorable decision affirmed.


Financial; Personal Conduct; Criminal Conduct

02/15/2006

Applicant has a history of financial problems from about 1995, when he was recalled to work after a layoff at less than half his previous salary. He incurred unforeseen costs after a fire in his home in 1996 forced him and his family (spouse and nine children) into a hotel and then apartment for almost a year. Chapter 13 bankruptcies filed in November 1996 and September 1998 were dismissed before his debts were repaid. Under a Chapter 13 filed in December 1998, Applicant made some payments of $700 monthly, but was four months in arrears as of January 2001. He resolved his secured debts through a September 2002 refinancing, but again fell behind. A November 2003 judgment of $1,024 for water/sewer services was unpaid as of July 2005. Financial considerations persist. Personal conduct and criminal conduct concerns are raised by his failure to disclose larceny charges on his SF 86. Clearance is denied.


Drugs

02/14/2006

Applicant has mitigated the security concern caused by his abuse of marijuana and psychidelic mushrooms while in college and for about a year thereafter. Clearance is granted.


Drugs; Personal Conduct

02/14/2006

Applicant's use of marijuana between summer 1978 and November 2003 was mitigated by the isolated nature of the conduct, the passage of time without recurrence of the conduct, and his demonstrated intent to be drug-free in the future. The record did not support allegations that Applicant falsified his April 2004 clearance application. Clearance granted.


Alcohol; Financial; Criminal Conduct; Drugs

02/14/2006

Applicant failed to mitigate alcohol and financial security concerns because of the recency of excessive alcohol use and failure to pay delinquent debts. He successfully mitigated drug concern for a one time use of marijuana while being treated for rabies and criminal conduct because a four year period has elapsed since the last of four criminal charges. Clearance is denied.


Financial

02/14/2006

Applicant's Chapter 7 discharge in 1996 of about $21,200.00 in debt resulted from his misuse of credit cards and a car repossession. Applicant's financial problems resumed in 2000 when he mistakenly believed he could increase his credit and use his credit cards responsibly. Even after he reached the credit card limits on three credit cards by the middle of 2001, he demonstrated even more poor judgment by purchasing a house he could not afford. Applicant's praiseworthy job-performance evidence weighs in his favor. His wife's inability to maintain steady employment due to back problems provides some extenuation for his recurring financial difficulties. However, the foregoing factors do not overcome Applicant's history of poor judgment regarding his financial decisions. Clearance is denied.


Alcohol; Drugs; Criminal Conduct; Personal Conduct

02/14/2006

As of July 2002, Applicant was becoming intoxicated once a month even after his July 1998 and April 2002 Driving Under the Influence (DUI) arrests and convictions. There is no evidence the rate at which he becomes intoxicated has changed since 2002. He was also charged and convicted of possession of cannabis in April 2002. Between 1997 and 2002, he was arrested and convicted five times. In February 2002, Applicant completed a security clearance questionnaire and lied about his illegal drug usage. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from his conduct. Clearance is denied.


Financial; Personal Conduct

02/13/2006

Applicant has a history of financial delinquencies, including a child support arrearage, failures to file federal income tax returns, and unpaid tax liens. He mistakenly answered "no" to three questions on his security clearance application (SF 86) about bankruptcy filings, unpaid tax liens, and unpaid judgments. He refuted the allegations of intentionally falsifying his SF 86, but he failed to mitigate the security concern based on financial considerations. Clearance is denied.


Sexual Behavior; Criminal Conduct

02/13/2006

Applicant is 63-years-old and married for 40 years. He was arrested for lewd and lascivious acts with a woman not his wife in a car in a public park. The charge was reduced to disorderly conduct, and Applicant received deferred prosecution. He has not told his wife of the incident since it may adversely affect his marriage. Accordingly, the offense is still a basis for undue influence or coercion. Applicant's eligibility for assignment to a sensitive position is denied.


Personal Conduct; Criminal Conduct

02/13/2006

Applicant falsely stated in writing and under oath that he had never engaged in misuse of information technology systems. He later admitted computer hacking while in college. The security concern based on his false sworn statement is not mitigated. Clearance is denied.


Financial

02/13/2006

The SOR alleges Applicant has approximately $15,000.00 in debt owing to eight creditors that has either been charged off as bad debts or submitted for collection. He has done little to satisfy most of the creditors despite having the means to do so and knowing for almost two years that his financial problems created a security concern. Clearance is denied.


Drugs; Personal Conduct

02/13/2006

Applicant's use of cocaine seven times between January and February 2002 was mitigated by the isolated nature of the conduct, the passage of time without recurrence of the conduct, Applicant's seeking counseling to address the reasons he tried cocaine, and Applicant's demonstrated intent to be drug-free in the future. The record did not support allegations that Applicant falsified his March 2003 clearance application. Clearance granted.


Financial; Personal Conduct

02/13/2006

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


Financial

02/13/2006

Applicant's history of financial difficulties makes him unsuitable for a security clearance. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

02/13/2006

Applicant, a 44-year-old employee of a defense contractor, failed to mitigate allegations of occasional drug use over a 20 year period while holding a security clearance and failure to acknowledge his drug use on three SF 86s and to an investigator. He no longer uses drugs and has not done so since 2002. He mitigated allegation regarding 10 U.S.C. §986 in that he is not a current drug user. Clearance is denied.


Financial

02/13/2006

Applicant mitigated allegations of delinquent debts for two foreclosures by offering evidence that the properties had been transferred to the mortgagees in 1998 and 1999 with no further financial obligations of Applicant. Clearance is granted.


Financial; Personal Conduct

02/13/2006

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


Foreign Influence

02/13/2006

Applicant, a naturalized citizen of the United States since 1988, has lived, studied and worked in the U.S. continuously since 1981. His father is a naturalized U.S. citizen, and his mother and two sisters are permanent resident U.S. aliens. He has mitigated the security concern that existed based upon his brothers who are citizens and residents of Viet Nam and his travel to that country. Clearance is granted.


Criminal Conduct; Personal Conduct

02/13/2006

Applicant was convicted of reckless driving (reduced from driving while intoxicated) in 1999, and driving while intoxicated in 2003. He also received punishment under Article 15 of the Uniform Code of Military Justice in 1997. He failed to disclose the 1997 and 1999 incidents in a Questionnaire for National Security Positions he submitted in 2003, and the Article 15 punishment when interviewed by a special agent from the Defense Security Service in August 2003. Applicant has mitigated the criminal and personal conduct concerns that existed in this case. Clearance is granted.


Financial; Personal Conduct

02/13/2006

Applicant incurred significant and reoccurring debt during his first marriage. Following the end of his military career and before he found permanent employment, he worked sporadically for about 18 months, making it difficult to pay his debts and causing him to fall behind in his child support payments. He subsequently assumed control of his debts, reduced his child support arrearage, paid much of his past debts, and timely pays his current debts. His continuing efforts to resolve his past outstanding financial obligations have successfully mitigated or overcome the government's case. The questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Foreign Influence

02/13/2006

Applicant has lived in the U.S. since 1982, and became a naturalized U.S. citizen in 1988. Her parents and only sister are also naturalized U.S. citizens. Her only brother immigrated to the U.S. from the Republic of China (Taiwan) in 2005, and has been granted permanent resident alien status. She no longer has any relatives residing in a foreign country. Applicant has mitigated the foreign influence security concern alleged in the Statement of Reasons. Clearance is granted.


Criminal Conduct; Alcohol; Financial

02/13/2006

Applicant was sentenced to 10 years imprisonment for residential burglary and unlawful restraint, and served two years and five months in prison. The provisions of 10 U.S.C. § 986 require denial of his clearance. Clearance denied.


Information Technology; Personal Conduct

02/13/2006

Applicant successfully mitigated disqualifying conduct under Guidelines M and E of the Directive. Clearance is granted.


Financial; Personal Conduct

02/13/2006

Applicant is a network engineer for a defense contractor. She has delinquent debts, some which she has satisfied, but others which she cannot verify she has satisfied. Applicant deliberately did not provide correct and accurate information on her security clearance application. Applicant has not mitigated security concerns for financial considerations and personal conduct. Clearance is denied.


Foreign Influence

02/09/2006

Applicant is a translator for a defense contractor. He was born in Iraq, but left that country more than 15 years ago and is now a United States citizen. His mother and four siblings are citizens and residents of Iraq. Applicant has not presented sufficient information to meet his burden to establish his relatives are not agents of a foreign power or not in a position to be exploited by a foreign power in such a way as to force him to chose between his loyalty to them and his loyalty to the United States. Clearance is denied.


Criminal Conduct; Personal Conduct

02/09/2006

Applicant failed to report an arrest to his employer as required by company policy. Applicant mitigated security concerns raised by his arrest for assault with bodily injury to a family member. Applicant rebutted any personal conduct concerns raised by his failure to report the incident. Clearance is granted.


Foreign Preference; Foreign Influence

02/09/2006

The Applicant has renounced his Israeli citizenship, and has surrendered his Israeli passport in Compliance with the Money Memorandum ("Guide to DoD Central Adjudication Facilities (CAF) Clarifying the Application of Foreign Preference Adjudication Guidelines," dated September 1, 2000). He served in the Israeli Defense Force prior to his emigrating to the U.S. and becoming a naturalized American. The Applicant traveled to Israel in 1988, 1989, 1990 and 2001. He plans no future trip to Israel. The Applicant has no remaining familial connections to Israel, and none are alleged under Guideline B. Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

02/09/2006

Applicant accumulated delinquent debt established by credit bureau reports when he lost a second job. He stated he would or had paid some of the debts. He did not present any information to verify his payments of the debts. On his security clearance application, he deliberately failed to disclose all of the judgments against him, and debts in the last seven years that were more than 180 days past due, and the current debts more than 90 days past due. Clearance is denied.


Alcohol; Personal Conduct

02/09/2006

Applicant was convicted of driving while under the influence of liquor (DUI) in 2001, and several other relatively minor alcohol-related offenses in 1996, 1999 and 2001. Although he listed the DUI and one of the other 2001 offenses in a security clearance application he submitted in August 2003, he failed to list the other offenses. Applicant has successfully mitigated the alcohol consumption and personal conduct security concerns that existed in this case. Clearance is granted.


Alcohol

02/09/2006

On at least three occasions over the last 21 years, Applicant has been advised to abstain from drinking. Because Applicant was diagnosed as alcohol dependent by a licensed clinical social worker in 1998, the Directive requires successful completion of treatment, aftercare requirements, Alcoholics Anonymous (AA) or related therapy, 12 months of abstention, and a favorable prognosis. While the record substantiates Applicant's completion of treatment, the record does not show he has met the other requirements of the guideline. Also, he continues to drink alcohol. Clearance is denied.


Personal Conduct; Criminal Conduct

02/09/2006

The record evidence shows Applicant deliberately concealed or omitted his history of illegal drug use in response to a specific question on his


Foreign Preference; Foreign Influence

02/08/2006

Applicant mitigated security concerns raised by (1) her possession and use of a Turkish passport after she became a U.S. citizen and obtained a U.S. passport, and (2) the presence of members of her family and her husband’s family in Turkey. Clearance is granted.


Foreign Preference; Foreign Influence

02/08/2006

Applicant mitigated security concerns raised by (1) her possession and use of a Turkish passport after she became a U.S. citizen and obtained a U.S. passport, and (2) the presence of members of her family and her husband's family in Turkey. Clearance is granted.


Financial; Personal Conduct

02/08/2006

Applicant successfully mitigated the financial considerations security concern. But he deliberately falsified his responses to Questions 38 and 39 of a security-clearance application completed in January 2003 when he failed to disclose any of his financial delinquencies. His explanation for doing so is not credible. Clearance is denied.


Alcohol

02/08/2006

Applicant is 44 years old, married, and works for a defense contractor. He had a 1981 driving under the influence of alcohol arrest and conviction. He attended two alcohol rehabilitation programs, had intermittent periods of sobriety, but continues to drink alcohol although he admits he is an alcoholic who has been professionally diagnosed as an alcohol abuser. Claiming he has stopped drinking alcohol, he gives three different dates over a two year period for ceasing to drink alcohol. When compared to his entire history, none are believable. Applicant has not mitigated the alcohol consumption security concern. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

02/08/2006

This 73-year-old linguist/translator for a defense contractor was born in Afghanistan in 1933. He left that country after the Soviet invasion and eventually came to the U.S. He has a wife and two children, all of whom are U.S. citizens. He has served as a translator for U.S. Special Forces and has received high praise from the Officer in charge. His closest family members are all in the U.S. and he has minimal personal and financial ties to Afghanistan. He considers himself to be a U.S. citizen only. His travel to Afghanistan is primarily on company/government business. Mitigation has been established. Clearance is granted.


Security Violations; Pesonal Conduct

02/08/2006

Applicant received a verbal reprimand for a security violation he committed in 1997 by mailing classified material through a commercial mail center. He committed two additional security violations in 2003, resulting in a security violation being issued to him and his access to special programs being suspended. Applicant has failed to mitigate the security concern caused by his mishandling of classified material. Clearance is denied.


Criminal Conduct

02/08/2006

Applicant is 54 years old and has been employed as a project manager/senior technical writer for a defense contractor since March 2002. He was arrested for shoplifting in February 1996. He was arrested again in February 2003, and indicted by a grand jury under state law for Lewd Act on a Minor. He pled guilty to lesser offenses in both matters. Applicant failed to mitigate the security concerns raised by his criminal conduct. Clearance is denied.


Foreign Preference; Foreign Influence

02/08/2006

Applicant possesses an expired French passport, an active U.S. passport, and an active Iranian passport. His parents are citizens and residents of Iran and reside in the U.S. as registered aliens for approximately five months each year. Applicant's sister is a citizen and resident of Iran. Applicant refuses to relinquish his Iranian passport, which will not expire until 2014. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

02/08/2006

Applicant refuted allegations she intentionally falsified answers to questions on her security clearance application regarding her employment record, security clearance history, and financial delinquencies. The security concern based on her history of delinquent debts is mitigated by her good-faith efforts to resolve them. Clearance is granted.


Criminal Conduct; Personal Conduct

02/08/2006

Applicant was charged with and convicted of a variety of criminal offenses between 1972 and 2005. He abused controlled substances in 2000. He failed to file state and federal income tax returns, as required by law, on numerous occasions between 1993 and 2001. He failed to disclose many required details about his background in a security clearance application he submitted in November 2001, including his abuse of controlled substances while possessing a security clearance. Clearance is denied.


Financial

02/08/2006

Applicant mitigated security concerns regarding delinquent debts by settling several large debts and discharging the remainder in Chapter 7 bankruptcy. Also mitigated were concerns for failure to fully report delinquent debts and liens since he reported the largest debt and one lien. Many of the financial problems arose as a result of health concerns of Applicant when he was diagnosed as HIV-AIDS and he withdrew from family and work for three years. His situation changed in 2000. He is now responsible, fully employed, and financially secure. Clearance is granted.


Financial

02/08/2006

In September 2005, Applicant filed for Chapter 7 bankruptcy listing $64,796 in unsecured nonpriority claims. While most of the debt was incurred in the operation of a now defunct bridal shop business, Applicant did not pay for telephone services incurred in 2002 and 2003, well after she had closed her business. With her sizable delinquent debt not resolved and evidence of recent unpaid utility debt, it is too soon to conclude that her financial problems are safely behind her. Clearance is denied.


Alcohol; Criminal Conduct

02/08/2006

The Applicant has been an abusive drinker for most of his adult life. This has resulted in six arrests and convictions for Driving Under the Influence between 1980 and 2000. The Applicant still drinks and does not show any understanding of the problems alcohol has caused him. Insufficient mitigation is shown. Clearance is denied.


Foreign Preference

02/03/2006

Applicant is an engineer for a defense contractor. He was born in Israel. His mother was a United States citizen, and his father an Israeli citizen. He has dual United States and Israeli citizenship by birth. He has current Israeli and United States passports. He uses the Israeli passport to travel to Israel, and the United States passport for all other travel. Applicant's use and possession of the Israeli passport is an exercise of dual citizenship and violates a DoD memorandum. Clearance is denied.


Foreign Influence; Personal Conduct

02/03/2006

Applicant is a naturalized U.S. citizen whose father and three of his four siblings are resident citizens of Vietnam. Applicant traveled once to Vietnam in 1998 and he contacts his father three or four times yearly by telephone. The foreign influence concerns presented by the foreign citizenship and residency of his family members are mitigated where they are not agents of a foreign government nor in positions where they are likely to be exploited. Personal conduct concerns because of Applicant's arrest for assault and battery with a dangerous weapon and witness intimidation in 2001 and his failure to disclose his arrest on his December 2001 security clearance application are mitigated where the charges were dismissed, there is no evidence of recent assaultive behavior, and the omission was not deliberate. Clearance is granted.


Drugs

02/02/2006

Applicant's abuse of marijuana from March 1996 to December 2003, and LSD from March 1996 to January 2004, was not mitigated where Applicant's drug use was recent, was not isolated, and where the record evidence was insufficient to demonstrate an intent to refrain from illegal drug use in the future. Clearance denied.


Foreign Preference; Foreign Influence

02/02/2006

Although not alleged, the Applicant has "expressed a willingness to renounce" his Lebanese citizenship. He has also surrendered his Lebanese passport in compliance with the Money Memorandum ("Guide to DoD Central Adjudication Facilities (CAF) Clarifying the Application of Foreign Preference Adjudication Guidelines," dated September 1, 2000). The Applicant has four siblings who are citizens of and reside in Lebanon. One brother works for the Lebanese Department of Labor as a low level facilitator. This brother has been approved for permanent residency status in the U.S., and intends to move to the U.S., where this brother's two children attend college. The other three siblings have no connection with any foreign government. The Applicant is not subject to coercion vis-a-vis his foreign relatives. Mitigation is shown. Clearance is granted.


Foreign Preference; Foreign Influence

02/02/2006

Applicant, who has had a security clearance since 1987, mitigated foreign preference concerns after he returned his foreign passport to the Embassy of Lebanon. Under a whole person analysis he also mitigated foreign influence security concerns over bonds to his mother, sister, and brother who are citizens of Lebanon and reside there. Applicant has strong ties to the U.S. as a resident here and a naturalized citizen for 33 years. Assurances that Applicant would contact appropriate U.S. officials if any pressure were attempted are credible and are bolstered by his colleagues positive assessments of his exemplary work and of him as a very loyal and trustworthy person. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

02/02/2006

Applicant is 32 years old and has worked for a federal contractor since 2000. When he filled out his security clearance application he deliberately concealed his past criminal and drug history. When providing a sworn statement to the Defense Security Service's investigator he admitted to some of his past criminal conduct, but concealed other parts of his background. Applicant's explanations and testimony at his hearing was not credible. Applicant mitigated the security concerns under Guideline H, drug involvement, but failed to mitigate the security concerns under Guidelines J, criminal conduct, and Guideline E, personal conduct. Clearance is denied.


Personal Conduct

02/02/2006

Applicant did not file federal or state income tax returns for tax year 1997. The record evidence fails to establish by substantial evidence that Applicant had sufficient income requiring him to file the returns. Clearance is granted.


Financial

02/01/2006

This 45- year-old employee of a de