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2007 Industrial Security Clearance Decisions

 

These 1,428 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

Financial

12/31/2007

Applicant is a 71-year-old employee of a defense contractor. After working his entire life, he retired in 2005. As a result of helping two family members by co-signing auto loans, he petitioned for a Chapter 7 bankruptcy in April and a Chapter 13 in October 1997. He paid his creditors and resolved the debt. In May 2007, Applicant entered into a Chapter 13 plan in May 2007. Applicant is paying his creditors under that plan. Applicant has not mitigated the financial considerations concern at this time. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

12/31/2007

Applicant has successfully mitigated the foreign preference concerns triggered by her use and renewal of a foreign passport after she received her United States (U.S.) Citizenshi8p and passport. In addition, her omission of material information from her security clearance application resulted from misunderstanding the question asked rather than a deliberate attempt to cover up her trip to Iran in April 2002. But Applicant has not successfully mitigated the foreign influence security concern caused by her family ties to Iran. Clearance is denied.


Financial; Personal Conduct

12/31/2007

Applicant's failure to timely file her Federal income tax returns for several years, the ensuing delinquent debt, and her failure to disclose that debt on her clearance application render her an unsuitable candidate for a security clearance. Clearance denied.


Guideline E; Guideline J

12/31/2007

Even if the challenged finding was changed it would not have undermined the Judge's conclusions. The Judge considered Applicant's explanations but was not bound by them. The Judge's findings of deliberate falsification are sustainable Adverse decision affirmed.


Financial

12/31/2007

Applicant failed to mitigate security concerns over his continuing financial problems, including medical debts and other debts as well as an involuntary repossession of his car in 2001. While he stated in 2006 that he had an intent to develop a plan to resolve his problems, he provided no evidence that he has paid any of his outstanding debts or to demonstrate sufficient positive changes in behavior. Consequently, security concerns remain over finances. Clearance is denied


Financial; Criminal Conduct

12/31/2007

Applicant has a history of delinquent debts that stem mostly from a car repossession, restitution that was court-ordered in connection with an alcohol-related conviction, and medical debts associated with a series of hospitalizations in which she had difficulties making the co-pay requirements of her health insurance. Applicant disputes most of the debts, and all but the judgment debt and ordered restitution appeared to be barred by the controlling statute of limitations in any case. Applicant establishes both extenuation and mitigation with respect to the financial concerns associated with her debts. Favorable conclusions are warranted with respect to raised financial and criminal conduct concerns. Eligibility for an ADP I/II/III position is granted


Guideline J

12/31/2007

The Board concludes that the Judge received and considered the exhibits that Applicant alleges were not considered by the Judge. Applicant has not demonstrated that the Judge erred in concluding that Applicant had failed to mitigate the security concerns arising under Guideline J. Adverse decision affirmed.


Personal Conduct

12/31/2007

Applicant failed to mitigate personal conduct security concerns relating to violation of regulations, and an agreement to refrain from conduct that might create a question about his impartiality by attempting to obtain benefits for his domestic partner by pressuring the partner's employer over whom Applicant had some authority to grant such benefits. He also failed to mitigate security concerns by failing to state at Question 20 on his SF 86 that he had left his employment after allegations of misconduct as a result of investigation of the actions taken to benefit his partner. Clearance is denied.


Financial

12/28/2007

Applicant is 49 years old and works for a defense contractor in administrative assistant positions. She filed Chapter 7 bankruptcy twice, once in 1986 and again in 1995. She filed Chapter 13 bankruptcy in 2004, and successfully completed it in 2007. Applicant changed her financial behavior since 2004 and mitigated the financial considerations security concerns. Clearance is granted.


Financial

12/28/2007

Applicant is a 59-year-old employee of a defense contractor. Due to her husband's loss of unemployment and low paying jobs, Applicant accumulated delinquent debt. Her financial difficulties were exacerbated by separation and divorce. Applicant supports her adult two sons who are not working. Applicant paid her four delinquent debts using inheritance money in September 2007. Applicant has mitigated the financial considerations concern. Clearance is granted.


Financial

12/28/2007

Applicant is 32 years old, and preparing to get a divorce. He has 13 delinquent debts incurred during and after his military service. Applicant repaid six debts and has a plan to repay the remaining delinquent debts by January 2009. Applicant mitigated the financial considerations security concern. Clearance is granted.


Financial; Personal Conduct

12/28/2007

Applicant is a 55-year-old employee of a defense contractor. Applicant's financial problems resulted due to his dairy farm loss. He incurred eight delinquent debts and a tax lien in 1995. Applicant has demonstrated he is financially responsible by resolving the debts. He received information that the tax lien has expired and is no longer collectible. Applicant has mitigated the financial considerations concern. He did not knowingly falsify his security clearance application. Thus, he has mitigated the security concerns under personal conduct. Clearance is granted.


Financial; Personal Conduct

12/28/2007

Applicant has a history of unresolved financial problems. He has done little to demonstrate that he will resolve the financial problems in a satisfactory manner. In addition, he deliberately omitted information about his history of financial problems when he completed a security-clearance application. Clearance is denied.


Foreign Influence

12/28/2007

The Applicant has considerable connections with Thailand. His wife is a citizen of Thailand, his father is a retired senior officer in the Thai military, his in laws live in Thailand, and two of his children currently attend school there. He failed to submit sufficient evidence showing that he has an unequivocal connection to the United States. The Applicant is not currently eligible for a security clearance. Clearance is denied.


Foreign Influence, Outside Activities

12/28/2007

Based on an assessment of her as a whole person, Applicant mitigated security concerns over foreign influence as no "heightened risk" was established because of her ties to her parents who reside in Estonia, an ally of the U.S. While her mother was born in Russia, she left as a child; her father was granted citizenship in Estonia. Applicant is fully integrated into U.S. society with a husband she married in 2001 and their child who are both U.S. citizens. She became a naturalized U.S. citizen in November 2005; her travels to Estonia are to visit her parents. It is improbable that foreign pressure on her relatives could create a situation that could result in the compromise of classified information. Also, Applicant's property in Estonia is unlikely to result in conflict as her financial interests in the U.S. are substantially higher. Clearance is granted.


Personal Conduct; Information Technology; Sexual Behavior

12/28/2007

Applicant's demonstrated misuse of information technology systems and sexual behavior disqualify him for a security clearance. The record did not establish conduct cognizable under Guideline E: Personal Conduct. Clearance denied.


Security Violations; Personal Conduct

12/28/2007

Applicant is 63 years old, a retired military officer, and now has 10 years experience as a corporate officer. Applicant has 40 years experience working with classified and sensitive information. He allowed his assistant without a Secret security clearance to have access to the JPAS system for 18 months, contrary to JPAS regulations, Government advisory letters, and clear guidance from his corporate security officer. Applicant failed to mitigate the handling of protected information and personal conduct security concerns. Clearance is denied.


Guideline F; Guideline E

12/27/2007

Applicant's response to the File of Relevant material references an attachment which is not in the file. Department Counsel noted to the Judge that he did not see any "new documents" accompanying the response. It is unclear from the record what, if any, efforts were made by Department Counsel or the Judge to ascertain whether the referenced documentation had become separated from the letter or otherwise resolve the issue. Adverse decision remanded.


Guideline F

12/27/2007

The Board does not review cases de novo. Adverse decision affirmed.


Guideline E; Guideline J

12/27/2007

The Board concludes that the Judge has drawn a rational connection between the facts found and her ultimate adverse decision. Adverse decision affirmed.


Guideline E; Guideline J

12/26/2007

The Judge was not bound as a matter of law to accept Applicant's explanation for his failure to disclose his prior drug use. The government is not estopped from making an adverse security determination when there are prior favorable determinations.


Financial; Personal Conduct

12/21/2007

Applicant is a 48-year-old employee of a defense contractor. He still owes a significant number and amount of delinquent debts that he accrued since closing his business and accepting his current job in late 2003. He has a $600 monthly deficit of income to recurring expenses, and no plan to bring the situation under control. He did not deliberately falsify his security clearance application, but security concerns raised by financial considerations were not mitigated. Clearance is denied.


Financial

12/21/2007

Security concerns raised about Applicant's history of financial indebtedness are mitigated. The larger debts were incurred as a result of two periods of unemployment in 2000 and 2002. Applicant has demonstrated a good faith effort to resolve his delinquent accounts. Clearance is granted.


Drugs; Personal Conduct

12/21/2007

Applicant is a 27-year-old employee of a defense contractor who has a history of illegal drug use as recent as December 2004. He used illegal drugs while holding a security clearance. He failed to mitigate the security concerns raised under the drug involvement guideline. Applicant intentionally falsified his security clearance application. He has not mitigated the security concern under the personal conduct guideline. Applicant's eligibility for a security clearance is denied.


Financial

12/21/2007

Applicant owes the Internal Revenue Service $170,945.45 for failure to pay employee withholding taxes in 2002/03 when a business he co-owned was in serious financial difficulties. Other debt was discharged in a November 2004 Chapter 7 bankruptcy, and he is current in his other financial obligations. Financial considerations persist because he lives from paycheck to paycheck despite an annual salary of $98,700 and he is not in a position to begin repaying the tax debt. Clearance is denied.


Foreign Influence

12/21/2007

Applicant emigrated from Taiwan to the United States in 1985 and became a U.S. citizen in 1994. He was unable to mitigate foreign influence concerns because of his close and frequent contacts with his mother, two brothers and two sisters, who are residents and citizens of Taiwan. Clearance is denied.


Criminal Conduct; Sexual Behavior; Personal Conduct

12/21/2007

Applicant admitted soliciting prostitutes on numerous occasions between 1992 and 1996. In January 1994 and July 1996, he pleaded guilty to soliciting prostitutes. In January 2006, he was cited for soliciting a known prostitute, but the charges were dismissed. His wife is unaware of his record of soliciting prostitutes. Security concerns based on criminal conduct, sexual behavior and personal conduct are not mitigated. Clearance is denied.


Foreign Influence

12/21/2007

Applicant (a U.S. citizen by birth) has a wife with dual citizenship with Taiwan and the U.S. Members of her immediate family (i.e., her father and three siblings) are citizens of Taiwan and reside there. His much larger commitments to the U.S. enable him to mitigate any potential risk to undue foreign influence concerns under Guideline B. Taiwan, while a country reported to gather economic and proprietary intelligence against the U.S. and its companies, retains strong mutual strategic interests with the U.S. Taiwan is a country with a history of democratic traditions and respect for human rights and the rule of law. Clearance is granted.


Financial

12/21/2007

Applicant, an employee of a government contractor, encountered financial difficulties when he moved from one state to another to take his employment only to have limited work available for him much of the time. His wife was unemployed after the birth of a child. Although they are now both employed and are in credit counseling to resolve their delinquent debts, not enough time has elapsed to take sufficient action to justify the grant of a clearance at this time. Clearance is denied.


Foreign Influence

12/21/2007

Applicant is a 50-year-old programmer employed by a federal contractor. Applicant's brother is a citizen and resident of the Republic of South Korea (hereinafter "Korea"), her husband and two sons are citizens of Korea residing in the United States, and her mother, a brother, and two sisters are citizens of Korea living in the United States. She traveled to Korea in 1999 when her father became ill with cancer, and again in 2000 for his funeral. She did not submit mitigating evidence and did not allay the government's security concerns about foreign influence. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

12/21/2007

Applicant's 16-year history of drug abuse, and his failure to fully disclose it, as required, on several security clearance applications between 1999 and 2004 generate drug involvement, personal conduct, and criminal conduct security concerns that he failed to mitigate. Clearance is denied.


Financial

12/20/2007

Security concerns raised about Applicant's history of traffic violations are mitigated due to Applicant successfully completing all sentences related to his traffic violations and demonstrating an increased level of maturity. The security concern raised under financial considerations due to a Chapter 7 bankruptcy discharge in 2004 is also mitigated. Applicant demonstrated that he is currently financially stable. An unforeseen lay-off caused the financial problems which lead to Applicant's bankruptcy. Clearance is granted.


Alcohol; Foreign Influence

12/20/2007

Applicant is serving probation for his third DUI which took place in August 2006. His last relapse shows he has not learned from his mistakes and casts doubts on his ability to comply with the law, to follow rules and regulations, and on his reliability and judgment. He also failed to mitigate the foreign influence security concerns raised by his relationship with his girlfriend, a naturalized U.S. citizen with family ties in Russia. Clearance is denied.


Foreign Preference; Foreign Influence

12/20/2007

Applicant is an information technology specialist for a defense contractor. He has a mother and siblings residing in Jordan, Saudi Arabia, and the United Arab Emirates. He destroyed his Jordanian passport before a cognizant security official. He mitigated security concerns for his family members in Jordan, Saudi Arabia, and the United Arab Emirates. Clearance is granted.


Foreign Preference

12/20/2007

Applicant was born in the U.K. and came to the U.S. with her family in 1972. She renewed her U.K. passport in June 2004. She became a U.S. citizen in June 2005, but she used her U.K. passport for a family trip to the U.K. in March 2006, because processing of her application for a U.S. passport was delayed. She returned from the trip on an emergency U.S. passport. When she learned her U.K. passport was an impediment to obtaining a clearance, she destroyed it. Security concerns based on foreign preference are mitigated. Clearance is granted.


Financial; Personal Conduct

12/20/2007

Applicant's financial irresponsibility renders her an unsuitable candidate for a security clearance. However, the record did not establish that she falsified her clearance application. Clearance denied.


Financial

12/20/2007

Applicant had two debts, one she has paid and the other covered by insurance. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from a debt of such magnitude. Clearance is granted.


Financial; Personal Conduct

12/20/2007

Applicant is a 36-year-old employee of a defense contractor. Her third divorce led to Applicant's financial problems, and ultimately nine delinquent debts. Applicant demonstrated she is financially responsible by paying or settling six debts. One debt is disputed, and her student loan is in abeyance. She is researching her debt on her home repossession. Applicant has mitigated the security concerns under the financial considerations and personal conduct guidelines. Clearance is granted.


Financial

12/20/2007

Applicant owes more than $60,000 in delinquent debt (including $15,297 in defaulted student loans) incurred due to irresponsible spending, difficulty finding suitable employment after he earned his degree, and his spouse's inability to work at times in the past two years due to medical problems. Recent efforts to resolve the debt are not sufficient to overcome the doubts about his judgment. Clearance is denied.


Financial

12/20/2007

Applicant owed approximately $21,000. Excluding her student loans ($9,965), a vehicle repossession ($7,000), and the debts paid, Applicant owes approximately $2,700. Applicant is making an effort to repay her debts with the limited funds at her disposal. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from this debt. Eligibility for ADP-I/II/III position is granted.


Personal Conduct; Sexual Behavior: Financial

12/20/2007

Applicant, a 51-year-old engineer and subject matter security officer, failed to mitigate allegations of security concerns arising from misuse of corporate credit card for personal use in a gentlemen's club in 2003 for which he was counseled, but did the same less than a year later for which he received a Level III final warning. He initially denied the misuse but later admitted that he was aware of the misuse. He mitigated security concerns under criminal conduct as to two sexual related matters each over 20 years ago but not as to his sexual behavior in attending adult entertainment clubs which led to his financial problems, and continues to do so but less frequently. He mitigated security concerns relating to financial considerations since his financial situation substantially improved over the past four years. Clearance is denied.


Financial

12/20/2007

Applicant has a history of delinquent debts that stem from periods of unemployment and burdensome student loan obligations. Unable to make any payment progress with her debts with her limited resources, she has petitioned for Chapter 7 bankruptcy. Whether she can achieve a successful discharge in bankruptcy is at this time difficult to predict based on her lack of documentation of important bankruptcy requirements. Based on her absence of any payment progress or favorable prospects for being able to do so in the foreseeable future, she is left to rely on a successful bankruptcy outcome to stabilize her finances. With a favorable bankruptcy so difficult to assess at this time, she is unable to mitigate security concerns associated with his past history of delinquent debts. Clearance is denied.


Financial

12/20/2007

Applicant mitigated the security concerns raised by his financial problems. Between 2002 and 2005, he resolved all of his debts through a Chapter 13 bankruptcy petition, except for a $20,000 tax delinquency not legally dischargable through bankruptcy. He has since paid his tax debts using funds from his retirement savings. His delinquent debts were due, in part, to circumstances beyond his control. His current finances are sound, his circumstances have changed, and he is not likely to incur such delinquencies in the future. Clearance is granted.


Financial; Personal Conduct

12/20/2007

Applicant has a history of financial problems dating to 1990. In January 2006, he deliberately omitted material information from his security clearance application (SCA) when he answered "NO" to both questions in section 28 requiring information about having been over 180 days delinquent on any debts in the last 7 years, any debts over 90 days delinquent. Applicant paid or settled with four of the listed creditors. Applicant's financial problems and his deliberate omissions have not been mitigated. Clearance is denied.


Foreign Influence

12/20/2007

Applicant is a native of Nepal who became a U.S. citizen in September 2004. Foreign influence concerns raised by the Nepali citizenship and Indian residency of his parents and brothers, and the Indian citizenship and residency of his sister are mitigated by his strong ties to the United States. Clearance is granted.


Guideline E; Guideline H

12/17/2007

Department Counsel's alternative interpretation of the evidence under Guideline E does not demonstrate harmful error. The Administrative Judge used language with regard to Guideline H which could be construed as inconsistent with DOD policy and prior Appeal Board decisions. Favorable decision remanded.


Financial Considerations

12/17/2007

Applicant has a history of multiple overdue debts. She has been unable to resolve these debts. Mitigation has not been shown. A determination of trustworthiness and access to personal sensitive information is denied.


Guideline G

12/17/2007

The Judge's analysis of Applicant's twenty year history of alcohol related incidents was unsustainable because it was piecemeal in its approach to the disqualifying events and it gave greater weight than was reasonable to the two months of abstinence. The Judge did not adequately address Applicant's continued drinking after his second alcohol treatment program. Favorable decision reversed.


Guideline c; Guideline B; Guideline E

12/17/2007

Applicant raise a claim for the first time on appeal without sufficient specificity for the Board to conclude that he has a colorable claim. Adverse decision affirmed.


Criminal Conduct

12/14/2007

In 1993, Applicant was convicted of theft while employed by an international package and delivery company. In 1994, she was arrested for fraudulent illegal use of credit cards. In 1995, she was subsequently convicted of this offense and sentenced to 15 months incarceration in a federal women's prison. After her release from prison, she left one of her jobs under "unfavorable conditions." Considering the evidence as a whole, she was unable to mitigate criminal conduct concerns. Additionally, under 10 U.S.C. § 986(c)(1), she cannot be granted access to classified information. Clearance is denied.


Financial

12/14/2007

Applicant incurred approximately $20,000 in delinquent debt as a result of a 2003 divorce and a medical emergency for her daughter. She provided documentation concerning her payments in her repayment plan to her creditors, and thus mitigated the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is granted.


Financial

12/13/2007

Applicant is a project coordinator for a defense contractor. She has delinquent debts from credit cards and department stores that she has not paid. She was unemployment at times, and family issues affected her finances. However, she has been steadily employed since 2003. She has not taken any steps to pay or resolve her delinquent debts. She failed to mitigate security concerns for financial considerations. Clearance is denied.


Financial

12/13/2007

During 2001-2006, Applicant underwent five surgical procedures and incurred 30 delinquent medical debts totaling about $23,959. She also incurred delinquent debts for cell phones given to family and a friend and for rented videos not returned by family members. All debts except the medical debts have been paid in full. Applicant is enrolled in a credit counseling program and has a five-year payment plan for her medical debts. Security concerns based on financial considerations are mitigated. Clearance is granted.


Financial

12/13/2007

Applicant incurred approximately $8,000 in delinquent debt, including charged off collection accounts from medical providers. She provided documentation concerning her payments in her repayment plan to her creditors, and thus mitigated the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is granted.


Financial

12/13/2007

Federal and state tax authorities are pursuing Applicant for nearly $200,000 in deficiency amounts for tax years 2002, 2003, and 2004. In an audit in 2007, the IRS concluded that Applicant's horse business is a hobby or not-for-profit business and determined he was not entitled to claim business expenses for those three years. Applicant disagrees and contends that his horse business is a viable, for-profit business. He is making a good-faith effort to resolve the tax problem by appealing under the process authorized by law. If he does not prevail, he believes he can repay the tax deficiencies by selling off the assets of the horse business. Applicant is not a tax protestor, he is not tax defiant, and he is not engaged in tax evasion or fraud. The potential for pressure, coercion, exploitation, or duress in a security-clearance context is remote. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

12/13/2007

The recency and extent of applicant's (1) financial difficulties and (2) intentional falsifications of material facts on a Security Clearance Application (SCA), precludes a finding that it is now clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Financial; Personal Conduct

12/13/2007

Applicant has a history of financial problems. He disclosed some, but not all, of his financial problems on his security-clearance application because he was genuinely unaware of the extent of his financial problems. Although he and his spouse are making some progress in resolving the financial problems, it is likely that the financial problems will continue or recur because Applicant has little if any involvement in managing the family finances. His continued hands-off approach to his finances indicates a lack of good judgment. Applicant did not present sufficient evidence to explain, extenuate, or mitigate the financial considerations security concern. Clearance is denied.


Financial

12/13/2007

Applicant used credit cards to pay $55,000 in margin calls after a stock market downturn in 1997. He paid off all the credit card accounts except two in which he disputed the balance due. He successfully compromised one of the disputed credit card debts and the creditor withdrew its claim in the other. He disputed a cell phone bill and a medical bill, and both disputes were resolved. Security concerns based on financial considerations are mitigated. Clearance is granted.


Foreign Influence

12/13/2007

Applicant immigrated to the United States in 1988. He was born, grew up, and was educated in India. He became a naturalized U.S. citizen in April 2000. Applicant's ties of affection and/or obligation and contacts with his wife, children, parents, in-laws, friends, and business associates most whom are citizens and residents of India, in conjunction with his business, property, and investments in India, pose an unacceptable security risk or concern. His favorable information is not sufficient to mitigate the foreign influence security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

12/13/2007

Applicant's three criminal offenses between December 1990 and June 2003 represent a pattern of criminal behavior that has not be mitigated. Applicant's personal conduct set forth in subparagraphs 2.a. and 2.b. of the Statement of Reasons has not been mitigated either. Furthermore, Applicant's explanations for the delay in reporting the June 2003 offense to his facility security officer are not reasonable or credible. Clearance is denied.


Guideline J

12/12/2007

Once the government presents evidence raising trustworthiness concerns, the burden shifts to the applicant to establish mitigation. The favorable evidence cited by Applicant is not sufficient to demonstrate that the judge erred. Adverse decision affirmed.


Guideline J; Guideline D

12/12/2007

Given the Judge's sustainable finding regarding Applicant's conviction for abuse of his step daughter, Applicant has not met his burden of persuasion that it is clearly consistent the interests of national security to grant him a security clearance. Adverse decision affirmed.


Foreign Preference; Foreign Influence

12/11/2007

Applicant's application for, renewal of, and regular use of a foreign passport after becoming a naturalized U.S. citizen demonstrate foreign preference. Applicant has neither invalidated the passport nor obtained formal approval for its use. Further, Applicant is potentially subject to foreign influence because of his family contacts—his father and sister are resident citizens of Iran—and his frequent travel to Iran to address his father's health issues. Eligibility for ADP- I/II/III position denied.


Drugs; Personal Conduct

12/11/2007

Applicant failed to mitigate the security concerns raised by his use of marijuana, at times while he held a security clearance, and a February 2006 drug-related arrest. He also failed to mitigate the security concerns raised by his failure to disclose his drug use and arrest during a July 2006 interview with a government investigator, and his failure to report his arrest to his employer as required. Clearance is denied.


Alcohol; Personal Conduct

12/11/2007

Applicant is a quality engineer for a defense contractor. In 2001, he was charged with and pled guilty to two separate offenses of being a minor in possession of alcohol. In 2004, he had two separate offenses of having an open container of alcohol, and also had an offense of operating a vehicle while intoxicated. There have been no other alcohol-related instances since 2004. He did not deliberately omit the minor in possession offenses and the operating a vehicle while intoxicated offense on his security clearance application. Clearance is granted.


Criminal Conduct

12/11/2007

In 2004, Applicant shot a pellet gun at a neighbor during a heated dispute, and was later arrested and charged with deadly conduct. He received a five-year deferred adjudication with supervised probation to run concurrently. Upon evaluating the isolated nature of the conduct, its surrounding circumstances, Applicant’s remorse, and his probation officer’s strong, unequivocal character reference, I conclude he has mitigated the criminal conduct security concern. Clearance is granted.


Criminal Conduct; Personal conduct

12/11/2007

Applicant has a history of security significant offenses during his 20-year tour of military duty for which he either received non-judicial punishment or engaged in otherwise probative conduct, including a positive test for cocaine in 2002. Of added security concern are Applicant's omissions and misstatements in his clearance updates and latest OPM interview. His recurrent history of pattern criminal conduct (inclusive of his omissions and misstatements in the clearance applications and OPM interview he completed) cover an extended period of time (over 20 years in all) and are not mitigated under Guidelines J and E. Clearance is denied.


Criminal Conduct; Personal Conduct

12/11/2007

From about 1992 to 2005, Applicant engaged in domestic violence with two girlfriends and two spouses. His conduct included spitting on women on three occasions. None of these incidents resulted in arrests, charges, or convictions. Although he is making progress in addressing his childhood and anger-management issues, it is too soon to tell if this period of his life is a thing of the past or a firmly ingrained pattern of behavior that is likely to recur. Clearance is denied.


Foreign Preference; Foreign Influence

12/11/2007

Applicant emigrated from Taiwan to the United States in 1990. He was able to mitigate foreign preference concerns as a result of dual citizenship and holding a Taiwanese passport. However, he was unable to mitigate foreign influence concerns of a result of his close and frequent contacts with his parents and two brothers, who are resident citizens of Taiwan. Clearance is denied.


Financial

12/11/2007

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


Financial

12/11/2007

Applicant is legally responsible for about $15,643 in delinquent consumer credit debt largely incurred in or before 2003 when she and her spouse were still together. She applied in November 2007 for consumer credit counseling assistance and has taken steps to reduce her health care costs through applying for new health insurance and for veteran's benefits. Yet financial considerations are not fully mitigated where she has had to rely on an overdraft account to meet her expenses, and is counting on help from others for the funds to make promised payments to creditors. Clearance is denied.


Financial

12/11/2007

Applicant incurred approximately $50,572 in delinquent debt, including many charged off collection accounts and student loans. He did not provide any documentation concerning his payment arrangements in a repayment plan to his creditors. He has not mitigated the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is denied.


Foreign Influence

12/10/2007

This 49- year-old software engineer was born in China in 1958, and came to the U.S. 20 years ago with her husband and baby. She completed her education, raised a family and became a part of American society. The only allegations in the Statement of Reasons pertain to her having family members in China. Recently, her mother and father have emigrated to the U.S. Her connections with China are minimal compared with her ties to the U.S. She understands her security responsibilities and she avers prompt reporting of any improper contacts. Her history in the U.S. indicates her willingness and ability to meet these responsibilities. Mitigation has been established. Clearance is granted.


Financial

12/10/2007

The Applicant has owed approximately $10,000.00 in past due debts to seven creditors since at least 2000. He does not have the ability to pay off or otherwise resolve these debts. He is not currently eligible for security clearance. Clearance is denied.


Foreign Influence

12/10/2007

This 34-ear-old linguist/interpreter was born in Russia (then the USSR) in 1974 to a Russian mother and a Yemeni father. The father subsequently returned to Yemen. Applicant came to the United States (U.S.) in the early 1990s to attend college, married twice to U.S. citizens, and became a naturalized citizen in 2002. She has provided translation services to the US military and other agencies, receiving substantial high praise for her dedication and loyalty to U.S. interests. Her mother is a citizen/resident of Russia and her father is a citizen/resident of Yemen. Both are retired and have no connection with their governments. Applicant's ties to the U.S. are of long standing and deep. Mitigation has been adequately established. Clearance is granted.


Guideline B

12/07/2007

The revised adjudicative guideline B specifically cites the country involved as a factor to be considered. The Judge's decision failed to take into consideration in a meaningful way record evidence regarding the nature of the PRC. The Judge's conclusion regarding Applicant's citizenship and its impact on his vulnerability is unsupported by the record. Applicant's testimony regarding his relationship with his parents, had to be considered in light of other record evidence. The Judge's conclusion did not do that. Favorable decision reversed.


Guideline H; Guideline E

12/07/2007

The presence of some mitigating evidence does not alone compel a favorable decision. The government must be able to repose a high degree of trust and confidence in persons granted access to classified information. Favorable decision affirmed.


Guideline K; Guideline E

12/07/2007

The Judge's material findings of fact are sustainable.. Applicant's attorney waived any objection to the Judge taking notice of US statutes. The Judge was obliged to consider all the record evidence. Adverse decision affirmed


Criminal Conduct; Personal Conduct

12/05/2007

In the absence of any evidence in mitigation, applicant's recent alcohol-related conviction and falsification of 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 E

12/04/2007

As the trier of fact the Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable or vice versa. The Judge's finding that Applicant engaged in academic misconduct is sustainable. Adverse decision affirmed.


Guideline F; Guideline E; Guideline J

12/04/2007

The Judge noted that Applicant had paid off the vast majority of his delinquent debts. Applicant listed an unpaid judgement on his application. Applicant reasonable explained his confusion regarding his medical bills. The record evidence provides a rational basis for the Judge's favorable decision.


Guideline B

12/04/2007

The Judge found that China has an authoritarian regime and actively collects military , economic, proprietary and industrial information about the U.S. The Judge found that Applicant sends her parents $1000 to $2000 a year. Applicant's unhappiness with China's conduct is not necessarily synonymous with ties to the United States, nor is it indicative of a history of compliance with security procedures and regulations in the context of dangerous high risk circumstances in which Applicant had made a significant contribution to national security.


Personal Conduct; Criminal Conduct

12/04/2007

Applicant is a 48-year-old senior network administrator. In 1994, he stole and sold computer parts from his employer. Notwithstanding the passage of time and his otherwise good behavior and employee record, his current lack of credibility creates doubts about his judgment, reliability, and trustworthiness. His favorable information is not sufficient to mitigate the overall personal conduct security concerns. Clearance is denied.


Financial

12/03/2007

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


Personal Conduct; Criminal Conduct

12/03/2007

Security concerns raised by Applicant's arrests in 2001 and 2003 are mitigated. However, he was unable to mitigate the security concern about his deliberate omission of information about his arrests from a security clearance application he submitted in January 2006. Clearance is denied.


Criminal Conduct; Personal Conduct; Alcohol Consumption

12/03/2007

Applicant's alcohol abuse has resulted in four alcohol-related incidents, the last occurring in 2005. While Applicant continues to consume alcohol, she no longer consumes alcohol to excess, nor does she drive after consuming any alcohol. While Applicant furnished incomplete information to the Government, it was not a wilful misrepresentation, but rather based on a misunderstanding. Mitigation has been shown. A determination of trustworthiness and access to personal sensitive information is granted.


Financial; Personal Conduct

12/03/2007

Applicant is 43 years old, and works for a defense contractor as a materials analyst. She incurred about $60,000 in credit card debt, which she tried to repay through a Chapter 13 bankruptcy. The bankruptcy was dismissed after 31 months because she was laid off from her job and could not pay the monthly payments to the trustee. She has repaid eight of ten delinquent debts listed in the SOR. Applicant made sufficient disclosures on her security clearance application to inform the Government of her financial difficulties. Applicant mitigated the financial considerations and personal conduct security concerns. Clearance is granted.


Financial; Foreign Influence; Personal Conduct

12/03/2007

Applicant's financial irresponsibility and deliberate falsification of his clearance applications render him unsuitable for access to classified information. He is not subject to foreign influence because of family members residing in South Korea. Clearance denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

12/03/2007

Applicant has been a software quality assurance engineer for a defense contractor for over 31 years. In the 1994 time frame, he sexually molested young girls. In 2004, the girls informed authorities of Applicant's actions, and he pled guilty to three felony charges of child endangerment. He was fined, sentenced to probation, and is a registered sex offender. In 1994 and again in 2001, Applicant admittedly viewed pre-teen pornography on the internet. He did not deliberately fail to correctly answer or provide complete information to security investigators during the course of a security investigation. Clearance is denied.


Foreign Influence; Foreign Preference

12/03/2007

Applicant, a native of the Republic of China (Taiwan), acquired U.S. citizenship in October 1991 after living in the U.S. since September 1981. He left his spouse and child in the U.S. and moved to Taiwan to assist his father in obtaining medical care from April 1998 to July 2004. While in Taiwan, Applicant was employed with a nonprofit research institute and then a commercial computer company. Applicant renewed his Taiwanese passport in 2001 and used it for convenience when traveling between the U.S. and Taiwan. The foreign preference concerns are mitigated by his renunciation of Taiwanese citizenship and surrender of the foreign passport, but foreign influence concerns persist because of his close relationship with family members in Taiwan, including sisters employed by Taiwan's tax office. Clearance is denied.


Financial

11/30/2007

Applicant owes approximately $35,790 in taxes, penalties and interest to the Internal Revenue Service for tax years 1991, 1996, 1998, 1999 and 2000. He has retained a certified public accountant to assist him in obtaining a settlement of the tax liabilities with the federal government. Once a settlement is reached, his older sister is willing to pay the tax debt for him. An offer in compromise was submitted to the Internal Revenue Service only two weeks prior to the hearing. The status of negotiations with the Internal Revenue Service is uncertain. A promise to pay in the future is not sufficient to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

11/30/2007

When Applicant was laid off in February 2004, she had credit card debt of about $24,353, but no delinquent accounts. She was seriously disabled during a burglary in December 2004. She had no financial reserves, because she had incurred uninsured medical expenses of more than $27,000 between September 2002 and December 2004. While unemployed, her credit card debt rose to more than $62,000 and became delinquent. After returning to work in January 2006, she paid off $7,700 in personal loans from friends, reduced her credit card debt to about $47,000, and adopted a plan to resolve the remaining debts within two years. Security concerns based on financial considerations are mitigated. Clearance is granted.


Financial

11/30/2007

Applicant's 20-year history of financial problems generates a financial considerations security concern. These problems stemmed from layoffs, health crises, and other circumstances beyond his control rather than from any financial irresponsibility. Most recently, Applicant has begun rehabilitating his finances by attending financial counseling, consolidating his debts into a payment plan, and obtaining a part-time job. Applicant has mitigated the security concern. Clearance is granted.


Foreign Preference; Foreign Influence

11/30/2007

The Applicant was born in Nigeria in 1956. He first came to the United States (U.S.) in about 1976, attended and graduated from college, and became a U.S. citizen in 2004, at which time he also obtained a U.S. passport. In 2006, he renewed his Nigerian passport. After the hearing, he destroyed the Nigerian passport, but did not renounce his Nigerian citizenship. He has extensive family ties to Nigeria. He has not adequately demonstrated mitigation of the Governments evidence under either guideline. Clearance is denied.


Personal Conduct; Criminal Conduct

11/30/2007

This 35-year-old employee of a defense contractor has a sparse history of three instances of personal and lesser criminal activity while in college and in 1998 and 2004. His current maturity is indicated by his excellent work history, letters of recommendation and three years without any recurrence. Mitigation has been established. Clearance is granted.


Foreign Influence

11/30/2007

Applicant's close ties to family members who are citizens and residents of Morocco and her travel to that country create security concerns which she has failed to overcome. Clearance is denied.


Financial

11/30/2007

Applicant is a 61-year-old administrative aide for a federal contractor. Between 2000 and 2006, over $26,000 of her debts became delinquent. She introduced no documentation and presented scant argument mitigating financial considerations security concerns. Clearance is denied.


Financial

11/30/2007

Applicant failed to mitigate security concerns raised by her financial problems, which include more than $17,000 in past due or delinquent debt accrued since 2003. Her failure to timely act to pay or resolve her debts and her ongoing mismanagement of her personal finances undermined her claims her debts resulted from circumstances beyond her control and that her finances will improve in the future. Clearance is denied.


Foreign Influence

11/30/2007

Applicant is 61 years old, was born in China, and moved to Taiwan while an infant with his parents. After completing college in Taiwan, he immigrated to the U.S. in 1970, and became a U.S. citizen in 1985. He holds a senior position with a defense contractor with whom he has been employed since 1993. He has continuously held a secret clearance since 1994. Foreign influence concerns were raised primarily as a result of having an elderly father, who is a resident citizen of Taiwan. After analyzing all of the facts and considering the whole person, Applicant has mitigated the foreign influence concerns raised. Clearance is granted.


Financial

11/30/2007

Applicant's delinquent financial indebtedness was primarily caused by his failure to withhold proper taxes from his retirement pensions, and a divorce and its related complications. He has addressed almost all of his delinquent debts by setting up payment plans and making regular monthly payments toward the debts. The one debt he has not addressed, he will set up a payment plan and start paying soon. He has made a good faith effort to resolve his indebtedness, and there is evidence of financial rehabilitation. Clearance is granted.


Foreign Influence

11/29/2007

Applicant is a 39-year-old man who immigrated to the U.S. from Afghanistan in 1998. He obtained U.S. citizenship in 2005. After becoming a U.S. citizen, he worked as a contract linguist for about 18 months in Afghanistan where he served in harm's way with members of the U.S. armed forces. He is married to a U.S. citizen who is also an Afghan native. They have three young sons who are native-born U.S. citizens. Although he has family ties to Afghanistan, his most significant contacts and ties are to the U.S. Applicant has mitigated any potential foreign influence security concern. Clearance is granted.


Financial

11/29/2007

Applicant has taken meaningful action to resolve the delinquent debt he accumulated as a result of his wife's irresponsible financial practices and the breakup of their marriage. Clearance is granted.


Drugs; Personal Conduct

11/29/2007

Applicant is a 24-year-old systems engineer. Security concerns are raised by his marijuana use and related personal conduct. His last use of marijuana was in August 2005 while overseas on vacation. Applicant successfully mitigated the security concerns because (1) his marijuana use is not recent, (2) he intends not to abuse any drugs in the future, (3) his history of marijuana use is relatively minor and insignificant, and (4) his related personal conduct no longer makes him vulnerable to exploitation, manipulation, or duress. Clearance is granted.


Financial

11/29/2007

Applicant is a 42-year-old employee of a defense contractor. A series of unfortunate events led to Applicant's financial problems, and ultimately to her filing Chapter 13 bankruptcy (2004). She diligently paid her creditors under that plan until 2007. Due to accumulated medical debts from unforeseen illness and medical emergencies, she converted to a Chapter 7 in September 2007. Applicant has mitigated the financial considerations concern. Clearance is granted.


Financial

11/29/2007

Applicant is 45 years old, married with two sons, and works for a defense contractor as a laboratory technician. His wife lost her job and was unemployed for two years until 2007. The loss of her income caused financial difficulties, including an inability to repay six delinquent debts totaling about $16,000. Applicant mitigated the financial considerations security concern. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

11/29/2007

Applicant's positive test for cocaine metabolite in October 2005 was mitigated by the circumstances and results of the test, and his demonstrated intent not to use any drugs in the future. The record did not establish that Applicant falsified his clearance application. Clearance granted.


Alcohol

11/29/2007

Applicant drinks beer regularly. He pled guilty to a driving under the influence charge in 2004, his first alcohol-related offense. As a condition for receiving a restricted license, he attended an alcohol and substance abuse program, which he successfully completed. The record does not contain a credible medical report from a qualified medical professional or licensed clinical social worker which diagnosed alcohol abuse or alcohol dependence. Applicant mitigated the government's security concerns about his alcohol consumption. Clearance is granted.


Financial

11/29/2007

Applicant's delinquent financial indebtedness was caused by circumstances beyond his control, namely unemployment and underemployment for an eleven year period, 1994 through 2005. Since gaining full time employment in November 2005, he has made a good faith effort to resolve his indebtedness, as he is paying his debts in a systematic manner and has shown that he is now financially responsible. Clearance is granted.


Foreign Influence

11/29/2007

Applicant is a native of Nepal who became a U.S. citizen in October 1999. Foreign influence concerns raised by the Nepali citizenship of her spouse and the Nepali residency and citizenship of her parents are mitigated by her strong ties to the United States where she has lived and resided for the past 18 years. Clearance is granted.


Financial

11/29/2007

Applicant is a 56-year-old senior project manager, who has worked for a federal contractor for the past 30 years. Applicant began accumulating debt in 1991. He resolved some of it through bankruptcies he filed in 1994 and 2000. He recently paid the debts listed in the Statement of Reasons, demonstrating a good-faith effort to repay his creditors. He mitigated the security concerns raised by financial considerations. Clearance is granted.


Foreign Influence; Personal Conduct

11/29/2007

Applicant was born in the U.S. but has lived in Japan since at least 1992. The resident citizenship in Japan of Applicant's immediate family members is mitigated. They are not agents of a foreign power, and it is unlikely japan would try to apply pressure or coercion on and through them to Applicant. His one-time failure to register himself with the Selective Service System (SSS) no longer casts doubt on his reliability, trustworthiness, or good judgment. Clearance is granted.


Financial; Personal Conduct

11/29/2007

Applicant mitigated security concerns arising from delinquent debts caused by periods of unemployment of herself, her husband, and failure of her former husband to pay child support. All three conditions have now been resolved and she is making payments or arrangements to pay on all of the debts for which she is responsible. She also mitigated the personal conduct security concern arising from denial on her SF 85 P of delinquent debts of over 180 days by showing that it was not deliberate. Clearance is granted.


Foreign Influence

11/29/2007

On Remand. The Applicant's father is a citizen of the People's Republic of China (China), but he lives with the Applicant. The remainder of the Applicant's immediate family and his brother are all American citizens. His in-laws are citizens of China and reside there. They are not agents of the Chinese government, or in a position to be exploited by that government. The current nature of the Chinese government has been considered. The Applicant can be expected to resolve any conflict of interest in favor of the U.S. interest. He is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Personal Conduct, Criminal Conduct

11/29/2007

Applicant omitted material facts from his security clearance application. He, however, did not intentionally falsify his answers. His speeding tickets are minor violations of the rules which do not impact on his security worthiness. There are no applicable disqualifying factors under Guideline E, which is found in favor of Applicant. Guideline J is not established. Clearance is granted.


Alcohol; Financial; Personal Conduct

11/29/2007

Applicant's long history of alcohol abuse that includes four arrests of Driving Under the Influence, and his excessive financial indebtedness, have not been mitigated by sufficient evidence of reform and rehabilitation. He did not intentionally falsify his security clearance application in response to question 20. Clearance is denied.


Drugs

11/29/2007

Applicant's use of marijuana between July 2005 and December 2006 was mitigated by the circumstances and infrequency of the use, and his demonstrated intent not to abuse any drugs in the future. Clearance granted.


Financial

11/28/2007

After Applicant was laid off from his job in August 2001, he decided to attend a community college for about four months, during which he was unemployed. After college, he worked at several low-paying jobs and used his credit cards for living expenses, accumulating eight delinquent debts totaling about $16,846. Since beginning his current job in February 2005, he has resolved three smaller debts, but the remaining debts totaling more than $14,000 remain unresolved. Recently, he borrowed about $28,000 to buy a new car, and he spent a $1,500 bonus on a high- definition television. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Financial

11/28/2007

Applicant incurred significant debt which has not been paid. While some of the debt is due to reasons beyond his control, he has made only a minimal effort to resolve his outstanding debt. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial

11/28/2007

Applicant has a history of failing to meet her financial obligations dating back to the late 1990s. As of the date of her hearing, she had 20 accounts owing $33,626, which had been delinquent for many years. Her evidence is insufficient to show that she is in control of her finances, is not overextended, and has a track record of financial responsibility. Clearance is denied.


Financial

11/28/2007

Applicant has a history of financial problems. Although he is making progress in resolving his indebtedness, it is likely that his financial problems will continue or recur. Applicant did not present sufficient evidence to explain, extenuate, or mitigate the financial considerations security concern. Clearance is denied.


Drugs; Personal Conduct

11/28/2007

Applicant's deliberate falsifications on his July 2004 clearance application, and the drug abuse history he concealed, render him unsuitable for a security clearance. Clearance denied.


Personal Conduct

11/28/2007

Applicant has a history of demonstrated judgment lapses associated with his use of classified computer systems and related software in his work and in his use of accessing adult pornographic materials and engaging in sex-related conduct in public areas. Applicant's collective actions resulted in the denial of his requested access to sensitive comparted information (SCI). Similar conclusions are warranted here under the personal conduct guideline based on Applicant's demonstrated pattern of poor judgment in a number of areas and circumstances. Applicant's collective actions represent overall poor judgment that is for the most part still too recent to mitigate. Only Applicant's past access of adult pornographic material on his office computer and his related engaging in sexual misconduct is sufficiently isolated and dated to be successfully mitigated. Clearance is denied.


Financial; Personal Conduct

11/28/2007

Applicant's accrual of $62,000 of delinquent debt and his failure to disclose it on his security clearance application creates security concerns that he failed to mitigate at the hearing. Clearance is denied.


Guideline C; Guideline B

11/28/2007

The Judge found that Applicant has two brothers and a sister in Iran. Applicant has a property interest in Iran. Until the hearing, Applicant was unwilling to surrender his Iranian passport, although he did destroy it in the course of the hearing.. Adverse decision affirmed


Guideline E

11/28/2007

Applicant contends the SOR was misdated and that the Judge applied the wrong Guidelines as a result. Given the disparity in the date of the SOR and the answer, Applicant's contentions may have merit. Adverse decision remanded.


Financial

11/28/2007

Applicant incurred approximately $24,000 in delinquent debt. Having developed no structured plan to pay these debts, he has not mitigated the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is denied.


Financial Considerations; Personal Conduct

11/28/2007

Applicant has had a history of financial difficulties and significant overdue debts. He has reduced or eliminated by dispute many of these debts, but his overall current debt is still extremely high. Additionally, Applicant's credibility is suspect since he knew information that he provided to the Government was materially incorrect and incomplete. Mitigation has not been shown. Clearance is denied.


Guideline F; Guideline E

11/28/2007

The Judge's application of financial considerations mitigating condition 3 is not supported by the record evidence in that Applicant's financial problems are longstanding and began before the illness in question. There is a relative paucity of evidence to support the application of Financial Considerations Mitigating Condition 6. There are several reasons not to sustain the Judge's finding that Applicant had no intention to deceive. Favorable decision reversed.


Guideline F

11/28/2007

Applicant disputes a debt of $1,885 but has made no effort contact the creditor. He has made no effort to pay a debt $8,784 because it is old, unenforceable and not on his credit report. The Judge concluded that Applicant's handling of his finances casts considerable doubt on whether it is clearly consistent with the national interest to grant Applicant a clearance. The Judge's conclusion is sustainable. Adverse decision affirmed.


Financial

11/27/2007

Applicant has a history of unresolved financial problems, which are ongoing. He has done little to demonstrate that he will resolve the financial problems in a satisfactory manner. Clearance is denied.


Financial

11/27/2007

Applicant failed to mitigate the security concerns about the fact he owes more than $44,000 in unpaid credit cards and other personal credit accounts, some of which have been in collection since 2001. He has not acted to resolve his debts and presented no information showing his financial problems will not continue. Clearance is denied.


Financial

11/27/2007

Applicant has a history of financial irresponsibility. He has twelve delinquent accounts with a total approximate balance of $56,729. Of that amount, $40,509 relates to a mortgage foreclosure and $16,220 consists of ten consumer debts. Although Applicant has taken steps to resolve some of the debts, his future financial situation remains questionable. He paid some debts by taking out a 401k loan. He has not started to pay the mortgage foreclosure debt. Applicant's ability to repay all of his debtors on a timely basis is uncertain due to his recent history of failed repayment agreements. Security concerns raised under financial considerations remain. Clearance is denied.


Drugs

11/27/2007

Applicant failed to mitigate security concerns over her drug use with her history of recent marijuana use since 2002 to June 2007, including use after she completed her security questionnaire in 2006. While she claims no current use since July 2007 and plans to stop use if granted a security clearance, such a prospective promise does not sufficiently demonstrate she has mitigated concerns because of the recency of her past use and her maturity when she began use. As the evidence of current use and drug addiction is not established, the conditions that trigger the Smith Amendment have not been proven. However, security concerns persist over her recent drug use and her casual attitude towards illegal drug use. Clearance is denied.


Foreign Preference; Foreign Influence

11/27/2007

Applicant is a dual citizen of Serbia and the U.S. who actively exercised his foreign citizenship by renewing and using a Federal Republic of Yugoslavia passport after he became a U.S. citizen. He maintained his foreign citizenship in part to protect his ownership of property abroad. Foreign preference concerns are not fully mitigated by his recent surrender of his foreign passport to his employer's facility security officer. His mother, a Serbian citizen, resides with him in the U.S., but Applicant remains at risk of foreign influence because of his co-ownership with her of an apartment in Serbia and of a resort property in Montenegro, and his sole ownership of a second seaside apartment in Montenegro, which in the aggregate are valued at between 290,000 and 340,000 euros. Clearance is denied.


Financial

11/27/2007

For the last 11 years, Applicant has had significant debt problems. Twice he has resolved his old debts through bankruptcy. Since his last bankruptcy discharge 18 months ago, he has again incurred significant unpaid debt. He has not mitigated the government's concerns about his finances. Clearance is denied.


Financial

11/27/2007

Applicant's accrual of $9,500 in delinquent debt, and his failure to make a good-faith effort to satisfy or otherwise resolve them create a financial considerations security concern which he failed to mitigate. Clearance is denied.


Alcohol; Criminal Conduct

11/27/2007

Applicant has not mitigated security concerns arising from his alcohol consumption and criminal conduct due to the recency of the 2005 and 2006 incidents involving alcohol. Applicant's eligibility for a security clearance is denied.


Personal Conduct

11/27/2007

Applicant is a 51-year-old employee of a defense contractor who has a history of alcohol- related driving incidents and other offenses. He failed to mitigate the security concerns raised under personal conduct guidelines. He also intentionally falsified his security clearance application. Applicant's eligibility for a security clearance is denied.


Criminal Conduct; Financial; Personal Conduct

11/27/2007

Applicant is a 40-year-old employee of a defense contractor. His criminal history spans an eleven-year period and involves six alcohol-related charges. He still owes a significant number and amount of delinquent debts that resulted from unemployment and underemployment. Although he has stable employment and has resolved one debt and is paying off another, many of the debts remain unresolved. When he completed his security clearance application in August 2005, he did not disclose all of his past incidents of criminal conduct or delinquent debts. He mitigated the security concerns raised by his personal conduct, but failed to mitigate those concerns raised by his criminal conduct and financial considerations. Clearance is denied.


Guideline F

11/23/2007

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


Guideline F; Guideline J; Guideline E

11/23/2007

The Board reviews a Judge's decision in its entirety, not just isolated sentences, to discern what the Judge found and concluded. Absent unusual circumstances as errors in the synopsis of a Judge's decision are unlikely to be harmful. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

11/20/2007

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


Foreign Influence

11/20/2007

Applicant is a 50-year-old systems analyst who has worked for a federal contractor since 1995. He is a naturalized U.S. citizen from Hong Kong and several of his relatives are dual citizens of the U.S. and Hong Kong, including his wife. He also has other relatives that are citizens and residents of Hong Kong. Applicant failed to provide sufficient information to mitigate the security concerns raised under Guideline B, foreign influence. Clearance is denied.


Foreign Preference, Foreign Influence

11/20/2007

Applicant was born in the United States; however, he returned to Taiwan when he was five weeks old, where he grew to an adult. In 2000, after he completed his 2-years of mandatory military service in the Taiwan military, he returned to the United States. He visited Taiwan in 2001, 2002, 2003, 2005, and 2006. He has retained his Taiwan passport. His parents are citizens and residents of Taiwan. His spouse is a citizen of the Peoples Republic of China (PRC), and a permanent resident of the United States. His mother-in-law and father-in-law are citizens and residents of the PRC. Although he has substantial connections to the United States, foreign preference and foreign influence security concerns are not mitigated.


Financial

11/20/2007

A security concern was raised under financial considerations because of a charged off credit account in the approximate amount of $41,601. Unbeknownst to Applicant, his wife incurred the charges and did not pay the balance. He initially attempted to teach his wife a lesson by holding her responsible for paying the balance off. Once he understood that this might jeopardize his security clearance he settled with the credit card company and paid off the debt. He is financially responsible and has the means to pay the debt. Applicant mitigated the security concern raised under financial considerations. Clearance is granted.


Drugs; Personal Conduct

11/20/2007

Security concerns are raised under the drug involvement and personal conduct guidelines pertaining to Applicant's history of illegal marijuana use, including while holding a security clearance. He did not intentionally falsify his answers to interrogatories provided to the Defense Office of Hearings and Appeals, on June 7, 2007. He has not met his burden to mitigate the other security concern raised under personal conduct and the concerns raised under drug involvement. Clearance is denied.


Foreign Preference; Foreign Influence

11/20/2007

Applicant was born, raised, and educated in Ecuador. He has frequent contacts with family members, in-laws, and friends who are citizens and residents of Ecuador, including Ecuadorian Air Force military officers. He has lived in the United States since around 1991, and became a naturalized U.S. citizen in 2003. He has worked for a defense contractor in Colombia providing support for a government agency for the last four years. He mitigated the foreign preference security concerns. However, his favorable information is not sufficient to mitigate the foreign influence security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

11/20/2007

Applicant is a dual citizen of Lebanon and the U.S. since she acquired her U.S. citizenship in August 2003. Foreign influence concerns persist because of her close bonds to her parents and sisters who are resident citizens of Lebanon, and to her brother, a Lebanese citizen living in the United Arab Emirates. Foreign preference concerns raised by her possession and use of a Lebanese passport are mitigated by her surrender of the foreign passport. Clearance is denied.


Personal Conduct

11/20/2007

Applicant, a 48-year-old scientist with a major defense contractor, failed to mitigate personal conduct security concerns relating to failure to give accurate answers to Questions 19 and 20 on his SF 86 relating to circumstances of his leaving former employment growing out of two incidents of accessing pornography on his company computer and the type of mental health treatment received as a result of those incidents and depression. Clearance is denied.


Guideline G; Guideline E

11/20/2007

In this case the weight of the evidence that runs contrary to the Judge's finding of falsification is sufficient to render that finding unsustainable. However the Judge's unfavorable decision under Guideline G is sustainable. Adverse decision affirmed.


Guideline B

11/20/2007

Once the government presents evidence raising trustworthiness concerns, the burden shifts to the Applicant to establish any appropriate mitigating conditions. In this case the Judge noted that Applicant had presented no information several aspects of his foreign contacts. Adverse decision affirmed.


Foreign Preference; Foreign Influence

11/19/2007

Applicant's possesses an Iranian passport which he has used on three occasions since 1995 to facilitate travel to Iran to visit his parents and sister. He has a close relationship with them, talking to his parents once per week, and his sister approximately once per month. This generates foreign preference and foreign influence security concerns that he failed to mitigate at the hearing. Clearance is denied.


Financial

11/19/2007

Applicant is a painter for a defense contractor. His debts were discharged by Chapter 7 bankruptcy in 1991, and again in 2001. He now has a debt of $47,000 from the repossession of his second house that he has not paid or made any attempts to resolve. He has not provided information to mitigate security concerns raised by his irresponsible actions concerning his finances. Clearance is denied.


Financial; Criminal Conduct

11/19/2007

Security concerns raised by Applicant's financial problems are mitigated by recent actions to pay or resolve his debts. However, he was unable to mitigate security concerns about a lengthy record of arrests for assault and restraining order violations. Clearance is denied.


Criminal Conduct

11/19/2007

The Applicant has been arrested four times (twice in 1998, 2000 and 2004). Two of the arrests (1998 and 2004) did not result in charges because the Applicant did not commit the offense. For the most serious offense, in 2000, the Applicant served 30 days in jail and was on probation for three years. He has not engaged in criminal conduct since 2000 and shows considerable evidence of rehabilitation. Applicant is now eligible for a security clearance. Clearance is granted.


Financial; Personal Conduct

11/19/2007

Applicant is a 38-year-old employee of a defense contractor. His second marriage led to Applicant's financial problems, and ultimately a number of delinquent debts and judgments. Applicant has demonstrated he is financially responsible by resolving the debts. Applicant has mitigated the financial considerations concern. He did not knowingly falsify his security clearance application. Thus, he has mitigated the security concerns under personal conduct. Clearance is granted.


Criminal Conduct

11/19/2007

Between 1999 and 2005, the police arrested Applicant six times. Three arrests related to family disputes, which the court dismissed in including two not guilty findings. Applicant's most serious arrest occurred in 2002. He entered an Alfred plea to misdemeanor charges, but still maintains he did nothing wrong. The police twice arrested him for driving under the influence (DUI). The court found him not guilty of the most recent his DUI arrest. His earlier DUI is more than three years old. He has mitigated the government's security concerns regarding his criminal conduct. Clearance is granted.


Foreign Influence

11/19/2007

Applicant is 28 years old, unmarried, and is a U.S. citizen, as are his family members. His father works in the PRC for a Taiwanese auto parts company. His mother and sister live and work in the United States. Applicant came to the United States at the age of five years. Applicant mitigated the foreign influence security concern. Clearance is granted.


Financial

11/19/2007

Applicant is 39 years old, married, and has four children. He works for a defense contractor as a metal fabricator. He has $50,633 in delinquent debt from tax liens and medical debts. He resolved some of the tax liens, but none of the medical debts by his own initiative. He failed to mitigate the financial considerations security concern. Clearance is denied.


Financial; Personal Conduct

11/19/2007

Applicant is 52 years old, and divorced with three adult children. He works for a defense contractor as a security camera technician. He had 17 delinquent debts totaling about $28,000 listed in the SOR. He has a repayment plan for five debts, and owes $5,752 on the remaining twelve debts. Applicant answered the delinquent debt question on his trustworthiness applicant truthfully. Applicant mitigated the financial considerations and personal conduct trustworthiness concerns. Eligibility for a public trust position is granted.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

11/19/2007

Applicant is a 24-year-old unmarried person who works as a claims processor for a defense contractor in the health insurance business. He has several alcohol and marijuana-related arrests and incidents between 2002 and 2005. He failed to mitigate the drug involvement, alcohol consumption, personal conduct, and criminal conduct trustworthiness concerns. His eligibility for an ADP I/II/III position is denied.


Guideline H; Guideline E

11/16/2007

Applicant's drug use while holding a clearance; his equivocations as to the extent of that use, and his ambivalent statements concerning his intentions for the future do not support the Judge's favorable conclusions. Favorable decision reversed.


Guideline F

11/16/2007

There is a paucity of evidence demonstrating a nexus between Applicant's medical conditions and the substantial unpaid debts she has amassed since her discharge in bankruptcy. Favorable decision reversed.


Guideline F; Guideline

11/16/2007

Hearing Office decisions are binding neither on other Hearing Office Judges nor on the Appeal Board. Adverse decision affirmed.


Guideline J; Guideline E

11/16/2007

Once the government presents evidence raising security concerns the burden is on the applicant to establish mitigation. The government need not wait until an applicant actually mishandles classified information before it can deny or revoke access to such information. Adverse decision affirmed.


Financial; Personal Conduct

11/15/2007

This 57-year-old security officer has a history of financial problems that continues to exist. She has not made any significant effort to resolve most of her 17 delinquent debts. She intentionally answered "No" to two financial-related questions on her security clearance applications(SF 86) when she admittedly knew of the debts. Mitigation has not been established. Clearance is denied.


Guideline B

11/14/2007

The precedential value of Board decisions is affected to the extent those decision involve interpretation of a provision of the Directive that is later revised or changed. Statements by the Board in earlier decisions that are predicated on then-existing language in the Directive cannot be simply assumed-by a Judge or a party- to be applicable in later cases after the pertinent provision(s) of the Directive have been revised or changed. Adverse decision remanded.


Guideline F

11/14/2007

The Appeal Board does not review cases de novo. Adverse decision affirmed.


Guideline E

11/14/2007

The Board cannot determine with confidence that the Judge based his decision on available record evidence . The Judge's language in footnote 2 of the decision suggests that the Judge may well have excluded or seriously discounted relevant record evidence without adequate justification. Favorable decision remanded.


Alcohol

11/13/2007

Applicant is a 40-year-old administrative assistant and finance manager employed by a federal contractor. He established a pattern of alcohol abuse over a 20-year period, resulting in five alcohol related traffic offenses (December 1987, July 1992, June 1998, June 2001, and February 2005.) After attending alcohol awareness, education, and rehabilitation programs, he still continued to drink. He failed to successfully mitigate the security concerns about alcohol consumption. Clearance is denied.


Criminal Conduct

11/13/2007

Applicant's 2004 and 2005 assault charges led to a criminal conduct security concern. Both incidents stemmed from domestic issues involving either his wife or his wife's ex-husband. For the past two years, Applicant has attended marital and anger management counseling. Also, he has resolved the issues that caused the confrontation with his wife's ex-husband. He has mitigated the security concern. Clearance is granted.


Financial

11/13/2007

Between 1987 and 2006, Applicant accrued approximately $70,000 of debt consisting primarily of unpaid state and federal income taxes. All remain outstanding. Notwithstanding the fact that much of his financial problems were caused by personal tragedies, health crises, and employment downturns, it is too soon to conclude that they no longer pose a security risk. Clearance is denied.


Financial

11/13/2007

By launching her Chapter 13 bankruptcy plan in February 2007 before she officially received notice her security clearance application was in jeopardy, and by substantiating seven regular payments under the plan, Applicant has exercised good judgment in demonstrating she is serious about eradicating her financial troubles. Her persuasive character evidence tells me she will successfully complete the plan while taking the appropriate steps to ensure the financial setbacks do not recur. Clearance is granted.


Financial

11/13/2007

Applicant, a 56-year-old employee of a defense contractor in the medical service field, has been employed since 2006 at $26,000 per annum. She worked as a civilian employee of the Army for 21 years and held a security clearance for most of that time. She lost her job in 1992 for a medical disability. During unemployment for 13 years she received a small annuity, workers compensation, and public assistance with very little income until becoming able to work and obtaining her present employment. During this period, her income was never more than half her present income and often much less. She accumulated delinquent debts of approximately $46,000 which, through no fault of her own, she is unable to pay. She has now received credit counseling and has taken steps to file Chapter 7 bankruptcy to resolve the delinquencies. Clearance is granted.


Security Violations; Personal Conduct; Criminal Conduct

11/13/2007

It was alleged Applicant was involved in security violations, falsified and misrepresented material facts on his security clearance applications and during interviews. I find there were no security violations or intentional falsifications. The record evidence is sufficient to mitigate or extenuate the negative security implications listed in the SOR. Clearance is granted.


Guideline B

11/09/2007

The Judge does not relate her own findings regarding the totalitarian nature of the People's Republic of China and its intelligence gathering efforts to the issue of whether it is likely that Applicant could be placed in a position to choose between the PRC and the United States. The Judge does not address the evidence of the PRC's hostility to Applicant's family in China and the heightened concern that his parents and in-laws could come to the attention of the government. The Judge's conclusion that neither Applicant nor his parents are likely to be vulnerable to foreign exploitation has no rational basis in the record evidence. There is record evidence that Applicant has close ties to his parents and in-laws, undermining the application of Guideline 8(b). Favorable decision reversed.


Guideline G; Guideline E

11/09/2007

Applicant challenges the Judge's statement that Applicant denies he has a problem with alcohol, relying on portions of his testimony and a cover letter. The Judge must consider Applicant's statement in light of the record as a whole. Adverse decision affirmed.


Guideline J; Guideline E

11/09/2007

A Judge can find an applicant has engaged in Criminal conduct even if criminal charges were dropped or dismissed. Adverse decision affirmed.


Guideline G; Guideline E

11/09/2007

Applicant's record of alcohol related incidents from 1997 to 2005 include incidents after an alcohol treatment program, after a statement to the DSS asserting that his alcohol consumption "is basically none" and after assuring that he was committed to sobriety in light of his family obligations. Applicant has yet to demonstrate a tangible track record of responsible use of alcohol. Favorable decision reversed.


Guideline F

11/07/2007

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


Guideline H

11/07/2007

The Judge failed to address significant evidence which ran contrary to her favorable conclusions. Specifically that Applicant's last admitted drug use, in 2005, was after she had submitted her security clearance application and after she had submitted to a drug test. Applicant's own testimony also undercuts claims to have a demonstrated intent not to use drugs. Favorable decision reversed.


Guideline F

11/07/2007

Applicant still had significant delinquent debt at the time of the hearing. Adverse decision affirmed.


Foreign Influence; Foreign Preference

11/06/2007

Applicant is a 47 year-old naturalized United States citizen, who was born in Lebanon in 1960 and moved to the U.S. in 1980. His wife, daughter, two brothers and one sister are all United States citizens and residents. Applicant's mother and parents-in-law are citizens and residents of Lebanon. None of these family members belong to, participate in, or are active with any government agency of Lebanon. They do not constitute an unacceptable security risk, because Applicant has such deep and longstanding relationships and loyalties in the U.S., that he can be expected to resolve any conflict of interest in favor of the U.S. Mitigation has been shown. Clearance is granted.


Guideline F

11/02/2007

The ultimate burden of persuasion to obtain a favorable trustworthiness determination rests with the Applicant. There is a rebuttable presumption that quasi-judicial officials are unbiased and impartial. A party seeking to rebut that presumption has a heavy burden on appeal. The Adjudicative Guidelines apply to all adjudications and other determinations made under DOD Directive 5220.6. Adverse decision affirmed.


Guideline F

11/02/2007

Applicant's history of not meeting financial obligations over many years and current debts outstanding support the Judge's conclusion that Applicant has ongoing financial problems. Adverse decision affirmed.


Guideline B

11/02/2007

The Judge found that Applicant's mother, father brother and sister-in-law are citizens and residents of China Further the Judge found that Applicant had traveled to China for over a year in 2003-4. On appeal Applicant offers new evidence regarding her parents' status and her dates of travel. Applicant requests that the Board set aside the Judge's decision in light of the new evidence. The Board cannot grant the relief requested. Adverse decision affirmed.


Guideline H

11/02/2007

Jurisdictional defects can be raised at any point in a DOHA proceeding including for the first time on appeal. The matters submitted by Applicant raise a serious legal issue which cannot be resolved without fact finding beyond the record. Adverse decision remanded.


Personal Conduct; Criminal Conduct; Sexual Behavior

11/01/2007

Applicant's credibility and trustworthiness is extremely suspect, as he has not been truthful or candid with information regarding his illegal drug usage that he furnished to the United States Government on three separate Security Clearance Applications (SCA). He also used illegal chemical substances while possessing a security clearance. Finally, he engaged in illegal sexual conduct. Mitigation has not been shown. Clearance is denied.


Financial

10/31/2007

Applicant incurred approximately $16,572 in delinquent debt, including many charged off collection accounts. He provided documentation concerning his payments in his repayment plan to his creditors, and thus mitigated the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is granted.


Financial

10/31/2007

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


Financial; Personal Conduct

10/31/2007

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


Drugs

10/31/2007

Applicant is a 26-year-old software developer employed by a federal contractor He used marijuana an average of two times per year from 1995 to 2003. Since then he has a demonstrated his intent not to abuse any drugs in the future by disassociation from drug-using associates and contacts, changing the environment where drugs were used, and an appropriate period of abstinence. He successfully mitigated the security concerns about drug involvement. Clearance is granted.


Financial; Personal Conduct

10/31/2007

Applicant's lingering financial delinquencies and his falsification of his security clearance application generate security concerns that he failed to mitigate at the hearing. Clearance is denied.


Financial

10/31/2007

Applicant is a 42-year-old project controller employed by a federal contractor. He married for the second time in 2000. From the outset, his wife had numerous judgments entered against her, wrote several insufficient funds checks, and was totally irresponsible in handling their financial affairs. He filed a Chapter 13 bankruptcy in 2001, which was dismissed in 2003, followed by his filing a Chapter 7 bankruptcy, and having his debts discharged in December 2003. He thereafter incurred over $30,000 in delinquent debts. He commenced repayment of creditors one month prior to the hearing. He did not successfully mitigate the trustworthiness concerns about financial considerations. Applicant's eligibility for assignment to a sensitive position is denied.


Foreign Influence

10/31/2007

Applicant is a 53-year-old engineer working for a defense contractor. Married to a Chinese national and with in-laws who are residents and citizens of China, he introduced no evidence and presented scant argument mitigating foreign influence security concerns. Clearance is denied.


Alcohol; Drugs; Personal Conduct

10/31/2007

From 1998 to February 2006, Applicant consumed and sometimes binged on alcohol to the point that his judgment was impaired as evidenced by his illegal use of drugs in at least 11 different occasions. There is no evidence of illegal drug use or excessive alcohol consumption since February 2006. Considering the evidence as a whole, his favorable information is not sufficient to mitigate the security concerns raised by his behavior under the Guidelines for alcohol consumption, drug involvement, and personal conduct. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

10/31/2007

Applicant is a 46-year-old security receptionist employed by a federal contractor. She has established a pattern of criminal charges over a 15-year period, and she currently is on probation. She falsified answers on a security clearance application. She has a history of unpaid debts. She did not successfully mitigate the security concerns about criminal conduct, personal conduct, and financial considerations. Clearance is denied.


Personal Conduct; Criminal Conduct

10/31/2007

Applicant is a 26-year-old software developer employed by a federal contractor. Applicant was arrested or charged six times over a four-year period with various offenses, including: four times for possession of marijuana, twice for underage possession of alcohol, and twice for DWI. He admitted using marijuana from 1997 to 2004, a seven year period. He was a habitual user. Even though he went through rehabilitation, he continued to use marijuana and alcohol He failed to mitigate the security concerns about criminal conduct. The government did not establish its case about personal conduct. Clearance is denied.


Foreign Preference; Foreign Influence

10/31/2007

Applicant, a native of Taiwan, acquired U.S. citizenship in January 1997 after living in the U.S. since early 1982. From 1995 to 2005, he operated his own consulting business in the U.S. While he provided translation services to a Taiwanese company maintaining a satellite ground station built by U.S. companies, he had several U.S. clients as well, and his work predated his U.S. defense contractor employment. Applicant obtained a Taiwanese passport in about 1998 for convenience when traveling between the U.S. and Taiwan to care for his ill mother. The foreign preference concerns are mitigated by the destruction of the Taiwanese passport with expressed renunciation of Taiwanese citizenship. Foreign influence concerns exist because of the Taiwanese residency and citizenship of his father and brother, but Applicant is likely to resolve any conflict in favor of the U.S. where he and his mother make their home. Clearance is granted.


Foreign Influence; Foreign Preference

10/31/2007

The foreign influence concerns raised by Applicant's 64-year-old brother (a resident citizen of Turkey) have been mitigated. On the other hand, Applicant's clear intention to keep and use his foreign passport (which does not expire until June 2011) has not been mitigated. Clearance is denied.


Financial

10/31/2007

Applicant has a history of financial irresponsibility resulting in a Chapter 7 bankruptcy filed in December 2003 and discharged on March 18, 2004. He incurred several delinquent debts post-bankruptcy, including a $13,000 car loan that has been charged off. Although Applicant entered into a repayment agreement with one of his debtors, he has provided insufficient proof that he is making a good faith effort to resolve the car loan debt, even though he still drives the car. He has not mitigated the security concerns raised under financial considerations. Clearance is denied.


Financial

10/31/2007

Applicant's delinquent financial indebtedness partially caused by episodes of poor judgment and partially caused by circumstances beyond his control, is currently being paid through Chapter 13 Bankruptcy. He has made a good faith effort to resolve his indebtedness and shown that he is now financially responsible. Clearance is granted.


Criminal Conduct; Personal Conduct

10/31/2007

Applicant's history of criminal conduct consisting of five arrests over a six-year period, four of which involved physical altercations requiring law enforcement involvement, and deliberate falsification of his security clearance application raised criminal and personal conduct concerns. Although Applicant submitted evidence of good character/job performance, he was unable to overcome or sufficiently mitigate concerns raised. Clearance is denied.


Foreign Influence; Financial

10/31/2007

Applicant was born and educated in Iraq, and later moved to Kuwait. In 1991, he and his immediate family immigrated to the United States to escape persecution from Saddam Hussein who invaded Kuwait. They became U.S. citizens in 2003, the same year he began his current position with a federal contractor. From 2006 to 2007, he worked in Iraq as a translator and civil engineer for the U.S. Army. Two siblings live in Iraq where they are under constant threat of persecution because of their religion. He paid or resolved the delinquent debts alleged in the Statement of Reasons. He mitigated security concerns pertaining to financial considerations, but not those pertaining to foreign influence. Clearance is denied.


Financial; Personal Conduct

10/31/2007

Applicant is a 51-year-old contract program security officer employed by a federal contractor. He failed to file income tax returns for tax years 2000, 2001, 2002, and 2003, even though the returns were prepared by a professional income tax preparer. He did not have sufficient funds at the time the returns were due. In 2004, he filed all delinquent returns. He has paid over one-half of the $65,000 due the Internal Revenue Service (IRS). His actions were irresponsible but not done with the intent to defraud the government. He successfully mitigated the security concerns about financial considerations. None of the evidence raises separate security concerns under the guideline for personal conduct. Clearance is granted.


Financial; Personal Conduct

10/31/2007

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


Financial; Personal Conduct

10/31/2007

Applicant has a history of unresolved financial problems, which is ongoing. He has done little to demonstrate that he will resolve the financial problems in a satisfactory manner. In addition, he made multiple false statements about his background on a security-clearance application. Clearance is denied.


Foreign Influence

10/31/2007

Applicant's mother and nine siblings are citizens of Morocco. One sibling is a high- ranking Moroccan government official. Applicant has strong ties of affection to these immediate family members. He maintains regular, close contact with them. Determination of Trustworthiness is denied.


Financial

10/31/2007

Applicant, a 40-year-old shipyard worker employed by a government contractor, mitigated security concerns arising from five alleged delinquent debts by establishing that three of the allegations related to one credit card debt that was been paid. The remaining two debts to a bank and a municipal government were also paid. Clearance is granted.


Security Violations; Personal Conduct; Outside Activities

10/31/2007

This 63-year-old engineer has a history of failing to comply with rules and regulations for protecting classified material, but the violations ended in about April 2004. On his 2004 security clearance application, he failed to report a long period of part-time self employment that paralleled his full-time main position with a defense contractor. This activity continued for some 30 years and was known by friends and colleagues. He averred that he was not aware he was doing anything wrong, until informed by a Government investigator, at which time he ceased operations. It is not clear his outside activities were of a nature that violates Guidelines E and L restrictions. Mitigation has been established. Clearance is granted.


Foreign Influence; Foreign Preference

10/30/2007

The Applicant is a dual citizen of Iran and the United States. He has expressed a willingness to renounce his Iranian citizenship and he has surrendered is Iranian passport. Despite this, he has significant family ties in Iran that could raise a security concern. Clearance is denied.


Financial

10/30/2007

The Applicant's separation and divorce, job lay-off, cancer diagnosis, and related complications caused her delinquent debts. Since then she has consolidated her debts and is paying them off on a regular monthly basis. She has made a good faith effort to resolve her debts. A determination of trustworthiness and access to sensitive personal information is granted.


Financial; Personal Conduct

10/30/2007

Applicant's financial indebtedness remains outstanding. He has only recently entered into a debt management program to assist him in resolving his indebtedness and as of yet has made only one payment toward the program. More time is needed to show that he is financially responsible. His intentional falsifications on his security clearance application concerning his delinquent financial history has also not bee mitigated. Clearance is denied.


Foreign Influence

10/30/2007

Applicant was born in the Republic of China (Taiwan) in 1980, and moved to the United States in 1995 with her parents and her sister. They all became naturalized United States citizens in 2003, and they all reside in the U.S. Applicant's husband is a U.S. born citizen. Applicant's family members, including her grandfather, both grandmothers, uncle, and cousin are citizens and residents of Taiwan. They do not constitute an unacceptable security risk, because Applicant has such deep and longstanding relationships and loyalties in the U.S., that she can be expected to resolve any conflict of interest in favor of the U.S. Mitigation has been shown. Clearance is granted.


Foreign Preference; Foreign Influence

10/30/2007

The Applicant is a dual citizen of Iran and the United States. He surrendered his expired Iranian passport to his security officer, however, he is not willing to renounce his Iranian citizenship. Clearance is denied.


Guideline H; Guideline E

10/30/2007

The federal government need not wait for an applicant to mishandle classified information before it can deny or revoke access to such material. Adverse decision affirmed.


Guideline J; Guideline E

10/30/2007

Hearing Office decisions in other cases are not binding on the Board or on other Hearing Office Judges. Adverse decision affirmed.


Guideline H; Guideline E

10/30/2007

The Board does not review a case de novo. Given the record before the Judge, her unfavorable decision is sustainable. Adverse decision affirmed.


Drugs; Personal Conduct

10/29/2007

From 2003 to August 2006, Applicant used marijuana about seven times. In 2006, she failed to disclose an arrest for underage possession of alcohol as required on her Security Clearance Application. She subsequently provided a false explanation for failing to disclose this arrest. Security concerns pertaining to drug involvement are mitigated; however, security concerns relating to personal conduct are not mitigated. Eligibility for a security clearance is denied.


Foreign Preference; Foreign Influence

10/29/2007

Applicant was born in the United States. His father was a U.S. Army soldier assigned to Germany who retired in Germany after 24 years of service. His mother is a German citizen. Applicant grew up and was educated as a German citizen. He is 30 years old and has lived the last 24 years of his life exercising the rights, privileges, and obligations of a German citizen. Applicant's ties and connections to Germany are stronger than his ties and connections to the United States. His favorable information is not sufficient to mitigate the foreign influence and foreign preference security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

10/29/2007

Applicant is a highly educated 43 year old Programmer Analyst who was born in Jordan in 1964, and met her future American-born husband while here for a college program in 1992. She moved here, married, and completed her MBA in 1995. She became a U.S. citizen in 2002. She has renounced her Jordanian citizenship and surrendered her expired Jordanian passport. Her elderly mother and sisters are still citizens and residents of Jordan. He closet ties are with her mother. She has no other emotional, financial, or other ties to Jordan. Her ties to the U.S. are both deep and strong. She credibly avers prompt reporting of any inappropriate contacts regardless of the source. Mitigation has been established. Clearance is granted.


Foreign Influence; Foreign Preference

10/29/2007

Applicant is a 58-year-old married man who with his wife and three children left Russia for a better life in the U.S. in 1997. He and his entire family became U.S. citizens. Applicant was not subject to foreign influence or preference, notwithstanding his ties to Russia through two of his wife's relatives and a childhood friend living there. Applicant's commitment and ties to the U.S. are so substantial that he can be expected to resist and report any potential foreign influence or preference concerns. Clearance is granted.


Financial

10/29/2007

Applicant, a 50-year-old training instructor for the Army employed by a defense contractor, mitigated financial security concerns arising from IRS tax delinquencies for four tax years arising because of underemployment for a four year period after he retired from the Army. Payments have been made and are continuing under a payment plan for the $7,500 balance due worked out by Applicant and the IRS. Clearance is granted.


Personal Conduct; Financial

10/29/2007

Security concerns raised by Applicant's financial problems are mitigated by recent changes in his financial condition and by the fact they were due to circumstances beyond his control. However, he was unable to satisfactorily explain several omissions of information about his finances from a security clearance application he submitted in March 2007. Clearance is denied.


Alcohol

10/29/2007

Applicant has a history of alcohol dependence. It includes alcohol-related incidents in 1999 and 2004, and a history of counseling and treatment. He was in a codependent relationship with his wife for many years of their marriage. He separated from his wife in 2005, and he relocated to another state where he has worked for his current employer. His divorce was final in 2006. He has been nearly alcohol free since mid-2006, and he has not consumed alcohol since December 2006. He completed a nine-week substance abuse outpatient program in June 2007, and he is continuing with an after-care program. He is now maintaining his sobriety and has a good understanding of his situation. Clearance is granted.


Foreign Preference; Foreign Influence

10/26/2007

Applicant is 29 years old, unmarried, and works as an electrical engineer for a defense contractor. He and his family come from the Middle East, specifically Jordan. Three brothers and Applicant came to the United States over the past 20 years to obtain an education, to live, and to work. Applicant mitigated the foreign preference and foreign influence security concerns. Clearance is granted.


Foreign Influence; Foreign Preference

10/26/2007

Applicant was born, grew up, and was educated in Taiwan. She immigrated to the United States sometime in the 1980s. She became a naturalized U.S. citizen in 2005. Applicant's ties of affection and/or obligation and contacts with her sisters who are citizens and residents of Taiwan, pose an unacceptable security risk. Her favorable information is not sufficient to mitigate the foreign influence security concerns. Clearance is denied.


Financial

10/26/2007

Applicant has approximately $14,094 in delinquent debt and a $60,452 student loan account that was in deferment. Approximately $10,651 of the delinquent debt are medical accounts related to past and current health issues. Several factors beyond Applicant's control have caused and continue to cause financial problems for her. She fully disclosed her financial situation when she completed her trustworthiness application. She does not live above her means. Under her current circumstances, she has acted responsibly. Trustworthiness concerns are mitigated. Applicant's eligibility for an assignment to a sensitive position is granted.


Financial

10/26/2007

Applicant owes more than $15,400 in delinquent state taxes that came due each year from 1986 to 1991. She has not incurred additional delinquent taxes or other delinquent debt in 15 years. Despite a stated intention to resolve these debts, she provided no documentation of such efforts, and no other evidence in mitigation of security concerns raised by her history of, and ongoing inability or unwillingness to meet financial obligations imposed by government regulation. Clearance is denied.


Financial; Alcohol; Personal Conduct

10/26/2007

Applicant's history of excessive alcohol consumption and financial management problems have resulted in six convictions for driving while intoxicated and the accrual of approximately $33,000 in delinquent debt. He intentionally omitted this information from a security clearance application in 2004. These issues generate security concerns that he failed to mitigate. Clearance is denied.


Personal Conduct; Criminal Conduct

10/26/2007

Applicant failed to mitigate personal conduct security concerns arising from deliberate failure to list on his 2003 SF 86 at Question 26 three criminal charges occurring between 2000 and 2002. He also failed to report at Question 40 his application for a restraining order filed by him against his wife in 2003. He attributed the omissions to advice given to him by his corporate security staff to omit the information, but to report it to an investigator when he was interviewed. However, when he was interviewed by two investigators, he reported the information to the first but only after being asked about it, and told the second one that he had reported the information on his SF 86. He mitigated criminal conduct security concerns arising from the same incidents he failed to reveal because of the passage of time and no further incidents since 2002. Clearance is denied.


Foreign Influence

10/26/2007

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.


Financial; Personal Conduct

10/25/2007

Applicant's credit reports list approximately $27,000 of delinquent debt. Although she disputes all except one, she failed to provide documented proof substantiating the basis of her disputes, and has not taken any action to resolve the one she acknowledges. Clearance is denied.


Financial

10/25/2007

Applicant has a history of unresolved financial problems, which are ongoing. She has done little to demonstrate that she will resolve the financial problems in a satisfactory manner. Clearance is denied.


Financial

10/25/2007

Applicant filed for Chapter 7 bankruptcy in December 1997. In April 1998, she withdrew the bankruptcy filing, and resolved the debts on her own. From 2001 to December 2006, Applicant encountered additional financial problems. She assumed responsibility for supporting her mother who has serious health issues but no health insurance. During this period, she incurred 17 delinquent debts with a total balance of $9,666, and her family home was foreclosed. In December 2006, her mother qualified for disability and medicare insurance and no longer depends on Applicant for support. Applicant accepted a better paying job in another state and has systematically attempted to resolve her delinquent accounts. She mitigated the trustworthiness concerns raised under financial considerations. Applicant's eligibility for an assignment to a position of public trust is granted.


Foreign Preference; Foreign Influence; Financial

10/25/2007

Applicant was born in Lebanon, came to the U.S. in 1983 to further his education, and became a U.S. citizen in 2002. He obtained a loan from a private foundation in Lebanon to finance part of his education, but has not repaid the loan. He kept his Lebanese passport after becoming a U.S. citizen, and he used it several times to visit Lebanon. After his parents died, he inherited two apartments, a family home, and a farm in Lebanon. His wife is a citizen of Lebanon residing with him in the U.S.. His brother, half-sister, mother-in-law, father-in-law, and brother-in-law are citizens and residents of Lebanon. He has refuted the allegation of financial delinquency, but he has not mitigated security concerns based on foreign preference and foreign influence. Clearance is denied.


Financial

10/25/2007

While engaging in binge drinking for about eight years, Applicant encountered three alcohol-related incidents between February 1995 and November 2003. He was diagnosed alcohol dependent in December 2003. Though the current period of abstinence precludes Applicant from overcoming the adverse guidelines under alcohol consumption, I find for Applicant under the whole person model based on good faith efforts he has taken to foster a network that strengthens his life of sobriety. Because he does not want to lose his wife or career, Applicant has convinced me he will stay the course for long-lasting recovery. Clearance is granted.


Financial

10/25/2007

While he has limited income, Applicant documented no actions to resolve any of his admitted debts to six creditors for over $17,000. He has a history of not paying his bills. He failed to develop and then implement a plan to resolve them despite a promise to do so in 2004 and again in 2007. Applicant failed to mitigate the government's concerns under Guideline F. Eligibility for trustworthiness is denied.


Drugs

10/24/2007

Applicant began abusing drugs when he was about 12 years old, and he continues to use marijuana. He has not mitigated the security concerns based on drug involvement, and he is ineligible for a clearance under 10 U.S.C. 986(c)(2). Clearance is denied.


Foreign Influence

10/24/2007

Applicant emigrated from Kurdistan, Iraq to the United States in 1962 to attend school. He became a U.S. citizen in 1972. His wife is a resident alien of the United States, awaiting citizenship. They have five children, three of whom were born in the United States. One of the children is a citizen resident of Canada. One of the U.S. born children lives in the United Arab Emirates with her Iraqi husband. Applicant(s brother and mother-in-law are citizen residents of Kurdistan, Iraq. Applicant worked in Iraq from 1976 until 1994 on a special project for the Iraqi government and then worked in Jordan for a short time. In 1995, he returned home to the United States. From 2003 to 2006, he worked in Iraq as a translator for the U.S. Army. He has much stronger ties to the United States than to Iraq. He mitigated security concerns pertaining to foreign influence. Clearance is granted.


Guideline C; Guideline B

10/24/2007

The Judge noted Applicant's retention of his Iranian passport with intent for future use as well as his retention of Iranian citizenship. The Judge considered these matters in light of Iran's hostility to US interests. Based on these findings the Judge's adverse decision is sustainable.


Foreign Preference; Foreign Influence; Financial; Personal Conduct

10/24/2007

Applicant's potential vulnerability to coercion through his relatives who are Iranian citizens and residents generates a security concern. Upon analyzing his strong character and his longstanding ties to the United States, in tandem with the fact that he previously overcame intimidation and coercion from the Iranian government, I conclude he has mitigated the security concern. Clearance is granted.


Guideline F; Guideline E; Guideline J

10/24/2007

The Judge was not bound, as a matter of law, to accept or reject Applicant's explanation for his failure to disclose information. The Judge's unfavorable findings are sustainable. Adverse decision affirmed.


Guideline F

10/24/2007

The Board's review of a Judge's findings is limited to determining if they are supported by substantial evidence such evidence as a reasonable mind might accept to support such a conclusion in light of all the contrary record evidence. In this case the Judge found that Applicant had a history of not meet financial obligation which extended over many years. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

10/24/2007

Since 2005, approximately $16,600 of disputed, delinquent debt has appeared on Applicant's credit reports. In January 2007, after his efforts at resolving the disputes were unsuccessful, he retained an attorney to help him. Since then, nearly half of the disputed delinquencies have been deleted from his credit report, and he is continuing to work with his attorney to resolve the remainder. He has mitigated the security concerns. Clearance is granted.


Guideline C; Guideline B; Guideline E

10/24/2007

Department Counsel's argument that the Judge gave insufficient attention to the repressive nature of the Iranian government and its hostility to the US. Also of importance is the fact that Applicant's family has recently been targeted by the Iranian government. Furthermore the Judge's conclusion that Applicant's contacts are casual and infrequent are not sustainable on these facts. Nothing in the Directive gives the Board jurisdiction or authority to pass judment on the wisdom or desirability of guidance provided by the Under Secretary of Defense. Favorable decision reversed.


Financial Considerations

10/23/2007

Applicant has had a history of financial difficulties. He has paid off or is paying the majority of his debts, and he has a plan to resolve any remaining overdue debt, that is not in dispute. His financial situation is stable and current. Mitigation has been shown. Clearance is granted.


Financial

10/19/2007

The Applicant's debt problems occurred between 2000 and 2004. During that period, he had work and family issues that caused him to fall behind on some of his debts. Of the debts listed in the SOR, seven have been paid off, two are duplicates of paid debts, and four others he denies and disputes. He has satisfactorily resolved his past due indebtedness, and evinces a credible intent not to have similar debt problems in the future. Clearance is granted.


Foreign Preference

10/18/2007

Applicant became a U.S. citizen in 2003. He continues to maintain his Swedish citizenship and hold an active Swedish passport, which he uses for travel to Sweden. He declines to renounce his Swedish citizenship or destroy, return, or otherwise invalidate his Swedish passport. Applicant has not mitigated the government's security concerns under Guideline C. Clearance is denied.


Foreign Influence

10/18/2007

Applicant was born in Taiwan, and his wife was born in the People's Republic of China (PRC). Both came to the U.S. on student visas in the 1990s and both recently became U.S. citizens. Applicant's parents and three siblings are citizens and residents of Taiwan. His mother-in-law and father-in-law are citizens and residents of the PRC. Security concerns based on foreign influence are not mitigated. Clearance is denied.


Drugs

10/18/2007

Applicant is a 22-year-old college student. She has a history of illegal drug use, including using marijuana after she applied for a security clearance and while employed by a federal contractor. She has made a commitment to abstain from future drug use. However, under the circumstances not enough time has elapsed to ensure she has reached a level of maturity to maintain her commitment. Applicant failed to mitigate the security concerns raised by Guideline H, Drug Involvement. Clearance is denied.


Financial

10/18/2007

Applicant is 54 years old and has worked as a rigger for a defense contractor since 1973. He has about $27,765 in delinquent debt, and of that amount, $2,270 has been paid. He is contemplating filing a Chapter 13 bankruptcy petition but has not yet committed to do that. For the past seven months, Applicant has been working seven days a week. The money he earned was not earmarked for his delinquent debts. He financially assisted his children, ages 25 and 22, and his girlfriend. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Foreign Preference; Foreign Influence

10/18/2007

Applicant failed to mitigate the security concerns raised by his close ties to family members who are citizens of and reside in Iran, and by his acquisition and possession of an Iranian passport after he became a U.S. citizen. Clearance is denied.


Foreign Influence

10/18/2007

Applicant's mother, father, brother, and sister are citizens and residents of the People's Republic of China (PRC). From approximately 1980 to 1983, her father was employed in an official capacity by the government of the PRC. After becoming a U.S. citizen in 2001, Applicant traveled to the PRC twice in 2002 and once in 2004. Applicant failed to mitigate security concerns under Guideline B, Foreign Influence. Clearance is denied.


Financial

10/18/2007

Applicant has a history of unresolved financial problems. He has done nothing to demonstrate that he will resolve the financial problems in a satisfactory manner. Clearance is denied.


Financial

10/18/2007

Applicant has failed to take any meaningful action to satisfy or otherwise resolve the approximately $20,000.00 in delinquent debt she has carried for about the past six years. Clearance is denied.


Financial

10/18/2007

Applicant is a 25-year-old mother of four children who has worked for a federal contractor since January 2006. She has more than $29,500 in delinquent debts that she has not made any payments on since 2004. She admitted she does not have the means to resolve the debts at this time. She stated she was looking into different actions to help her finances, but provided no substantiated information that she actually pursued any actions. Applicant failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. I find that it is not clearly consistent with the interests of national security to grant or continue Applicant's eligibility for an ADP I/II/III position. Eligibility is denied.


Alcohol; Personal Conduct

10/18/2007

Applicant is 27 years old, unmarried, and works for a defense contractor in the health insurance business as a claims resolution processor. She has two disorderly conduct arrests, and two driving while intoxicated arrests. Applicant did not mitigate the alcohol consumption trustworthiness concern. She did mitigate the personal conduct trustworthiness concern. Eligibility for a public trust position is denied.


Financial

10/18/2007

Applicant incurred approximately $18,570 in delinquent debt, including many charged off collection accounts. Applicant owes approximately $6,000 for tax year 2003 to the Internal Revenue Service (IRS). She provided no information concerning a structured plan to pay her creditors, and thus failed to mitigate the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is denied.


Guideline F; Guideline E

10/18/2007

The record as a whole does not support the Judge's conclusion that Applicant has met her burden of persuasion. Applicant's history of bad debts and scarce evidence of timely remedial action undermine the Judge's favorable holdings. Favorable decision reversed.


Alcohol

10/18/2007

Applicant's alcohol problem has not been mitigated due to his pattern of alcohol-related incidents, and his binge drinking to the point of impaired judgement. Though more than two years has passed since his most recent alcohol-related incident in December 2004, Applicant provided little or no evidence to show the measures taken to resolve his abusive use of alcohol. Application for a public trust position is denied.


Financial

10/18/2007

Though Applicant receives some mitigation for filing Chapter 13 petitions in 2003 and 2004, and making several payments under each petition, the mitigation is substantially reduced by the eventual dismissal of both petitions. Without current evidence in explanation, extenuation, or mitigation of her indebtedness, Applicant has failed to meet her burden of showing she is eligible for assignment to a sensitive position. Application for public trust position is denied.


Guideline B; Guideline E

10/18/2007

Applicant's disagreement with the Judge's weighing of the record evidence or an ability to argue for a different interpretation of the evidence is not sufficient to demonstrate error.


Guideline K

10/17/2007

Applicant committed numerous security violations over a nine year span. Adverse decision affirmed.


Guideline B; Guideline J; Guideline E

10/17/2007

The Judge's conclusion that Applicant knowingly committed a falsification is a reasonable interpretation of the record evidence. Adverse decision affirmed.


Sexual Behavior; Personal Conduct; Criminal Conduct

10/15/2007

From approximately 1993 to 2003, Applicant solicited and purchased the services of prostitutes around 18 times. His behavior raised security concerns under the personal conduct, sexual behavior, and criminal conduct adjudicative guidelines. His favorable information, evidence of rehabilitation, and the passage of time are sufficient to mitigate the security concerns raised by his behavior. Clearance is granted.


Financial; Criminal Conduct

10/15/2007

Applicant is 30 years old and employed by a federal contractor. He accumulated a number of debts over the past eight or nine years that he has not resolved or paid. Some of the debts are owed to the court for numerous traffic citations and a minor criminal offense. He failed to mitigate the security concerns raised by financial considerations and criminal conduct. Clearance is denied.


Criminal Conduct; Alcohol

10/15/2007

Applicant has mitigated security concerns arising from the criminal conduct incidents of domestic violence through the passage of time and rehabilitation. Applicant also mitigated the alcohol consumption security concerns. Applicant's eligibility for a security clearance is granted.


Financial

10/15/2007

Applicant is 47 years old, married with two adult children. She has worked for a defense contractor in the health insurance area as a claims support adjuster for the past three years. She incurred delinquent debts before a move to her current state and town of residence, coupled with her husband's loss of employment for periods of time over the past seven years. She is repaying her debt according to her own plan. She mitigated the financial considerations trustworthiness concern. Eligibility for a Public Trust position is granted.


Financial; Personal Conduct

10/15/2007

Applicant is 37 years old, and works for a defense contractor. He has multiple delinquent debts which he has not paid or resolved. He deliberately failed to disclose the delinquent debts on his security clearance application. Applicant failed to mitigate the financial considerations and personal conduct security concerns. Clearance is denied.


Financial

10/15/2007

Applicant, a 27-year-old employee of a defense contractor, accumulated delinquent debts as a result of a severe injury in 2001 that precluded his work as an installer of office structures. He has since taken action to pay or settle all but two of the debts, has offered a substantial partial payment to one creditor, and is in negotiation with the second one. He lives within his means and has mitigated security concerns by his actions to resolve the security concerns. Clearance is granted.


Financial

10/15/2007

Applicant has three delinquent debts totaling $11,759. In her response to the SOR, she indicates that the bills are in the process of being paid off. At the close of the record, there is sufficient proof that one account is paid. Applicant provided no proof that the other two debts were settled. She has not mitigated the trustworthiness concerns raised under financial considerations. Applicant's request to be granted a position of a public trust position is denied.


Guideline B

10/15/2007

The Judge made no findings about the conditions in China, and does not adequately address the security concerns raised by Applicant's foreign relatives. Favorable decision remanded.


Financial

10/15/2007

Applicant has a history of indebtedness following a period of time when she was a single mother, which was further exacerbated by loss of work following severe work-related injuries and other non-reimbursed medical problems. She has returned to work, and paid, made payment arrangements, or made a good-faith effort to pay the nine debts listed in the Statement of Reasons. Applicant presented sufficient information to explain, extenuate, or mitigate the security concern. Clearance is granted.


Financial; Personal Conduct

10/15/2007

Applicant has 10 delinquent debts listed on his statement of reasons. He paid two debts, two are duplications, one is disputed, and the other five are being resolved through payment plans. In 2005, he failed to list delinquent debts as required on his Security Clearance Application (SF 86); however, he did disclose on his SF 86 that financial considerations were an issue. Security concerns pertaining to financial considerations and personal conduct are mitigated. Eligibility for a security clearance is granted.


Financial

10/15/2007

Applicant is 37 years old, married, with three children from her two marriages. She works for a defense contractor in the health insurance business. She filed Chapter 7 bankruptcy in 2001 to discharge about $22,000 in delinquent debts. Now she owes about $33,000 in delinquent debts. She repaid some debts, has an installment payment plan for another 28 debts, and has seven debts unpaid, though she and her husband have the savings to repay them over the next year. Applicant did not mitigate the financial considerations trustworthiness concern. Her eligibility for a trustworthiness determination is denied.


Guideline F

10/15/2007

The concept of good-faith requires a showing that a person acts in a way that shows reasonableness, prudence, honesty and adherence to duty or obligation. Favorable decision affirmed.


Guideline F; Guideline E; Guideline J

10/15/2007

The Judge articulated a rational basis for his conclusions that Applicant had not mitigated the security concerns raised by his conduct. Adverse decision affirmed.


Guideline C

10/15/2007

Applicant was born in the United States and served an enlistment in United States Air Force. Later he moved to Israel where he acquired citizenship and was conscripted into the Israeli Army. He returned to the United States and served a twenty year career in the United States Army. In 2002 he returned to Israel and voted in 2003 Israeli Parliamentary elections. In 2007 Applicant sent a letter to the Israeli embassy renouncing his citizenship. The Directive presumes there is a nexus or rational connection between proven conduct under any guideline and an applicant's security eligibility. Hearing Office decisions are not binding on other Hearing Office Judges or on the Board. Adverse decision affirmed


Guideline E; Guideline J

10/12/2007

When an Applicant alleges bias the issue is not whether Applicant personally believes the Judge was biased or unfair. Rather the issue is whether the record contains any indication that would lead a reasonable person to question the fairness and impartiality of the Judge. There is a rebuttable presumption that the Judge considered all the record evidence. The Judge is not required to discuss every piece of evidence. Adverse decision affirmed


Guideline F; Guideline E

10/12/2007

In light of the Judge's sustainable findings, Applicant has not met his burden of demonstrating that the Judge erred. Adverse decision affirmed.


Guideline F

10/11/2007

The Board may not consider new evidence on appeal. The Judge's material findings reflect a reasonable interpretation of the record evidence. Adverse decision affirmed.


Guideline B

10/11/2007

The Judge's failure to make findings and conclusions concerning the geopolitical situation in Morocco impairs his analysis. Adverse decision remanded.


Guideline D; Guideline J; Guideline E

10/11/2007

There is a rebuttable presumption that a Judge is impartial and unbiased and a party seeking to rebut that presumption has a heavy burden on appeal. The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decision. Adverse decision affirmed.


Alcohol

10/09/2007

Applicant is a 28-year-old analyst for a defense contractor. She had four incidents with alcohol within a two year period when she was a minor. Afterward, she attended and graduated from college, and had no alcohol-related incidents for over six years. She then had a driving while intoxicated incident in 2006 that has not yet been resolved by court action. She acknowledges her mistake of drinking alcohol and then driving in 2006. In spite of the latest alcohol-related incident, she demonstrated that she does not currently consume alcohol to such an excess as to create an alcohol consumption security concern. Clearance is granted.


Drugs; Personal Conduct

10/09/2007

Applicant is a 31-year-old employee of a defense contractor who has a history of illegal drug use as recent as July 2006, and a March 2002 charge for possession of marijuana to which she pled guilty and was fined $500. She failed to mitigate the security concerns raised under drug involvement guidelines. She did not intentionally falsify her security clearance application. Thus, she has mitigated the security concern under the personal conduct guidelines. Applicant's eligibility for a security clearance is denied.


Foreign Influence; Foreign Preference

10/09/2007

Applicant is 44 years old, married with two children, and works for a defense contractor as an engineer. He has family in Jordan and the West Bank area of Israel. He uses an Israeli identification card when visiting his family, which he does regularly every two or three years. His family have Jordanian passports. His wife is a Jordanian citizen with a passport, and is a permanent U.S. resident. Applicant has not mitigated the foreign influence and foreign preference security concerns. Clearance is denied.


Financial

10/09/2007

Applicant owes approximately $21,600 on 14 delinquent accounts, which remain unpaid. The record evidence is insufficient to mitigate or extenuate the negative security implications based on financial considerations. Clearance is denied.


Financial: Personal Conduct

10/09/2007

Applicant owes more than $25,000 in delinquent debt incurred in his name or for which he is contractually liable. While his spouse was handling the family's finances, and he is presently in divorce proceedings in part because of the unpaid debt, Applicant failed to ensure that debts he knowingly incurred were paid on time. Efforts to resolve his financial situation, undertaken in response to court actions by his creditors, are not enough to overcome the financial considerations concerns. Personal conduct concerns exist because be falsely denied any financial delinquencies when he completed his November 2005 security clearance application. Clearance is denied.


Guideline B

10/09/2007

The Judge's findings are based on substantial evidence. The Judge's material findings of security concern are sustainable. Adverse decision affirmed.


Financial

10/09/2007

Applicant had 14 delinquent debts, totaling $21,567. He admitted the 14 debts were delinquent, and that he was unable to pay or resolve them. He did not offer any explanation for his delinquent debts. The trustworthiness concerns pertaining to financial considerations are not mitigated. Eligibility for a public trust position is denied.


Financial

10/09/2007

As a result of periods of unemployment, inattention to his financial situation, and the financial repercussions of a divorce, Applicant became financially overextended. Although he resolved a child support arrearage and a delinquent federal tax liability, he has not resolved five delinquent debts totaling about $10,256. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Guideline E

10/09/2007

Although the Judge's credibility determinations are flawed in part, her material findings as to Applicant's conduct of security concern are ultimately sustainable. To the extent that the Judge's statement suggests that Applicant's are categorically less worthy of belief than government witnesses (even before considering other factors and evidence) it is error. There is no rule in DOHA which would render Applicants as a class less worthy of belief simply because of their status. Adverse decision affirmed.


Foreign Preference; Foreign Influence

10/03/2007

Applicant is 58 years old and came to the U.S. in 1976 with her husband and son from Iran. In 1985 they all became U.S. citizens. She has returned to Iran three times using an Iranian passport. She has returned her passport to Iran and renounced her Iranian citizenship. She has no family or friends or financial interests in Iran. All of her brothers and sisters and mother live in the U.S. and are U.S. citizens. She is a successful business woman who started her own business. She has successfully mitigated the security concerns raised under Guideline C, Foreign Preference, and Guideline B, Foreign Influence. Clearance is granted.


Financial; Personal Conduct

10/03/2007

Between 1994 and 2001, Applicant accrued three delinquent debts in the approximate amount of $13,500. He did not list them, as required, on a 2005 security clearance application. During the past year, he satisfied one in its entirety, and has made a good-faith effort to satisfy the others. His security clearance omissions were the result of a clerical error instead of an intent to conceal any financial information. Applicant has mitigated the financial considerations and personal conduct security concerns. Clearance is granted.


Financial; Personal Conduct

10/03/2007

Applicant is 57 years old, and works for a computer company on contract to a Government contractor in the health care industry. She has two delinquent debts for 2002 and 2003, which resulted from a divorce, a home business , and periods of unemployment. Applicant thought she used a legal method to resolve the debts in 2002 and 2003, but discovered she made an honest mistake as to the efficacy of a debt elimination "program" she purchased from a vendor. However, she mitigated the financial considerations, personal conduct, and criminal conduct trustworthiness concerns. Her eligibility for a trustworthiness position is granted.


Foreign Influence

10/03/2007

The government's evidence failed to establish that Applicant was at heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion because of his limited family connections to Lebanon. Clearance granted.


Guideline H

10/03/2007

A decision in another DOHA Hearing Office case does not demonstrate error by the Judge. Nor is it legally binding precedent on other Judges or the Board. Adverse decision affirmed.


Financial

10/03/2007

Applicant is a 35-year-old linguist who has worked with the U.S. Armed Forces for the past couple of years. Prior to his current position, he was unemployed for a period of time after being injured in an automobile accident. While unemployed, he accumulated debts that he was unable to pay. He mitigated the security concerns raised by financial considerations. Clearance is granted.


Guideline F

10/03/2007

The Board does not review cases de novo


Guideline F

10/03/2007

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


Guideline B

10/03/2007

There is a rebuttable presumption that a person has ties of affection for or obligation to the immediate family members of the person's spouse. An applicant's stated intention about future hypothetical conduct is not entitled to much weight unless there is record evidence of similar conduct under similar circumstances. Department Counsel is not required to present evidence that Applicant would compromise classified information if threatened. Favorable decision reversed.


Guideline G; Guideline E

10/01/2007

The Judge's findings are sustainable. The Judge's ultimate conclusions are also sustainable. Adverse decision affirmed.


Guideline F

10/01/2007

Information submitted after the Judge has reached a decision is not a basis for error. Adverse decision affirmed.


Guideline J; Guideline H; Guideline E

10/01/2007

Given the totality of the record evidence, it was not reasonable for the Judge to conclude that Applicant's criminal conduct was not recent. Applicant's continued status of probations significantly undercut the Judge's application of criminal conduct mitigating condition 6. A whole-person analysis is intended to be a commonsense evaluation of an applicant's conduct and circumstances as a whole. There is insufficient objective evidence to support the Judge's finding that Applicant demonstrated anguish over his answer and contrition for having answered in the negative. Favorable decision reversed.


Guideline J

10/01/2007

The Judge's conclusions fail to explain why a a pattern of arrests that spans twenty years and includes carrying a dangerous weapon, domestic disturbance, assault on a minor, communicating threatening language possession of marijuana, hit and run and DUI is not recent due merely to the elapse of three years since the last offense. Ant evaluation of rehabilitation must take into account the seriousness of the criminal conduct. Favorable decision reversed.


Financial; Personal Conduct

09/28/2007

Applicant is a 59-year-old contracts administrator employed by a federal contractor. He has had delinquent debts since 2002. Even though his wife had cancer surgery, and has been unable to work, he made no real effort to resolve his indebtedness until 2007. The documentation he provided was insufficient to mitigate the security concerns about his financial considerations. He gave a false answer on two security clearance applications involving a judgment, and even though he had two subsequent interviews with investigators, he did not disclose the judgment to the government. His financial problems and deliberate omission are aggravated by the fact that he has been a facility security officer (FSO) for over two years. He also has held a security clearance since 1988. He failed to mitigate the security concern about personal conduct. Clearance is denied


Financial; Personal Conduct

09/28/2007

Applicant has a history of delinquent debts that stem in part from the payment failures of her spouse during periods of income losses attributable to his underemployment. While Applicant and her spouse have since began paying off their listed debts, their efforts are for the most part quite recent and incomplete. Based on the limited repayment efforts she and her spouse have demonstrated to date, she is unable to mitigate security concerns associated with her past history of delinquent debts. Applicant successfully refuted allegations that she falsified his security clearance application, but failed to mitigate additional security concerns attributable to her failure to provide requested financial releases and agree to a follow-up OPM interview. Clearance is denied.


Personal Conduct

09/28/2007

Applicant's credibility is extremely suspect, as he has not been truthful or candid with information that he furnished to the United States Government in a Security Clearance Application (SCAs), regarding his past criminal conduct. Mitigation has not been shown. Clearance is denied.


Alcohol; Personal Conduct

09/28/2007

Applicant is 53 years old and has worked as an electronics technician for a defense contractor for the past 10 years. On several occasions from1972 to May 2006, he drank alcohol excessively and to the point of intoxication. In 2005, he was charged with DUI and served 120 days in jail, with probation for two years. His probation will end in October 2008. Applicant ceased drinking alcohol in May 2006 and has been alcohol-free since then. He has not mitigated the alcohol consumption security concerns. He has mitigated the personal conduct security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

09/28/2007

Applicant is a 51-year-old lead member of the engineering staff employed by a defense contractor. His mother, two brothers, two sisters, mother-in-law, two sisters in law, four brothers in law, plus all of their children and spouses, are citizens and residents of Algeria. He failed to show there is little likelihood that his relationship with his family could create a risk for foreign influence or exploitation. He also holds an Algerian passport that is valid until March 2009. He has used this passport four times since becoming a U.S. citizen to travel to Algeria. His conduct is indicative of a foreign preference because he is exercising the rights of an Algerian citizen. He failed to mitigate the security concerns about foreign preference and foreign influence. Clearance is denied.


Financial

09/28/2007

Applicant is 42 years old and has worked as a technical librarian/editor for a defense contractor since 1989. Her debts were discharged in bankruptcy in January 2006, but she later incurred five delinquent debts totaling $13,220. Applicant arranged repayment plans for most of these obligations. She challenges the basis for two smaller bills. Applicant has mitigated the financial considerations security concerns. Clearance is granted.


Foreign Influence

09/28/2007

Applicant is a 25-year-old junior production engineer employed by a federal contractor. She is a native -born U.S. citizen. Her father is a citizen and resident of Columbia, her mother is a citizen of the United States residing in Columbia. Eight aunts and uncles are citizens and residents of the United States. Six are citizens and residents of Columbia. Her only sibling is a citizen and resident of the United States. She owns property in Columbia. She has frequent, non-casual contact with her parents. Her husband has the same with his parents. Her ties to the United States do not mitigate the security concerns about foreign influence. She surrendered her Columbian passport to her facility security officer (FSO) thereby mitigating the security concerns about foreign preference. Clearance is denied.


Criminal Conduct; Alcohol

09/28/2007

Applicant is 37 years old and has worked as a design engineer for a defense contractor since 2005. In 2000 and 2003, he had convictions for driving under the influence (DUI) of alcohol. In both instances, his driver's license was suspended. In 2004, he was convicted of driving on a suspended license. He served 40 days in jail for that offense. He was on probation from 2004 through January 2007 and did not consume alcohol during this period. He now has an occasional drink. Applicant has mitigated the criminal conduct and alcohol consumption security concerns. Clearance is granted.


Alcohol

09/28/2007

Applicant is 53 years old and has worked as a senior mechanical designer for a defense contractor since 1994. On occasions between 1971 to at least 2006, he consumed alcohol to excess and to the point of intoxication. In 1999, he was charged with operating a vehicle under the influence of liquor. He was fined, ordered to attend alcohol counseling, and his driver's license was suspended for eight months. In January 2005, he was discharged from a six-week inpatient alcohol rehabilitation treatment program and diagnosed with alcohol dependence and depression. He has mitigated the alcohol consumption security concerns. Clearance is granted.


Financial

09/28/2007

Applicant is a 40-year-old software configuration analyst employed by a defense contractor. She had four unpaid debts totaling in excess of $33,000. She filed bankruptcy four times since 1997. Her financial problems were a result of her former husband's financial irresponsibility and lack of steady employment. She has successfully mitigated the security concerns associated with her financial problems. Clearance is granted.


Foreign Influence

09/28/2007

Applicant is a 50-year-old interpreter employed by a defense contractor. One sister, an uncle, and his wife's parents are citizens and residents of Afghanistan. Except for the one sister, he has had no contact with his wife's family for over five years, and no contact with his own family since he immigrated to the U.S. in 1986. Having worked in the past as an interpreter for the military, he understands the discretion that is required for such a position. His ties to the United States outweigh the risks to his family living in Afghanistan. He successfully mitigated the security concerns about foreign influence. Clearance is granted.


Financial

09/28/2007

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


Financial; Personal Conduct

09/28/2007

Applicant owed approximately $22,000 on 11 delinquent accounts. She paid one debt and brought current the student loans. The remaining nine debts have not been paid. Additionally, Applicant failed to disclose she was more than 180 days past due on her debts when she completed her Questionnaire for National Security Positions. The record evidence is insufficient to mitigate or extenuate the negative security implications based on financial considerations and personal conduct. Clearance is denied.


Foreign Preference; Foreign Influence

09/28/2007

The government's evidence failed to establish that Applicant was at heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion because of her limited family connections to Taiwan. She also established a clear preference for the U.S. Clearance granted.


Security Violations; Personal Conduct

09/28/2007

Applicant is a security manager for a defense contractor. She has worked with this contractor since 2000 and has held a security clearance the entire time. Applicant negligently failed to follow security requirements under the National Industrial Security Program Operating Manual. Personal conduct security concerns were raised as an issue, but none of the evidence raised separate security concerns under this guideline. Applicant has mitigated handling protected information security concerns. Clearance is granted.


Financial; Personal Conduct

09/28/2007

Applicant is a 38-year-old senior engineer employed by a defense contractor. He had numerous delinquent debts created by frequent trips to visit a dying parent. He sought financial counseling, entered into payment agreements, paid off several debts, and has made a good-faith effort to resolve indebtedness. He also gave incorrect answers on two security clearance applications and gave an investigator a low estimate of the amount actually owed on a former employer's credit card. He disclosed the complete background of why he owed this debt. One security clearance application was 11 years ago and because it was not recent, was not counted against him. The mistake on the latest security clearance application was attributable to government mistake. He successfully mitigated the security concerns about financial considerations and personal conduct. Clearance is granted.


Financial

09/28/2007

Applicant filed for Chapter 13 bankruptcy on three occasions between May 2001 and September 2003. Each case was dismissed as a result of failure to make payments. The SOR alleged approximately $34,480 in delinquent debt. Several accounts are resolved but over $21,000 in delinquent debt remains with no plan in place to resolve the debts. Although Applicant expects to pay her debt from money she expects to receive from her late husband's estate, legal proceedings are pending and the outcome is uncertain. Applicant's current monthly expenses exceed her monthly income. Her financial situation is poor and it is unlikely that her financial situation will be stabilized in the near future. The trustworthiness concern is not mitigated under financial considerations. Assignment to a sensitive position is denied.


Foreign Preference; Foreign Influence

09/28/2007

Applicant, who was born in India, is a naturalized U.S. citizen. He maintains contact with his parents and two close friends, all citizens of and residing in India. He mitigated the security concerns about his possession of a foreign passport after acquiring U.S. citizenship. Available information also is sufficient to mitigate the security concerns about Applicant's ties to family and friends in India. Clearance is granted.


Foreign Influence

09/28/2007

Foreign influence security concerns were identified after submission of Applicant's May 2005 security clearance application. In April 2004, Applicant married a Russian national, whose parents and relatives are resident citizens of Russia. In July 2006, Applicant and his wife separated, and in October 2006, Applicant formally filed for divorce. The underlying basis for foreign influence concerns no longer exists. Clearance is granted.


Financial

09/27/2007

Applicant has a history of delinquent debts associated with his efforts to finance the development and marketing of his patented improvised explosive device (IED) detector for use by American military forces in Iraq and other areas of armed conflict. Choosing not to utilize other fund-raising options to finance his project while awaiting clearance decisions for himself and his company (such as Chapter 11 or 13 or licensing his technology to venture capitalists), Applicant accumulated over $150,000.00 in delinquent credit card and student loan debts that he cannot currently repay with the limited resources at his disposal. Given the level of his carried debt loan and repayment uncertainty, he is unable to mitigate security concerns associated with his past history of delinquent debts. Clearance is denied.


Drugs; Personal Conduct

09/27/2007

Applicant's drug abuse history, and the deliberate misrepresentation of that history, render him unsuitable for a security clearance. Clearance denied.


Criminal Conduct

09/27/2007

Between 1995 and 2004, Applicant was arrested and charged with criminal conduct on three separate occasions. She is currently on probation for her most recent arrest, and it does not expire until October 2007. Clearance is denied.


Foreign Influence; Foreign Preference

09/27/2007

Applicant's father, sisters, father-in-law and brother in law are citizens and residents of Iran. His wife is an Iranian citizen residing in the United States. He has been in the United States for over 31 years and a United States citizen for over 21 years. He has no contact with his in-laws, and limited contact with his family. He renounced his Iranian citizenship and destroyed his Iranian passport. He has mitigated security concerns for foreign influence and foreign preference. Clearance is granted.


Personal Conduct

09/27/2007

Applicant has a history of alcohol-related arrests/convictions (two in all between 1978 and 2002) and grand theft felony arrest/conviction in 1974 that he failed to list in his separate security clearance applications between 1996 and 2004. These omissions are imputed to have been made deliberately out of concern his employer would find out and impact on his employment relationship. His arrests/convictions were not disclosed until confronted in a second DSS interview and are not mitigated. Besides these omissions, Applicant falsely induced and falsified a court filing in 2001 about his work and compensation status. Allegations that Applicant deliberately failed to disclose his wage garnishment between 1998 and were unsubstantiated. Clearance is denied.


Financial; Personal Conduct

09/27/2007

Applicant incurred seven delinquent debts totaling about $17,786, all of which were charged off or referred to collection agencies between July 2000 and May 2003. She took no action to resolve her debts until action on her application for a security clearance was imminent. She falsely answered "no" to two questions on her security clearance application about delinquent debts. Security concerns based on financial considerations and personal conduct are not mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

09/27/2007

Foreign preference concerns related to the possession of a Taiwanese passport are mitigated because the passport was obtained when she was a minor, and it has expired with a credible intent to not renew it. Concerns persist of undue foreign influence where Applicant's father is employed by the Taiwanese government and is a resident citizen of Taiwan. Clearance is denied.


Financial

09/27/2007

Applicant failed to mitigate security concerns over her long-standing financial problems as she has over $800,000 in debt incurred from 1999 to 2006, including two judgments totaling $371,000. While she recently decided to file for Chapter 7 bankruptcy in July 2007 to discharge her long-standing debts, she did not establish which, if any, of the two dozen debts have been discharged. Even since her business failed in 2002, she developed many new debts and documented no efforts to resolve even minor debts. Her business failure linked to bad advice does not establish a defense of special circumstance. Her reported good performance on the job is not sufficient to establish how she has reformed or demonstrated positive changes in behavior need to mitigate financial concerns. Eligibility for a trustworthiness position is denied.


Personal Conduct

09/27/2007

Applicant has an eight year history of substandard behavior. This behavior includes an arrest for recklessly endangering another person, criminal mischief, and criminal conspiracy. While holding access to sensitive compartmented information, he misappropriated government property several times, submitted a government requisition to procure a watch for personal use, used various drugs on numerous occasions, mishandled classified material, and falsified his security clearance application. This documented behavior raised personal conduct concerns that Applicant was unable to mitigate. Clearance is denied.


Foreign Influence

09/27/2007

Applicant immigrated to the United States in 1982. He was born, grew up, and was educated in Taiwan. He became a naturalized U.S. citizen in 1999. Applicant's ties of affection and/or obligation and contacts with his parents and sister who are citizens and residents of Taiwan, pose an unacceptable security risk. His favorable information is not sufficient to mitigate the foreign influence security concerns. Clearance is denied.


Financial

09/27/2007

Applicant has a history of indebtedness, which he addressed by first retaining the services of a credit counseling service and making single payments to that service. Unfortunately, that service failed to pay his creditors. Applicant's situation became so dire, he filed for chapter 7 bankruptcy. Applicant and his wife have taken debtor counseling courses and have established a budget demonstrating they have the wherewithal to maintain financial stability. Two of Applicant's three children have severe medical problems. Applicant presented sufficient information to explain, extenuate, or mitigate the security concern. Clearance is granted.


Foreign Influence; Outside Activities

09/27/2007

Applicant's numerous immediate family members who are citizens and residents of Morocco, and his extensive Moroccan property interests generate a security risk which he failed to mitigate. Clearance is denied.


Financial; Personal Conduct

09/27/2007

Applicant has a history of past due debts dating to the sworn statement he provided in May 2001. His divorce3 in 2003 provides some extenuation for these debts. But, the extenuation is substantially reduced by his deliberate omission of these debts and two more recent judgments from his security form in May 2005. Except for his unsuccessful attempt to obtain a loan in January 2007, Applicant's other testimonial claims about disputing some debts and establishing a repayment schedule got others lack credibility and/or corroboration. Clearance is denied..


Drugs; Alcohol

09/27/2007

Applicant's misuse of prescription painkillers in the late 1990s and from July to December 2006, along with his alcohol abuse between 1998 and 2003, and continued use of alcohol to at lest September 2006, when he began medication to help him abstain, falls within the scope o the drug and alcohol guidelines of the Directive. While Applicant believes he has always been honest about his substance abuse, the supervisor4 provided very little information about his drug and alcohol use. Applicant claimed he kept appointments with his counselor throughout each month of his relapse, but the counselor indicated he did not see Applicant during his relapse. While Applicant's job performance evidence is impressive, it does not overcome the misrepresentations he made about his drug use. Even though Applicant added anti-craving medication to his alcohol and drug rehabilitation regimen, the current period that he has been abstinent from drugs and alcohol is insufficient to warrant findings in his favor under the drug and alcohol guidelines. Clearance is denied.


Personal Conduct

09/27/2007

Applicant is 50 years old and has been employed as a program manager with a federal contractor since 1984. He has held a security clearance for more than 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 failed to mitigate the security concerns raised by his personal conduct. Clearance is denied.


Financial

09/26/2007

Between 1999 and 2005, Applicant accrued approximately $22,000 of delinquent debt. All of this debt related to expenses he incurred while struggling to afford a prestigious, expensive private college without any financial help from his impoverished parents. Since graduating, he obtained a job, has received two raises, and has entered a payment plan to address the delinquencies. Clearance is granted.


Financial

09/26/2007

Applicant is a 38-year-old employee of a defense contractor. Applicant has paid all her delinquent debts but one which she is currently paying. She is now financially stable. Applicant has mitigated the security concerns based on her financial issues. Clearance is granted.


Financial; Personal Conduct

09/26/2007

Applicant has mitigated security concerns over financial problems by his decision to begin to address his long-standing debts even before he was formally given notice of the government's security concern by a Statement of Reasons. Overall, he has reformed and demonstrated positive changes in behavior to mitigate financial concerns. He also established he had no intent to falsify his security submission by his failure to detail all of his debts as he did not know about the judgment and did not understand the questions on late payments. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

09/26/2007

Applicant is a 47-year-old employee of a defense contractor. A series of unfortunate events led to Applicant's financial problems, and ultimately to her filing and having her debts discharged in Chapter 13 bankruptcy (2002). Since her debts were discharged in June 2002, Applicant has been financially responsible. However, she has accumulated medical debts from unforeseen unemployment and medical emergencies. She has a budget and is paying the smaller debts as she can. Applicant has mitigated the financial considerations concern. She did not knowingly falsify her security clearance application. Thus, she has mitigated the security concerns under personal conduct and criminal conduct. Clearance is granted.


Foreign Preference; Foreign Influence

09/26/2007

Applicant's mother is a citizen and resident of Russia. He calls his mother daily and visits her about once a year. Applicant became a U.S. citizen in 2001, but he continued to use his Russian passport to visit his mother. He has destroyed his Russian passport and taken significant steps to renounce his Russian citizenship. He has mitigated the security concerns based on foreign preference, but he has not mitigated the concerns based on foreign influence. Clearance is denied.


Criminal Conduct

09/26/2007

The Government failed to establish a prima facie case. Clearance is granted.


Alcohol; Personal Conduct; Criminal Conduct

09/26/2007

Eight years ago, Applicant, then a married NCO, he had a sexual relationship with an airman in his unit for which he received non judicial punishment. Three and a half years ago, he was arrested due to noise violation. In 2005, he was arrested for actual physical control of a motor vehicle while under the influence of alcohol. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming Applicant's conduct. Clearance is granted.


Foreign Influence; Foreign Preference

09/26/2007

Applicant, a 56-year-old employee of a defense contractor, mitigated one foreign preference security concern arising from holding a Taiwan passport by surrendering the passport to his corporate security office to be returned to him only when he no longer needs a security clearance. He failed to mitigate another relating to use of a Taiwan passport for two trips in 1999 and 2006 after obtaining a U.S. passport. He failed to mitigate foreign influence concerns arising from multiple trips to Taiwan and the PRC over ten times in the past 12 years. He did not mitigate foreign influence concerns relating to three siblings whom he rarely contacts since such relationships cannot be casual notwithstanding the limited contact. He mitigated concerns as to two females friends in the PRC with whom he cut all contact after obtaining his present employment. Clearance is denied.


Financial

09/26/2007

Applicant has a number of listed delinquent debts, most of which are related to medical cost-shares associated with surgical procedures he underwent between 1999 and 2003. Only one of his listed debts does he dispute, and he documents resolving this debt favorably. With respect to the remaining listed debts, Applicant has since paid them. By his demonstrated good-faith efforts in resolving his lone disputed debts and paying the remaining extenuated ones, Applicant mitigates security concerns associated with his delinquent debts. Clearance is granted.


Financial

09/26/2007

Applicant accrued about $14,000 in delinquent debt between 1997 and 2006. Despite being steadily employed since 2001, she did not try to pay or otherwise resolve her debts until faced with the loss of her trustworthiness position. Her recent actions to resolve her debts and improve her ability to manage her finances are insufficient to overcome the security concerns caused by her financial problems. Eligibility for an ADP I/II/III position is denied.


Financial; Personal Conduct

09/26/2007

Applicant has a history of unresolved financial problems. It is too soon to tell if she will resolve the financial problems in a satisfactory manner. Clearance is denied.


Financial; Personal Conduct

09/26/2007

Applicant is unable to pay the $29,000 in delinquent debt he owes. His debts are due to major medical expenses for himself and his late wife incurred while they lacked sufficient health care coverage. He has always tried to live well within his means, and is able to meet his current obligations, which include his ongoing medical expenses not covered by his health insurance. This year, his income will increase and his expenses will decrease for the first time since 2003. His past financial problems are outweighed by his current finances, and by the integrity, good judgment, trustworthiness and reliability he has displayed in his current job over the past four years. His omission from a security questionnaire of information about past due debts was unintentional. Clearance is granted.


Financial; Personal Conduct

09/26/2007

Applicant filed for Chapter 13 bankruptcy in June 2005. In July 2006, the bankruptcy was dismissed. Applicant owes the IRS for unpaid income taxes for tax years 1999, 2000, 2001, 2002, 2003, and 2004. She has resolved or entered into repayment plans pertaining to several of her debts. However, she continues to have issues dealing with financial irresponsibility. Her student loan account is past due and six debts alleged in the SOR remain unresolved. Trustworthiness concerns remain due to Applicant's financial problems and her deliberately misleading statement to an investigator pertaining to the status of her Chapter 13 debt repayment plan. She has not met her burden to mitigate the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for an assignment to a sensitive position is denied.


Financial

09/26/2007

Applicant developed financial problems resulting from circumstances beyond his control. The statement of reasons alleged three debts. He successfully disputed two debts and paid the third. Applicant's evidence shows he is in control of his finances and is not overextended. Considering the record as a whole, including his 23 years of military service to his country, he has mitigated the financial considerations concern. Clearance is granted.


Foreign Influence: Foreign Preference: Personal Conduct

09/26/2007

Applicant is a native of the Republic of China (Taiwan) who became a naturalized United States citizen in August 1991. He shares close bonds with his parents and two brothers, who are resident citizens of Taiwan, and he owns a residence that his parents rent out to supplement their income. While his service in the Taiwanese Army predated his U.S. citizenship, he is unwilling to surrender a valid Taiwanese passport that he acquired on renewal. Foreign influence and foreign preference concerns are not mitigated. Personal conduct concerns persist because of his knowing, false denial that he had an active foreign passport when he completed his clearance application. Clearance is denied.


Personal Conduct

09/26/2007

During 2000 and 2001, Applicant downloaded personal software onto his company computer, and he copied some games from his company computer for use on his personal computer at home. On several occasions between 1992 and 2000, he borrowed 50 to 75 cents from an informal soda fund, and he took $15 on one occasion. When he filed an insurance claim for an auto accident, he was assured by passengers in his car that he had obeyed a stop sign, but he did not tell his insurance company he could not personally remember whether he stopped. He refuted the allegation of deceiving his insurance company and mitigated security concerns based on his computer misuse and taking money from the soda fund. Clearance is granted.


Foreign Preference; Foreign Influence

09/25/2007

Applicant, a dual U.S.-Israeli citizen, possessed and used an Israeli passport after becoming a U.S. citizen. She has surrendered her Israeli passport. Her parents, brother, father-in- law, and grandmother are citizens and residents of Israel, and she travels regularly to Israel to visit them. She owns a condominium in Israel and intends it to be her parents' future home. None of her immediate family members in Israel are connected to the government, military, or high technology businesses. Security concerns based on foreign preference and foreign influence are mitigated. Clearance is granted.


Financial

09/25/2007

Applicant is a 46-year-old employee of a defense contractor. He still owes a significant number and amount of delinquent debts that resulted from his failed attempt to start a restaurant business. Although he has resumed stable employment and is working to pay off his debts, it will be several years before his financial situation is solvent. Security concerns raised by financial considerations were not mitigated. Clearance is denied.


Financial

09/25/2007

It was alleged Applicant owed nine creditors approximately $26,000. Two of the debts are the same obligation. He has paid three of the debts, is negotiating to pay two others, and disputes the remaining four debts. He was the victim of identity theft. The record evidence is sufficient to mitigate or extenuate the negative security concerns stemming from financial considerations. Clearance is granted.


Foreign Influence

09/25/2007

Applicant is 32 years old and works for a federal contractor as a personnel security adjudicator. While applying for a security clearance she learned that her husband lied to her about his citizenship status. He is a citizen of Nigeria and remained in the U.S. after his student visa expired. She was unaware of what his immigration status was until she sponsored him for permanent residency. His application is still pending. Applicant's husband has financial interests and familial ties to Nigeria, but she could not articulate the full extent of them. She has failed to mitigate the security concerns raised under Guideline B, foreign influence. Clearance is denied.


Drugs; Personal Conduct

09/25/2007

Applicant continued to use marijuana and cocaine while he had a security clearance and after he had indicated in 1994 that he did not intend to use illegal drugs in the future. More of a track record of demonstrated abstinence is required to overcome his history of drug use, given he used marijuana in September 2005 after he had purportedly made a conscious decision in August 2003 to cease his involvement as it was incompatible with his career and national security. Personal conduct concerns persist because of the poor judgment exercised over several years in using illegal drugs knowing it was against the law and his employer's policy to do so. Clearance is denied.


Foreign Influence; Foreign Preference

09/25/2007

Applicant's application for, renewal of, and regular use of a foreign passport after becoming a naturalized U.S. citizen demonstrate foreign preference. Applicant has neither invalidated the passport nor obtained formal approval for its use. However, although Applicant is not potentially subject to foreign influence because of her family contacts her parents and brother are dual citizens of the U.S. and Iran residing in the U.S., and her grandmother is a citizen of Iran residing in France her frequent travel to Iran subjects her to potential foreign influence. Clearance denied.


Financial Considerations; Personal Conduct

09/24/2007

Applicant has had a history of financial difficulties. He has paid off or is paying the majority of his debts, and he has a plan to resolve any remaining overdue debt, that is not in dispute. His financial situation is stable and current. Applicant reasonably believed that the financial information that he provided to the Government, on a Security Clearance Application (SCA), regarding his finances, was materially correct. Mitigation has been shown. Clearance is granted.


Financial Considerations

09/24/2007

Applicant has a history of overdue debts. He has made no attempt to resolve these debts. Mitigation has not been shown. A determination of trustworthiness and access to personal sensitive information is denied.


Foreign Preference

09/24/2007

Applicant's foreign preference has not been mitigated. He has not surrendered his foreign passport or renounced his foreign citizenship. Clearance is denied.


Guideline F; Guideline E

09/24/2007

The Board finds no abuse of discretion on the part of the Judge. The first scheduled hearing was cancelled at Applicant's request. Applicant responded to the rescheduling with a message saying "Thanks again. This is good enough." Given the state of the record, Applicant raises the issue of lack of preparedness for the first time on appeal. The Judge's adverse conclusions are supported by substantial record evidence. Adverse decision affirmed.


Guideline F

09/24/2007

The Judge's adverse conclusion bear a rational relationship to his unchallenged findings of fact regarding the extent of Applicant's tax indebtedness and minimal payments thereon. Adverse decision affirmed.


Financial; Alcohol; Criminal

09/24/2007

Due to stress and depression brought on by his mother's illness and eventual death, the Applicant ignored his legal duties and responsibilities and failed to file and/or pay his state and federal income taxes for tax years 1995, 1996 and 1997. He has since hired an attorney who has assisted him resolving his tax matters. His history of alcohol abuse, includes 3 DUI's, the last occurring in 1999, over 8 years ago. This aberration in his behavior also occurred during his mothers disease and death. His financial problems, alcohol abuse and related criminal conduct has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.


Foreign Preference; Foreign Influence

09/21/2007

The Applicant has renounced both his Canadian and Yugoslav(Serbian) citizenship. His Canadian and Serbian passports have been destroyed. He intends no future visits to Serbia as he has no immediate relatives there. He will soon inherit an apartment in Serbia worth about $30,000. Once he does, the Applicant intends to sell it. Its value pales in comparison to his $3,000,000 net worth in the U.S. Mitigation is shown. Clearance is granted.


Guideline F

09/21/2007

Absent a showing that an applicant was denied a reasonable opportunity to prepare for the hearing or present evidence, an applicant is not entitled to a new hearing just so that applicant can have another chance to present applicant's case. Adverse decision affirmed.


Guideline F; Guideline E

09/21/2007

The federal government need not wait for an applicant to mishandle sensitive information before denying access to such information. A whole-person analysis is not confined to the work-place. The presence of some mitigating information does not compel a favorable trustworthiness determination. Adverse decision affirmed.


Guideline H

09/21/2007

A review of the Judge's decision indicates that the Judge weighed the mitigating evidence against the record evidence of the length seriousness and recency of the disqualifying conduct. Adverse decision affirmed.


Foreign Influence

09/20/2007

The Applicant's foreign ties, which include her mother and four sisters who are citizens and residents of Nigeria, one of which is living in Ghana, pose no security risk. Clearance is granted.


Financial; Personal Conduct

09/20/2007

The Applicant has worked hard to resolve his indebtedness that accumulated after he was reduced in rank to E-4 in December 2000 as a result of his captain's mast. His omissions of his security clearance application concerning his criminal record and financial indebtedness was not intentional, but careless, and has been mitigated. Clearance is granted.


Financial; Personal Conduct

09/20/2007

Applicant's financial indebtedness remains current and she has not made a good faith effort to resolve her debts. Her intentional falsification on her Public Trust Position Application has not been mitigated. A determination of trustworthiness and access to sensitive personal information is denied.


Guideline F

09/20/2007

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


Guideline C; Guideline B

09/20/2007

The Judge failed to place adequate weight on the nature of the Iranian government. The Judge ignored his own findings of fact regarding Applicant's conduct and circumstances. Favorable decision reversed.


Financial; Personal Conduct

09/19/2007

Applicant owes 34 creditors approximately $49,000 for accounts past due or placed for collection. Following the hearing, Applicant filed for Chapter 7 bankruptcy protection. The record evidence is insufficient to mitigate or extenuate the negative security concerns based on financial considerations. Clearance is denied.


Criminal Conduct; Personal Conduct

09/19/2007

Applicant is a 57-year-old employee of a defense contractor who has an excellent work record, and has held a security clearance since 1979 without incident. In 1970, he was arrested on felony charges of marijuana possession and distribution. He pled guilty, and served three years and eight months of the resulting eight year sentence to imprisonment. Renewal of his security clearance is not clearly in the national interest only because of the provisions of 10 U.S.C.  986. Clearance is denied.


Foreign Influence; Criminal Conduct; Personal Conduct

09/19/2007

Applicant's one-time contact with his sister, a resident citizen of Lebanon, in the last 31 years reduces is potential for foreign influence to a very manageable level that does not render him a security risk. His criminal conduct is mitigated by his character evidence and the passage of about 15 years without recurrence of criminal behavior. However, his character evidence is insufficient to overcome the deliberate omission of the 1992 felony charge and the 20 debts (over 180 days delinquent) from his security form in November 2004. Clearance is denied.


Financial

09/19/2007

The Applicant's financial delinquencies were based, in part, on his wife's inability to obtain a well-paying job. Accordingly, she made the decision to stay home and watch their children starting in 1999. The Applicant began working for a Defense contractor in 2006 and, that same year, began working with his mother-in-law, a bookkeeper, on a financial plan. One debt has been paid. He is working with a consumer credit counseling service to pay his two remaining past due debts. Applicant is eligible for a security clearance. Clearance is granted.


Foreign Preference; Foreign Influence

09/19/2007

Applicant is a strategic planner for a defense contractor. He was born a dual national in 1972 in Colombia to an American mother and a Colombian father. Applicant voted in elections after becoming a U.S. citizen. Since then, he has formally renounced his Colombian citizenship and surrendered his Colombian passport. His mother and father, who still live in Colombia, have no connection or association with the government of Colombia. They do not create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. Clearance is granted.


Foreign Preference; Foreign Influence

09/19/2007

The Applicant has surrendered her Latvian passport. She is married to a native born American. Her elderly, retired parents live in Russia. She no longer owns any property in Latvia. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that she "will be placed in a position of having to choose between the interests of . . . [her foreign relatives] . . . and the interests of the U.S." A determination of trustworthiness and access to personal sensitive information is granted.


Financial

09/19/2007

Applicant, a 38-year-old facility security officer for a defense contractor, failed to mitigate financial security concerns relating to delinquent debts of almost $90,000 even though he filed a Chapter 13 bankruptcy in July 2007 and hopes to be able to discharge the debts. He has made only one payment. He was in Chapter 7 bankruptcy in 1996, and incurred additional debts that became delinquent during a seven year period after the bankruptcy was discharged. He did not resolve any of the smaller delinquent debts incurred except for regular payments on delinquent federal taxes for two tax years. His debts include repossessions for two automobiles purchased since the first bankruptcy was discharged. Clearance is denied.


Criminal Conduct; Personal Conduct

09/19/2007

In 1985, Applicant pleaded no contest to the felony offense of lewd and lascivious act in the presence of a child under the age of 16. The court withheld adjudication and sentenced Applicant as a first offender to three years of probation. As a result of the underlying conduct having sexual intercourse and providing alcohol to a 14-year-old female client Applicant was dismissed or terminated from his job as a state detention care worker. About 15 years later in 2000, he was caught shoplifting. He pleaded no contest and was fined. He gave false testimony about his 1985 criminal conduct during the security-clearance hearing. He has made multiple false statements about his background and conduct. Clearance is denied.


Financial

09/19/2007

Applicant has a history of failing to meet her financial obligations dating back to 2000. As of the date of her response to the file of relevant material, she still had five delinquent debts, owing approximately $10,900, which have been delinquent for years. Although she established circumstances beyond her control contributing to her financial problems, her evidence is insufficient to show that she is in control of her finances, is not overextended, and has a track record of financial responsibility. Eligibility for a public trust position is denied.


Guideline F; Guideline J; Guideline E

09/18/2007

Appeal Board authority is limited to cases in which the appealing party has alleged harmful error. Adverse decision affirmed.


Guideline E

09/18/2007

The Board notes the paucity of record evidence in the case, especially in support of Applicant's position. His presentation consists principally of promises of future good conduct which are less probative than actual record evidence. Given the Judge's own conclusions that Applicant had an "intent to deceive" and committed "egregious and serious" conduct, such uncorroborated promises do not support a conclusion that Applicant has met his burden of persuasion. Favorable decision reversed.


Guideline F

09/18/2007

The Judge made sustainable findings that Applicant had been discharged in bankruptcy in 2001 but afterward ran up further significant debt. Adverse decision affirmed.


Guideline F; Guideline J; Guideline E

09/18/2007

Upon receipt of the File of Relevant Material, Applicant had the burden of submitting a documentary response setting forth objections, rebuttal, extenuation, mitigation or explanation as appropriate. A whole-person analysis is not confined to the workplace. Adverse decision affirmed.


Financial Considerations

09/17/2007

Applicant has had a history of overdue debts that have not been resolved. Mitigation has not been shown. Clearance is denied.


Criminal Conduct

09/17/2007

Applicant's criminal conduct is not recent. Clearance is granted.


Foreign Influence; Foreign Preference

09/17/2007

Applicant is a 33 year-old naturalized United States citizen, born in the People's Republic of China (PRC), then living with her family in Hong Kong and moving to the U.S. in 1991. Applicant's parents and two brothers are citizens of the People's Republic of China (PRC) residing in Hong Kong. None of these family members belong to, participate in, or are active with any government agency of the PRC or Hong Kong. Applicant's strong attachment to the United States and minimal ties to Hong Kong and the PRC makes it unlikely that she would respond favorably to any efforts to persuade her to act against United States interests. Mitigation has been shown. Clearance is granted.


Foreign Influence

09/17/2007

Applicant is a 45-year-old employee of a defense contractor. Applicant was born in the People's Republic of China. She came to the U.S. after personally witnessing the Tiananmen Square massacre. Her husband maintained his Chinese citizenship to ease his travel to China if his parents became ill. Applicant has not mitigated the foreign influence concerns raised by her husband's Chinese citizenship, and the Chinese citizenship and residency of her parents-in-law. Clearance is denied.


Foreign Influence; Foreign Preference

09/17/2007

Applicant is a native of Iran who became a naturalized U.S. citizen in 1989. In 1996, he obtained and used an Iranian passport to visit his parents and participate in seminars in Iran. He renewed his Iranian passport in May 2005. He is unwilling to surrender his Iranian passport because he needs it to settle his father's estate in Iran. His oldest brother is a citizen and resident of Iran. Security concerns based on foreign influence and foreign preference are not mitigated. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/17/2007

Applicant is a senior electronics engineer for a defense contractor. He did not file federal income tax returns for a number of years. The Internal Revenue Service placed a tax lien against Applicant that has yet to be satisfied. He has now filed income tax returns and is working to resolve his tax indebtedness. He deliberately did not respond correctly on his security clearance application to the questions concerning liens, and debts more than 180 days or 90 days past due. Clearance is denied.


Financial

09/17/2007

Applicant has a history of financial delinquencies. He admitted the eleven delinquent debts alleged in the SOR and provided no evidence of payment or settlement His promises to resolve his debts in the future were not credible. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied.


Drugs; Personal Conduct

09/17/2007

Applicant's positive drug screening test for amphetamines/methamphetamine in September 2005 and her admitted use of a prescription drug without a prescription in September 2005 raise security concerns under drug involvement and personal conduct. Although she denies using amphetamines/methamphetamine, she provided insufficient evidence to rebut the positive drug screening test. Applicant's eligibility for a assignment to a sensitive position is denied.


Criminal Conduct; Alcohol Consumption

9/17/2007

Applicant's alcohol abuse has resulted in at least three alcohol-related incidents, the last occurring in 2004. While Applicant continues to consume alcohol, he no longer consumes alcohol to excess, nor does he drive after consuming any alcohol. Mitigation has been shown. Clearance is granted.


Criminal Conduct; Personal Conduct

09/17/2007

Applicant was charged with larceny in April 2001 for stealing a computer memory chip from a university computer where he was a student. He did not reveal that arrest on his security clearance application and lied about his involvement when interviewed by a government agent. He is ashamed of his misconduct, but it is not enough to mitigate the serious criminal conduct and personal conduct concerns. Clearance is denied.


Criminal Conduct; Alcohol

09/17/2007

While Applicant mitigated security concerns over five of his alcohol-related arrests and criminal conduct from 1984 to 1998, he failed to mitigate his 2004 DWI conviction as he provided no evidence that he has completed his two years of probation. While he did attend treatment in 2005 and has made some positive changes in behavior supportive of sobriety, he did not demonstrate his ongoing and current commitment to abstain from alcohol. In addition, has had at least two relapses in 2005 and 2006. Thus, doubt remains over his reform and rehabilitation from his recent criminal and alcohol-related conduct. Clearance is denied.


Financial

09/14/2007

Applicant is a 58-year-old working for a defense contractor. He was indebted to the Internal Revenue Service in the amount of $3,368 for tax period 1990. For tax period 1987, 1988 and 1989 he owed approximately $15,181. The tax liens from 1994 have been released. Applicant attempted to pay them recently, but the IRS will not accept any payment. Applicant has mitigated security concerns arising under financial considerations. Clearance is granted.


Foreign Influence

09/14/2007

Applicant is a native of Iran who was granted asylum after the 1979 revolution ended his military career serving the Shah. He renounced Iranian citizenship and, with his Italian-born wife and daughters, are long-time U.S. citizens. His highly successful engineering career with a major corporation led to his selection by top management, with high-level government concurrence, to an important and demanding position requiring a clearance. His ties and relations in the U.S. weighed against minimal family contact in Iran, his character and history of protecting sensitive and classified information under identical circumstances, and the absence of any Iranian government contact with his family to date mitigated foreign influence security concerns. Clearance is granted.


Finances, Personal Conduct

09/14/2007

Applicant has mitigated security concerns over financial problems by her decision to file for Chapter 13 bankruptcy to discharge her long-standing debts even before she was formally given notice of the government's security concern. To her credit she has developed no new debts and has made consistent payments since the plan was approved in May 2007. Special circumstances of poor health and unemployment mainly caused her debts which she was unable to resolve over a long period. Significantly, she demonstrated excellent performance and good character on the job. Overall, she has reformed and demonstrated positive changes in behavior to mitigate financial concerns. She also established she had no intent to falsify her security submission by her failure to detail all of her debts as she documented them by submitting a credit report. Clearance is granted.


Foreign Preference; Foreign Influence

09/14/2007

Applicant fled Iran in 1986 to escape family persecution and avoid military service. He was granted refugee status by Canada, became a Canadian citizen in 1992, and became a U.S. citizen in 2005. He has surrendered his Iranian passport and renounced his Iranian citizenship. He is estranged from his brother in Iran, has virtually no contact with two sisters in Iran, and has no contact with nieces in Iran. Four of his siblings and his fiancee are U.S. citizens. Security concerns based on foreign preference and foreign influence are mitigated. Clearance is granted.


Foreign Influence

09/14/2007

Applicant is a dual citizen of the U.S. and Mexico, having been born in the U.S. of Mexican parents. He chose to pursue his higher education and profession in the U.S. He destroyed his Mexican passport when he learned it raised security issues. His wife was born in Ukraine, educated in the U.S., met and married Applicant in the U.S., and intends to become a U.S. citizen. Security concerns based on foreign influence are mitigated. Clearance is granted.


Drug Involvement; Personal Conduct; Criminal Conduct

9/14/2007

This 56 year old Applicant used cocaine and marijuana from 1968 to1999, including the period from 1985 to 1999 when she held a security clearance. She has not used any illegal substance since 1999, and she stated that she will not use any illegal substance in the future. When Applicant completed a Security Clearance Application (SCA) in May 2004, she furnished to the Government information that was not completely accurate regarding her drug usage, but it was done inadvertently. Mitigation hast been shown. Clearance is granted.


Foreign Influence

09/14/2007

Applicant is a 35-year-old man who immigrated to the U.S. from Nigeria at the age of 17. Since his arrival in the U.S., he has earned a bachelor's degree in computer science, obtained U.S. citizenship, married, and had four children from two U.S. citizen spouses. Although he has family ties or connections to Nigeria, his significant contacts and ties are to the U.S. Applicant has mitigated any potential foreign influence security concern. Clearance is granted.


Financial

09/14/2007

The Statement of Reasons (SOR) alleged Applicant owed approximately $22,000 on ten past due accounts. She received a low-interest loan from her company and has paid the majority of the debts. Her payment for the last seven months to a settlement service shows she is serious about addressing her past due obligations. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from financial considerations. Clearance is granted.


Financial Considerations; Personal Conduct; Criminal Conduct

9/14/2007

Applicant has had a history of overdue debts that have not been resolved. The information that she provided to the Government in a Security Clearance Application (SCA) on July 8, 2005, regarding her indebtedness, was materially incorrect and incomplete, but the evidence has not established that Applicant knowingly provided false information. Mitigation has not been shown. Clearance is denied.


Foreign Influence

09/14/2007

Applicant is 49 years old, married with two college-age sons, and works for a defense contractor. She has family members in Taiwan. Applicant mitigated the foreign influence security concern. Clearance is granted.


Foreign Preference; Personal Conduct

09/14/2007

In 1995, Applicant was employed as a visiting scholar/associate professor at a private university in Taiwan. While in Taiwan, he voted in an election. Applicant had a Taiwan passport which he used on three occasions. His foreign passport has now been destroyed. In 2004, Applicant completed a Security Clearance Application, Standard Form (SF) 86. When he completed his SF 86, he failed to indicate he had a foreign passport or had visited a foreign country during the prior seven years. Applicant's answers were not intentional falsifications. Applicant no longer has ties with Taiwan and has expressed a willingness to renounce his Taiwanese citizenship. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from foreign preference and personal conduct. Clearance is granted.


Alcohol

09/14/2007

Applicant had a history of alcohol abuse. She did not have any alcohol- related incidents involving civil authorities. She self-referred for alcohol counseling and treatment. She received outpatient alcohol treatment. Following a relapse, she immediately self-referred for treatment. She regularly attends Alcoholics Anonymous meetings and does not consume any alcohol. She is committed to a life of sobriety and has demonstrated a lifestyle change consistent with that commitment. Her alcohol consumption security concerns are mitigated. Clearance is granted.


Financial

09/14/2007

Applicant has a history of indebtedness, which he addressed by securing a higher paying job as well as a part-time job. He also sought financial counseling and has embraced the notion of remaining financially solvent. Applicant presented sufficient information to explain, extenuate, or mitigate the security concern. Clearance is granted.


Drugs; Personal Conduct

09/12/2007

Applicant used marijuana from June 2001 through November 2006. He also purchased marijuana from June 2001 through June 2005. He used marijuana after submitting his security clearance application and during the background investigation for his security clearance. During that interview, he stated he had no plans to use marijuana in the future. He failed to mitigate security concerns relating to drug involvement and personal conduct. Clearance is denied.


Criminal Conduct

09/12/2007

*The Applicant was convicted of Indecent Exposure in 1968, and was convicted of Mail Fraud and Use of False Name to Conduct Mail Fraud in 1972. As a result of this last conviction, the Applicant spent about 22 months in a Federal Correction Institute. In 1976, the Applicant also admits to exposing himself. Since 1976, more than 30 years ago, the Applicant has married, fathered children, "gotten religion;" and in 1982 he received a Presidential Pardon vis-a-vis his Maid Fraud conviction. Furthermore, his good character is evidenced by six letters of recommendation. However, under 10 U.S.S. Section 986(c)(1), the Department of Defense may not grant or continue a security clearance to one who was sentenced to more than one year in jail, and actually served more than one year in confinement. Clearance is denied solely as a result of 10 U.S.S. Section 986(c)(1).


Alcohol: Personal Conduct; Criminal Conduct

09/12/2007

Applicant, a 25-year-old employee of a defense contractor, was convicted of negligent driving following an arrest for operating under the influence of liquor (OUIL) in September 2005. Alcohol consumption concerns are mitigated because of the isolated nature of the offense, the limited evidence of excessive drinking, and Applicant's intent to not drive on those rare occasions where he drinks to excess. An operating after suspended license charge in 2002 is attributed to youthful irresponsibility that is countered by his stable employment in two jobs. However, personal conduct and criminal conduct concerns persist because he failed to list his then recent OUIL arrest on his security clearance application, and because of his lengthy record of minor infractions. Clearance is denied.


Financial

09/12/2007

Applicant has a history of unresolved financial problems. It is too soon to tell if he will resolve the financial problems in a satisfactory manner. Clearance is denied.


Financial

09/12/2007

The Applicant has owed over $15,000.00 in past due debts to three creditors since at least 2004. He does not have the ability to pay off or otherwise resolve these debts. He is not currently eligible for security clearance. Clearance is denied.


Financial; Personal Conduct

09/12/2007

Applicant is a 55-year-old employee of a defense contractor. He incurred delinquent debts and has not filed his taxes for the years 2003 and 2004. He has two unpaid tax liens. He has not mitigated the security concern under the financial considerations guideline. He did not falsify his answers on his security application form. He has mitigated the personal conduct concern. Clearance is denied.


Foreign Influence

09/12/2007

Applicant is a 48-year-old Lebanon-born, naturalized United States citizen, who came to the U.S. in 1979 and graduated from college. He served honorably in the U.S. Navy from 1986 to 1990, and has worked in the defense industry, with a security clearance ever since. His immediate family, all U.S. citizens, resides with him. His elderly mother and siblings are citizens/residents of Lebanon. His ties to Lebanon are minimal compared to those with the U.S. in the U.S. He is highly thought of by his colleagues. He has received security awareness training and strongly and credibly avers he will always protect U.S. interests. Mitigation has been shown. Clearance is granted.


Financial

09/11/2007

Applicant has a history of unresolved financial problems. It is too soon to tell if she will resolve the financial problems in a satisfactory manner. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

09/11/2007

Applicant has a history of unresolved financial problems. He is serving probation until sometime in 2008 as a habitual-traffic offender for driving with a suspended driver's license. It is too soon to tell if he will resolve the financial problems and complete probation in a satisfactory manner. Clearance is denied.


Financial; Personal Conduct

09/11/2007

Applicant has a history of delinquent debts that stem from employment losses he experienced while residing in another state and more recently attributable to employment setbacks involving himself and his wife, and to a more limited extent due to his brief hospitalization. While Applicant has committed to a repayment plan with one of his creditors, he is unable to document progress with any of his other creditors despite hearing and post-hearing opportunities to do so. Based on the limited repayment efforts he has demonstrated to date, he is unable to mitigate security concerns associated with his past history of delinquent debts. Applicant successfully refuted allegations that he falsified his security clearance application. Clearance is denied.


Financial; Alcohol; Personal Conduct; Criminal Conduct

09/11/2007

Applicant's accrual of 86,000 of delinquent debt and his security clearance omissions create security concerns that he failed to mitigate at the hearing. Clearance is denied.


Financial

09/10/2007

Applicant is a 38-year-old employee of a defense contractor. He accrued delinquent debts, some resulting in judgments and a garnishment to enforce the judgment in 2004. He has paid the majority of his debts. He has a repayment plan for the remaining two accounts. He has mitigated the financial considerations security concerns. Clearance is granted.


Foreign Influence

09/10/2007

Applicant is a computer software engineer for a defense contractor. He was born in Taiwan, and came to the United States in 1981 to further his education. He and his wife became United States citizens in 1992, and they have two sons who are United States citizens. He owns property in the United States but not in Taiwan. His parents, five siblings, parents-in-law, and brothers-in-law are citizens and residents of Taiwan. He has a childhood friend that he sees on his visits to Taiwan. He has established that his relatives and friend in Taiwan are not in a position to cause him to be vulnerable to exploitation, pressure, or coercion. Clearance is granted.


Guideline F; Guideline E

09/10/2007

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


Guideline F; Guideline J; Guideline E

09/10/2007

Trustworthiness determinations are not limited to considerations of on-the-job performance or conduct during duty hours. Adverse decision affirmed.


Financial

09/10/2007

As a result of periods of unemployment and marital separation, Applicant incurred four delinquent debts totaling about $16,600, including a $4,200 state tax lien. He has paid two smaller debts and negotiated payment plans for the remaining two. He is receiving financial counseling, has a steady job, and his spouse has found work outside the home. Security concerns based on financial considerations are mitigated. Clearance is granted.


Guideline G; Guideline J

09/10/2007

The Judge's deviation from the plain language of the disqualifying condition is not arbitrary and capricious where he explained such deviation rationally and in detail. The Board has declined to set a bright line definition of what constitutes recent conduct. Adverse decision affirmed.


Guideline C; Guideline B

09/10/2007

Favorable record evidence cited by Applicant is not sufficient to demonstrate that the Judge adverse decision is erroneous. Adverse decision affirmed.


Criminal

09/07/2007

The Applicant's last incident involving criminal behavior occurred in 1995, more than 12 years ago. The last four incidents of criminal behavior, in 1985, 1986, 1991 and 1995, all involved the Applicant's wife, who suffers from alcohol abuse and depression. Often, he was on the receiving end of the spousal abuse. "There is clear evidence of successful rehabilitation" on the part of both the Applicant and his spouse, as evidenced by seven letters of recommendation, and his spouse's admission. Mitigation is shown. Clearance is granted.


Foreign Influence

09/06/2007

Applicant, a 26-year-old engineer with a major defense contractor, emigrated at age 14 to the U.S. from the Peoples Republic of China to join his mother who had come to the U.S. two years earlier. He was educated in a U.S. high school and university and has held an interim security clearance without incident for the past two years. He mitigated security concerns arising from his ties to his father and paternal grandparents, who are citizens of and residing in the Peoples Republic of China. He has long connections with the U.S., has fully complied with all security requirements during the two years he has held a clearance, and knows security requirements. Although he has traveled to the PRC three times in the past ten years to visit family, he has not done so since joining his company and does not intend to do so again. Clearance is granted.


Financial

09/06/2007

Between 2001 and 2006, Applicant accrued 20 delinquent debts in the approximate amount of $95,000. During this time, he was totally disabled because of a work-related injury. Before the injury, he had no financial problems. He returned to work in 2006 shortly after his physician cleared him, retained a credit counseling agency, satisfied eight of the delinquencies in the amount of $10,000, and filed for Chapter 13 bankruptcy. He is paying the remaining debts through the plan. Applicant has mitigated ths financial considerations security concern. Clearance is granted.


Foreign Influence, Personal Conduct, Criminal Conduct

09/06/2007

Applicant was born and raised in Afghanistan. In 1985, at the age of 18, he left Afghanistan with his mother and one brother. They immigrated to the United States in 1986. All three are now citizens of the United States, as are his two children. Two brothers are citizens of and reside in Afghanistan. His sister is a citizen of and resides in Canada. Applicant's relationship with his brothers in Afghanistan does not create a heightened risk for exploitation, inducement manipulation, pressure, or coercion. He did not intentionally falsity his security clearance application, and he has demonstrated rehabilitation of his criminal conduct. He has mitigated the government's concerns regarding foreign influence, and his past criminal conduct. The government did not establish its case under Guideline E, personal conduct. Clearance is granted.


Alcohol; Criminal Conduct

09/06/2007

Applicant mitigated the security concerns raised by his three alcohol-related arrests between 2000 and 2005. He has greatly moderated his drinking and altered his personal circumstances so that he leads a more responsible lifestyle. Clearance is granted.


Foreign Preference; Foreign Influence

09/06/2007

The Applicant has renounced his Iranian citizenship, and has surrendered his expired Iranian passport. He has lived in the U.S. for 32 years, and has been a U.S. citizen for nearly 18 years. He is married to a German national, who has applied for U.S. citizenship. Their five year old daughter is a native-born American. The Applicant's brother and sister live in Iran. His 61 year old brother is a retired truck driver, and his 69 year old sister is a housewife. He has not visited Iran since 1999, as his parents are both deceased, and he has no intention of visiting Iran in the future. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that he "will be placed in a position of having to choose between the interests of . . . [his foreign relative] . . . and the interests of the U.S." Mitigation is shown. Clearance is granted.


Foreign Influence; Foreign Preference

09/06/2007

Applicant exercised dual citizenship by renewing and using a passport issued by his native Algeria after he had become a U.S. citizen. The foreign preference concerns raised by his possession and use of an Algerian passport are mitigated by the surrender of his expired Algerian passport with no intent to renew it. Foreign influence concerns engendered by the Algerian citizenship and residency of his father and seven of his nine siblings are overcome by Applicant's substantial ties to the U.S. developed over the past 20 years. Clearance is granted.


Alcohol

09/06/2007

Applicant's excessive alcohol consumption has been mitigated by his successful completion of 16 weeks of treatment and aftercare in February 2004. Though Applicant was drinking then arrested in March 2005 after he completed aftercare, he was not driving nor was he acting in a way to support the charges. More importantly, the charges were dismissed. The record of excessive alcohol consumption against Applicant has also been mitigated by the passage of more that two years since his last alcohol-related incident. Clearance is granted.


Financial

09/06/2007

Applicant has a history of financial problems. Although he had some circumstances beyond his control and has made some effort to repay his debts, he did not present sufficient evidence to mitigate the financial considerations security concern. Eligibility for a security clearance is denied.


Personal Conduct; Criminal Conduct

09/06/2007

In 2002, while employed in a foreign country, Applicant engaged in an extramarital affair with a foreign national prompting his reassignment to another position. He was not forthcoming about the circumstances of the reassignment when interviewed by an investigative agent in 2006. This creates personal conduct and criminal conduct security concerns which he failed to mitigate at the hearing. Clearance is denied.


Financial

09/06/2007

Applicant has mitigated security concerns over his financial problems by his continuing and ongoing efforts to resolve the debts that resulted from his efforts to fund his children's college education through credit cards. He has borrowed from his 401 (k) and used the proceeds from the sale of his house to resolve the majority of his debts; he has developed no new debts. Significantly, he has demonstrated his outstanding performance and character on the job where he is seen as a person of excellence and integrity. Overall, he has taken several steps to reform his conduct and stated an intent to resolve all his debts; so he demonstrated sufficient positive changes in behavior to mitigate financial concerns. Clearance is granted.


Guideline F

09/04/2007

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


Guideline F; Guideline E

09/04/2007

The Board concludes Applicant was provided with the procedural rights set forth in the Executive Order and the Directive. The federal government need not wait until an applicant actually mishandles sensitive information before it can deny access to such information.


Guideline F

09/04/2007

The Board cannot consider new evidence on appeal. Its submission does not demonstrate error on the part of the Judge. Adverse decision affirmed


Guideline B

09/04/2007

Once the government presents evidence raising security concerns the burden shifts to the applicant to establish mitigation. Adverse decision affirmed.


Sexual Behavior; Personal Conduct; Information Technology Systems

08/31/2007

Between 1998 and 2003, Applicant knowingly and repeatedly misused government computers at his former place of employment by accessing more than 4,000 pages of pornographic websites. He resigned in March 2004, rather than face an internal investigation he knew would likely result in a recommendation he be fired. In December 2004, he deliberately falsified a security clearance application by failing to disclose he had left his previous job under unfavorable circumstances. He did not mitigate the resulting security concerns about his personal conduct, sexual behavior, and misuse of information technology systems. Clearance is denied.


Foreign Influence

08/31/2007

Applicant was born and raised in Ecuador to parents of Ecuadorian descent. Since immigrating to the U.S., Applicant has become a naturalized U.S. citizen, and established himself as a reliable and trusted production machinist with a U.S. defense contractor. Applicant's birth parents and two sisters are citizens of Ecuador, reside in Ecuador, and are demonstrably close to Applicant. None of his immediate family members remain in a position that could realistically make them vulnerable to coercion or pressure that could implicate Applicant and compel him to make decisions about competing loyalties. Applicant mitigates potential risks to undue foreign influence concerns caused by the status of his parents and siblings being citizens and residents of Ecuador. Clearance is granted.


Financial; Personal Conduct

08/31/2007

Applicant is a 53-year-old sanitation technician employed by a federal contractor. He had 17 delinquent debts totaling over $17,500. Some debts date back over five years. After the SOR was issued, he commenced repayment but only provided proof of two debts that were paid. He deliberately gave false answers to two questions on his security clearance application. He failed to mitigate the security concerns about financial considerations and personal conduct. Clearance is denied.


Personal Conduct

08/31/2007

Applicant is a junior analysis for a defense contractor. In completing his security clearance application and in responding to interrogatories asked during the clearance process, Applicant deliberately did not provide correct information concerning his use of illegal drugs and a driving while intoxicated arrest and detention. Clearance is denied.


Foreign Influence

08/31/2007

The Applicant's wife, who has permanent resident status in the U.S., lives with the Applicant in Korea (South Korea). He works for the U.S. Air Force there, and has the complete support of his chain of command. His wife is an elementary school teacher. The Applicant's 69 year old father-in-law, has been retired for 24 years. He worked as a clerk at Korea's intelligence agency. He has "very limited knowledge of . . . [his] son-in-law's occupation." The Applicant's mother-in-law has always "been a housewife." The Applicant has no dealings with two brother- in-laws, but also has four sister-in-laws. One sister-in-law is an elementary school teacher, and the other three are "housewives." As the Applicant has "longstanding relationships and loyalties in the U.S.," he is not subject to coercion vis-a-vis his Korean relatives. Mitigation is shown. Clearance is granted.


Financial

08/31/2007

Applicant fell behind on his debt payments after his income was dramatically reduced in early 2003. Although he began working for his current employer in December 2003 and making good money, he did nothing to resolve his delinquent debts until December 2006. He started making monthly installment payments on three of the eight delinquent debts alleged in the SOR, but he has taken no action regarding five debts. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Personal Conduct

08/31/2007

Applicant is a 45-year-old supply technician employed by a federal contractor. He received non-judicial punishment for adultery in 1992. This was outside the time limitation on questions about criminal activity on his security clearance application (SF 86) but it is reliable, unfavorable information within the purview of Guideline E. He received non-judicial punishment for non-consensual sodomy and making a false official statement in 2003. He did not mitigate the security concerns for personal conduct. Clearance is denied.


Financial

08/31/2007

Applicant incurred delinquent debt after his divorce in 2002. He has a repayment plan for some of his debt. Some of the debt is on unknown medical accounts. He has mitigated the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is granted.


Financial; Personal Conduct

08/31/2007

Applicant is a mail clerk for a defense contractor. She presented insufficient information to explain, refute, or mitigate 15 delinquent debts totaling almost $15,000. She noted that she would file bankruptcy to resolve the debts. She has yet to file a bankruptcy action. Clearance is denied.


Guideline H; Guideline E

08/31/2007

Given Applicant's long-standing use of marijuana, the Judge's adverse decision is sustainable. Applicant's favorable evidence did not compel a favorable decision Adverse decision affirmed.


Financial; Criminal Conduct

08/31/2007

In September 2004 (less than six years after receiving his first Chapter 7 discharge, and less than two years after his second Chapter 13 petition was dismissed), Applicant filed his second Chapter 7 petition. In March 2005, he eliminated $267,481.00 in liability through discharge. Considering (1) the passage of less than three years since his discharge, (2) the evidence of continuing though minor financial problems, and (3) the absence of financial counseling and character evidence, I am unable to find in his favor under the financial guideline. Regarding the worthless check crimes Applicant pled guilty to, and other worthless checks that he was not prosecuted for, the passage of time, as well as Applicant's remorse and restitution persuades me to find in his favor under the criminal conduct guideline. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

08/31/2007

Applicant is a support technician for a potential defense contractor. He admitted drinking alcohol to excess to the point of intoxication from 1975 until February 2006. He admitted using cocaine from 1984 until 1990. He used opiates at least once in 2004. He was diagnosed at a medical treatment facility as alcohol and cocaine dependent. He provided false information on his security clearance application concerning his use of opiates in 2004. The provisions of 10 U.S.C.  986 denying a security clearance to a person who is a user of or addicted to a controlled substance applies. Clearance is denied.


Personal Conduct

08/31/2007

Applicant is 46 years old and has worked for the same defense contractor for 26 years. In 1986, while holding a Secret clearance, he was convicted of possession of marijuana with intent to sell and deliver. He did not divulge his conviction to his employer. In 2004 and 2005, Applicant executed security clearance applications and failed to disclose his felony drug conviction for possession of marijuana. He also failed to list his outstanding and delinquent debts on both security clearance applications. Applicant has not mitigated the personal conduct security concerns. Clearance is denied.


Alcohol; Criminal Conduct

08/31/2007

Applicant failed to mitigate security concerns over his alcohol-related arrests and criminal conduct. He has made some positive changes in behavior supportive of sobriety and performs well on the job. However, he is still on probation from his December 2005 arrest and conviction. He has not yet demonstrated a commitment to abstain from alcohol, so doubt remains over reform of his recent criminal and alcohol-related conduct. Clearance is denied.


Foreign Influence; Foreign Preference; Outside Activities

08/31/2007

Applicant, a 36 year old employee of a major defense contractor, mitigated security concerns regarding foreign preference from having a Polish passport by the fact that it has expired. He does not intend to renew it. Also, he mitigated allegations of management and financial participation in his mother's business in Lebanon by documenting his discontinuance of those activities. Applicant failed to mitigate foreign influence security concerns arising because of his mother's citizenship and residence as well as business in Lebanon. Also of concern are three siblings who are citizens of Lebanon and either live there or are temporarily in the U.S. and are dependent on income from their mother. Clearance is denied.


Guideline F; Guideline E

08/31/2007

A review of the record as a whole supports the Judge's conclusion that Applicant's falsifications were deliberate. Adverse decision affirmed.


Foreign Preference; Foreign Influence

08/31/2007

Applicant, a 49-year-old software engineer, was born in Iran. He immigrated to the U.S. in 1978 and became a naturalized U.S. citizen in 1982. He married his wife, a naturalized U.S. citizen, in the U.S. His children are U.S. citizens by birth. He renounced his Iranian citizenship in 2005. All of his business and financial holdings are in this country. His wife, parents, and siblings are dual citizens of the U.S. and Iran. He has mitigated the security concerns arising from foreign preference and foreign influence. Clearance is granted.


Guideline H; Guideline E; Guideline J

08/31/2007

A Judge is not required to discuss every piece of evidence. The Judge had to consider Applicant's explanation in light of the record as whole. The Judge reasonably explained why the Applicant's mitigating evidence was insufficient to overcome all the government's security concerns. Adverse decision affirmed.


Personal Conduct

08/31/2007

Applicant, a 55-year-old employee of a government contractor and private investigator, failed to mitigate personal conduct security concerns arising from his failure to give accurate information and testimony to the FBI, a grand jury, Congressional investigators, and a Committee of Congress in 1996. He only provided the full and correct information before an Independent Counsel in 1999 after a grant of immunity. Clearance is denied.


Financial

08/30/2007

Applicant has a history of financial problems. He made a good-faith effort to resolve his financial problems by refinancing his home and paying or settling about $30,000 in debt. He presented sufficient information to explain, extenuate, or mitigate the security concern. Eligibility for a security clearance is granted.


Drugs

08/30/2007

Applicant's use of marijuana between September 1999 and July 2006 was mitigated by the circumstances and infrequency of the use, and his demonstrated intent not to abuse any drugs in the future. Clearance granted.


Criminal Conduct; Alcohol

08/30/2007

Applicant has a history of four admitted alcohol-related incidents between 1981 and 2004 that resulted in convictions, jail time, fines and reduction in pay. A separate assault conviction in 2003 was preceded by alcohol consumption sufficient to make this offense alcohol-related as well. While never diagnosed as alcohol dependent, he has recently admitted to being an alcoholic, following years of self-denial. His restorative efforts to date, while encouraging, are insufficient to enable safe predictive assessments about Applicant's ability to avoid recurrence in the foreseeable future. Applicant fails to fully mitigate government security concerns about his alcohol-related incidents that reflect alcohol abuse. Clearance is denied.


Alcohol; Criminal Conduct

08/30/2007

Applicant has a history of excessive consumption of alcohol, which includes six alcohol- related incidents when he was arrested and charged with drunk driving. His most recent offense occurred in August 2005. He has reduced his consumption of alcohol, but he continues to drink about once a week. Applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concerns. Eligibility for a security clearance is denied.


Financial

08/30/2007

Applicant is a 59-year-old employee of a defense contractor. A series of unfortunate events led to Applicant's financial problems, and ultimately to his filing and having his debts discharged in bankruptcy on three occasions. Since his debts were discharged in May 2005, Applicant has been financially responsible. Applicant has mitigated the financial considerations concern. Clearance is granted.


Foreign Influence

08/30/2007

Although the political situation in Burma (Myanmar) placed Applicant at heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion because of his limited family connections there, he mitigated the security concerns by demonstrating that he was unlikely to have to choose between his family interests and the interests of the U.S. Clearance granted.


Sexual Behavior; Criminal Conduct

08/30/2007

Due to a criminal conviction for which he served 20 months of confinement, the Defense Department is prohibited from granting Applicant a security clearance unless a waiver is granted. Eligibility for a security clearance is denied solely as a result of 10 U.S.C.  986(c)(1).


Financial Considerations; Personal Conduct; Criminal Conduct

8/30/2007

Applicant has had a history of financial difficulties. He has taken action to contact the creditors and pay off his debts, and he has reduced his overdue debt significantly. However, Applicant's credibility is suspect since the financial information that Applicant provided to the Government on a Security Clearance Application (SCA), regarding his overdue debts was materially and wilfully incorrect, which is a violation of Federal Law, Title 18, United States Code Section 1001. Mitigation has not been shown. Clearance is denied.


Criminal Conduct; Personal Conduct

08/30/2007

Applicant failed to mitigate security concerns over his criminal conduct and personal conduct. He has a history of four arrests and failed to disclose his arrests and his marijuana use on his security questionnaire in 2006, yet, nevertheless, certified that his answers were truthful. While he has taken some steps to reform his conduct and entered a court treatment and diversion program for his 2005 possession of marijuana arrest, he has not completed the program. Thus, he has not yet demonstrated sufficiently his successful rehabilitation. Consequently, security concerns remain over both criminal conduct and personal conduct. Clearance is denied.


Financial

08/30/2007

Applicant owes $9,894.72 in outstanding delinquent debt that he does not dispute. Financial Considerations concerns are mitigated because the debt was incurred largely because of circumstances beyond his control (several job layoffs, loss of his spouse's income and her unexpected death), and he lives within his means. Clearance is granted.


Alcohol; Personal Conduct

08/30/2007

Applicant is 37 years old and works as a network engineer for a defense contractor. Between 1990 and 2003, Applicant was involved in six different incidents related to alcohol abuse, which included several instances of being charged and in a couple of instances of being convicted of driving while intoxicated. In October 2003, he was involved in a serious car accident, because of his abuse of alcohol. Since 2005, he occasionally has a glass of wine. He no longer drinks and drives. He did not deliberately omit material facts in his security clearance application. Applicant has mitigated the alcohol consumption and personal conduct security concerns. Clearance is granted.


Financial

08/30/2007

Between 2001 and 2004, Applicant accrued more than $15,000 of post-Chapter 13, delinquent debt. The debt that resulted in the bankruptcy was caused by circumstances beyond his control. Approximately $11,000 of the post-bankruptcy debt was accrued on behalf of his ex- employer and was in dispute for several years. Over the past two years, Applicant has retained a credit correction agency and a credit counseling agency. He has been making debt payments consistent with the agreements with creditors for the past five months. He has mitigated the security concern. Clearance is granted.


Criminal Conduct

08/30/2007

Applicant has a recurrent history of arrests over a five-year period involving domestic violence. In each case, the charges were challenged by Applicant for reasons she did nothing wrong. The record lacks any evidence to challenge Applicant's explanations of the events and circumstances underlying her respective arrests. The charges were dismissed in each of the cases without any qualifications to which evidence of criminal conduct might be attributed to Applicant. Considering Applicant's explanations and her overall record of meritorious service with her employer, Applicant's arrests are concluded to be unsubstantiated. Clearance is granted.


Financial

08/30/2007

While he has limited income, Applicant documented no actions to resolve any of his debts to twelve creditors for over $16,000. With this history of not paying his bills and his failure to develop a plan to resolve them, Applicant failed to mitigate the government's concerns under Guideline F. Eligibility for trustworthiness is denied.


Financial; Personal Conduct; Criminal Conduct

08/30/2007

Applicant resolved a $12,780 credit card debt, but only after it had been charged off for four years and he had worked for his current employer for three years. He admitted falsifying his security clearance application by intentionally failing to disclose the delinquent credit card debt. Security concerns based on financial considerations, personal conduct, and criminal conduct are not mitigated. Clearance is denied.


Financial

08/30/2007

Applicant is 42 years old and works for a federal contractor. Since 2004, he accumulated a significant amount of debt that he has not paid or resolved. He did not mitigate the security concerns raised by financial considerations. Clearance is denied.


Financial; Personal Conduct

08/30/2007

Applicant did not timely file federal and state taxes for the years 2001, 2002 and 2003 until April 2007. Applicant's failure to file his federal and state tax return has been mitigated due to his wife's serious health conditions, his diagnosis of cancer, and his move. Applicant has maintained a security clearance for more than thirty years without incident. Under the whole person analysis, he has mitigated the financial considerations security concern and the personal conduct security concern. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct

08/30/2007

Applicant performed mandatory military service in the Taiwanese Army before emigrating to the U.S. and becoming a U.S. citizen. He did not disclose his foreign military service on his security clearance application. His mother-in-law is a citizen and resident of Taiwan. He had email exchanges with three former college classmates in Taiwan. He has refuted the allegations of foreign preference and intentional falsification of his security clearance application, and he has mitigated the security concern based on foreign influence. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

08/30/2007

Applicant's 2000 felony drug charge, 2002 dismissal from a job for surfing pornography on a work computer, 2003 job dismissal for failing a drug test, and his failure to be fully forthcoming about this history on his security clearance application generate a security concern. He provided contradictory, implausible explanations for this conduct throughout the investigative process, and has failed to mitigate the security concern. Clearance is denied.


Guideline F

08/30/2007

Failure to rule at all on specific matter that has been brought before the Judge is an abuse of discretion. A liberal mandate exists with regard to granting motions to amend SORs. Administrative pleadings should be liberally construed and easily amended. As long as there is fair notice to the affected party and the party has a reasonable opportunity to respond a case should be adjudicated on the merits and not concerned with pleading niceties. Favorable decision Remanded.


Foreign Influence

08/29/2007

The government's evidence failed to establish that Applicant was at heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion because of his limited family connections to Egypt. Clearance granted.


Foreign Preference

08/29/2007

Applicant is a dual U.S. and Greek citizen. She obtained a Greek passport at age 19 that does not expire until August 2008. Applicant does not want to destroy, surrender, or invalidate her Greek passport because she may want to work in the European Union or in Greece at some future date and would need her Greek passport to prove citizenship. The record evidence is insufficient to mitigate or extenuate the negative security implications related to foreign preference. Clearance is denied.


Financial

08/29/2007

Applicant is a retired Navy petty officer and has been an employee of defense contractors for about ten years. He has a history of significant financial problems and he is currently unable to pay his delinquent debts totaling more than $17,000.00. Applicant provided no information demonstrating how his financial problems arose or what he has done to resolve them. Applicant failed to mitigate security concerns arising under the guideline for financial considerations. He has not met his burden of demonstrating that it is clearly consistent with the national interest to grant him a security clearance. Clearance is denied.


Financial; Personal Conduct

08/29/2007

Applicant is a 38-year-old appointment setter working for a defense contractor. From 2000 through 2006, she annually acquired delinquent debt which was left unaddressed. That debt now amounts to almost $13,000, including about $2,000 in medical bills acquired while unemployed and a tax lien. She denied having any delinquent debt or liens in completing her questionnaire for public trust positions. Although she may not have deliberately concealed facts, she has otherwise failed to mitigated security concerns regarding her financial considerations and personal conduct. Eligibility for positions designated ADP I/II/III is denied.


Foreign Preference; Foreign Influence

08/29/2007

The Applicant has surrendered his Iranian passport. He has lived in the U.S. for nearly 33 years, and has been U.S. citizen for more than 20 years. He is married to an American, and his two children who are native born Americans. All of his family members, except for a father- in-law that the Applicant has never met or spoken to, reside in the U.S. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that he "will be placed in a position of having to choose between the interests of . . . [his foreign relative] . . . and the interests of the U.S." Mitigation is shown. Clearance is granted.


Foreign Preference

08/29/2007

Applicant is a 43-year-old U. S. Citizen, who held an Australian passport from 1994 until July 2007 when it was destroyed at his request by his employer's security officer. His wife was born in Australia and is a U.S. resident alien, awaiting U.S. citizenship. He mitigated the security concerns raised by foreign preference. Clearance is granted.


Financial; Personal Conduct

08/29/2007

Applicant has been an employee of a defense contractor for about twenty years. He has a history of significant financial problems resulting in bankruptcies in 1991 and 1997, and he is currently unable to pay delinquent debts totaling more than $16,000.00. Applicant provided no information demonstrating how his current financial problems arose. He entered into a repayment agreement for some obligations shortly before the initiation of the action, but it is too soon to determine if the program will be successful. He falsified his security clearance application by concealing his delinquent debts. Applicant failed to mitigate security concerns arising under the guidelines for financial considerations and personal conduct. Clearance is denied.


Financial; Personal Conduct

08/29/2007

Applicant is a retired Navy petty officer and has been an employee of defense contractors for about ten years. He has a history of significant financial problems and he is currently unable to pay his delinquent debts totaling more than $17,000.00. Applicant provided no information demonstrating how his financial problems arose or what he has done to resolve them. Applicant failed to mitigate security concerns arising under the guideline for financial considerations. He has not met his burden of demonstrating that it is clearly consistent with the national interest to grant him a security clearance. Clearance is denied.


Financial

08/29/2007

Applicant is a 30-year-old controller for a federal contractor. In 2003 she had a child and her husband lost his job. They got behind in their payments and accumulated delinquent debts. Applicant took out a loan on her 401k pension plan and a credit union loan to repay all of the delinquent debts, except one that she is making monthly payments on. She and her husband live within their means and are now saving money and repaying their loans. Applicant has mitigated the security concerns raised under Guideline F, financial considerations. Clearance is granted.


Financial

08/29/2007

Applicant is a 36-year-old material coordinator who has worked for a federal contractor since September 2004. She had $50,000 in delinquent debts discharged in bankruptcy in 2002. She continued to experience financial problems and acquired additional delinquent debts. She was unemployed for nine months in 2004. Since then she took minimal action regarding her delinquent debts until her security clearance became an issue. Applicant's past and present financial history raise security concerns. She failed to mitigate Guideline F, financial considerations security concerns. Clearance is denied.


Alcohol

08/29/2007

Applicant is an employee of a defense contractor. Applicant had three off-duty, alcohol- related incidents, specifically: driving under the influence of alcohol in 1997; driving under the influence of alcohol in 2002; and negligent driving after consuming alcohol in 2003. She completed a court-ordered alcohol treatment program, but she did not present any evidence of a favorable prognosis or an established pattern of responsible drinking. Considering all the evidence, I conclude Applicant has not met her burden of demonstrating that it is clearly consistent with the national interest to grant her a security clearance. Clearance is denied.


Foreign Influence

08/29/2007

Applicant is 60 years old, a U.S. citizen, and a 28-year employee of a company engaged in the health care management business. Applicant's father and youngest sibling are resident citizens of Taiwan, the Republic of China. Applicant mitigated the foreign influence trustworthiness concern. His eligibility for a public trust position is granted.


Financial; Personal Conduct

08/29/2007

Applicant is 35 years old and works for a federal contractor. Since 2001, he accumulated a significant amount of debt that he has not paid or resolved. When he completed his security clearance application in December 2004, he did not disclose an automobile repossession and two unpaid judgments. He mitigated the security concerns raised by his personal conduct, but did not mitigate those raised by financial considerations. Clearance is denied.


Financial; Personal Conduct

08/29/2007

Applicant filed for bankruptcy in August 2005. Her debts were discharged in December 2005. Post-bankruptcy, four additional delinquent debts showed up on her credit report, an approximate total of $4,715. She and her husband owe the Internal Revenue Service (IRS) approximately $17,157 for delinquent income taxes for tax years 1996-2001 and 2003. They recently entered into a repayment plan with the IRS but provided no evidence pertaining to the additional delinquent accounts. Applicant deliberately failed to list her delinquent debts on her questionnaire for public trust position. She has not mitigated the security concerns raised under financial considerations and personal conduct. Clearance is denied.


Alcohol; Criminal Conduct

08/29/2007

The Applicant has had seven alcohol-related arrests and convictions between 1978 and 2005, and is currently on probation for his last conviction. He was also convicted for an offense involving a physical altercation with his wife in 2002. He has attended several alcohol education and alcohol treatment programs, and has abstained from alcohol use for six months as of the time the record closed. However, the evidence is not sufficient to mitigate the case against him. He is not currently eligible for a security clearance. Clearance is denied.


Criminal Conduct

08/29/2007

Applicant was convicted of numerous offenses in state and federal courts in 1971. He was sentenced to serve penitentiary sentences ranging from one year and one day to five years and was actually confined for approximately two years. Although he would otherwise be able to mitigate the security concern created by his criminal conduct, he is prohibited from doing so because of the statutory disqualification imposed by 10 U.S.C.  986. Clearance is denied.


Foreign Preference; Foreign Influence

08/28/2007

The Applicant has surrendered his Israeli passport. His wife and native born children are all Americans. He has lived in the U.S. for more than 20 years, and has been a citizen for more than 10 of those years. All of the Applicant's net worth, nearly $1,000,000, is in the U.S. The Applicant's 80 year old parents are retired and live in Israel. His sister works in a private hospital. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that he "will be placed in a position of having to choose between the interests of . . . [his foreign relatives] . . . and the interests of the U.S." Mitigation is shown. Clearance is granted.


Alcohol

08/28/2007

The Applicant's last alcohol related incident, Driving Under the Influence of Alcohol with a blood/alcohol content of .08% or more (DUI), occurred nearly three years ago, in October of 2004. Since his last DUI, he has "considerably cut down on . . . [his] consumption of alcohol." A Clinical Psychologist avers that the Applicant's "potential for substance dependency is relatively low." A retired Navy Captain testified most favorably on behalf of the Applicant. The Applicant Facility Security Officer (FSO) also recommends that the Applicant "regain his clearance." Mitigation is shown. Clearance is granted.


Foreign Influence

08/28/2007

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 F

08/28/2007

In light of the Judge's findings of fact and the record as a whole, the Judge's adverse decision is affirmed.


Guideline F

08/28/2007

The legality of an applicant's conduct and circumstances does not preclude a Judge from considering whether they raise trustworthiness concern. The Directive presumes there is a nexus or rational connection between proven conduct under any guideline and an applicant's trustworthiness eligibility. Adverse decision affirmed.


Guideline F; Guideline E

08/28/2007

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


Guideline F; Guideline E

08/28/2007

Although pro se Applicants cannot be expected to act like a lawyer, they are expected to take timely reasonable steps to protect their rights. An applicant with good or exemplary job performance may engage in conduct that has negative trustworthiness implications. Adverse decision affirmed.


Financial

08/27/2007

Applicant has three debts totaling approximately $32,000 that were placed for collection or charged off. He is currently making monthly payments on them and has arranged for a home equity loan to pay them. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from Applicant's past due debts. Clearance is granted.


Financial

08/27/2007

Applicant's delinquent financial indebtedness has not been resolved. Her omission on her security clearance application concerning her financial indebtedness was intentional and has not been mitigated. Clearance is denied.


Alcohol; Personal Conduct

08/27/2007

Applicant is a 42-year-old employee of a defense contractor who had two alcohol related driving incidents. He did not falsify his June 28, 2005 security application. He mitigated the security concerns raised under the alcohol consumption and personal conduct guidelines. Applicant's eligibility for a security clearance is granted.


Financial; Personal Conduct

08/27/2007

Applicant is 39 years old, divorced, and has a teen-aged daughter who has a son. Applicant works for a defense contractor. She had financial difficulties in her early twenties after her divorce and the loss of her job. She resolved those problems by paying her creditors in a Chapter 13 bankruptcy. She mitigated the current financial problems by repaying all but $1,043. She mitigated the personal conduct security concern. Clearance is granted.


Financial

08/27/2007

Applicant is a retired soldier employed by a defense contractor. Applicant admitted six debts established by credit reports, but denied two. The two he denied are medical debts that should have been paid by the military health care system. Of the six he admitted, one is his mortgage which is current and being paid by automatic bank payment. Another, Applicant established has been paid and the lien released. Of the remaining four debts, Applicant presented no information that they are paid or being paid. He stated he would make arrangements to pay the debts. Applicant has not met his burden to establish a good faith effort to pay his debts. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

08/27/2007

Applicant is 47 years old, the divorced mother of four children, and is a claims processor for a Government contractor in the health care business. In the past she had six bad check charges over 12 years, filed Chapter 7 bankruptcy in 1997 and 2005, and provided information truthfully on her SF 85P and to a Government investigator. Applicant mitigated the financial considerations, personal conduct, and criminal conduct trustworthiness concerns. Eligibility for a public trust position is granted.


Financial

08/27/2007

Applicant is a 52-year-old machinist employed by a defense contractor since June 2004. He has a history of not meeting his financial obligations. He has six outstanding debts totaling approximately $32,304 and $29,736 of that amount represents child support. Applicant proffered evidence that he has been paying on this child support debt for the past eight years. He continues to owe $2,568 for five other outstanding delinquent debts. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Financial

08/27/2007

Applicant is 27 years old, unmarried with two minor children. She works as a claims processor for a defense contractor who provides health care services to Department of Defense employees. Applicant has 20 listed delinquent debts that she is addressing by her recent filing of Chapter 7 bankruptcy. Applicant mitigated the financial considerations' trustworthiness concern. Her eligibility for assignment to sensitive positions and for eligibility for an ADP I/II/III position is granted.


Foreign Influence

08/24/2007

Applicant's foreign influence, including his wife, step-daughter, step-daughter's father, and in-laws, who are all Chinese citizens and maintain close foreign family ties with China, pose a potential security risk and have not been mitigated. Clearance is denied.


Guideline J

08/24/2007

The Appeal Board does not have authority to grant waivers of 10 U.S.C. 986. The Board will refer Applicant's case to the Director, DOHA for further consideration pursuant to the Under Secretary of Defense Memorandum, dated August 30, 2006.


Guideline F; Guideline E

08/24/2007

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


Criminal Conduct; Personal Conduct

08/23/2007

Applicant has mitigated security concerns arising from the criminal conduct incidents of domestic violence through the passage of time and rehabilitation. Applicant did not deliberately falsify information on his security clearance application, thus mitigating personal conduct security concerns. Applicant's eligibility for a security clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

08/23/2007

Applicant's deliberate falsifications of his 23 June 2004 and 1 December 2005 clearance applications, and the drug abuse history he concealed, render him unsuitable for a security clearance. Clearance denied.


Foreign Influence

08/23/2007

Applicant, a defense industry employee with 20 years in the U.S. as a student and engineer, has held a security clearance without incident for over eight years. He mitigated security concerns under Guideline B arising from parents and three siblings living in Syria and having traveled there five times since 1997. He showed by his own testimony and of his supervisors and colleagues, that he understands security requirements and has strong ties to the U.S. and is not a security risk. Clearance is granted.


Financial; Personal Conduct

08/23/2007

Applicant incurred 20 delinquent debts totaling more than $27,000 as a result of her unemployment from October 2001 to April 2004. Evidence presented at the hearing established that nine debts were paid, and five were unpaid. She testified that six additional debts were paid but produced no evidence of payment. She did not disclose the debts on her application for a trustworthiness determination, but presented evidence that she had been overseas for a substantial time and was unaware of her credit history. She refuted the allegations of falsifying her application, but she has not mitigated trustworthiness concerns based on financial considerations. Clearance is denied.


Personal Conduct, Sexual Behavior, Criminal Conduct

08/23/2007

Applicant failed to mitigate security concerns over his personal conduct, sexual behavior and criminal conduct based on his long history of following minor children and masturbating in his car from 1985 to 1997 which ultimately led to his arrest and guilty plea in 1998 to a misdemeanor charge of Public Sexual Indecency. He waited until January 2007 to seek treatment, so he is still in the early stages. Security concerns persist despite a favorable prognosis from his therapist. While he has taken some steps to reform his conduct, he failed to demonstrate sufficient positive changes in behavior, especially in light of the potential for blackmail and duress as he failed to divulge his past misconduct either to his current wife or family and friends. Consequently, security concerns remain over personal conduct, sexual behavior and criminal conduct. Clearance is denied.


Financial

08/23/2007

Applicant failed to pay debts totaling more than $96,000 arising from a failed business venture. Although the debts were corporate debts, he had personally guaranteed payment. He did not disclose the debts on his security clearance application. Security concerns based on financial considerations and personal conduct are not mitigated. Clearance is denied.


Personal Conduct

08/23/2007

Applicant, a 27-year-old engineer with a major defense contractor, failed to mitigate personal conduct security concerns under Guideline E for failure to report at Question 24 an arrest for marijuana possession in connection with an arrest for gun possession which he did report at Question 23 on his SF 86. He also failed to report occasional marijuana use over a two year period both on his SF 86 at Question 27, and in an interview with an investigator. He only acknowledged the use in response to an interrogatory one year later. Clearance is denied.


Foreign Influence

08/23/2007

The government's evidence failed to establish that Applicant was at heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion because of his limited family connections to Bangladesh. Eligibility for an ADP I/II/III position granted.


Guideline H; Guideline E

08/23/2007

The question of whether there is sufficient evidence to support a Judge's factual findings is a matter of law. Applicant's denials and explanations are not conclusive evidence. Rather, Applicant's statements, whether written or in the form of hearing testimony, had to be considered in light of the record evidence as a whole. An Administrative Judge is not required to accept testimony merely because it is unrebutted. In determining whether there is sufficient record evidence to support a Judge's findings, the Board will consider not just whether there is record evidence consistent with the Judge's findings, but will also consider whether there is evidence that detracts from the Judge's findings. Favorable decision reversed.


Alcohol; Personal Conduct; Criminal Conduct

08/22/2007

Applicant is a 26-year-old employee of a defense contractor. He had three criminal alcohol-related incidents in three years. He admitted drinking alcohol to excess and to the point of intoxication from 1999 to 2005. He deliberately did not include a driving while intoxicated arrest on his security clearance application. Clearance is denied.


Drugs; Alcohol; Personal Conduct; Criminal

08/22/2007

The Applicant's history of drug involvement, alcohol abuse, dishonesty and criminal conduct considered in totality have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Criminal Conduct; Personal Conduct

08/22/2007

Applicant's history of criminal conduct has been mitigated by the passage of time, no recurrence of criminal activity, remorse, restitution and a good employment record that shows evidence of successful rehabilitation. His failure to reveal his complete criminal record on his security clearance application in response to question 23(f) has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Preference; Foreign Influence

08/22/2007

On Remand. 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

08/22/2007

Applicant has delinquent debts in excess of $23,000. Applicant was questioned about his finances in December 2004. Although he has been employed in his current job for three and a half year, there has been no payment on any of the debts listed in the Statement of Reasons. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from Applicant's delinquent accounts. Clearance is denied.


Foreign Influence

08/22/2007

This 59-year-old senior engineer was born in South Korea and moved to the United States (U.S.) 30years go. He has worked in the defense industry and held a security clearance for 20 years. His wife and children are all U.S. citizens and one child is attending a U.S. Military Academy. His only tie to South Korea is his 86-year-old mother, who is ailing and unable to move to the U.S. His long and deep U.S. ties far outweigh those with South Korea. Mitigation has been shown. Clearance is granted.


Financial

08/20/2007

Applicant's financial problems began in 1996. Substantial Federal and state tax liens were satisfied several years ago. Other delinquent debts have been substantially paid off. Applicant is seeking to identify the current holders of the remaining debts and to promptly pay them once that is done. His current financial situation is strong and he should have no problem doing so. Mitigation has been adequately established. Clearance is granted.


Drugs

08/16/2007

Applicant is a software engineer for a defense contractor. He unlawfully used marijuana and a prescription drug on multiple occasions between about 2002 and 2006, while a college student and a summer intern, and reported it on his security clearance application. Since then, he no longer associates with people involved with illegal drugs, and no longer lives in a college dormitory where his drug abuse occurred. He indicated his willingness to execute a statement of intent with automatic revocation of his clearance for any violation. However, his drug abuse was so extensive and continued for so long that not enough time has passed to demonstrate successful rehabilitation. Applicant failed to mitigate the security concerns arising from his history of drug involvement. Clearance is denied.


Financial

08/16/2007

Applicant has a number of listed delinquent debts, two of which she disputes and the balance of which she acknowledges as her own. By her demonstrated good-faith disputes with the two creditors, her initiated counseling, and the steps she has taken to discharge her other creditors, she demonstrates extenuating circumstances and ensuing corrective efforts to discharge her accepted debts and ensure control over her finances in the future. Applicant mitigates security concerns associated with her delinquent debts. Clearance is granted.


Financial

08/16/2007

Applicant is a 41-year-old technician who has worked for a federal contractor since 2003. He and his wife have been separated since January 2001. They have over $57,000 in delinquent debt. Applicant failed to monitor his financial situation while separated, but was aware of at least two large delinquent debts that remain unpaid. Applicant is waiting until he is divorced to resolve his financial problems. He has failed to mitigate the security concerns raised under Guideline F, financial considerations. Clearance is denied.


Criminal Conduct

08/16/2007

While the government has established a case under the criminal conduct guideline, Applicant has mitigated those concerns. As Applicant terminated alcohol use in February 2000, I find in his favor with regard to the four traffic offenses that occurred between 1988 and February 2000. Applicant's successful completion of the 52-week batterer program, couple with 10 two-hour group parenting sessions, demonstrates Applicant will not engage in the same disrespectful behavior in the future. Clearance is granted.


Foreign Influence

08/16/2007

Applicant is a native of the Republic of China (Taiwan) who became a naturalized United States citizen in December 1999. He shares close bonds with his mother and brother, who are citizens of Taiwan, and reside at the Taiwanese university where his brother is a tenured professor. Applicant co-owns with his brother a rental apartment in Taiwan, and has funds on deposit in a financial institution in Taiwan. The Foreign Influence concerns are not mitigated. Clearance is denied.


Foreign Influence; Personal Conduct

08/16/2007

Applicant, a native of the Republic of China (Taiwan), immigrated to the U.S. with his parents and siblings when he was 15. He became a naturalized U.S. citizen in April 2002. Foreign Influence concerns raised by the Taiwanese citizenship of his fianc‚e, grandparents, and other extended family members, are mitigated by his significant ties to the U.S. Applicant did not disclose on his August 2005 security clearance application (e-QIP) that he had held a valid Taiwanese passport that expired in September 2000, but Personal Conduct concerns are not established because he thought it had expired more than seven years before he applied for his clearance. Clearance is granted.


Drugs; Personal Conduct

08/16/2007

Applicant has a history of recurrent use of illegal substances (primarily methamphetamine). With a previous employer he tested positive in a random drug test, and more recently he was diagnosed methamphetamine dependent and failed to complete a drug treatment program before successfully completing his latest drug treatment program. Of added security concern are Applicant's understatements of his amphetamine use in the security clearance application he completed in January 2006. His recurrent history of methamphetamine use and understated use in his security clearance application are not mitigated under Guidelines H and E. Clearance is denied.


Personal Conduct

08/16/2007

From the fall of 2003 to around June 2005, Applicant knowingly employed an illegal alien as a live-in housekeeper-babysitter. The employment of an illegal alien violates federal law. His extensive favorable information is not sufficient to mitigate the personal conduct security concerns raised by his behavior. Clearance is denied.


Financial; Personal Conduct

08/16/2007

Applicant has a history of failing to meet his financial obligations dating back to the late 1990s. As of the date of the hearing, he had 11 accounts, owing approximately $29,400, which had been delinquent for many years. His evidence is insufficient to show that he is in control of his finances, is not overextended, and has a track record of financial responsibility. More importantly, he failed to disclose his debts and a lien in his security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence

08/10/2007

The Applicant has initiated the renunciation of his Israeli citizenship, and has surrendered his Israeli passport. The Applicant's parents, two sisters, and mother-in-laws are citizens of and reside in Israel. However, his wife, and two children are all American citizens. His financial interests are also all in the U.S. The Applicant has lived in the U.S. for over 26 years. He became a U.S. citizen in 1991, and has held a security clearance since 1995. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that he "will be placed in a position of having to choose between the interests of . . . [his foreign relatives] . . . and the interests of the U.S." Mitigation is shown. Clearance is granted.


Criminal Conduct; Personal Conduct

08/10/2007

The Applicant has a history of minor criminal and dishonest conduct, primarily related to driving offenses. The majority of this conduct occurred between 2002 and 2004. The Applicant has taken responsibility for his conduct, changed his attitude about the law, and has presented persuasive evidence that he is now eligible for a security clearance. Clearance is granted.


Guideline C; Guideline B; Guideline E

08/10/2007

The Judge's challenged conclusions regarding Applicant's falsifications are sustainable. Applicant has not met her burden in challenging the Judge's credibility determination. Adverse decision affirmed.


Guideline F

08/10/2007

A decision by another Hearing Office Judge is not legally binding on that Judge's colleagues in other cases. Nor are Hearing Office cases binding on the Board. Adverse decision affirmed.


Guideline B

08/10/2007

There is a rebuttable presumption that a Judge is unbiased and impartial and a party seeking to rebut that presumption has a very heavy burden on appeal. Adverse decision affirmed.


Drugs

08/09/2007

Applicant's marijuana use from 1997 to 2006 generates a security concern. The majority of this use occurred while in college. He self-reported it on his security clearance application, and voluntarily consulted with a counselor who concluded it was diagnostically insignificant, and that the probability of future use was low. He has not smoked marijuana in more than a year. Applicant mitigated the security concern. Clearance is granted.


Financial

08/09/2007

Applicant is 47 years old and works for a federal contractor. Beginning in 1999, he accumulated debt that he resolved through a Chapter 7 bankruptcy in 2007, after attempts to manage a repayment plan through a Chapter 13 bankruptcy that was dismissed in 2003. Much of the $23,000 debt was attributable to matters outside of his control, and he made a good faith effort to resolve it. Applicant mitigated the security concerns raised under the financial considerations guideline. Clearance is granted.


Foreign Influence

08/09/2007

The Applicant's mother and two sisters reside in Hong Kong. He also has in-laws who reside in China. However, the Applicant has lived in the U.S. since 1989, where he obtained a Ph.D. from an American university. He became a U.S. citizen in 2004. His wife and two children are all Americans. Their assets in the U.S. total more than $800,000. He is active in his local church, and his minister thinks highly of the Applicant. Mitigation is shown. Clearance is granted.


Personal Conduct; Criminal Conduct

08/09/2007

Applicant provided several versions of past drug use during the security clearance application process raising personal and criminal conduct concerns. Applicant's explanation that he submitted a false statement in his own handwriting at the direction of a Defense Security Service Special Agent expanding the scope of his past drug involvement is not credible. Applicant failed to mitigate both concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

08/09/2007

Applicant is 23 years old, married, and works for a defense contractor. He and a friend created at least four counterfeit county fair tickets in 2004. He pled guilty to attempted forgery in 2006, after he completed his security clearance application. Applicant mitigated the criminal conduct and personal conduct security concerns. Clearance is granted.


Financial; Alcohol

08/09/2007

Applicant, a 38-year-old supply technician employed by a defense contractor, developed financial problems. In April 2002 she lost her job. Two months later she was in an automobile accident that totally incapacitated her cohabitant, the father of her two children. She filed a Chapter 7 bankruptcy petition in November 2002. She obtained gainful employment in October 2004. She filed a Chapter 13 wage earner petition in 2006 to stop the foreclosure of her home. In September 2006, she received a personal injury settlement resulting from the accident. All debt payments are current. She had minor alcohol-related incidents in 1995 and 2006. She successfully mitigated the security concerns about financial considerations and alcohol consumption. Clearance is granted.


Guideline F; Guideline E; Guideline J

08/09/2007

The Board does not review cases de novo. Adverse decision affirmed.


Guideline E; Guideline D; Guideline J

08/09/2007

The fact that criminal charges were dropped or dismissed does not preclude a judge from finding that an applicant engaged in the conduct underlying the criminal charges. The Board is required to give deference to a judge's credibility determinations.


Foreign Preference; Foreign Infuence

08/08/2007

The Applicant has renounced her Iranian citizenship, and destroyed her Iranian passport. She is a native born American, who obtained an Iranian passport in order to visit her in-laws in Iran, in 1996 and again in 1998. Her mother-in-law is a dual national with the U.S., and her father-in-law has a green card. However, they both reside in Iran. Her mother-in-law is a retired secretary, and her father-in-law is an architect. Neither in-law is in the employ of the Iranian government. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that she "will be placed in a position of having to choose between the interests of . . . [her foreign relatives] . . . and the interests of the U.S." Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

08/07/2007

Applicant has a history of repeated financial problems. She gave false answers in response to two questions about her financial delinquencies on a security-clearance application. She did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns. Eligibility for a security clearance is denied.


Alcohol; Criminal Conduct

08/07/2007

Applicant is a 51-year-old engineer employed by a defense contractor. He was convicted and sentenced for driving under the influence of alcohol (DUI) in 1991, 1992, and 2004, in three different states. Within a month of his latest DUI arrest, he was arrested for riding a bicycle under the influence, and has resumed alcohol consumption, at times to the point of intoxication. Applicant submitted no evidence in extenuation or mitigation of these admitted facts, and failed to meet his burden to mitigate security concerns raised by his alcohol consumption and criminal conduct. Clearance is denied.


Foreign Influence

08/07/2007

The Applicant's mother and four of his siblings are citizens of and reside in Iran. He also has three siblings who reside in France. However, the Applicant has lived in the U.S. since emigrating from Iran in1984. He has never returned to Iran, and he became a U.S. citizen in 1992. His wife and two children are all Americans. The Applicant obtained both a Bachelors and Masters Degree from an American university. He has also held a security clearance for about ten years. His supervisors and co-workers think most highly of the Appellant, and do recommend that he continue to hold said clearance. Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

08/06/2007

Applicant has two listed delinquent debts on his prior credit report, one of which he disputed and ultimately paid, and the other of which he initially denied any debt responsibility before ultimately discharging through a settlement arrangement with the creditor. By his demonstrated good-faith disputes and discharge of his debts, extenuating circumstances associated with his debts during a period of income loss from his wife and increased college expenses, Applicant mitigates security concerns associated with his delinquent debts. He successfully refutes allegations of falsification of his security clearance application. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

08/06/2007

Applicant is a 53-year-old employee of a defense contractor who has held a clearance for 25 years. He smoked marijuana, with varying frequency, between 1971 and January 1999, when he decided to quit. His teenage son was killed by a drunk driver in 2000, and he has since dedicated most of his free time to volunteering in crime, substance abuse and drunk-driving prevention programs. He falsely denied drug use in a 1992 security clearance application, but admitted it in a 1993 interview and has reported accurately on two subsequent applications. Applicant mitigated the security concerns raised by his drug involvement, personal conduct and criminal conduct. Clearance is granted.


Financial

08/06/2007

Applicant is a 43-year-old network administrator employed by a federal government contractor. He amassed about $12,792 in delinquent debts, many being charged off or placed for collection between 2003 and 2005. He provided no reasons for his financial problems, and no evidence of resolving his indebtedness. He failed to mitigate the security concerns about financial considerations. Clearance is denied.


Criminal Conduct

08/06/2007

Applicant has a history of criminal conduct involving his current wife, who is deeply troubled. He was arrested on four occasions in 2000, 2004, and 2006, and he has three misdemeanor convictions. He is on probation until April 2009. The potential for exploitation and for recurrence of similar conduct cannot be ruled out. Eligibility for a security clearance is denied.


Financial

08/06/2007

Applicant incurred significant debts, primarily from credit card use, in the 1990s at about the same time her employment began to fluctuate. When she stopped her payments, many of the creditors obtained judgments. For the last two and one-half years, she has consistently and routinely made payments on the judgments and one outstanding debt. While she has not resolved all her debts, she has made a good faith effort to pay her debts. She has mitigated the government's concerns about her finances under Guideline F. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

08/06/2007

Applicant has a history of financial problems due to an unexpected layoff in 2002. He failed to timely file federal and state income tax returns for tax years 2002, 2003, and 2004. Applicant was also disciplined by his employer in 2004 for viewing inappropriate material on his work computer. He is repaying child support arrearage, but security concerns persist because of his failure to pay his mortgage on time, his concealment from his spouse of the details concerning his misuse of the work computer, and his failure to rectify his tax situation. Clearance is denied.


Guideline F; Guideline E

08/06/2007

The Appeal Board's authority is to review cases in which the appealing party has alleged harmful error. Adverse decision affirmed.


Guideline J; Guideline G; Guideline E

08/06/2007

The Board has inherent authority to entertain a request for reconsideration. However, there is no right to reconsideration. Applicant's request is denied.


Foreign Influence; Foreign Preference

08/06/2007

Applicant is a 27-year-old engineer working for a defense contractor. Although he was born in Germany, his birth certificate reflects that he is a United States citizen born abroad. Because his father is a United States citizen and his mother is a Danish citizen, he has dual citizenship with Denmark. Applicant lives in Germany with his mother. Applicant used his Danish passport over the years when visiting Denmark, but surrendered it in 2006. Applicant has mitigated the security concerns under Guidelines B and C. Clearance is granted.


Criminal Conduct; Personal Conduct

08/03/2007

Applicant is a 46-year-old employee of a defense contractor who has been convicted of disturbing the peace, battering his wife, DWI, and violating a domestic violence protective order. He deliberately omitted another arrest for threatening his wife, for which charges were dropped, from his security clearance application. He did not mitigate security concerns raised by his criminal and personal conduct. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct; Criminal

08/03/2007

Applicant emigrated to the United States in 1988. He was born and grew up in Nigeria. He became a naturalized U.S. citizen in 2003, and received his U.S. passport shortly thereafter. Applicant's use, renewal, and possession of a current Nigerian passport pose an unacceptable security concern. Moreover, he deliberately falsified his security clearance application. His favorable information is not sufficient to mitigate the security concerns. Clearance is denied.


Financial

08/03/2007

Applicant is a 61-year-old decorated combat veteran of the U.S. Army Reserve, currently employed by a defense contractor. Applicant co-signed a car loan for his son. His son missed a few payments. The car was repossessed, and a judgment was awarded against Applicant and his son. Applicant paid the judgment. Applicant has mitigated the financial considerations concern. Clearance is granted.


Personal Conduct; Criminal Conduct

08/03/2007

Applicant is 45 years old. He served in the U.S. Navy for twenty-one years. While in the service, he received Non-Judicial Punishments on three occasions and was convicted at a General Court-Martial for charges that were subsequently dismissed. He was arrested and charged with criminal conduct three other times. When he completed security clearance applications in November 2002 and May 2005, he did not disclose all of the criminal charges, a bankruptcy, and an employment termination. He failed to mitigate security concerns raised by his personal and criminal conduct. Clearance is denied.


Foreign Influence

08/02/2007

The Applicant's immediate family (wife, children and parents), except for his sister, are American citizens. His sister is a citizen of Israel and lives there. The Applicant's in-laws are citizens of Belarus and reside there, though they are in the process of emigrating to Canada. Neither his sister or in-laws are agents of the Israeli or Belarusian governments, or in a position to be exploited by those governments. The Applicant can be expected to resolve any conflict of interest in favor of the U.S. interest. He is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Guideline B

08/02/2007

In Foreign Influence cases, the nature of the foreign government involved in the case and the intelligence gathering history of that government are important evidence that provides context for all the other evidence of record and must be brought to bear on the Judge's ultimate conclusions. Favorable decision remanded.


Guideline G

08/02/2007

The Judge's opinion that Applicant has a made a decisive change in favor of sobriety is based for the most part on promises about the future, prompted by receipt of the SOR. Promises to take action in th future, however, sincere, are not a substitute for a documented track record of remedial action. The Judge's favorable decision was without adequate evidentiary basis and without due consideration of contrary record evidence. Favorable decision reversed.


Guideline H; Guideline E

08/02/2007

It is the Administrative Judge, not either party that makes findings of fact. The Directive authorizes the Board to review a Judge's findings, not to engage in de novo fact- finding. The Judge considered factors in addition tto the passage of time. The Board need not agree with a Judge's decision in order to sustain it. Favorable decision affirmed.


Guideline G

08/02/2007

The Judge issued one finding which is erroneous. That error is harmless. Applicant has not met his heavy burden o appeal in challenging the Judge's credibility determination Adverse decision affirmed.


Criminal Conduct; Personal Conduct

07/31/2007

Applicant was convicted of misdemeanor theft in 1993, right after graduating from high school and shortly before serving honorably in the Army for four years. Since his discharge, he has performed classified work for a defense contractor, compiling an excellent record. In 2005, during his first six months of marriage, he committed a misdemeanor domestic assault during an argument. He successfully completed a rehabilitation and anger management program, has a very good relationship with his wife, and has had no further incidents. His omission of these matters from his security clearance application was not deliberate. Applicant mitigated security concerns arising from his criminal conduct, and his personal conduct. Clearance is granted.


Financial

07/31/2007

Applicant has a history of unresolved financial problems. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the financial considerations security concern. Eligibility for a security clearance is denied.


Foreign Influence; Foreign Preference

07/31/2007

Applicant, a 51-year-old engineer with a leading defense contractor, mitigated security concerns for foreign preference arising from a father and four siblings residing in Taiwan by showing his extensive U.S. education since his arrival here in 1987, his security awareness, and strong financial and educational ties to the U.S. He also mitigated foreign preference allegation concerning his Taiwan passport by proof of its surrender to his corporate security office. Clearance is granted.


Drugs

07/31/2007

Applicant is a 40-year-old employee of a defense contractor who admitted occasional use of marijuana with decreasing frequency over a number of years. His most recent use was after submission of his security clearance application, while holding an interim clearance. Recently, he finds marijuana use distasteful, but used it anyway due to peer pressure. He could not rule out future use under foreseeable circumstances. Drug involvement security concerns raised by this inability or unwillingness to follow rules and regulations, and lack of trustworthiness and independent good judgment were not mitigated. Clearance is denied.


Foreign Influence

07/31/2007

Applicant was born in Russia. She currently works for a defense contractor as a test engineer. In 1994, she married an American in the U.S. She became a naturalized U.S. citizen in 2000. Her mother, half-brother, stepfather, and aunt are citizens and residents of Russia. Applicant visited Russia in 1993, 1996, 1998, 2001, and 2002. Applicant has mitigated the foreign influence security concerns. Clearance is granted.


Foreign Influence

07/31/2007

The government's evidence failed to establish that Applicant was at heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion because of her limited family connections to Nigeria. Clearance granted.


Financial

07/31/2007

Applicant failed to mitigate security concerns over his continuing and ongoing financial problems, including a repossession of his car because of gambling debts. While he consulted two resources to help him develop a plan to resolve his problems, he provided no evidence that he has paid any of his outstanding debts other than an IRS lien being paid through wage garnishments. While he has taken some steps to reform his conduct and stated an intent to resolve his debts, he failed to demonstrate sufficient positive changes in behavior. Consequently, security concerns remain over finances. Clearance is denied.


Criminal Conduct

07/31/2007

Applicant is a program manager and has worked for the same defense contractor since 1989. While on active duty in the Air Force, he was convicted of using cocaine and distributing cocaine and marijuana by both the state and a general court-martial. He served approximately seven months for the state conviction and 18 months in prison as a result of the military conviction. The provisions of 10 U.S.C.  986 apply for his military imprisonment. Applicant mitigated the criminal conduct security concerns. However, in accordance with 10 U.S.C.  986, Applicant cannot be granted a security clearance. Based solely on that provision, clearance is denied. He argues that a waiver of 10 U.S.C.  986 is merited and requests the matter be forwarded to the Director for consideration.


Guideline G; Guideline J; Guideline H

07/31/2007

There is a substantial amount of record evidence which undercuts the Judge's conclusions regarding mitigation. The Judge's ultimate conclusion that Applicant has met his burden of persuasion is not sustainable on this record. Favorable decision reversed


Guideline F; Guideline J; Guideline E

07/31/2007

The record provides no basis to conclude that the Judge's material findings are an unreasonable or implausible interpretation of the evidence. A review of the record as a whole does not support Applicant's claim that he was denied the due process rights secured under the Directive. Adverse decision affirmed.


Foreign Influence; Foreign Preference

07/30/2007

Applicant is a 46-year-old audit supervisor for a defense contractor. He came to the United States in 1997, and became a United States citizen in 2004. He obtained a United States passport that same year. He has family members and friends who are citizens and residents of Nigeria. He has continuous contact with these people. Applicant obtained a new Nigerian passport in June 2006, and used it to enter Nigeria in March 2007. He has not surrendered the passport. Applicant failed to present sufficient information to mitigate security concerns for foreign influence and foreign preference. Clearance is denied.


Financial; Personal Conduct

07/30/2007

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


Personal Conduct; Criminal Conduct

07/30/2007

Applicant's deliberate falsification of his clearance applications and his financial irresponsibility render him unsuitable for access to classified information. Clearance denied.


Alcohol; Personal Conduct

07/30/2007

Applicant's long history of alcohol abuse that includes two DUI's, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Foreign Influence

07/30/2007

The Applicant's casual and infrequent foreign contacts with his two sisters in Vietnam pose no security risk. Clearance is granted.


Alcohol

07/30/2007

Applicant is a 49-year-old employee of a defense contractor. Applicant was arrested in February 2005, and charged with driving under the influence (DUI), and pled guilty to the lesser charge of reckless driving. He was arrested again for DUI in April 2005, and subsequently convicted. Applicant was on probation through early July 2007. Applicant has not mitigated the security concerns raised by his alcohol consumption. Clearance is denied.


Financial; Personal Conduct

07/30/2007

Applicant is a 70-year-old police security officer working for a defense contractor. He had twenty alleged debts listed in the statement of reasons (SOR) totaling approximately $19,228. His medical bills resulted from a 2005 heart attack and subsequent open heart surgery. His primary medical insurance did not pay all the health care providers and he is working with Medicare to resolve the remainder of the medical bills. Three credit card debts from his deceased wife's account are collection barred because of Colorado's 3-year statute of limitations for such debts. Moreover, Applicant paid insurance premiums to cover these accounts. Applicant has mitigated security concerns arising under financial considerations. He did not falsify his security clearance application. He has therefore, mitigated security concerns under personal conduct. Clearance is granted.


Financial

07/30/2007

Applicant is 47 years old and has worked as a document specialist for a defense contractor since August 2005. Prior to her current employment, she was unemployed for at least 18 months. During her period of unemployment, she did not take care of her financial obligations. Applicant has 16 delinquent debts totaling about $16,479. She has not paid any of her creditors since she resumed employment in 2005. Clearance is denied.


Financial

07/30/2007

Between 2001 and 2005, Applicant accrued $12,000 of delinquent debt. Her financial problems were caused by lost income resulting from her husband's employment downturn, and medical bills related to her daughter's serious illness. Since her husband found a steady job in November 2006, she has made substantial good-faith efforts to rehabilitate her finances. The likelihood of recurrence of her past problems is minimal. Clearance is granted.


Financial; Personal Conduct

07/30/2007

Applicant is a 65-year-old truck driver. He occasionally works for his ex-wife driving trucks. He has more than $150,000 in unpaid tax liens to the IRS. He admitted he has not paid his taxes in 15 years. He also has other unpaid delinquent debts that he denies, but has not contacted the creditors or credit agencies to dispute. Applicant failed to list any of his delinquent debts on his security clearance application. Applicant failed to mitigate the security concerns raised under Guideline F, financial considerations, and Guideline E, personal conduct. Clearance is denied.


Financial

07/30/2007

Applicant is 63 years old and an engineer technician for a federal contractor. He retired from the civil service after 34 years and receives a federal pension. Applicant has a $37,000 delinquent debt for a recreational vehicle he returned to the creditor in 2001. He let the debt remain dormant until his security clearance became an issue. He has not made a good faith effort to resolve the debt. Applicant failed to mitigate the security concerns raised under Guideline F, financial considerations. Clearance is denied.


Financial; Personal Conduct

07/30/2007

Applicant has approximately $16,000 in delinquent debt. He has taken no action to resolve these delinquent accounts. His failure to disclose a judgment on a questionnaire for a national security position was not deliberate. He has not mitigated the security concerns raised under financial considerations. Clearance is denied.


Financial; Criminal Conduct

07/30/2007

In the 1990s, Applicant received a general discharge under honorable conditions from the Army after an extensive unauthorized absence, was prosecuted for bouncing checks, and accrued a child support delinquency in excess of $15,000. He violated the order by failing to pay the restitution on time, and failed to provide a satisfactory, candid explanation for the accrual of the child support delinquency at the hearing. Clearance is denied.


Financial

07/30/2007

Applicant accrued about $25,000 in delinquent debt between 2000 and 2006, due almost entirely to unforeseen events and circumstances beyond her control. She has responded responsibly to her financial problems, making difficult but necessary decisions to resolve her debts and re- establish her financial well-being. Available information is sufficient to mitigate the security concerns about her finances. Eligibility for an ADP I/II/III position is granted


Drugs; Personal Conduct

07/30/2007

Security concerns are raised pertaining to Applicant's history of illegal marijuana use. In a signed, sworn, statement provided to the Defense Security Service in June 2002, she professed her intentions never to use marijuana or any other illegal drug in the future. She continued to occasionally use marijuana until January 2005. She used marijuana after being granted a security clearance on June 24, 2003. Her present expressed intentions to no longer use marijuana is given minimal credence based on her failure to follow through with her past intentions to discontinue illegal marijuana use. She has not met her burden to mitigate the concerns raised under drug involvement. Clearance is denied.


Personal Conduct

07/30/2007

Applicant is a 26-year-old employee of a defense contractor. Applicant committed plagiarism in about 1999 or 2000 at one college, and cheated at another college in 2003. Both incidents were adjudicated against Applicant at academic discipline hearings. Applicant failed to mitigate the security concerns based on his personal conduct. Clearance is denied.


Financial; Personal Conduct

07/30/2007

Applicant is a 45-year-old owner and president of a small business defense contractor. He owes more than $1,000,000 in delinquent federal income and employer taxes, and owes more than $220,000 in other debts reduced to liens and judgments. He has made some partial repayments, but regularly experiences negative monthly cash flow and is unable to repay these debts. He also received more than 25 citations for traffic and parking violations and did not pay the fines when due. Security concerns raised by financial considerations and personal conduct were not mitigated. Clearance is denied.


Criminal Conduct

07/30/2007

Applicant, a 31-year-old customer service representative for a defense contractor, was arrested and convicted of assault, drug use, drug possession with intent to sell, possession of drug paraphernalia, and probation violations from 1993 to 2002. He presented insufficient information to show he has been successfully rehabilitated. Eligibility is denied.


Alcohol

07/30/2007

Applicant is a 46-year-old retired Navy Senior Chief, who has continued working as a submarine launched ballistic missile technician for a defense contractor since 2004. He had three minor alcohol related offenses from 1979 to 1981, before he enlisted. In December 2005, while Christmas shopping, he consumed too many strong draft beers during several stops for meals between noon and early evening, and was arrested for DUI. He is not alcohol dependent and has complied with or exceeded all conditions of his alcohol treatment program and his pre-trial diversion agreement that will result in a suspended sentence for negligent driving. Applicant fully mitigated security concerns arising from his alcohol consumption. Clearance is granted.


Personal Conduct; Criminal Conduct

07/30/2007

Applicant's deliberate falsifications of his17 June 2002 clearance application and his 10 September 2002 subject interview render him unsuitable for a security clearance. Clearance denied.


Financial

07/30/2007

Applicant is a 33-year-old employee working for a defense contractor. He had alleged debts listed in the statement of reasons (SOR) totaling approximately $25,000. His debt problems resulted in part from his wife's medical emergencies and periods of unemployment. He is not able to pay his debts due to his low paying position. He has no plan in place to resolve the debt. Applicant has not mitigated security concerns arising under financial considerations. Clearance is denied.


Criminal Conduct; Personal Conduct

07/30/2007

Applicant's criminal history includes seven arrests and/or charges and convictions for drug related offenses. The Applicant's arrest and subsequent conviction for Distribution of Cocaine in March 1994, resulted in him being incarcerated in jail for over one year. Therefore, he is disqualified under 10 U.S.C. Section 986 from having a security clearance granted or renewed. No waiver is recommended. Clearance is denied.


Alcohol

07/30/2007

Applicant's mitigated security concerns over his alcohol issues and alcohol-related arrests from 2002 to 2004 as he has no recent incidents in the past three years and has fully complied with all court-ordered alcohol education and probation requirements. He voluntarily sought an alcohol assessment from a professional in the field and additional counseling in February 2007. He was assessed as having a "low probability of a substance dependence disorder" and has made a commitment to abstinence. Also, he has a long history at his place of employment where he is highly regarded as having outstanding knowledge, skills, and abilities. Clearance is granted.


Drugs; Personal Conduct

07/30/2007

Applicant, who had abused marijuana since age 15, and cocaine since age 19, abused OxyContin for four months at age 21. She exhibited good judgment in taking the initiative and pursuing rehabilitation treatment from August 2004 to about November 2006. She has abstained from all illicit substance abuse since a relapse in September 2004, and changed her lifestyle and her associates. Drug Involvement concerns are mitigated. Personal Conduct concerns because of her failure to disclose her marijuana and cocaine use on her security clearance application are not proven where Applicant listed her recent OxyContin abuse and treatment and intended to provide full details of her drug use to an investigator. Clearance is granted.


Personal Conduct; Criminal Conduct

07/30/2007

Applicant is 57 years old, married to his fourth wife, and they have eight children. He has a Ph.D. in electrical engineering and works for a defense contractor. He failed to disclose his 1969 to 1994 illegal drug use on his security clearance applications in 1996 and 2005. He admits he avoided disclosing that information, and that he lied on the 1996 application. Applicant failed to mitigate the personal conduct and criminal conduct security concerns. Clearance is denied.


Foreign Preference

07/30/2007

Applicant is 66 years old, divorced, and has two adult sons. She lived for 26 years in Australia, holding a U.S. passport and citizenship the entire time. In 1990, she understood the U.S. changed its policy to allow U.S. citizens to hold Australian citizenship also. She became an Australian citizen and obtained a passport. In 2000, she returned to the U.S. to live again in her home state permanently. Applicant mitigated the foreign preference trustworthiness concern. Eligibility for an ADP I/II/III position is granted.


Guideline H

07/30/2007

Given the record that was before the Judge his ultimate unfavorable decision is not aritrari, capricious or contrary to law. Adverse decision affirmed.


Foreign Preference: Foreign Influence

07/30/2007

Applicant is a native of Nigeria who became a naturalized United States citizen in October 1996. He renewed his Nigerian passport in September 2002 for convenience in traveling to Nigeria to visit family members, including his mother. He has since surrendered his Nigerian passport and notified the Nigerian Embassy of his intent to renounce his Nigerian citizenship, in mitigation of the Foreign Preference concerns. Foreign Influence concerns about the Nigerian citizenship and residency of several family members are mitigated by his strong ties to the United States developed since 1989. Clearance is granted.


Guideline F

07/30/2007

The federal government need not wait until an applicant actually mishandles classified information before it can deny access to such information. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

07/30/2007

Applicant, a 22-year-old employee of a defense contractor for the past five years, failed to mitigate security concerns under Guideline E arising from failure to report his drug use at Question 27 on his 2002 SF 86 yet provided detailed information on many other matters on the application. He also was alleged to have given inconsistent information to two investigators in 2004 and 2006 regarding the drug use as to frequency and dates but this allegation was mitigated since the evidence was not persuasive that he did so deliberately as required by Guideline E. He mitigated allegations under Guideline J of criminal conduct in 2002 for criminal trespass because of the passage of time and his positive conduct for the past four years, and mitigated a criminal violation of 18 U.S.C. 1001 because the evidence did not rise to the level of proof of criminal conduct. Clearance is denied.


Criminal Conduct; Sexual Behavior

07/30/2007

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


Security Violations; Personal Conduct

07/30/2007

Applicant, a 66-year-old employee of a defense contractor who has held a security clearance for 44 years, mitigated security concerns over allegations of security violations under Guideline K over the past 34 years through an analysis of the specifics of the incidents as well as passage of time since the earliest in 1973. He also mitigated personal conduct allegations relating to inconsistent statements to investigators in 1973 and 2002 by establishing that the inconsistencies were not deliberate. Clearance is granted.


Financial

07/27/2007

Applicant is a field engineer for a federal contractor, and has worked for federal contractors in a variety of positions since at least 1998. He neglected to pay numerous debts following several moves, accumulating over $23,000.00 in delinquent debts. Applicant failed to mitigate the security concerns arising from his history of financial difficulties. Clearance is denied.


Financial; Personal Conduct

07/27/2007

Applicant's accrual of $8,700 of post-Chapter 7 bankruptcy debt generates a security concern. Her financial problems have coincided with a history of medical problems, and the failure of her children's father to pay child support. Since 2006, she has been steadily resolving her delinquencies, has obtained a part-time job, and has retained a counseling agency which helped her develop a payment plan. She has mitigated the security concern. Clearance is granted.


Foreign Influence

07/27/2007

Applicant emigrated from China to the United States in 1989 and became a U.S. citizen in 1999. She does maintain a relatively close relationship with her parents, who are citizen residents of China. Her husband, who also emigrated from China to the United States maintains a similar relationship with his parents, who are also citizen residents of China. Applicant did not mitigate security concerns pertaining to foreign influence. Clearance is denied.


Criminal Conduct; Personal Conduct

07/27/2007

Applicant was arrested for assault and battery on his spouse in 1992 and 1994 after he pushed her during arguments. Recurrence is unlikely since they are now divorced. In January 2003, Applicant checked onto an airline carrier a test bag containing simulated firearm and explosive devices without first disclosing the contents of the bag, and he interfered with the performance of a security screener. He was placed on pretrial probation on a criminal charge of possession of a hoax device and assessed civil fines for violating federal regulations. Criminal Conduct and Personal Conduct concerns are not mitigated. Clearance is denied.


Criminal Conduct

07/25/2007

The Applicant was involved in two criminal incidents in 2001 and 2004. The Applicant remains on probation for the second incident. In addition, the Applicant remains personally involved with the other participant in both criminal incidents. Insufficient mitigation is shown to overcome the evidence of poor judgment, unreliability and untrustworthiness. Clearance is denied.


Guideline E; Guideline F

07/25/2007

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


Guideline G; Guideline E; Guideline J

07/25/2007

The Judge is not required to cite or discuss every piece of evidence. The application of the disqualifying and mitigating conditions requires the exercise of sound discretion in light of the record as a whole. Adverse decision affirmed.


Guideline F

07/25/2007

The Judge's decision states that Applicant did not submit a documentary response to the File of Relevant Material. However the file contains a response. Adverse decision remanded.


Guideline C; Guideline B

07/24/2007

Guideline B cases should be resolved to the greatest extent possible in the context of the current political conditions in the country at issue. The Judge's failure to make any factual findings about the situation in Nigeria vitiates the credibility of her decision. Favorable decision remanded.


Guideline E

07/24/2007

Although Applicant strongly disagrees with the Judge's conclusions, he has not demonstrated that they are arbitrary, capricious, or contrary to law. Adverse decision affirmed


Financial

07/23/2007

Applicant admits owing more than $13,000 on seven delinquent accounts. He has shown payment of $327. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from Applicant's unpaid debts. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

07/23/2007

Applicant is 42 years old and works for a federal contractor. From 1986 to 2005, he was charged several times for incidents involving criminal conduct, some of which related to alcohol consumption. He remains on probation until the end of November 2007 for the last offense. When he completed his security clearance application in May 2002, he failed to disclose all of the charges against him. In a subsequent interview relating to his criminal history, he did not disclose pertinent information about one of the charges. He failed to mitigate security concerns raised by his criminal conduct, alcohol consumption and personal conduct. Clearance is denied.


Foreign Influence; Foreign Preference

07/23/2007

Applicant is a 52-year-old director of estimating and purchasing employed by a federal government contractor. He has siblings residing in and citizens of Iran. He speaks with them frequently. He has traveled to Iran about every one and one-half to two years over the past ten years, using his Iranian passport. He renounced his Iranian citizenship and destroyed his passport at the hearing. He successfully mitigated the security concerns about foreign preference, but failed to mitigate those concerns about foreign influence. Clearance is denied.


Alcohol

07/23/2007

Applicant, a 27-year-old employee of a defense contractor, mitigated allegations of alcohol consumption arising from two DUIs during a one-year period in 2005 resulting in conviction and extensive rehabilitation efforts. He established that his efforts have been successful and he has acknowledged his alcohol abuse, provided evidence of actions taken to overcome the problems, and established a pattern of responsible use. He also has shown that his behavior does not cast doubt on his current reliability, trustworthiness, or good judgment. Clearance is granted.


Foreign Influence, Foreign Preference; Personal Conduct

07/23/2007

Applicant is a 25-year-old database administrator employed by a federal contractor. His mother-in-law and father-in-law are citizens and residents of Nigeria. All of his family lives in the U.S. He obtained and traveled on a Nigerian passport in 2004, even though he was a U. S. citizen. He did not completely list his relatives and associates on his security clearance application, and did not understand an interviewer's question, thereby giving incomplete answers. These actions were negligent but not deliberate. He cut his Nigerian passport in two and stated his intent to renounce his Nigerian citizenship. He successfully mitigated security concerns about foreign influence, foreign preference, and personal conduct. Clearance is granted.


Financial

07/23/2007

Applicant's approximately $10,000 in unresolved debt has grown from her having to rely only on her income to support her two children ages ten and eight as well her decision to support her boyfriend for seven years while he has been unemployed. While she has performed well in her position for two years, she has only paid two debts out of ten. She states she plans to pay the other debts, but failed to develop a payment plan or challenge the debts with the remaining creditors. Consequently, she failed to mitigate the government's concerns under Guideline F. Eligibility for trustworthiness is denied.


Guideline M; Guideline K; Guideline E

07/23/2007

Although Department Counsel has established error in the Judge's decision, the Judge's decision is sustainable. The Board need not agree withe Judge's to conclude that is rationally based on the Judge's findings. Favorable decision affirmed.


Guideline K

07/23/2007

The issue in the case is not whether Applicant's security violations were serious, but whether the Judge erred in concluding that they had been mitigated. The Board concludes that the Judge's analysis is rationally connected to his findings. Favorable decision affirmed.


Personal Conduct; Misuse of Information Technology; Criminal Conduct

07/23/2007

Applicant is a 46-year-old information security engineer employed by a federal government contractor. He was alleged to have been terminated from employment for inappropriate use of government equipment, visiting inappropriate websites, the loading of unauthorized software on government equipment, and/or deliberately not following instructions and performance issues. He denied the conduct in an interview with the Defense Security Service. The government failed to establish its case about personal conduct, misuse of information technology, and criminal conduct Clearance is granted.


Personal Conduct; Criminal; Security Violations

07/23/2007

Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the cumulative effect of his history of mishandling classified information, false statements and related personal conduct, and criminal conduct. Eligibility for a security clearance is denied.


Financial

07/20/2007

Applicant had four delinquent debts listed on the SOR. He borrowed money to invest in the stock market, and the market declined in 2001 resulting in large financial losses. His wife lost her job. He recently paid all four debts, and completed credit counseling. Financial considerations security concerns are mitigated. Clearance is granted.


Foreign Influence

07/20/2007

Applicant is a 33-year-old managing consultant employed by a federal government contractor. His grandmother and grandfather are citizens and residents of The Peoples Republic of China (PRC). His mother-in-law, father- in-law, and brother-in-law are citizens and residents of the PRC. He traveled to China in 2000, 2002, 2004, and 2005. He successfully mitigated the security concerns about foreign influence. Clearance is granted.


Drugs; Personal Conduct

07/20/2007

Applicant is a 45-year-old deputy program manager employed by a federal contractor. He smoked marijuana six times in 2001. After obtaining a security clearance, in 2004, he smoked marijuana once. The drug use is not recent, he no longer associates with other persons involved, and he signed a statement of intent not to use illegal drugs in the future. He successfully mitigated the security concerns about drug involvement. He also gave one false answer on a security clearance application in 2003. His actions were negligent, but not deliberate, and the government failed to make its case about personal conduct. Clearance is granted.


Foreign Influence; Personal Conduct

07/20/2007

Applicant is 46 years old and has worked as a computer network administrator for a defense contractor since 2001. In 1997, he married a Russian citizen, here in the U.S. His wife has a niece and friends who are citizens and residents of Russia. In 1996, he visited Russia and was taking photographs. He was taken into custody by the Russian police. He was asked if he would be willing to work for them. Applicant agreed to do so provided he did nothing illegal. He deliberately falsified material facts on his security clearance application by omitting that he agreed to work for the Russian police. He has not mitigated the foreign influence or personal conduct security concerns. Clearance is denied.


Sexual Behavior; Personal Conduct

07/20/2007

Applicant is a 27-year-old employee of a defense contractor. Applicant became obsessed with pornography and masturbation. He viewed pornography and masturbated at his workplace. Applicant received religious-based counseling and claims to be cured of his pornography "addiction." Applicant has not mitigated the security concerns based on his sexual behavior. Clearance is denied.


Financial

07/20/2007

Applicant began drinking heavily around 1988 and continued to do so until March 7, 1999, when he stopped drinking. When drinking, he failed to file federal and state income taxes for a number of years in the 1990s. He also failed to pay other expenses. Although he has paid his overdue state income taxes, he has not paid his overdue federal income taxes. He recently filed for Chapter 13 bankruptcy protection and has just started this process. Because his federal income tax issues remain unresolved, Applicant has not mitigated the financial concerns under Guideline F. Eligibility is denied.


Foreign Influence

07/20/2007

Applicant is a native of Cuba who sought and received political asylum in the U.S. in 1993. He was joined by his wife and daughter in 1994. He, his wife, and his daughter are now U.S. citizens. His in-laws are permanent residents of the U.S. He left a daughter behind in Cuba, and he had no contact with her until she recently contacted him by email. His mother, brother, and sister are citizens and residents of Cuba. His mother lived with him in the U.S. from July 2000 to July 2001. He has no contact with his brother and sister. Based on his strong ties to the U.S., security concerns based on foreign influence are mitigated. Clearance is granted.


Guideline F

07/20/2007

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


Guideline J

07/20/2007

Applicant failed to mitigate the security concerns raised by his failure to file timely Federal tax returns. Adverse decision affirmed.


Foreign Influence; Foreign Preference; Criminal Conduct; Personal Conduct

07/20/2007

Applicant is a 43-year-old armed security officer employed by a federal government contractor. His father and three brothers are citizens and residents of Morocco. His mother lives in the U.S., as do two brothers who are U.S. citizens. He renounced his Moroccan citizenship and surrendered his Moroccan passport. A criminal arrest charge was expunged because he was erroneously charged. He falsely answered several questions on a security clearance application. Using the "whole person concept" he successfully mitigated the security concerns about foreign influence, foreign preference, criminal conduct, and personal conduct. Clearance is granted.


Financial

07/19/2007

Applicant is a high regarded member of a defense contractor who has a history of delinquent debts, which he accumulated during a lengthy military deployment between 1996 and 1997. Applicant has received counseling and initiated substantial successful efforts before the issuance of the SOR to restore his credit. Of the two debts listed as delinquent in the SOR, one is disputed and the other is barred by the relevant statute of limitations. Both debts have since been removed from Applicant's latest credit report, which contains no listed delinquent debts. Based on Applicant's financial counseling, repayment efforts he has demonstrated to date, and engendered whole person trust, he mitigates security concerns associated with his past history of delinquent debts. Clearance is granted.


Foreign Preference; Foreign Influence

07/19/2007

Applicant was born in Israel. She currently works for a defense contractor as a computer scientist. In 1995, she married an American in the U.S. She became a naturalized U.S. citizen in 2000. Her children were born in the U.S. and are not citizens of Israel. Her mother and three brothers are citizens and residents of Israel. Applicant visited Israel in 1998, 2000, 2002, 2004, and 2005, using her Israeli passport. Recently, her Israeli passport was cancelled and is no longer valid. Applicant has mitigated the foreign preference and foreign influence security concerns. Clearance is granted.


Financial; Personal Conduct

07/19/2007

Applicant's history of financial problems began when he did not pay his federal tax for 2003 and 2004. The financial difficulties continued with Applicant's abuse of five credit cards in 2003, 2004, and 2005. In addition, he deliberately falsified his security form in September 2005 when he certified he had no overdue debts. Though he had to be confronted with the debt information before he admitted the listed debts, the unambiguous acceptance of his falsehoods and actions he took to rectify the debt problems gives me sufficient grounds to find the financial and personal conduct guidelines in his favor. Clearance is granted.


Foreign Influence

07/19/2007

From October 2005 until January 2007, Applicant had a relationship with an Indonesian woman, whom he met over the internet. He lived in Japan at the time. She later moved to Japan. He has since terminated the relationship and returned to the States. Applicant mitigated the security concerns pertaining to foreign influence. Clearance is granted.


Foreign Influence; Personal Conduct

07/19/2007

Applicant was born in the Peoples Republic of China (PRC) to parents of Chinese descent and emigrated to the U.S. in 1997. Since emigrating to the U.S., Applicant has earned an engineering degree from a reputable American university, become a naturalized U.S. citizen, and established himself as a reliable and trusted engineer with a U.S. defense contractor. Applicant's birth father, maternal grandparents, and maternal aunt are citizens of the PRC, reside in the PRC, and are presumably close to Applicant despite his occasional contacts with them. Each of his immediate family members remain in a position that could realistically make them vulnerable to coercion or pressure that could implicate Applicant and compel him to make decisions about competing loyalties. Applicant fails to mitigate potential risks to undue foreign influence concerns caused by the status of his father and other family members living in the PRC. Applicant successfully refuted allegations that he falsified his security clearance application by omitting prior possession and use of a Chinese passport. Clearance is denied.


Alcohol; Drugs

07/19/2007

Applicant is a 25-year-old employee of a defense contractor who has a history of illegal drug use as recent as 2005. He has several alcohol related arrests and continues to consume alcohol. He has not received any counseling or treatment for drugs or alcohol. He failed to mitigate the security concerns raised under drug involvement and alcohol consumption guidelines. Applicant's eligibility for a security clearance is denied.


Financial; Personal Conduct

07/19/2007

Applicant is a 36-year-old switchboard operator employed by a defense contractor. He has a history of unpaid debt since at least 1996. After finally getting serious about debt resolution, he has paid about 50% of his past due debts. He also deliberately falsified two answers on his security clearance application. His evasive and unresponsive answers to questions during the hearing impacted negatively on his credibility. He successfully mitigated security concerns about financial considerations, but failed to mitigate security concerns about personal conduct. Clearance is denied..


Guideline E; Guideline J

07/19/2007

The Judge's material findings with respect to Applicant's criminal conduct reflect a reasonable interpretation of the record evidence. Adverse decision affirmed.


Foreign Preference; Foreign Influence

07/19/2007

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 failed to renounce his Iranian citizenship or surrender his Iranian passport to the proper Iranian authorities, after indicating a willingness to do so. Mitigation has not been shown. This trustworthiness determination is denied.


Guideline J

07/19/2007

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


Criminal Conduct; Personal Conduct; Sexual Behavior; Alcohol

07/19/2007

Applicant is a 36-year-old facilities analyst employed by a defense contractor. He abused alcohol, committed a sexual battery against his 12-year-old step-daughter, and gave false answers to investigators on a security clearance application. With the passage of five years, he has been alcohol free, successfully completed alcohol and family counseling, and has restored the trust of his wife and step-daughter. He successfully mitigated the security concerns about criminal conduct, sexual behavior, and alcohol consumption. He failed to mitigate the security concerns about personal conduct. Clearance is denied.


Guideline F

07/19/2007

There is a rebuttable presumption that a Judge is impartial and unbiased and a party seeking to rebut that presumption has a heavy burden on appeal. Adverse decision affirmed


Foreign Influence, Foreign Preference

07/19/2007

Based on an assessment of her as a whole person, Applicant mitigated security concerns over foreign influence. She became a naturalized U.S. citizen in December 2003, is recommended for a security clearance by her corporate superiors, and is fully integrated into U.S. society. One sister is a naturalized U.S. citizen. Since1997, all her immediate family members have had a Green Card. All are seeking U.S. citizenship except for her father and grandmother who are citizens of China and residents of Macao. I conclude it is improbable that foreign pressure on her relatives could create a situation that could result in the compromise of classified information as Applicant attests she would report any attempt to the appropriate U.S. official. Also, Applicant asked that her foreign passport be destroyed in 2006; so foreign preference concerns are similarly mitigated. Clearance is granted.


Guideline E; Guideline H; Guideline J; Guideline M

07/19/2007

Once the government presents evidence raising security concerns, the burden shifts to the applicant to establish mitigation. Adverse decision affirmed.


Personal Conduct

07/19/2007

Applicant is a 32-year-old case reviewer employed by a federal contractor. In 2001 and 2002, he had disciplinary problems while employed by a county police department. Testimony by a fellow officer painted a picture of a police force run by harassment, intimidation, and favoritism, resulting in a hostile work-place environment. Most of Applicant's "rule" violations lacked common sense and he was picked out for persecution. The more serious violation was over five years ago, was not recent, and Applicant has been rehabilitated. He successfully mitigated the security concerns about personal conduct. Clearance is granted.


Mental

07/19/2007

Applicant is a longtime sufferer of obsessive-compulsive disorder, which is an anxiety disorder. His condition has gone largely untreated. His partially treated anxiety disorder, which is still symptomatic, is a security concern because it compromises his ability to safeguard classified information. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concern under Guideline I. Eligibility for a security clearance is denied.


Foreign Influence

07/18/2007

Applicant emigrated from China to the United States in 1989 and became a U.S. citizen in 2001. He does maintain a relatively close relationship with his younger brother, who is a citizen resident of China and maintains a relationship to a lesser extent with his elderly parents and older brother, who are citizen residents of China. Applicant did not mitigate security concerns pertaining to foreign influence. Clearance is denied.


Foreign Influence

07/18/2007

Applicant is a 32-year-old software engineer employed by a federal contractor. Her father is a citizen and resident of China. Her husband's parents are Chinese citizens living with Applicant. Her mother-in-law calls her relatives in China from Applicant's phone. Applicant has regular contact with her father. She failed to mitigate the security concerns under Guideline B (foreign influence.) Clearance is denied.


07/18/2007

Applicant is 45 years old and has worked as a senior systems engineer for a defense contractor since 1998. In October 1990 and October 2005, he was convicted of driving under the influence (DUI) of alcohol. Since the 2005 conviction, he has not consumed alcohol. Applicant has mitigated the alcohol consumption security concerns. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

07/18/2007

Between approximately 1998 and 2004, Applicant accrued $15,000 of delinquent bills. Nearly all remain outstanding, and he has yet to make a serious, concerted effort to begin satisfying them. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

07/18/2007

Between 2001 and 2005, Applicant accrued approximately $30,000 of delinquent debt. The delinquencies were caused by financial problems generated by her husband's struggling business endeavors. During the past two years, the business has experienced exponential growth, enabling them to satisfy nearly all of the debts. Clearance is granted.


Financial; Criminal Conduct

07/18/2007

Applicant has worked for the same defense contractor and held a confidential clearance for 25 years. She owes as much as $18,755.40 in delinquent debt, attributable in large part to her former and current spouses' failures to live up to their financial responsibilities. Recent financial struggles were caused by unexpected medical costs and loss of income while on disability. She has begun to address debts and intends to resolve them with the income from a second job. Applicant assaulted her spouse in 2005, but there is little risk of recurrence since they are no longer together. Clearance is granted.


Financial

07/17/2007

Applicant incurred approximately $13,000 in delinquent debt, including many charged off collection accounts. She provided no information concerning a plan to pay her creditors, and thus failed to mitigate the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is denied.


Financial; Personal Conduct; Criminal Conduct

07/17/2007

Applicant is 29 years old and works for a federal contractor. Since 1999, he has accumulated several delinquent debts and a judgment listed in the Statement of Reasons (SOR), most of which he has not resolved. Applicant intentionally failed to disclose the delinquent debts on his security clearance applications. His financial considerations, personal conduct, and criminal conduct concerns are not mitigated. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

07/17/2007

Applicant is 44 years old and has worked for his current employer for 25 years. Over the course of the last twenty years, he has been arrested and charged with criminal conduct five times, four of which involved alcohol, the most recent being in July 2005. He was also charged with possessing marijuana at the time of that arrest. He remains on criminal probation until December 2007. When he completed his security clearance application in November 2005, he intentionally failed to disclose the marijuana charge. He failed to mitigate the Criminal Conduct, Alcohol Consumption and Personal Conduct security concerns. He mitigated the Drug Involvement security concerns. Clearance is denied.


Financial

07/17/2007

Applicant is 28 years old, unmarried, and works for a defense contractor. He has $32,674 in delinquent debts for which he has not established any repayment plan. He has not mitigated the financial considerations trustworthiness concern. Eligibility for an ADP I/II/III position is denied.


Financial

07/17/2007

Applicant has a history of failing to meet his financial obligations dating back to 1997. As of the date of his response to the FORM, he had 19 accounts totaling approximately $29,000, which had been delinquent for many years. His evidence is insufficient to show that he is in control of his finances, is not overextended, and has a track record of financial responsibility. Clearance is denied.


Alcohol

07/17/2007

Applicant is a 25-year-old employee of a defense contractor. He has three alcohol-related incidents, including two convictions for driving while intoxicated in 2004 and 2005. Applicant received counseling and has returned to drinking alcohol without further incident. Applicant has not established a sufficient pattern of responsible, incident-free drinking to mitigate the security concerns raised by his alcohol consumption. Clearance is denied.


Drugs; Personal Conduct

07/17/2007

Applicant has a recurrent history of marijuana use that covers over 25 years. Following a number of years of occasional marijuana use, much of it while holding a security clearance, he tested positive for marijuana in March 2005 and was disciplined by his employer. Both his recurrent history of drug use and recent positive test weaken his assurances he will not use marijuana in the future. Considering all of the circumstances, it is still too soon to make safe predictions he will not return to using marijuana in the foreseeable future. Of security concern, too, is Applicant's understating of his marijuana use in the security clearance applications he completed in January 2006 and June 2003. His deliberate understating and omissions of his marijuana use in his clearance applications were neither extenuated nor mitigated. Clearance is denied.


Financial; Personal Conduct

07/17/2007

Applicant owes more than $14,000 in back federal taxes. He has not provided any evidence that he has paid his overdue taxes or that he is currently working to resolve his tax debt. He has not mitigated the government's concerns about this unpaid debt. He has, however, mitigated the government's concerns under allegation 1.b of Guideline F and Guideline E. Clearance is denied.


Personal Conduct; Criminal Conduct

07/17/2007

On or about January 21, 2005, Applicant was fired from a job for taking money, without authorization, from her employer. Subsequently, she lied about the firing on a Declaration for Federal Employment, on a security clearance application (SF-86), executed in February 2005, and in an interview with an authorized investigator. Applicant failed to mitigate security concerns under the Personal Conduct and Criminal Conduct adjudicative guidelines. Clearance is denied.


Financial

07/17/2007

Applicant is 54 years old, married with children. He is a retired Air Force veteran. He suffered financial difficulties due to job losses, reduced income, and lack of sufficient education. He had several delinquent debts resulting from his experiences. He has now repaid those debts, and is working to obtain payoff information on the last debt. He mitigated the financial considerations trustworthiness concerns. Eligibility for an ADP I/II/III position is granted.


Financial

07/17/2007

Applicant has not made any payments on $10,669 ($8,784 undisputed) in delinquent debt because it is no longer legally enforceable and has been removed from his credit record. The debt was incurred due to loss of income and expenditure of sizeable legal fees to challenge his termination from employment with an agency of the U.S. Government. His failure to pay the debt when he has the financial wherewithal to do so raises substantial Financial Considerations concerns. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

07/17/2007

Applicant is a 33-year-old linguist/interpreter working as an independent contractor for a federal agency. He exercised dual citizenship by using a Pakistani passport, but at the hearing renounced his Pakistani citizenship and cut the passport into two pieces. His parents, six siblings, and their extended families are citizens and residents of Pakistan. He is the sole source of support for his parents, and sends them at least $1,000 monthly. He falsified two answers to questions on two security clearance applications. He successfully mitigated security concerns about foreign preference and personal conduct. He did not mitigate foreign influence security concerns. Clearance is denied.


Drug Involvement; Criminal Conduct; Alcohol Consumption

07/12/2007

This forty year old Applicant had a long history of abusing alcohol and amphetamines. He also committed criminal conduct during that period. Applicant has not used any illegal substance or consumed any alcoholic beverage since May 2004, and has no intention to in the future. Mitigation has been shown. Clearance is granted.


Financial Considerations; Personal Conduct; Criminal Conduct

07/12/2007

Applicant has had a history of overdue debts that have not been resolved. Additionally, Applicant's credibility is suspect since he knew or should have known that the information that he provided to the Government in a Questionnaire for Public Trust Positions (QPTP) on August 24, 2004, regarding his indebtedness, was materially incorrect and incomplete. Mitigation has not been shown. Applicant's eligibility for assignment to a sensitive position is denied.


Financial

07/12/2007

Applicant has a history of financial delinquencies, and she admitted four of the seven debts alleged in the SOR. While she provided credible evidence she had paid in full three of her delinquent accounts, she failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied.


Guideline B; Guideline C; Guideline E

07/12/2007

The Board's jurisdiction and authority is limited to reviewing security clearance adjudications made under the Directive. Unfavorable decision affirmed.


Guideline B; Guideline C; Guideline E

07/12/2007

The Board's jurisdiction and authority is limited to reviewing security clearance adjudications made under the Directive. Unfavorable decision affirmed.


Financial; Criminal Conduct; Personal Conduct

07/11/2007

Applicant incurred approximately $13,000 in delinquent debt, including unpaid federal taxes from 1993 and 1994. Despite his recent payments, he has failed to mitigate the security concerns raised under the financial considerations guideline. Applicant's failure to file his federal tax returns for two years is a disqualification under criminal conduct. Applicant's incorrect answer on his security application was not an intentional falsification. Applicant has mitigated the personal conduct concern. Applicant's eligibility for a security clearance is denied due to failure to mitigate the criminal conduct and financial considerations concerns. Clearance is denied.


Financial; Personal Conduct

07/11/2007

Applicant's case in mitigation is missing evidence ins support of her claim that she is trying to pay the overdue bills. Hher partial payment of one listed debt in September 2006 represents a step in the right direction, but fails to meet her ultimate burden of persuasion that the financial guideline. Should be found in her favor. The personal conduct guideline is found against Applicant as well, because she offered insufficient evidence2 for me to conclude she did not understand the question (debts over 180 days delinquent) on her security form in April 2005. Application for public trust position is denied.


Foreign Influence, Personal Conduct

07/11/2007

Based on an assessment of him as a whole person, Applicant mitigated security concerns over foreign influence as he is fully integrated into U.S. society and became a naturalized U.S. citizen in December 2000. Notably, his mother, also a naturalized U.S. citizen since1996, works as a civilian for a military organization and has been granted a security clearance. While his father, grandfather and his wife's parents are citizens and residents of China. I conclude it is improbable that foreign pressure on his relatives could create a situation that could result in the compromise of classified information as Applicant attests he would report any attempt to the appropriate U.S. official. Also, Applicant's failure to register with the U.S. Selective Service at 18 was not a deliberate disregard of U.S. legal requirements. Clearance is granted.


Financial; Personal Conduct

07/11/2007

Applicant is a 47-year-old employee of a federal government contractor. She owes more than $22,000 in delinquent debts. Applicant did not intentionally falsify her security clearance application as alleged, because she believed her answer to the pertinent question was correct. Applicant mitigated the personal conduct concern, but failed to mitigate the financial considerations concerns. Eligibility is denied.


Alcohol

07/11/2007

Applicant, a 51-year-old employee of a defense contractor for the past 33 years, mitigated security concerns arising from alcohol consumption resulting to two DUIs in the 1980s and a work related alcohol incident in 2004 when he was escorted from his workplace. Since the most recent event, he has been in a treatment program and is now in Alcoholics Anonymous where he has a sponsor and has been abstinent since entering the program earlier this year. Applicant's motivation to not repeat his problems is sufficient to overcome any problem arising from the relatively brief period of his abstinence. Clearance is granted.


Criminal Conduct

07/11/2007

In 1982, Applicant pleaded guilty to the sale and possession of controlled substances. He served about 18 months of a five-year sentence to confinement. He was on parole until 1988 when he was released from all supervision. In 2007, Applicant is now a 47-year-old husband and father to two adopted sons. He is a vice-president and part-owner of a successful family business, and he is involved in community affairs. His demonstrated ability to lead a responsible and productive life for a significant period after conviction and release from confinement is strong evidence of reform and rehabilitation. But because he was incarcerated for not less than one year, he is statutorily disqualified from being granted a security clearance by the Defense Department unless a waiver is granted. Eligibility for a security clearance is denied solely as a result of 10 U.S.C.  986(c)(1).


Guideline J; Guideline E

07/10/2007

A Judge's acceptance of an applicant's explanation for his or her conduct must be based on a reasonable interpretation of the record as a whole. The record evidence in this case undercuts both the Judge's favorable credibility determination and his conclusions regarding the circumstances of Applicant's responses. Favorable decision reversed.


Guideline E

07/10/2007

The Judge's challenged findings are based upon substantial evidence. Adverse decision affirmed.


Guideline E; Guideline B; Guideline J

07/10/2007

There is a rebuttable presumption that federal officials and employees carry out their duties in good faith. DOHA proceedings are civil in nature and applicants are not entitled to the procedural protections afforded to criminal defendants. Adverse decision affirmed.


Guideline G; Guideline H

07/10/2007

The Judge's challenged finding regarding applicant's alcohol consumption is supported by substantial record evidence. Medical records have indicia of reliability such that they fall within exceptions to the hearsay rule. Applicant waived any privilege that might have pertained to the records. Adverse decision affirmed.


Guideline B

07/03/2007

The Board may not consider new evidence on appeal. An Administrative Judge is not obliged to reconcile his decision with that of another Judge in an ostensibly similar case. The government's security concerns are not mitigated by an applicant's technical abilities. Adverse decision affirmed.


Guideline F

07/03/2007

The application of the mitigating and disqualifying guideline requires the exercise of sound discretion in light of the record evidence as a whole. The presence of some mitigating evidence does not alone compel a favorable decision. Adverse decision affirmed.


Guideline F; Guideline E

07/03/2007

There is a rebuttable presumption that the Judge considered all the record evidence. The Judge specifically discussed the evidence cited by Applicant. Adverse decision affirmed.


Guideline F; Guideline E; Guideline J

07/03/2007

The Judge considered applicant's explanation for his failure to disclose pertinent information on a government form in light of the record as a whole and concluded there was a sufficient basis to find that the omission was deliberate. Adverse decision affirmed.


Guideline F

07/03/2007

The absence of security violations does not bar an adverse security clearance decision. Adverse decision affirmed.


Guideline G; Guideline J

07/03/2007

The ultimate state court dispositions of Applicant's criminal incidents did not preclude the Judge from finding that the incidents were alcohol related. Adverse decision affirmed.


Guideline C; Guideline B

07/02/2007

Nothing in the Directive gives the Board jurisdiction or authority to pass judgment on the wisdom or desirability of guidance provided by the ASDC3I. The Judge sustained an objection regarding the potential of other persons to have citizenship in a foreign country while holding a clearance. The issue in this case regards Applicant's exercise of foreign citizenship. Furthermore a Judge is not obliged to reconcile his decision with other hearing office adjudication in ostensibly similar cases. The Judge's ruling is sustainable. Adverse decision affirmed.


Guideline F; Guideline E

07/02/2007

The Directive's guidelines set forth a variety of off-duty conduct and circumstances which are of trustworthiness concern to the government. A whole-person analysis is not confined to the workplace. Adverse decision affirmed.


Guideline J; Guideline G; Guideline E

07/02/2007

The Judge's challenged findings are sustainable. The Judge's adverse conclusion is without error. Adverse decision affirmed.


Guideline B

07/02/2007

An applicant's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate error. The favorable evidence cited by Applicant does not show that the Judge's decision was arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline E; Guideline J

07/02/2007

The Board's review of a Judge's finding determine if the finding is supported by such relevant evidence as a reasonable mind might accept as adequate to support such a conclusion in light of all the contrary record evidence. There is a rebuttable presumption that a Judge is impartial and unbiased and a party seeking to rebut that presumption has a heavy burden of persuasion. Adverse decision affirmed.


Guideline M; Guideline K; Guideline E

07/02/2007

The Findings challenged by Applicant are either permissible characterizations or harmless error. There is a strong presumption against granting a clearance. Once the government presents evidence raising security concerns the applicant has the burden to establish mitigation. Adverse decision affirmed.


Foreign Influence

06/30/2007

Applicant is 45 years old and has worked as a software engineer for a defense contractor since 2001. He was born in the People's Republic of China (PRC) and immigrated to the U.S. to pursue further education in 1986. He became a naturalized U.S. citizen in 2002. He mitigated security concerns based on his parents who are in their 70s and two brothers who live in PRC by demonstrating his strong ties in the U.S. for more than 20 years. He has a strong relationship with his company and his community. Clearance is granted.


Drugs; Personal Conduct

06/30/2007

Applicant's use of marijuana in December 2005 was mitigated by the circumstances and infrequency of the use, and his demonstrated intent not to abuse any drugs in the future. The record did not establish conduct cognizable under Guideline E: Personal Conduct. Clearance granted.


Foreign Influence; Foreign Preference

06/30/2007

In 1977, Applicant immigrated to the United States on a student visa. He completed his education in the United States, married, and became a naturalized U.S. citizen in 1995. Applicant's ties of affection and/or obligation and contacts with his elderly parents and six siblings, who are citizen residents of Iran, pose an unacceptable risk or concern. His favorable information is not sufficient to mitigate the foreign influence and preference security concerns. Clearance is denied.


Financial

06/30/2007

Applicant is a 37-year-old employee of a defense contractor. Applicant accrued delinquent debts when her newborn baby required an operation, and her husband lost his job. Her delinquent debts total more than $19,900. Applicant did little to resolve her debts, other than wait until they were uncollectible as beyond the statute of limitations. Applicant has not mitigated the security concerns based on her financial problems. Clearance is denied.


Financial

06/30/2007

Applicant incurred significant unpaid debt, and some of his creditors obtained judgments against him. While he has paid two judgments, paid two debts and is making payments on one debt, he has not paid four judgments and five debts. He has not established a payment plan for these debts even though he has sufficient income to repay his indebtedness. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied.


Financial; Personal Conduct

06/30/2007

Applicant has a history of financial problems. She did not present sufficient evidence to rebut, explain, extenuate, or mitigate the financial considerations security concern. Eligibility for a security clearance is denied.


Criminal Conduct; Personal Conduct

06/30/2007

Applicant is 37 years old and works for a federal contractor. Since 2000, she accumulated numerous debts listed in the Statement of Reasons (SOR), some of which she has resolved or paid. She failed to list the outstanding financial obligations on her Public Trust Application. She mitigated the concerns raised by financial considerations and personal conduct. Eligibility for a public trust position is granted.


Personal Conduct

06/30/2007

Applicant is a 20-year-old data entry clerk employed by a federal contractor. At age 18, she gave a false answer on a security clearance application. She has taken positive steps to alleviate the circumstances that caused untrustworthy, unreliable, or other inappropriate behavior, and such behavior is unlikely to recur. She successfully mitigated the security concerns about personal conduct. Clearance is granted.


Drugs; Personal Conduct

06/30/2007

Applicant is a 29-year-old employee of a defense contractor who has a history of illegal drug use and a March 2005 arrest for possession of marijuana. He failed to mitigate the security concerns raised under the drug involvement and personal conduct guidelines. Applicant's eligibility for a security clearance is denied.


Drugs

06/30/2007

Applicant is a 36-year-old senior computer scientist and technical architect employed by a federal contractor. He used illegal drugs from 1992 until 2004. Since then he has changed his lifestyle, married, anticipates starting a family, and changed jobs that no longer requires him to travel away from home for extended periods of time. He associates with drug-free people, and he is highly respected by his employer and his close friends. He successfully mitigated the security concern about drug involvement. Clearance is granted.


Financial; Personal Conduct

06/30/2007

Applicant is a 57-year-old computer programer who works on contract for a defense contractor in the health insurance industry. She is divorced from her fifth husband. She has four adult children. She had 23 delinquent debts, including several state and federal tax liens. She mitigated the financial considerations and personal conduct trustworthiness concerns. Eligibility for an ADP I/II/III position is granted.


Financial

06/30/2007


Financial

06/30/2007

Applicant lost her job in November 2000, which impacted her ability to pay her bills. She got behind in her bill payments. She obtained her current position in June 2001. Because of her limited income, she repays her old, delinquent debts one at a time. She has repaid and successfully challenged about one-third of her past due debts. Another approximately 40% of her debts may be barred under the state statute of limitations. She has successfully mitigated the government's concerns about her finances under guideline F. Eligibility is granted.


Financial

06/30/2007

Applicant incurred significant, unpaid debts, following the loss of his job in 2001 and attendant medical insurance. At the same time, his wife and daughter required significant medical care. After eight months of unemployment or part-time employment, he returned to work full- time. He is the sole provider for his family. He has paid many of his smaller debts and has established payment plans on other debts, which he regularly pays. He has mitigated the government's security concerns regarding his personal finances under Guideline F. Clearance is granted.


Financial

06/30/2007

Applicant owes seven delinquent or charged off debts totaling approximately $13,000. Applicant asserts these debts are being handled through Consumer Credit Counseling Services (CCCS), but failed to show payment to CCCS after the first three months. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from Applicant's unpaid debts. Clearance is denied.


Financial; Personal Conduct

06/30/2007

Applicant incurred significant, unpaid debt as a teenager and young man. The creditors to whom he owes most of his unpaid debts are barred from collecting their money under the state statute of limitations. He has matured and learned to better manage his finances. He lives within his financial means and has not incurred additional new, unpaid debts. He did not intentionally falsify his answers on his questionnaire for a position of public trust. He has mitigated the government's concerns under Guidelines E and F. Eligibility is granted.


Foreign Influence; Foreign Preference

06/30/2007

Applicant is 28 years old and has worked for a federal contractor since 1999 as a sales associate. She immigrated to the U.S. in 1997 from Iran and became a naturalized U.S. citizen in 2003. She considers herself a dual citizen of Iran and the U.S. and intends on renewing her passport in the future so she can travel to Iran. Her parents and sisters are also dual citizens residing in the U.S. She has many relatives and friends that she maintains regular and frequent contact with in Iran. Applicant failed to mitigate the security concerns raised under Guideline C for foreign preference and Guideline B for foreign influence. Clearance is denied.


Personal Conduct; Drugs

06/30/2007

Applicant falsified his 2003 security clearance application by failing to disclose a 2001 denial of eligibility for access to sensitive compartment information. He failed to rebut, explain, extenuate, or mitigate this falsification at the hearing. Clearance is denied.


Criminal Conduct; Personal Conduct

06/30/2007

Applicant is 39 years old and a consultant for federal contractors. He has a history of criminal incidents that spans a 14-year period of time. When he completed his security clearance applications in December 2001 and April 2004, he failed to disclose a couple incidents. He failed to mitigate the security concerns raised by his criminal and personal conduct. Clearance is denied.


Drugs

06/30/2007

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 stopped using illegal substances in August 2004, contemporaneous with receiving a substantial promotion from his employer with added responsibilities. He stated an intention not to 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 was granted. The government appealed. The Appeal Board remanded the decision. I again conclude that Applicant successfully mitigated the security concerns under Guideline H (drug involvement). Clearance is granted.


Personal Conduct

06/30/2007

Applicant is a 64-year-old consultant employed by a federal contractor. He served four years in the Marine Corps, and 20 years as a federal law enforcement agent. The government failed to present evidence to prove its case that he was suspended for disclosing confidential information, and that he harassed and threatened a coworker, as alleged in violation of Guideline E (personal conduct). Clearance is granted.


Personal Conduct; Criminal Conduct; Drugs

06/30/2007

Applicant is a 26-year-old security officer employed by a federal contractor. He deliberately falsified answers on a security clearance application. He has a pattern of criminal conduct, most recently a DWI conviction. He also has a history of drug involvement. He failed to mitigate the security concerns about personal conduct, criminal conduct, and drug involvement. Clearance is denied.


Criminal Conduct; Personal Conduct

06/30/2007

Applicant was arrested four times between 1998 and 2004. Three of them were drug- related, and the last one occurred approximately one month after he met with an investigative agent to discuss the earlier ones. Clearance is denied.


Alcohol

06/30/2007

Applicant's history of excessive drinking and five alcohol-related driving offenses, three of which occurred between February 2004 and April 2005 raised security concerns under alcohol consumption. Applicant mitigated the security concerns due to his active involvement in Alcoholics Anonymous since August 2005. Clearance is granted.


Drugs; Personal Conduct

06/30/2007

Applicant is a 51-year-old employee of a defense contractor. Applicant used illegal drugs for many years while holding a security clearance. She lied about her drug use on security clearance applications, and in a statement provided for her background investigation. Clearance is denied.


Foreign Influence

06/30/2007

Applicant, an engineer with a major defense contractor born in Taiwan and educated in the U.S. since high school, mitigated security concerns of foreign influence arising from her parents and brother who are citizens of Taiwan. Her parents have held U.S. green cards for five years. They have lived in the U.S. half of the year in five of the past six years and all of the past year to prepare to become U.S. citizens which they expect to obtain in a few months. Her brother works in a low level job for a privatized telephone company. Her parents hope to sponsor her brother and his wife and child to come to the U.S. as soon as the parents become citizens. Applicant is fully integrated into U.S. society and has little contact or interest in her country of birth. Applying the whole person analysis I conclude in her favor. Clearance is granted.


Security Violations; Personal Conduct

06/30/2007

Applicant is 55 years old and has worked as a manager for a defense contractor since 1986. He provided false and misleading information to his employer in 2002 regarding his involvement in protecting classified material. Applicant has mitigated the security violations concerns. He has not mitigated the personal conduct security concerns. Clearance is denied.


Security Violations

06/30/2007

Applicant mitigated serious security concerns over his having mishandled protected information in 1993 to 1994 which led to severe ramifications for him, including being denied access and being terminated in 1995. Over ten years later he has demonstrated how he reformed himself and made positive changes in behavior. He now takes all security requirements seriously and persuaded he is willing and able to comply with security rules. Significantly, all of his managers from that earlier period and today have confidence in him. One observe that Applicant's dismissal "made permanent the corrective action" to preclude any "errant behavior" in the future. His managers uniformly recommend that his security clearance be reinstated. Clearance is granted.


Financial; Personal Conduct

06/30/2007

Applicant is a 55-year-old computer scientist employed by a federal contractor. Because of improvements to his home and a divorce, his expenses exceeded his income, leading to numerous judgments and garnishments. With the assistance of credit counseling, use of a Chapter 13 bankruptcy petition, and the prospects of refinancing his home, he could become debt-free later this year. He successfully mitigated the security concerns about financial considerations. He also falsely answered seven questions on various security clearance questionnaires/applications. Because four questions dealt with minor events occurring over 35 years ago, they were mitigated. He failed to mitigate the security concerns about his personal conduct in his answers to security clearance applications in 1999 and 2004, involving his finances. Clearance is denied.


Foreign Influence; Security Violations

06/30/2007

Applicant, a lead engineer with a major defense contractor born to naturalized U.S. citizens from Taiwan, mitigated security concerns of foreign influence arising from his parents-in- law and brother-in-law who are citizens of Taiwan. His parents-in-law have had U.S. green cards for five years. They have lived in the U.S. half of the year in five of the past six years and all of the past year to prepare to become U.S. citizens. Applicant is fully integrated into U.S. society and has little contact or interest in the country of his parents origin. Applying the whole person analysis I conclude in his favor. Applicant also mitigated allegations regarding security violations in 1994 and 2000 that were minor in nature and did not result in divulging of information or documents. Clearance is granted.


Foreign Influence

06/29/2007

Applicant's wife and step-son are citizens of the Ukraine and reside with him in a South American country, where he is employed. Applicant's mother-in-law, father-in-law, and brother-in- law are citizens and residents of the Ukraine. Applicant's contacts with his foreign family members create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

06/29/2007

Applicant failed to mitigate criminal conduct security allegations relating to arrests and convictions on drug matters aggravated by probation violations and an outstanding warrant for his arrest. He also failed to mitigate financial allegations since only a few of his smaller debts and one of three delinquent tax debts have been resolved leaving approximately $22,000 in outstanding delinquent debts. He mitigated personal conduct allegations relating to failure to detail his criminal record as lacking the requisite deliberate intent to omit since he did answer affirmatively that he did have a criminal record. Clearance is denied.


Foreign Preference; Foreign Influence

06/29/2007

Applicant is a 35-year-old employee of a defense contractor. Applicant was born in the United States. Because his parents are Israeli citizens, he also has Israeli citizenship. Applicant obtained an Israeli passport in 2004, and used it to enter Israel the same year. Applicant renewed the passport in 2006, and it will not expire until 2014. Applicant gave his Israeli passport to his company's facility security officer, who certified that if Applicant requests the return of his Israeli passport, the FSO will document the facts and circumstances surrounding the return by an entry in the Joint Personnel Adjudication System. Applicant failed to mitigate the security concerns raised by his action to obtain recognition of his Israeli citizenship, and his exercise of a right of Israeli citizenship. Clearance is denied.


Criminal Conduct; Personal Conduct

06/29/2007

Applicant is a 48-year-old telecommunications analyst employed by a federal contractor. In 1975 at age 16, he was involved in a drug store robbery. He was sentenced to 30 months and was incarcerated for 24 months. This triggers the Smith Amendment, 10 U.S.C.  986(c)(1), which prohibits the issuance of a security clearance to anyone convicted, sentenced, and serving more than 12 months incarceration. He also made a false statement on each of two security clearance questionnaires. He successfully mitigated the security concerns about criminal conduct and personal conduct. I am denying or revoking his clearance solely as a result of 10 U.S.C.  986(c)(1). Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct; Alcohol

06/29/2007

Applicant consumed alcohol at times to intoxication from about 1970 to December 2003, and was caught driving drunk in November 1987. He also used marijuana more than 100 times from 1971 to at least 1983 and at least three times in March 1998 while he held a security clearance. He cultivated marijuana in March 1998 and was arrested for cultivation as well as possession. On security clearance applications completed in June 1984 and June 1991, he reported limited marijuana involvement (used only a couple times, "tried" it) in 1982. Criminal Conduct, Personal Conduct, and Drug Involvement concerns persist where he shows little appreciation for his obligation of candor and justifies his use and cultivation of marijuana. Clearance is denied.


Financial; Personal Conduct

06/29/2007

Applicant is a 30-year-old engineering technician (explosives operator) employed by a federal contractor. He allowed debt to accumulate for seven years, and only commenced efforts at debt resolution after the Statement of Reasons (SOR) was issued. He is financially disorganized. He also falsified two questions on security clearance applications in 2003 and 2005. He failed to mitigate the security concerns about financial considerations and personal conduct. Clearance is denied.


Financial; Personal Conduct

06/29/2007

Applicant, a 44-year-old defense contractor, has a history of financial problems. Specifically, he has a history of being unable to pay his debts and thereafter failing to take reasonable steps to satisfy his creditors. He has delinquent debt totaling $41,385.42. Applicant has not set up adequate plans to resolve his delinquencies, although he initially consulted his creditors. Applicant failed to provide accurate answers regarding his delinquent debts on his security clearance application. Applicant has not mitigated the security concerns arising from his financial difficulties, or his falsification of material matters on his security clearance application. Clearance is denied.


Drugs; Personal Conduct

06/29/2007

Applicant purchased and used marijuana with varying frequency from 1974 to 1985. He resumed his marijuana involvement from May 2004 to September 2004, after being granted a clearance. He was arrested in September 2004 while he was preparing to smoke marijuana. He was on his way to work in a classified facility when he was arrested. Security concerns based on drug involvement and personal conduct have not been mitigated. Clearance is denied.


Financial

06/29/2007

Applicant is a 44-year-old help desk analyst employed by a federal contractor. She had a history of delinquent debts. She filed and successfully completed a Chapter 13 bankruptcy plan. She established a plan of action for her finances with her mortgage broker. All delinquent debts were paid. She successfully mitigated the security concerns about financial considerations. Clearance is granted.


Criminal Conduct; Personal Conduct

06/29/2007

Applicant used marijuana from 1971 to at least April 1994. In May 1975, he was convicted of distribution of a controlled substance. Applicant sold marijuana for profit to another defense contractor employee for about nine months from about July 1993 until April 1994, when he was arrested and convicted of selling illegal drugs. He did not accurately disclose his criminal drug involvement when he completed his security clearance application in 2002. His evidence in mitigation falls short of overcoming the very serious Criminal Conduct and Personal Conduct concerns. Clearance is denied.


Financial

06/28/2007

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


Foreign Influence

06/28/2007

Applicant's failure to offer any evidence concerning his numerous in-laws who are citizens and residents of Taiwan precludes the required affirmative finding that it is clearly consistent with the national interest for applicant to hold a sensitive Information Systems Position. Determination of Trustworthiness is denied.


Financial; Personal Conduct

06/27/2007

Applicant is a 41-year-old security officer employed by a federal contractor. He has a history of unpaid debt. Even though he has made some effort at debt resolution, over $40,000 of delinquent debt remains unpaid. He gave false answers on a security clearance questionnaire. He failed to mitigate the security concerns about financial considerations and personal conduct. Clearance is denied.


Personal Conduct

06/26/2007

In 2004, while working in a foreign country, Applicant engaged in a romantic relationship with a citizen of the People's Republic of China, and failed to follow his company's foreign contact reporting procedures, prompting his reassignment within the company shortly thereafter. During a 2006 interview with an investigative agent, he provided misleading, incomplete information about the relationship, and the circumstances leading to his reassignment. Applicant failed to mitigate the security concern generated by this conduct. Clearance is denied.


Financial

06/26/2007

Applicant is a 45-year-old employee of a defense contractor seeking eligibility for a position of public trust. Credit reports show, and Applicant admits, she accumulated approximately eight delinquent debts, totaling over $10,000. She has not explained how she accumulated the delinquent debt. She claims she paid two small debts, but submitted no documents to support such payments. She stated she would make arrangements to pay the remaining debt, but provided no information on any arrangements made or contemplated. She has not mitigated security concerns for financial considerations. Eligibility for a position of public trust is denied.


Financial

06/26/2007

Applicant has a history of financial problems. She is a 40-year-old single parent of three children who has struggled to make financial ends meet. Her financial situation was made more difficult due to a diagnosis of autoimmune hepatitis resulting in medical bills and a period of unemployment in 2003. In addition to entering into a debt settlement plan, she is making efforts to educate herself and improve her financial knowledge and skills. She is carrying a heavy load and doing her best under challenging circumstances to be a financially responsible person. Eligibility for a security clearance is granted.


Financial; Personal Conduct

06/26/2007

Applicant is a 28-year-old employee of a defense contractor. While serving in the military, he received nonjudicial punishment (NJP) for shoplifting two packs of cigarettes, and for making unauthorized withdrawals with his government travel card. Applicant has an extensive amount of delinquent debts, and intentionally provided false information on a security clearance questionnaire. Clearance is denied.


Financial, Alcohol

06/26/2007

Applicant failed to mitigate security concerns over his continuing to drink despite his 2005 treatment and a diagnosis of alcohol abuse and over his continuing to gamble despite substantial financial concerns. His alcohol abuse was documented in his medically recommended treatment in 2005 where he failed to complete aftercare. While he has taken some steps to reform his conduct, he failed to demonstrate sufficient positive changes in behavior supportive either of his willingness to stop gambling or to commit to sobriety. Consequently, security concerns remain over finances and alcohol. Clearance is denied.


Foreign Preference; Foreign Influence

06/26/2007

Applicant is 57 years old, married with five adult children, and works as a foreign claims processor for a defense contractor in the health care services business. He fled Kosovo in Serbia in 1999 during fighting there. He became a U.S. citizen in 2004, but retains a Yugoslavian passport for his own convenience. He has not mitigated the foreign preference and foreign influence trustworthiness concerns. Eligibility for an ADP I/II/III position is denied.


Criminal Conduct; Personal Conduct

06/26/2007

Applicant failed to mitigate criminal conduct and personal conduct security concerns relating to allegations of corporate fraud and false claims against a former employer (1999-2004) for which he and three others were charged with a felony and paid restitution and a fine. The conduct occurred in 2003 and 2004 when he was investigated and discharged by his employer. The final judgment in the criminal matter occurred only two years ago. While he is highly regarded by his present employer and has taken positive steps to rehabilitate, it is premature at this time to grant a clearance. Clearance is denied.


Security Violations; Personal Conduct; Criminal Conduct

06/26/2007

Applicant is a 51-year-old employee of a defense contractor. Applicant had a successful Naval career until 1988, when his dereliction of duty and altering of a ship's log led to his nonjudicial punishment (NJP). Classified documents were utilized as part of Applicant's NJP. Applicant took a copy of the classified documents home in 1989, and stored them in his personal residence until 2001, when he revealed his possession of the documents in an interview in conjunction with a government polygraph. Applicant has not mitigated the security concerns based on his security violations, personal conduct, and criminal conduct. Clearance is denied.


Guideline F; Guideline J; Guideline E

06/26/2007

The Judge was not bound, a s a matter of law, either to accept or reject Applicant's explanation for her failure to disclose the pertinent information on her security clearance application. The Board may not consider new evidence on appeal. Adverse decision affirmed.


Guideline D; Guideline J

06/26/2007

Department Counsel argues that the Judge failed to consider the fact that Applicant was HIV positive when he committed his sexual offense in 2003. The language employed by the Judge suggests otherwise. Favorable decision affirmed.


Personal Conduct; Criminal Conduct

06/25/2007

Applicant's 2005 alcohol-related arrest was the result of an isolated incident of poor judgment that is unlikely to recur. Clearance is granted.


Financial

06/22/2007

Applicant is a 37-year-old employee of a defense contractor. Her delinquent debts total more than $35,000. Applicant has not mitigated the security concerns based on her financial problems. Clearance is denied.


Financial

06/22/2007

Applicant is a 35-year-old employee of a defense contractor. A series of events led to a number of delinquent debts. Applicant is now financially stable, with a well-paying job. She has begun the process of paying her delinquent debts. Applicant has mitigated the security concerns based on her financial issues. Clearance is granted.


Alcohol; Personal Conduct

06/22/2007

Applicant was arrested or charged with six alcohol-related incidents between 1999 and October 2005. At the time of his April 2005 public drunkenness charge his blood alcohol content was 0.23. Even though he has reduced his alcohol consumption, no longer associates with college acquaintances, and has changed his priorities in life, the record evidence is insufficient to mitigate or extenuate the negative security implications stemming from alcohol consumption. Clearance is denied.


Drugs, Personal Conduct

06/22/2007

Applicant frequently smoked marijuana and experimented with numerous addictive drugs from 1990 through 1995. He ceased his active use of drugs in 1995. In the last 11 years, he smoked marijuana twice and improperly used over the counter legal substances a few times, the last time in early 2003. He has remained drug free for over four years. He did not falsify his answers about his drug use when he completed his security clearance application in January 2003, nor did he intentionally withhold information about his past drug use in his 2003 interview with a National Security Agency investigator. Applicant has mitigated the government's concerns about his drug involvement and personal conduct. Clearance is granted.


Criminal Conduct; Drugs

06/22/2007

Applicant is a 24-year-old procurement administrative assistant employed by a federal contractor. Since the age of 16, she has suffered chronic and recurring kidney stones and renal infections. From 1999 until 2004, she required increased dosages of prescription pain medications, becoming addicted to their use. In 2004, she began abusing these medications by taking more than was prescribed for her, ultimately leading to her attempt to fraudulently procure these controlled substances from a pharmacy. In April 2005, she entered a plea of guilty to one charge, and was placed on probation for two years. She is rehabilitated and using the "whole person concept", she successfully mitigated the security concerns under Guideline J (Criminal Conduct) and Guideline H (Drug Involvement). Clearance is granted.


Foreign Influence

06/22/2007

Forty-one-year-old Applicant is a Syrian-born, naturalized United States citizen. Although he has much more substantial connections to the United States than to Syria, he has immediate family members who are citizens of and live in Syria, and he has frequent contact with them. Because of Syria'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 foreign influence are not mitigated. Clearance is denied.


Alcohol; Criminal Conduct

06/22/2007

Applicant is a senior analyst for a defense contractor since 1996. He consumed alcohol, at times to excess and to the point of intoxication, from approximately 1976 to at least August 2006. He was arrested, charged, and found guilty of public intoxication. He was diagnosed with alcohol abuse. He was charged with aggravated sexual battery, a felony. He entered a plea to the reduced misdemeanor charge of assault and battery. He did not complete a court-ordered alcohol counseling program. Applicant has not mitigated the alcohol consumption and criminal conduct security concerns. Clearance is denied.


Financial ; Personal Conduct

06/22/2007

Applicant has a history of federal filing failures covering tax years 1993 through 1996, as well as federal tax liens resulting from unpaid tax assessments by federal and state tax authorities for the years in question. Besides his failure to file timely federal and state tax returns, Applicant has accumulated large tax accruals for the tax years in question, which he has failed to address in any documented ways, and a 1999 state judgment that was discharged by the garnishment of Applicant's wages. Applicant fails to mitigate security concerns associated with his failures to file federal tax returns and resulting federal tax liens and a state judgment covering unresolved federal and state tax assessments. Allegations of Applicant's falsifying his security clearance application are unsubstantiated. Clearance is denied.


Foreign Preference; Foreign Influence

06/21/2007

Applicant is a native of the Republic of China (Taiwan) who became a naturalized United States citizen in June 1990. He acquired a Taiwanese passport in November 2005 to avoid having to fulfill compulsory military service for Taiwan. He has since destroyed that passport and expressed a willingness to renounce his Taiwanese citizenship. Foreign influence concerns that arise because of his grandmother's Taiwanese residency and citizenship are not sufficient to deny him access, given his limited contact with her, and his significant ties to the United States. Clearance is granted.


Financial; Personal Conduct

06/21/2007

Applicant has a history of delinquent debts, which he accumulated during his business and personal association with his wife (W), to whom he was married between 1999 and June 2001, when she passed away. While Applicant relied on W to take care of their business and household expenses before and after their marriage, the listed debts were presumptively opened and maintained in the joint interest of W and Applicant and remain Applicant's legal responsibility absent convincing evidence to the contrary. To date, Applicant has declined to address the debts, citing both previous uncertainty over legal responsibility and inability to pay them, and is unable to mitigate security concerns associated with his past history of delinquent debts. Appellant successfully refuted allegations that he falsified his security clearance applications. Clearance is denied.


Financial

06/21/2007

Applicant is a 36-year-old office administrator working for a defense contractor. She had thirteen alleged debts listed in the statement of reasons (SOR) totaling approximately $10,682. She has paid all but three of the debts since 2006. Her debt problems resulted from separation, divorce, and a period of unemployment. For the last two years she has shown her financial responsibility by not generating any new delinquent debt. Applicant has mitigated security concerns arising under financial considerations. Clearance is granted.


Criminal Conduct; Personal Conduct

06/21/2007

Applicant is 27 years old and works for a defense contractor. In 2002, at age 22, he pled guilty to possession of a fake ID. The matter was subsequently expunged. Consequently, he did not note it in his May 2005 security clearance application. When asked to up-date his work experience on his application in January 2006, he did not up-date facts to denote dropped charged arising from an October 2005 domestic dispute. By explaining the facts regarding his plea and the sequence of events surrounding his security clearance applications, Applicant has mitigated criminal conduct and personal conduct security concerns. Clearance is granted.


Alcohol; Personal Conduct

06/21/2007

Applicant has a history of excessive consumption of alcohol, which includes four alcohol- related incidents when he was arrested for DUI in 1971, 1984, 2000, and 2005. During the 2005 incident, his level of intoxication was tested twice with results of .226 and .243, although he disputes the validity of those results. The 2005 incident concluded when the court dismissed the charge because the arresting officer did not appear to testify. But the state administratively revoked his driver's license for two years until March 28, 2008. Applicant has abstained from alcohol in the past, but he is currently consuming alcohol at a moderate to low level. Applicant did not present sufficient evidence to explain, extenuate, or mitigate the alcohol consumption security concern. Eligibility for a security clearance is denied.


Guideline C; Guideline B

06/21/2007

The Judge found that there is a significant possibility that the Iranian government could subject Applicant to pressure, coercion, exploitation or duress in light of that regime's brutal nature and the presence of Applicant's immediate family in that country. Adverse decision affirmed.


Foreign Influence

06/21/2007

Applicant is a 33-year-old employee of a defense contractor. She and her husband were born in India and became U.S. citizens in 2003. Except for their U.S. born children, both of their families are Indian citizens and, except for his brother, live in India. Applicant submitted no mitigating evidence for consideration, and did not meet her burden to overcome foreign influence security concerns raised by her close family ties. Clearance is denied.


Financial; Personal Conduct

06/21/2007

Applicant has been a janitor for a defense contractor for over 38 years. He has delinquent debts, judgments, and repossessions that he refuses to inquire about or take any action concerning them. He did not include on his security clearance application the judgments, repossessions, or debts past due more than 90 days or 180 days because he did not know he had the debts. He has not mitigated security concerns for his finances, but he has mitigated security concerns for his personal conduct. Clearance is denied.


Financial

06/21/2007

Applicant is an employee of a defense contractor seeking eligibility for an ADP level I/II/III position. She has two delinquent credit card debts with the same creditor. She attempted to pay collection agencies, but could not reach a satisfactory agreement. She now has an agreement with the original credit card company, and has started making payments as agreed. Applicant has mitigated eligibility concerns based on her finances. Eligibility is granted.


Guideline H

06/21/2007

The specific criteria the Judge utilized in evaluating the recency of Applicant's drug use were set forth in guideline no longer in force. The judge's new decision should rely explicitly on guidelines current at the time the SOR was issued. Favorable decision remanded.


Drugs; Personal Conduct

06/21/2007

Applicant is 33 years old and has been employed as a senior proposal specialist for a defense contractor since November 2003. Between 1993 and 1998, he used marijuana and cocaine. He also purchased cocaine between 1997 and 1998. Between 1995 and 1998, he used a prescription drug without medical direction at the time. He has not used unauthorized prescription drugs since 1998. He did not deliberately falsify material facts on his security clearance application. Applicant has mitigated the drug involvement and personal conduct security concerns. Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

06/21/2007

Security concerns of criminal conduct, financial considerations, and personal conduct were identified during Applicant's background investigation for a security clearance. These concerns surfaced following the uncovering of several misdemeanor arrests, 15 unpaid debts, and the belief Applicant had failed to disclose misdemeanor arrests. Applicant has successfully mitigated all these concerns. Clearance is granted.


Guideline F; Guideline G

06/21/2007

The Judge favorable conclusions do not follow from his findings that there are indications of an ongoing problem namely that Applicant continues to drink to the point of intoxication on weekends and drives after consuming alcohol. Favorable decision reversed.


Alcohol; Personal Conduct

06/21/2007

Applicant consumed alcohol excessively between 1990 and 2003, resulting in two alcohol- related arrests. She intentionally omitted relevant, material information about her alcohol abuse history from a 2002 security clearance application, and continues to drink enough alcohol to render her lethargic and hungover at work approximately once every other month. Clearance is denied.


Guideline F; Guideline E

06/20/2007

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


Guideline H; Guideline J

06/18/2007

Although pro se Applicants cannot be expected to act like lawyers they are expected to take timely reasonable steps to protect their rights under the Directive. Adverse decision affirmed.


Guideline E; Guideline J

06/18/2007

The application of disqualifying and mitigating conditions and whole person factors does not turn simply of a finding that one or more of them apply to the perticular facts of a case. Adverse decision affirmed.


Drugs; Alcohol

06/15/2007

Applicant has used marijuana and psilocybin mushrooms for many years until as recently as 2005. Additionally, she has had a history of alcohol abuse that has continued as recently as March 2006, and she continues to regularly consume alcohol. No credible, independent evidence was offered to prove Applicant's rehabilitation. Mitigation has not been shown. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

06/15/2007

Applicant has a close relationship with his father and mother, who are citizens and residents of Iran. The evidence establishes that Applicant is vulnerable to Foreign Influence. An additional character letter has now been reviewed and considered. However, the Foreign Influence concerns have not been mitigated. Clearance is denied.


Guideline F; Guideline J; Guideline E

06/15/2007

The Board's review of a Judge's finding is limited to determining if they are supported by substantial evidence such evidence as a reasonable mind might accept as adequate to support a conclusion in light of all the contrary evidence in the record. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

06/14/2007

This 49-year-employee has a history of financial problems that continue to exist. He also has a history of criminal violations (mostly minor) lasting from 1987 to 1999. He falsified answers to three questions on his May 2006 security clearance application. Mitigation has not been adequately established. Clearance is denied.


Drugs

06/14/2007

Applicant used marijuana about 50 times between February 2000 and March 2005, purchased marijuana about 10 times during that period, and used opium twice in December 2002. He last used marijuana while he was employed by a defense contractor and awaiting a decision on his security clearance application. The security concerns raised by his drug involvement are not mitigated. Clearance is denied.


Personal Conduct; Information Technology

06/14/2007

Applicant is a 37-year-old employee of a defense contractor. In December 2005, Applicant hacked into a former employer's data network and disabled the company's phone system. Applicant regretted his actions, informed the company, made restitution, and is receiving psychiatric treatment. He has not mitigated the security concerns raised by his actions. Clearance is denied.


Financial

06/14/2007

Applicant is 47 years old and has been employed as an engineer designer for a defense contractor since June 2004. He had three outstanding delinquent debts totaling approximately $13,000. He proffered evidence of payment of these debts. Applicant has mitigated the financial considerations security concerns. Clearance is granted.


Financial

06/14/2007

Applicant is a 47-year-old employee of a defense contractor. He discharged his debts in a 2001 Chapter 7 bankruptcy, and subsequently incurred significant delinquent debt. He paid the two smallest delinquent debts after receiving notice that his clearance may be denied, but did not meet his burden of mitigating security concerns raised by his history of, and ongoing, financial irresponsibility. Clearance is denied.


Foreign Influence

06/14/2007

Applicant is a 44-year-old senior systems integrator with a federal contractor. His mother- in-law, brother-in-law, and sister-in-law are citizens and residents of Iran. A sister-in-law's spouse was the former mayor of his township in Iran. Applicant presented credible evidence successfully mitigating the security concerns about Guideline B (foreign influence). Clearance is granted.


Personal Conduct; Criminal Conduct

06/14/2007

Applicant, a 38-year-old employee of a defense contractor, mitigated allegations of criminal conduct arising from a series of offenses while in the Army in the 1980's and thereafter in the mid-1990's leading to a conviction on a drug charge resulting in incarceration for seven months in 1997. Since then he has substantially improved his conduct with no criminal record other than one minor traffic offense. He has demonstrated his rehabilitation for ten years. He mitigated a personal conduct allegation concerning failure to list a 1993 security clearance revocation at Question 32 on his security clearance application (SF 86) of July 8, 2004, by establishing that he was unaware of the revocation since he had left the Army three months before the revocation and was not notified of it. Clearance is granted.


Financial

06/13/2007

Applicant is a 51-year-old community planner working for a defense contractor. She had four alleged debts listed in the statement of reasons (SOR) totaling approximately $38,000. She paid almost $18,000 in the recent past. She has a repayment plan for the remaining two debts. Her debt problems resulted from separation and divorce. For the last two years she has shown her financial responsibility by not generating any new delinquent debt. Applicant has mitigated security concerns arising under financial considerations. Clearance is granted.


Financial; Personal Conduct

06/13/2007

Applicant and her husband operated a trucking business hauling auto parts to-and-from salvage yards located in multiple states. Due to a business downturn starting in about 1997, followed by a business failure in 2002, Applicant incurred excessive indebtedness. She and her husband now own-and-operate a truck driving as a team for a transit company hauling munitions and other materials for the government. She is not incurring new delinquent debt, and she is otherwise living within her means. When she completed a security-clearance application in April 2004, she did not make a deliberately false statement when responding to a question about her financial delinquencies. Eligibility for a security clearance is granted.


Financial

06/13/2007

Applicant is a 29-year-old computer technician working for a defense contractor. He has five alleged debts listed in the statement of reasons (SOR) totaling approximately $25,000. One of the debts was paid in 2004. He began a debt repayment plan in 2007 for the others. He is currently pursing a settlement against a judgment. His debt problems resulted from periods of unemployment. For the last two years he has shown his financial responsibility by not generating any new delinquent debt. Applicant has mitigated security concerns arising under financial considerations. Clearance is granted.


Financial; Personal Conduct

06/13/2007

Applicant is a 58-year-old armed security officer employed by a federal contractor. She had 18 unpaid debts and a state tax lien. She gave two false answers on her security clearance questionnaire. Her financial exigency occurred because of a serious illness and resulting disability of her daughter, aggravated by the repossession of her car and loss of her employment due to this security clearance process. She successfully mitigated the security concerns about Guideline F (financial considerations) and Guideline E (personal conduct). Clearance is granted.


Financial

06/13/2007

Between 1996 and 2005, Applicant accrued approximately $20,500 of delinquent debts. He has neither made significant progress toward reducing these delinquencies, nor developed a coherent plan to resolve them in the future. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

06/13/2007

Applicant has had financial problems since about 1999, due in part to inadequate income. She has taken no steps to address her delinquent debt reportedly totaling $37,628 as of February 2007. Judgment and trustworthiness concerns are also raised by her criminal assault with a gun in September 1999, and her failure to report known delinquencies on her application for a public trust position. It is not clearly consistent with the national interest to grant her a position of public trust.


Financial; Personal Conduct

06/13/2007

Applicant is a 49-year-old employee of a defense contractor. Applicant has at least three delinquent debts totaling in excess of $29,000. Applicant failed to mitigate the financial considerations concerns. Clearance is denied.


Guideline K

06/13/2007

Given the record that was before him the Judge articulated a rational explanation for his favorable decision. Favorable decision affirmed.


Guideline B

06/13/2007

The Judge balanced the favorable evidence against the nature of the Sudanese government and its relationship with the US as well as the number of close relatives Applicant has in the Sudan. Adverse decision affirmed.


Security Violations; Personal Conduct

06/13/2007

Applicant is a facility security officer who was held responsible by the Defense Security Service when two company employees improperly used laptop computers to process classified information at offsite locations in early 2001. Her positive discharge of her security duties over the past six years is sufficient to overcome the concerns raised by her negligence in failing to ensure compliance with computer accreditation requirements. She did not deliberately falsify her subject interviews when she denied any prior knowledge of the employees' actions. In the absence of proof that her foreign-born brothers-in-law were still foreign nationals as of her June 2005 security clearance application, her failure to list them does not raise personal conduct concerns. Clearance is granted.


Foreign Influence

06/12/2007

Applicant has lived in the United States since the 1970s. He became a United States citizen in 1985. He has one elderly sibling living in Vietnam; all of his other immediate family members reside in the United States. Clearance is granted.


Financial

06/11/2007

Applicant's financial difficulties, which resulted in a bankruptcy filing and discharge, occurred over two years ago. He is committed to avoiding a recurrence of these problems. Clearance is granted.


Alcohol; Criminal Conduct

06/11/2007

Applicant mitigated security concerns over his alcohol-related arrests and criminal conduct based on his abstinence from alcohol since March 2006 and his total compliance with court-ordered education and therapy. He provided persuasive evidence that he has reformed his conduct and demonstrated positive changes in behavior supportive of sobriety. Significantly, he has performed well on the job and has earned accolades from his managers who uniformly recommend him for a security clearance. Clearance is granted.


Guideline B

06/11/2007

Applicant's husband is a Chinese citizen and not a US citizen. Applicant and her husband are in regular touch with relatives in China. Favorable decision reversed.


Guideline G; Guideline H; Guideline J; Guideline E

06/11/2007

The challenged findings are supported by substantial record evidence. The Judge considered the applicable mitigating condition but found Applicant under all four applicable guidelines. The Judge's application of the guidelines is sustainable.


Guideline H; Guideline E

06/11/2007

Applicant argues that his 30 year period of marijuana use was interspersed with substantial periods of abstinence and that his falsifications were the result of naivete. Given the record before him, the Judge's decision was not arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Criminal; Alcohol; Personal Conduct

06/07/2007

Applicant is 38 years old, divorced, and works as a supervisor of adjustments for a defense contractor engaged in the health care industry. Applicant has four alcohol-related driving arrests and convictions, and two driving while revoked arrests. He was diagnosed as alcohol dependent in full remission, but failed to follow the alcohol assessment's aftercare recommendations. He failed to disclose his 2003 driving arrest on his trustworthiness application. Applicant failed to mitigate the criminal conduct, alcohol consumption, and personal conduct trustworthiness concerns. Eligibility for an ADP I/II/III position is denied.


Financial

06/07/2007

Applicant has eleven delinquent debts totaling approximately $14,000. Two have been settled. The remaining nine have not been paid nor a repayment plan established. The record evidence is insufficient to mitigate or extenuate the negative security implications stemming from her unpaid debts. Clearance is denied.


Foreign Influence; Criminal Conduct; Personal Conduct

06/07/2007

Applicant demonstrated that his family members living in Iraq 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 his clearance application in February 2003 makes him unsuitable for a security clearance. Clearance denied.


Foreign Influence

06/06/2007

Applicant is a 42 year-old naturalized United States citizen, born in the People's Republic of China (PRC). Applicant's sister is a citizen and resident of the PRC. The evidence establishes that Applicant has close and continuing relationship with his sister, which makes him potentially vulnerable to foreign influence. Mitigation has not been shown. Clearance is denied.


Foreign Influence

06/06/2007

Applicant is a native born, United States citizen. His mother, father, three sisters, and two of his children were born in the United States and are U.S. citizens. Applicant's wife's family, including her mother, father, three sisters, and one brother are citizens and residents of Taiwan. None of these family members, belong to, participate in, or are active with any government agency of Taiwan. They are not in a position to be exploited by Taiwan in a way that could force Applicant to choose between loyalty to these family members and his loyalty to the United States. Applicant's strong attachment to the United States makes it highly unlikely that he would respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Guideline E; Guideline J

06/06/2007

Applicant contends that the Judge found against him on a matter not raised in the SOR under Guideline E. The Judge found against Applicant under allegations under both Guideline E and Guideline J. Her adverse determination under Guideline J is sustainable. Adverse decision affirmed.


Guideline F; Guideline E

06/06/2007

The federal government need not wait until an applicant mishandles or fails to handle properly sensitive information before it can deny or revoke access to such information. An applicant's need for a a trustworthiness designation is not material to her suitability. Adverse determination affirmed.


Guideline E; Guideline J

06/06/2007

The Administrative Judge's reading of Applicant's admissions in his response to the SOR is untenable. Applicant's admission of "A - I" "involving criminal history"is broader than just subparagraph 1.a. and includes subparagraphs 1.b through 1.i. Thus, the Judge's conclusion that the government had failed to meet its burden of production regarding subparagraphs 1.b. and 1.h. (Applicant's four year confinement and the application of 10 USC 986) is erroneous. Favorable decision reversed.


Financial

06/05/2007

Applicant's long history of not paying her income tax when due, and her failure to offer any meaningful evidence of reform, precludes a finding that it is now clearly consistent with the national interest to grant her access to classified information. Clearance is denied.


Financial

05/31/2007

Applicant is 60 years old and has worked for a federal contractor as a business manager since 2005. He owes more than $169,000 in delinquent tax debts from 2001. He failed to provide substantive mitigating information as to why he failed to deal with his tax problems in a timely manner. He failed to provide a plan on how he will repay the debts. Applicant failed to mitigate the trustworthiness concerns. Eligibility is denied.


Foreign Influence

05/31/2007

Applicant is 49 and was born in the U.S. His sister moved to Israel five years ago. Their contacts are infrequent. His Vietnam-born wife is a U.S. citizen. They have two small children. His wife's parents, brother and an acquaintance are citizens/residents of Vietnam. Applicant's relationships with them are not close. Applicant's lifelong personal, emotional, financial, and other ties are almost exclusively with this country. He has had extensive security training over the past 27 years. His dedication to this country is attested to by his Facility Security Officer and two other colleagues. He avers, and the overall evidence establishes, that he is a man of integrity who can be counted upon to report any improper contacts. Mitigation has been shown. Clearance is granted.


Sexual Behavior; Personal Conduct

05/31/2007

Applicant has a 20-plus year history of engaging in Peeping Tom activities, although it ended in about 1997. He admits he has an addiction to Internet pornography. In March 2003, he was fired from his job when he accessed and viewed adult pornography on a company computer. Eligibility for a security clearance is denied.


Financial

05/31/2007

Between 1999 and 2001, Applicant amassed more than $119,000 in delinquent credit card debt. A Chapter 7 bankruptcy petition filed in 2001 was dismissed without the debts being discharged and Applicant has yet to take any action to pay or otherwise resolve his obligations. Accordingly, he has failed to mitigate the security concerns about his finances. Clearance is denied.


Foreign Influence

05/31/2007

Applicant is 50 years old and has worked as a senior engineer for a defense contractor since 2003. He was born in the People's Republic of China (PRC) and immigrated to the U.S. on an educational scholarship. He became a naturalized U.S. citizen in 1996. His mother and father are citizens and residents of PRC. His in-laws are citizens and residents of PRC and live there half of the year and live in the U.S. as legal residents for half of the year. Even though his relationship to his foreign family is close and their contact is frequent, Applicant established he has more substantial ties to the U.S. In the process, he demonstrated that his relatives do not pose an unacceptable risk. Clearance is granted.


Foreign Influence

05/31/2007

Applicant is 50 years old and has worked as a senior engineer for a defense contractor since 2003. He was born in the People's Republic of China (PRC) and immigrated to the U.S. on an educational scholarship. He became a naturalized U.S. citizen in 1996. His mother and father are citizens and residents of PRC. His in-laws are citizens and residents of PRC and live there half of the year and live in the U.S. as legal residents for half of the year. Even though his relationship to his foreign family is close and their contact is frequent, Applicant established he has more substantial ties to the U.S. In the process, he demonstrated that his relatives do not pose an unacceptable risk. Clearance is granted.


Drugs

05/31/2007

Applicant is a 36-year-old employee of a defense contractor who has a history of illegal drug use as recent as March 2006. He failed to mitigate the security concerns raised under the drug involvement guideline. Applicant's eligibility for a security clearance is denied.


Financial

05/31/2007

Applicant incurred approximately $21,765 in delinquent debt, for which he has no payment plan in place. He has failed to mitigate the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is denied.


Financial

05/31/2007

Applicant is 58 years old, retired from the Navy and works as a dispatcher for a federal contractor. Applicant has more than $33,000 in delinquent debts. He stated the debts were due to underemployment and for medical expenses. The debts date as far back as 2000. He has not contacted any of the creditors, has not attempted to resolve any of the debts and he does not intend on repaying any of them. He failed to mitigate security concerns under Guideline F, financial considerations. Clearance is denied.


Foreign Influence

05/31/2007

Applicant is 52 years old and has worked as an airframe mechanic for a federal contractor since 2000. He married in 1995. His wife was a Russian citizen and two years ago became a naturalized U.S. citizen. His parents-in-law are Russian citizens, hold Russian passports, and live in the U.S. with Applicant and his wife and daughter. They have permanent residency status. Applicant's father-in-law served more than 30 years in the Russian Navy and retired at the rank of Captain. He and his wife maintain contact with friends in Russia. Applicant failed to mitigate the security concerns raised under Guideline B, foreign influence. Clearance is denied.


Financial; Personal Conduct

05/31/2007

Applicant is a 38-year-old employee of a defense contractor seeking eligibility for a position of public trust. After her debts were discharged in bankruptcy, she accumulated more delinquent debt which she has not paid, or explained how she accumulated the delinquent debt. She did not list debts over 180 days past due on her application even though she knew about the debts. She has not mitigated security concerns for financial considerations and personal conduct. Eligibility for a position of public trust is denied.


Financial

05/31/2007

Applicant is a technician for a defense contractor. His debts were discharged in bankruptcy in December 2004. Thereafter, he accumulated 14 delinquent debts from tax liens, bank loans, utility bills, and student loans. He has not presented information to mitigate security concerns for financial considerations. Clearance is denied.


Financial

05/31/2007

Applicant is 46 years old and has been employed by a federal contractor as a custodian since November 2004. She has been steadily employed since 1998. She has two children. Applicant has eleven delinquent debts totaling approximately $8,000 that remain unpaid. Ten of the debts have been placed for collection and one is charged off. The debts date back to 2002 through 2006. Applicant failed to provide amplifying information as to any action she has taken to pay or resolve her debts. Applicant failed to mitigate the security concerns under Guideline F, financial considerations. Clearance is denied.


Financial

05/31/2007

Applicant is unable to mitigate financial considerations concerns that arose following the submission of her security clearance application that identified outstanding debts exceeding $20,000.00. She sought chapter 7 bankruptcy protection and is awaiting receipt of her bankruptcy discharge. She has yet to establish a budget and a financial track record establishing financial responsibility. Clearance is denied.


Financial

05/31/2007

Between 2000 and 2002, Applicant accrued two delinquent credit card debts in the approximate amount of $6,000, and lost her mobile home to repossession. Her financial problems corresponded with the breakdown of a volatile domestic relationship. Since then, she has remarried, purchased a home, initiated a good-faith dispute regarding the deficiency balance remaining from the repossession, satisfied one of the credit card delinquencies, and has been attempting to contact the remaining creditor since July 2006. She has alleviated the trustworthiness concern, and eligibility to occupy a sensitive position is granted.


Financial; Personal Conduct

05/31/2007

Applicant, an electrician employed by a defense contractor, mitigated financial security concerns arising from bankruptcy filed in 1996 and, after two re-filings, discharged in 2004, a state tax lien paid in 2005, and a medical bill paid in 2006. Also mitigated were personal conduct allegations relating to his failure to report the three financial matters on his security clearance application (SF 86) in 2004. He regarded the bankruptcy as over seven years old and outside the reporting requirement. He did not know of the other two debts until after the SF 86 filing. Clearance in granted.


Financial; Personal Conduct

05/31/2007

Applicant is 38 years old and has worked as a budget analyst for a defense contractor since November 2006. She is raising two minor children from her first marriage. Shortly after marrying her second husband, he had a stroke and a kidney transplant and is now on disability. She has delinquent consumer and medical debts totaling approximately $48,000. Of that amount, approximately $14,737 has either been paid off or deleted from her credit report. The amount of Applicant's delinquent debt, although not negligible, should not make her vulnerable to coercion, exploitation, or duress. Eligibility for an ADP I/II/III position is granted.


Alcohol; Criminal Conduct

05/31/2007

Applicant is 35 years old and has worked as a tactical software engineer for a defense contractor since 1996. He was convicted of driving while intoxicated in 2002 and again in 2007. He was also convicted of reckless driving in 2000. He was arrested for assault in 2001, but the charges were dismissed when the victim failed to show at court. Applicant received approximately 19 moving traffic violations from August 2000 to December 2004. Applicant failed to mitigate the security concerns raised under Guideline G, alcohol consumption, and Guideline J, criminal conduct. Clearance is denied.


Financial

05/31/2007

Applicant filed Chapter 13 bankruptcy petitions in 1991 and 1992, both of which were dismissed. The first was dismissed for failing to file a required confirmation certification and the second for nonpayment. She now has eight delinquent debts, including a federal income tax debt of $53,189. She did not disclose a federal tax lien when she executed her security clearance application (SF 86), because she was unaware of it. She has refuted the allegation of falsifying her SF 86, but she has not mitigated the security concerns raised by her financial problems. Clearance is denied.


Financial

05/31/2007

Applicant is 44 years old and works for a federal contractor. Since 2000, she accumulated a significant amount of debts listed in the Statement of Reasons (SOR) that she has neither resolved nor paid. She failed to mitigate the concerns raised by financial considerations. Eligibility for a public trust position is denied.


Drugs; Personal Conduct

05/31/2007

Applicant experimented twice with marijuana as a teenager and young adult. After a more than 14-year absence, he started smoking marijuana again in August 2004, following the breakup of his 10-year marriage. After occasional use for the next three months, he stopped smoking it and changed his lifestyle and friends, when he realized the negative effect his conduct was having on him. He has mitigated the government's concerns about his drug involvement. Clearance is granted.


Financial, Personal Conduct; Criminal Conduct

05/31/2007

Applicant had seven delinquent debts totaling more than $12,000. One debt for $878 was legitimately disputed. One debt for $420 was paid. His federal tax refund of $2,380 was applied as partial payment on four delinquent student loans, leaving a balance of $7,877. He intentionally failed to disclose his delinquent debts on his security clearance application. Security concerns based on financial considerations, personal conduct, and criminal conduct are not mitigated. Clearance is denied.


Financial

05/31/2007

Applicant failed to mitigate financial security concerns arising from accumulated delinquent debts totaling approximately $13,000 despite being employed in a responsible position since 2003. She has paid, settled, or successfully disputed only $350 of the debts, and has no viable plan to do so with the other debts. While her intent to resolve them is strong, her actions and ability to do so to obtain a favorable trustworthiness determination is in doubt based on the record. Clearance is denied.


Financial: Criminal Conduct: Personal Conduct

05/31/2007

Applicant incurred significant delinquent debt that he has only recently started to repay. He was not candid about his financial delinquencies on his October 2004 security clearance application. Applicant has not yet proven that he can handle his finances responsibly or that his representations can be relied on. Clearance is denied.


Financial

05/31/2007

Applicant is 52 years old and has been employed as a logistics technician for a defense contractor since June 2004. She has two outstanding federal tax liens totaling $11,121. There is an outstanding delinquent debt to a hospital for a $3,482. She proffered evidence of payment of these debts. Applicant has mitigated the financial considerations security concerns. Clearance is granted.


Financial

05/31/2007

While Applicant's financial problems raised security concerns because of his long-standing debts to several creditors, in 2007 he begin a good-faith effort to resolve debts with a debt consolidator to make payments on several large debts and plans to pay the small debts directly. While he is at the beginning stages of resolving these debts, overall, he demonstrated a plan to systematically resolve his debts. Significantly, he has stable employment and lives prudently. He is highly regarded by his employer as a hard worker who is willing to learn something new to advance his career. Consequently, concerns over financial issues can be mitigated. Clearance is granted.


Financial

05/31/2007

Sixteen years ago, Applicant became involved with her stepfather in the business operations of a sole proprietorship. Because of poor decision-making about business finances and management, tax liability issues related to the business arose, and ultimately became Applicant's responsibility. For a number of years, Applicant worked with the Internal Revenue Service (IRS) to resolve her tax problems. She continues with her efforts to resolve her tax problems, even though the IRS declared her unpaid taxes as "uncollectible". She had mitigated the government's concerns about financial considerations. Eligibility is granted.


Criminal Conduct; Personal Conduct

05/31/2007

Applicant, who has a history of criminal behavior, falsified his answers to Questions 16 and20 on his Public Trust Position Application (SF-85P) by failing to acknowledge and list his past criminal offenses and a debt of approximately $5,271 that was over 180 days delinquent. He failed to mitigate security concerns under Guidelines E and J. Eligibility is denied.


Financial

05/31/2007

Applicant received a Chapter 7 bankruptcy discharge in September 1996. Starting around 1999, he began to accumulate new delinquent debts, which remained unresolved until after he was notified that his security clearance was in jeopardy. Security concerns arising from financial considerations have not been mitigated. Clearance is denied.


Foreign Influence

05/31/2007

Applicant has successfully mitigated the foreign influence security concern, as the record evidence demonstrates that her connections to China are rather minimal or pro forma or both when compared to her significant family, professional, and financial connections to the U.S. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

05/31/2007

Applicant has a history of financial irresponsibility beginning before his administrative discharge from the Navy in 2003. He continued to ignore these debts even after he obtained employment with a defense contractor and was in a position to pay them. He finally paid most of the overdue debts and negotiated repayment agreements for the remaining obligations only after the initiation of this action. He falsified his security clearance application by failing to list several debts that were more than 90 days delinquent. Applicant also has a history of criminal conduct: the theft of four automobile tires and rims in 2000. I conclude Applicant has failed to mitigate the security concerns arising from his history of financial difficulties, criminal conduct, and personal conduct. Clearance is denied.


Foreign Influence

05/31/2007

Applicant is U.S. citizen by virtue of his father's citizenship and his birth in the U.S. He graduated from the U.S. Military Academy, served on active duty for five years, and has been recalled to active duty for service in Iraq. His mother has resided in the U.S. for 34 years but remains a citizen of the Republic of Korea (ROK). His wife is a citizen of the ROK residing with him in the U.S. His grandmother, mother-in-law, father-in-law, and brother-in-law are all citizens and residents of the ROK. He has mitigated the security concerns based on foreign influence. Clearance is granted.


Drugs; Personal Conduct

05/31/2007

Applicant, 29 years old and unmarried, is employed as a software engineer by a defense contractor. In 2001, he was granted a security clearance. In approximately 2002, he committed a security violation by failing to remove and secure computer hard drives containing classified information at the end of the work day. Applicant used marijuana intermittently from 1996 to 2004. In 2004, when he was 26 and holding a security clearance, he used marijuana with friends at a concert. While Applicant mitigated a Guideline E security violation concern, he failed to mitigate security concerns related to drug use under Guidelines E and H. Clearance is denied.


Financial

05/31/2007

Applicant incurred approximately $39,000 in delinquent debt, including unpaid federal taxes from 1999 and 2001. Despite her recent payments, she has failed to mitigate the security concerns raised under the financial considerations guideline. Applicant's eligibility for a security clearance is denied.


Information Technology

05/31/2007

Applicant is 41 years olds and has been employed as an information systems security manager by a defense contractor since August 2005. While working at a federal agency, he was accused of inappropriately doing tasks on information systems that he was unauthorized to do. He has mitigated the use of information technology systems security concerns. Clearance is granted.


Drugs; Personal Conduct

05/31/2007

Applicant is a 48-year-old employee of a defense contractor. He used marijuana a few times a year from 1977 to July 2005. He has held a security clearance since March 2001. He did not include his use of marijuana or use while holding a security clearance on his two security clearance applications. Clearance is denied.


Financial

05/31/2007

While Applicant's financial problems raised security concerns because of his long-standing debts to several creditors, in 2006 he begin a good-faith effort to resolve debts with credit solutions. Since then, he has been consistently make payments on several large debts. He negotiated an agreement with another creditor in 2007 to pay an additional large debt. The only unresolved debts are small, dated medical debts as his payment checks were returned as the collection agency was no longer in business. Overall, he demonstrated a plan to systematically resolve his other debts; he has paid several of his debts and has a plan to resolve the remainder. He has stable employment and lives prudently. He is highly regarded as trustworthy and recommended for a security clearance by his employer. Consequently, concerns over financial issues can be mitigated. Clearance is granted.


Personal Conduct

05/31/2007

Applicant is 29 years old and has been a consultant working with web and online initiatives for a defense contractor since June 2003. He did not falsify material facts in either his security clearance application or declaration of federal employment. Applicant has mitigated the personal conduct security concerns. Clearance is granted.


Financial

05/30/2007

Applicant is a 37-year-old employee of a federal government contractor. She has extensive delinquent debt, totaling more than $48,000, including defaulted student loans and back state taxes. Applicant failed to mitigate the security concerns arising from financial issues. Eligibility is denied.


Financial

05/30/2007

Applicant failed to mitigate security concerns arising from $13,000 in delinquent debts that included three judgments despite evidence that the failure to pay the debts was largely attributable to his wife's drug use and resultant depletion of their bank account to pay for the drugs. Applicant's failure to monitor the accounts and willingness to continue to trust her with their accounts after he had been learned of her prior conviction for embezzlement, showed lack of judgment in financial matters. Clearance is denied.


Financial

05/30/2007

This 58-year-old employee of a defense contractor has a history of financial problems beginning as early as 1995 and remaining unresolved. The delinquent debts currently exceed $36,600.00. No mitigation has been established. Clearance is denied.


Financial

05/30/2007

Applicant has settled three of her overdue debts, and she is now in the process of attempting to resolve her two other past due debts. Applicant is current on all of her recent debts, and she has demonstrated a stable and mature outlook about her finances. Mitigation has been shown. Clearance is granted.


Alcohol; Personal Conduct

05/30/2007

Applicant was arrested and charged with alcohol-related offenses (DUI) in 1983, 1988, 1995, 1997, and 2004. As a result of the 2004 DUI, he remains on probation until April 2008. He has a well-established history of treatment for his alcohol problem followed by relapse. In addition, he deliberately failed to disclose his 1983, 1988, and 1995 DUIs when he completed a security- clearance application in December 2004. Clearance is denied.


Financial

05/30/2007

Applicant incurred delinquent debt during both of his marriages. He believed his two oldest debts belonged to his first wife because she created the debts. His largest unpaid debt occurred because he could not pay the car payment and the extensive car repair bills on the same car. He lives within his financial means and voluntarily pays child support for his daughter and stepson. His overall work record in the military and with his employer reflects that he is reliable and trustworthy. He has mitigated the government's concerns about his trustworthiness. Eligibility is granted.


Personal Conduct; Financial; Criminal Conduct

05/30/2007

As a teenager and young adult, Applicant mismanaged her finances, which resulted in an arrest for writing a bad check, but no conviction. As she matured, she changed her checking writing and bill paying habits. She paid her overdue small debts. Her largest debt is barred by the statute of limitations and cannot be used as a way to pressure, coerce, or exploit her. She is working to resolve her remaining debts. She has mitigated the government's concerns under Guidelines F and J. Since she did not intentionally falsify her answers on the SF-85P form, the government did not establish a prima facie case under Guideline E. Eligibility is granted.


Financial; Criminal Conduct; Personal Conduct

05/30/2007

Between 1996 and 2004, Applicant accrued approximately $9,000 of delinquent debt, and was charged criminally on 18 occasions for bouncing checks. She failed to disclose the criminal charges, as required on her 2004 security clearance application, and offered scant evidence that she has resolved her financial problems. Clearance is denied.


Foreign Preference; Foreign Influence

05/30/2007

Applicant is a 52-year-old naturalized U.S. citizen who has lived and worked in the U.S. for 28 years. He was born in Iran, but became a naturalized U.S. citizen in 1990. He traveled to Iran twice in the past fifteen years using his Iranian passport. His father and parents-in-law are Iranian citizens. Applicant has not mitigated the security concern under foreign preference and foreign influence. Clearance is denied.


Financial; Drugs; Personal Conduct

05/30/2007

Applicant did not file any federal or state income tax returns between 2000 and 2005. Also, he failed to pay his 1993 state income taxes on time, for which a lien was filed against his property in 2000. Although he filed the delinquent tax returns approximately a year ago, and has been making payments toward the satisfaction of the 1993 income tax delinquency for the past six months, it is too soon to conclude that he has mitigated the financial considerations and personal conduct security concerns. Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct

05/30/2007

Applicant used marijuana from about 1996 to 2004, was caught driving drunk in October 2004, and was not candid about his illegal drug involvement on his security clearance application. The illegal drug involvement concerns are mitigated by his abstention with a credible intent to refrain from future drug use. Personal conduct and criminal conduct concerns persist because of his deliberate false statements on his clearance application. Clearance is denied.


Personal Conduct; Criminal Conduct

05/29/2007

Applicant is a 33-year-old administrative project assistant employed by a defense contractor. Between 1997 and 2003, she was involved in six offenses, which included grand theft, check forgery, and larceny under false pretenses. In 2005, she deliberately failed to disclose in her security clearance application her four felony charges and her conviction for larceny under false pretenses. Applicant failed to present sufficient evidence to mitigate security concerns raised by her criminal conduct, and personal conduct. Clearance is denied.


Personal Conduct; Criminal

05/29/2007

Applicant was arrested and charged with DWI in 1988, 1999, and 2005. He received a suspended imposition of sentence on each occasion, and he remains on probation from the 2005 DWI until about November 2007. He deliberately failed to disclose his 2005 DWI and related alcohol counseling when he signed a security-clearance application in January 2006. Clearance is denied.


Foreign Preference; Foreign Influence

05/29/2007

Applicant is a 28-year-old employee of a federal government contractor. Applicant was born in the United States while her parents were in this country from Iran, furthering their education. Applicant's parents took her to Iran in 1984, where she lived until she returned to the U.S. in 2002. Applicant's father is deceased. Her mother and sister are citizens and residents of Iran. Applicant voted in Iranian elections in 1998, because she believed she would be denied entrance to college if she did not. Applicant possesses a valid current Iranian passport, because it is the only way she can enter Iran to visit her mother and sister. Applicant has not mitigated the foreign preference and foreign influence concerns. Eligibility is denied.


Financial

05/29/2007

Applicant incurred approximately $43,978 delinquent credit card debt, for which she has no payment plan in place. She has failed to mitigate the trustworthiness concerns raised under financial considerations. Applicant's eligibility for a trustworthiness position is denied.


Criminal Conduct; Financial

05/29/2007

Applicant has worked for defense contractors for 29 years, and held a security clearance since 1979. He has a history of minor offenses between 1980 and 2004, but demonstrated rehabilitation through his successful completion of probation, the family building classes, job training for a second career, and his long-term record of employment. Applicant also incurred delinquent debt after his divorce in 1994 and a devastating fire in 2005. He resolved the largest listed obligations; his unpaid debts total less than $3,500.00, so that the potential for pressure, coercion, exploitation, or duress is low. Considering Applicant's maturity, personal circumstances, and rehabilitative progress, the likelihood of a continuation or recurrence of criminal conduct or significant financial problems is low. Clearance is granted.


Financial; Personal Conduct

05/29/2007

Applicant is 37 years old, divorced from her second husband, with two teenaged children. She works for a defense contractor in the health insurance business. She filed Chapter 7 bankruptcy in 1997 after her first marriage ended. She filed Chapter 7 bankruptcy in 2006 two years after her second marriage ended. She has delinquent debts of at least $64,990 that she failed to disclose on her trustworthiness application, in addition to the filing of her 1997 bankruptcy petition. She did not mitigate the financial considerations and personal conduct trustworthiness concerns. Eligibility for an ADP I/II/III position is denied.


Financial

05/29/2007

Applicant has a history of financial delinquencies. His current unpaid debts total approximately $75,000, including more than $28,800 in delinquent federal taxes. Applicant has not received financial counseling, and he has no specific plans in place to resolve his debts. He admitted all but one of the 19 delinquencies alleged in the SOR. Applicant failed to mitigate Guideline F security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

05/29/2007

In October 2004, Applicant deliberately answered "no" to the security application question of whether he had ever been charged or convicted of an offense related to alcohol or drugs. In February 2006, Applicant was interviewed by an Office of Personnel Management (OPM) investigator. On two occasions during the early part of the interview, Applicant replied that he had committed no alcohol or drug-related offenses. Only after additional questioning did he finally acknowledge his alcohol-related offense in April 2001. Applicant's favorable character evidence does not mitigate the criminal and personal conduct. Clearance is denied.


Financial; Personal Conduct

05/29/2007

Applicant owed about $3,650 in delinquent debt that she intentionally did not report when she completed her security clearance application in October 2003. Nor did she disclose criminal drug charges filed against her in January 1997 that were subsequently not prosecuted. A single mother with three young children to support, Applicant candidly admitted to a government investigator in 2005 that she had lied to protect her job. She has expressed deep remorse for the SF 86 falsifications, settled or paid in full most of her delinquent debts, and has not incurred any recent delinquency. Clearance is granted.


Alcohol; Personal Conduct; Criminal Conduct

05/29/2007

Applicant failed to mitigate security concerns about her use of alcohol, her arrest record, and her deliberate falsification of her Applications for a Position of Trust (SF 85P). Eligibility for an ADP I/II/III position is denied.


Guideline B; Guideline E

05/29/2007

In accordance with a joint motion of the parties, the Board is remanding the case to the Administrative Judge for further processing. Adverse decision remanded.


Guideline J; Guideline E

05/29/2007

The Judge was not bound as a matter of law to accept or reject Applicant's explanation Adverse decision affirmed.


Guideline E; Guideline J

05/29/2007

Once the government presents evidence raising security concerns, the burden is on the applicant to establish appropriate mitigation. An applicant's security related conduct may be raised under more than one guideline. Adverse decision affirmed.


Financial

05/27/2007

Applicant failed to meet his burden to successfully explain, mitigate, or extenuate the security concern stemming from his history of financial problems. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

05/24/2007

Applicant failed to mitigate security concerns under the Drug Involvement, Criminal Conduct, and Personal Conduct Guidelines of the Directive. Clearance is denied.


Foreign Influence

05/24/2007

Applicant, a 58 year old employee of a defense contractor, born in Taiwan, emigrated to the U.S. from Canada in 1980 and became a citizen in 1994. She has been an employee of the same corporation since 1984 holding a security clearance since she became a U.S. citizen. She mitigated security concerns based on her 80-year-old mother and three siblings who live in Taiwan by demonstrating her strong ties in the U.S. including her two children who are professionals with U.S. education and her long and outstanding record with her company. Clearance is granted.


Alcohol; Personal Conduct

05/24/2007

Applicant is 44 years old, separated from his wife and seeking a divorce.Tthey have a 12- year-old son. Applicant is a structural mechanic for a defense contractor. He voluntarily entered an alcohol rehabilitation program in 2004, but did not complete the out-patient program because he had alcohol odor on his breath one day at a session. Subsequently, he drove while drunk with a blood alcohol content of .24%. He failed to disclose a mental detention warrant and transport to a state hospital for psychiatric evaluation. Applicant did not mitigate the alcohol consumption and personal conduct security concerns. Clearance is denied.


Financial

05/24/2007

Applicant is 26 years old, married, and working as a customer service representative for a defense contractor in the health insurance business. Applicant borrowed money on credit cards while in college, and has not repaid these delinquent debts totaling $8,992. Applicant did not mitigate the financial considerations trustworthiness concern. Eligibility for an ADP I/II/III position is denied.


Personal Conduct

05/24/2007

Applicant is 43 years old, possesses a doctorate degree in chemistry, and is married with two children. He now works for a defense contractor. From 1997 to 1999, he worked for a chemical manufacturer. While seeking other employment, he spoke with a competitor of his employer, who reported Applicant as having offered proprietary information in exchange for job consideration. Applicant mitigated the personal conduct security concern. Clearance is granted.


Criminal Conduct

05/23/2007

Applicant was convicted of Reckless Homicide and sentenced to more than one year in prison. Because he was incarcerated for more than one year, 10 U.S.C. 986 precludes him from receiving a security clearance. Clearance is denied, but waiver recommended.


Financial, Criminal Conduct; Personal Conduct

05/23/2007

Applicant is 38 years old and has worked for a federal contractor since May 2005. He has a long history of financial delinquencies and criminal conduct. He deliberately failed to disclose the extent of his delinquent debts and criminal conduct. Applicant failed to mitigate security concerns raised under Guideline F, financial considerations, Guideline J, criminal conduct, and Guideline E, personal conduct. Clearance is denied.


Guideline H

05/23/2007

The Board does not review cases de novo. Adverse decision affirmed.


Financial

05/23/2007

Applicant received a Chapter 7 bankruptcy discharge in 1999. Shortly afterwards, she was unemployed for almost 20 months, and she became financially responsible for her terminally ill mother and medically disabled son. Nevertheless, she paid off a large debt reaffirmed after her bankruptcy, paid off her mother's medical expenses and her son's car loan, and resolved or disputed several other debts. Trustworthiness concerns based on financial considerations are mitigated. Eligibility for assignment to sensitive positions is granted.


Guideline M; Guideline E

05/23/2007

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


Financial

05/23/2007

Applicant has been experiencing financial problems for many years. Determination of Trustworthiness is denied.


Drugs; Personal Conduct

05/23/2007

Applicant used marijuana, cocaine, psilocybin, psilocyn, methamphetamine, lysergic acid diethylamide, and/or phencyclidine on diverse occasions for more than 20 years. He also sold small amounts of marijuana and cocaine. He falsified his 2003 security clearance application to conceal his cocaine use from his employer and the government. He failed to mitigate security concerns pertaining to his drug involvement and personal conduct. Clearance is denied.


Guideline J; Guideline E

05/23/2007

The Judge's finding of deliberate falsification is sustainable. 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.


Personal Conduct; Alcohol; Criminal Conduct

05/23/2007

Applicant is a 49-year-old senior structural designer employed by a defense contractor. Between 1983 and 2001, he was convicted of six offenses, which included a felony and five alcohol related offenses, including a DWI. In 2003, he deliberately failed to disclose in his security clearance application his convictions and the full extent of his alcohol related treatment. Applicant failed to present sufficient evidence to mitigate security concerns raised by his criminal conduct, alcohol consumption, and personal conduct. Clearance is denied.


Guideline F; Guideline E; Guideline B

05/23/2007

Security concerns are not limited to influence exercised by foreign governments. The Judge's failure to make findings concerning the geopolitical situation in Afghanistan impairs his analysis both of Guideline B and the whole person. Adverse decision remanded.


Drugs

05/22/2007

Applicant, a 23 year old engineer with a major defense contractor, successfully mitigated security concerns for marijuana use during college by demonstrating an intent not to use again and separating himself from his college associates with whom he used. An allegation of use while holding a security clearance was rebutted by a factual showing his last use occurred four months prior to his employment. Clearance is granted.


Foreign Influence

05/22/2007

Applicant is a 33-year-old employee of a government contractor seeking a position of public trust. She was born in China and became a naturalized U.S. citizen in June 2004. Her mother, father, brother and sister-in-law are citizens and residents of China. She submitted no evidence in extenuation or mitigation of foreign influence security concerns raised by these family connections. It is not clearly consistent with the national interest to grant or continue access to sensitive information, in an automated data processing (ADP) position designated ADP-I/II/III, to Applicant. Eligibility to occupy such a public trust position is denied.


Financial; Personal Conduct

05/22/2007

Applicant has approximately 13 delinquent debts, totaling $16,199. She deliberately failed to disclose her delinquent accounts on security clearance applications submitted on September 4, 2002, and April 20, 2005. While intending to resolve her delinquent accounts in the future, the majority of her delinquent accounts remain unresolved. She has not mitigated the security concerns raised under financial considerations and personal conduct. Clearance is denied.


Alcohol; Drugs

05/22/2007

Applicant is a 60-year-old employee of a defense contractor. Applicant received alcohol rehabilitation treatment in 1996. He remained sober until 2004, when he had a relapse and returned to drinking. Applicant also started abusing prescription pain medication. In 2004 to 2005, Applicant received substance abuse rehabilitation treatment on at least four occasions. His diagnosis was alcohol dependence and opiate abuse. He returned to drinking after every program, and was arrested and convicted in January 2006, after he crashed his car while intoxicated. Applicant has been sober since January 2006. After all of Applicant's relapses, he has not established a sufficient record of sobriety to mitigate the alcohol and drug concerns. Clearance is denied.


Foreign Influence

05/22/2007

Applicant is a 33 year-old naturalized United States citizen, born in the People's Republic of China (PRC). Applicant's grandmother and brother are citizens and residents of the PRC, but she does not have a close relationship with them, Her parents, with whom she has close and continuing relationship, now reside in the United States, and her husband is a United States citizen. The evidence establishes that Applicant is not vulnerable to foreign influence. By mitigating these foreign influence security concerns, Applicant has demonstrated that it is clearly consistent with the national interest to grant or continue her security clearance. Clearance is granted.


Financial

05/22/2007

Between approximately 2002 and 2005, Applicant accrued two debts totaling approximately$25,000, which generates a security concern. Although circumstances beyond her control contributed in part to these delinquencies, she failed to demonstrate that she has taken any concrete steps to resolve them. Clearance is denied.


Financial

05/22/2007

Between approximately 2002 and 2005, Applicant accrued two debts totaling approximately$25,000, which generates a security concern. Although circumstances beyond her control contributed in part to these delinquencies, she failed to demonstrate that she has taken any concrete steps to resolve them. Clearance is denied.


Drugs; Personal Conduct

05/22/2007

Applicant used marijuana with varying frequency from 1972 to 1982 and 1984 to 1990. He used it three times between December 2004 and July 2005. He disclosed only two of his five arrests on his security clearance application in 1990, and he failed to disclose a felony arrest on his application in 2005. He has not mitigated the security concerns raised by his drug involvement and the falsifications of his two security clearance applications. Clearance is denied.


Financial

05/22/2007

Applicant has a history of financial problems consisting of delinquent consumer debts and a real estate foreclosure. He has not presented sufficient information to explain, extenuate, or mitigate the financial considerations security concern. Clearance is denied.


Financial

05/22/2007

Applicant is a 33-year-old employee of a federal contractor. She had 23 unpaid debts. In 1998, she developed chronic hypertension during a pregnancy, and suffered a stroke after her child was born the following year. Her high blood pressure has continued, requiring numerous hospitalizations, and only in the past six months have the doctors found medication that appears to control her hypertension. She sought credit counseling. She attempted to follow a budget that included debt reduction, but could not afford it. She tried to work a second job but her doctors asked her to quit because of her tenuous health situation. Using the "whole person" concept, she successfully mitigated the security concerns under Guideline F (financial considerations). Applicant's eligibility for assignment to a sensitive position is granted.


Foreign Influence

05/22/2007

Applicant is a 64-year-old engineer who as born in China in 1942, came to the United States in about 1976, and became a naturalized United States citizen in 1985. In a second marriage, he wed a Chinese citizen in 2005. She continues to resides in Hong Kong as do many of his siblings. He has close family, professional, and financial ties to Hong Kong/China. No adequate mitigation has been established. Clearance is denied.


Financial

05/22/2007

Applicant is 49 years old and has worked for a federal contractor as a software instructor since 2004. Prior to retiring from the Army, he started a business. He was unfamiliar with the tax consequences and also how to manage it. He lost a significant contract and experienced financial difficulties. When he was discharged from the service he was underemployed for a period of time. He now has a substantially better paying job, has taken a financial management course, and repaid all of his delinquent debt. He pays his monthly expense on time, does not incur unnecessary expenses, and lives within his means. Applicant has successfully mitigated security concerns raised by Guideline F, financial considerations. Clearance is granted.


Criminal Conduct; Alcohol; Drugs

05/22/2007

Applicant is 48 years old and a lead programmer and manager for a defense contractor. He had three alcohol-related driving offenses from 1986 to 1996. He used and was arrested for marijuana possession in college in 1981. He used cocaine between 1999 and 2000. He successfully completed a substance abuse resident and aftercare program and has been substance abuse free since 2001. Applicant mitigated security concerns for alcohol consumption, drug involvement, and criminal conduct. Clearance is granted.


Personal Conduct; Criminal Conduct

05/21/2007

Applicant is 26 years old and has worked as a facilities operations assistant for a federal contractor since November 2004. As a juvenile and young adult he was involved in a gang. He was charged with aggravated assault with a deadly weapon and was on probation for five years. He had other minor criminal offenses and traffic violations checkered throughout his youth. He has changed his behavior and is committed to leading a law abiding life and has proved he can do so. He divulged his serious offense on his security clearance application, but was confused in answering some other questions. I find Applicant has successfully mitigated security concerns raised under Guidelines E, personal conduct, and Guideline J, criminal conduct. Clearance is granted.


Drugs

05/21/2007

Applicant began using marijuana in high school and used it daily for nine years. He reduced his marijuana use in September 1991 after a serious discussion with his father, and stopped altogether about three years ago. He did not fully disclose the frequency and duration of his marijuana use on his security clearance application and did not disclose regular use of ecstacy for a three-month period. Security concerns arising from his drug use have been mitigated, but his falsification of his security clearance application was not refuted or mitigated. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

05/21/2007

Applicant is a 44-year-old naturalized U. S. Citizen. He attended a university in the United States in 1996 and became a naturalized citizen in 2002. His children were born in the United States. He has worked for a federal contractor since 2004. His mother is a resident and citizen of Hong Kong. Recently, he destroyed his current Chinese passport in the presence of his security officer. He did not mitigate the security concerns raised by foreign influence or preference, but did mitigate those raised under personal conduct. He is barred from holding a security clearance under the ASDC Memorandum. Clearance is denied.


Financial; Personal Conduct

05/21/2007

Applicant is a 42-year-old employee of a defense contractor. He has an extensive amount of delinquent debts, including unpaid judgments, and unpaid state and federal taxes. Applicant failed to file his federal tax returns for tax years 1995 through 2001, and intentionally provided false information on a security clearance application. Clearance is denied.


Financial

05/21/2007

Applicant was discharged through a 1999 Chapter 7 bankruptcy petition of debts left over from a failed business. Since then, she has accrued about $11,000 in delinquent debt through 15 unpaid accounts and an unpaid tax bill. She has insufficient resources to pay or resolve her debts, has taken no action to do so. Nor has she demonstrated financial management skills that would prevent similar problems in the future. Accordingly, she has failed to mitigate the trustworthiness concerns about her finances. Eligibility for an ADP I/II/III position is denied.


Financial

05/21/2007

Applicant is a 46-year-old pipe fitter, who has worked for a federal contractor for the last 28 years. From 1998 to March 2006, Applicant accumulated a significant amount of debt that he resolved through three bankruptcies, two Chapter 7 bankruptcies and one Chapter 13 bankruptcy. Since March 2006, he has begun to demonstrate some financial responsibility. However, he did not mitigate the security concerns raised by financial considerations. Clearance is denied.


Foreign Influence

05/21/2007

Applicant is a 37-year-old former refugee from Iraq, working as a contract translator in support of U.S. forces in Iraq. His mother and six of his nine siblings are citizens and residents of Iraq, whom he has not informed of his presence or work in Iraq in an effort to look out for his and their safety. Their ignorance of his work does not lessen the security risks raised by their presence in an area of active anti-U.S. forces should those forces identify the relationship. Applicant did not meet his burden to overcome foreign influence security concerns. Clearance is denied.


Financial; Personal Conduct

05/21/2007

Applicant's long-standing financial difficulties, and his failure to disclose material information about his finances 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 F; Guideline E

05/21/2007

In light of the Judge's decision to give weight to Applicant's failure to explain the origins of his financial troubles and the substantial amounts of his debts, the Board concludes that even if Applicant's purported evidence of initiation of repayment of smaller debts and arrangements for the other debts had been received, it is not reasonably likely that it would have resulted in a different outcome. Adverse decision affirmed.


Guideline H; Guideline E

05/21/2007

The Record evidence supports the Judge's finding that Applicant knowingly falsified his 2000 security clearance application. Adverse decision affirmed.


Guideline E; Guideline J

05/21/2007

A credibility determination based solely on a written record is not entitled to the same deference on appeal as a credibility determination based on observation of a witness's demeanor. It is not clear from the decision or from the record why the Judge found Applicant's explanation for his false statement credible. Favorable decision remanded.


Criminal Conduct; Personal Conduct

05/21/2007

Applicant failed to mitigate criminal conduct and personal conduct security concerns arising from four drug related arrests in 1996, 2000, 2001, and 2002 resulting in convictions as recently as 2006 for which he is on probation until 2009. He failed to report all but two usages of marijuana on his SF 86 dated in 2000 on Questions 22, 24, and 27 even though he had used cocaine from 1982 to 1999. Clearance is denied.


Drugs; Alcohol; Personal Conduct

05/17/2007

The Applicant's last Drug Involvement, marijuana, is not recent, having occurred more than 16 months ago. He has also "signed [a] statement of intent with automatic revocation of clearance for any violation." When interviewed by an investigator, he was candid as to his past Drug Involvement and Alcohol Consumption. However, his continued excessive consumption of alcohol is problematic. The Applicant last consumed the intoxicant, to the point that he was under its influence, in February of 2007, only three months ago. Mitigation is not shown as to his Alcohol Consumption. Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct

05/17/2007

This 46-year-employee has a history of criminal conduct (1988-2004), drug involvement (1978-2004), and poor personal conduct, related to his falsifying his answer to a drug-related question in his 2004 Questionnaire for Positions of Trust. No mitigation has been established as to any concern. A trustworthiness determination is denied.


Guideline F; Guideline E

05/17/2007

There is a rebuttable presumption that the Judge considered all the record evidence. Trustworthiness determinations are not limited to consideration of an applicant's job performance or conduct during duty hours. Adverse decision affirmed.


Guideline H; Guideline J; Guideline E

05/17/2007

Applicant's testimony at the hearing was relevant evidence but it was not binding on the Judge. Adverse decision affirmed.


Criminal Conduct

05/14/2007

Applicant is a 52-year-old employee of a defense contractor. He was arrested in 1990, and pled guilty to manufacturing over 100 marijuana plants. He was sentenced to five years incarceration. Applicant was incarcerated for about four years in a federal prison and a minimum security work- release facility. He is rehabilitated and has mitigated any security concern arising from his prior criminal conduct. Under 10 U.S.C.  986(c)(1), 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 based solely on 10 U.S.C.  986(c)(1).


Guideline G; Guideline J; Guideline E; Guideline H

05/14/2007

The challenged findings are at most harmless error. The Judge was not bound as a matter of law to accept or reject Applicant's explanation for his failure to disclose adverse information on his standard form 85P. On this record the Judge's finding of deliberate falsification is sustainable. The Board may not consider new evidence on appeal. The favorable evidence cited by Applicant is not sufficient to demonstrate the Judge's decision is arbitrary, capricious or contrary to law. Adverse decision is affirmed.


Guideline C; Guideline B; Guideline J; Guideline E

05/14/2007

The Board concludes that the Judge's finding that Applicant severed in the Afghan military is supported by substantial evidence. In DOHA proceedings the Federal Rules of Evidence serve only as a guide. The Judge noted numerous unresolved inconsistencies between Applicant's version of events and the government's evidence. Adverse decision affirmed.


Guideline F

05/10/2007

The Judge reasonably concluded that Applicant was making a knowing and intelligent waiver of the 15 days notice requirement. Applicant has not established the Judge's conclusions are arbitrary or contrary to law. Adverse decision affirmed.


Guideline G; Guideline E

05/10/2007

The Judge's challenged statement is sustainable. In light of the record as a whole, the Judge ultimate conclusions are not arbitrary capricious or contrary to law. Adverse decision sustained.


Foreign Influence

05/09/2007

Applicant's mother and nine siblings are citizens of Morocco. One sibling is a high- ranking Moroccan government official. Applicant has strong ties of affection to these immediate family members. He maintains regular, close contact with them. Determination of Trustworthiness is denied.


Personal Conduct; Criminal Conduct

05/08/2007

In 1996, the Applicant was charged with two felonies, but found guilty of Second Degree Burglary, a misdemeanor. In 1999, this conviction was cleared from the Applicant's record. In answer to Section 23 on his September 2005 Electronic Questionnaire for Investigations Processing (e-QIP), the Applicant failed to disclose his felony charges. His attorney had advised the Applicant that he was not required to disclose the felony charges on any job applications. Were it not for this advice, he would have disclosed the felony charges. There was no wilful falsification; and as such, no violation of 18 U.S.C. Section 1001. The Applicant has the unqualified support of his superiors in the work place. Clearance is granted.


Guideline B

05/08/2007

The record evidence does not support the Judge's application of Guideline B Mitigating Condition 1. The Judge's whole person analysis is unsustainable. Favorable decision reversed.


Guideline E; Guideline J

05/08/2007

The Judge articulated a rational connection between his findings and ultimate adverse conclusion. Adverse decision affirmed.


Guideline H; Guideline E; Guideline J

05/08/2007

The Judge's adverse conclusion under Guideline H is in direct conflict with his findings of fact. However, the Judge adverse security clearance decision is sustainable on other grounds. Adverse decision affirmed.


Guideline E; Guideline K

05/08/2007

There is a rebuttable presumption that the Judge considered all the record evidence. The Judge is not required to cite or discuss every piece of evidence. On the record the Judge's findings of deliberate falsification are sustainable. Applicant is entitled to receive an SOR that places him on reasonable notice of the allegations. An SOR is not required to satisfy the strict requirements of a criminal indictment, nor does it have to allege every possible fact that may be relevant. A Favorable security clearance decision does not give an applicant the right to retain a security clearance regardless of subsequent events or changed circumstances. The appealing party must set forth claims of error with specificity. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

05/07/2007

Applicant is 40 years old and has been a security guard for a federal contractor since October 2005. She is underemployed and has been unemployed for long periods of time. She has four children and her husband is unemployed. She and her family have incurred substantial medical expenses because they have been uninsured and have had difficulty paying copayments. Applicant is saving money from her paycheck and has paid some creditors. She is setting up a repayment plan through a consumer credit counseling service. She was confused when she completed her security clearance application and unintentionally failed to list some information. Applicant has mitigated the security concerns under Guideline F, financial considerations, Guideline E, personal conduct, and Guideline J, criminal conduct. Clearance is granted.


Foreign Preference; Foreign Influence

05/07/2007

Applicant is a 26-year-old employee of a defense contractor. He holds dual U.S. and Israeli citizenship, as do his fianc‚ and all members of both of their immediate families. His sister, and his fiance's father and sisters reside in Israel. During his four visits to Israel in the eight years since he turned 18 years old, Applicant traveled using the active Israeli passport which he intends to maintain. Applicant submitted no mitigating evidence for consideration, and did not meet his burden to overcome foreign preference and foreign influence security concerns. Clearance is denied.


Drugs

05/07/2007

Security concerns are raised pertaining to Applicant's history of drug abuse to include marijuana, heroin, crystal methamphetamine, cocaine, and ecstacy. In 2003, she attended inpatient treatment and received a diagnosis of opioid dependence, cannabis dependence, and sedative abuse. She has not met her burden to mitigate the concerns raised under drug involvement. Clearance is denied.


Financial; Personal Conduct

05/07/2007

Applicant is 49 years old and has worked for a medical contractor for the federal government for two and half years. She has seventeen delinquent debts that remain unpaid. Many of the debts are years old. Applicant has not made a good faith attempt to resolve her debts. On her public trust questionnaire she failed to divulge the extent of her delinquent debts. Applicant failed to mitigate trustworthiness concerns raised under Guideline F, financial considerations, and Guideline E, personal conduct. Eligibility is denied.


Financial; Personal Conduct

05/07/2007

Applicant was discharged through a 1998 Chapter 7 bankruptcy petition of debts left over from her divorce. She later experienced other financial difficulties that resulted in three delinquent debts totaling about $14,800. Security concerns about her finances are mitigated because her debts arose through circumstances beyond her control. Applicant's omission of some of her debts from her Public Trust Position Application (SF 85P) in May 2005 was an error and not intended to be a false answer or to mislead the government. Available information is sufficient to mitigate the security concerns about her personal conduct and her finances. Eligibility for an ADP I/II/III position is granted.


Foreign Influence; Drugs; Personal Conduct

05/07/2007

Applicant is 47 years old and works as a pharmacist for a defense contractor. He has mitigated the concerns under the personal conduct and drug involvement guidelines through rehabilitation and the passage of time. He was born in Iran. He failed to mitigate security concerns arising from foreign influence due to his contact with family members who are residents and citizens of Iran. Eligibility for a trustworthiness position is denied.


Foreign preference

05/07/2007

Applicant is 55 years old and works as an instructor for a defense contractor. He was born in the U.S. He lived in Israel from 1975 until 1981 and became a citizen. He was conscripted into the Israeli army. He returned to the U.S. and retired from the U.S. military after 20 years of honorable service. He returned to Israel in 2002 and lived there until 2003.While there he voted in an election. He failed to mitigate security concerns arising from foreign preference. Clearance is denied.


Guideline J

05/07/2007

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


Financial

05/07/2007

Applicant incurred significant delinquent following her husband's loss of his well- paying job in January 2003. They sold their home to reduce monthly expenses and he has returned to work. They are slowly repaying their delinquent debts. She has mitigated the government's concerns about her finances under Guideline F. Eligibility is granted.


Guideline F

05/07/2007

The Board cannot consider new evidence on appeal. Although pro se applicants are not expected to act like lawyers, they are expected take reasonable and timely steps to preserve their rights. Adverse decision affirmed.


Security Violations

05/07/2007

Applicant is a computer systems administrator who failed to properly secure a classified storage container in September 1997, September 1999, February 2001, July 2002, and November 2002. He failed to safeguard two classified hard disk drives in his custody, and one disk was still unaccounted for as of March 2007. In August 2006, he left a TOP SECRET tape cartridge unprotected on top of a classified storage container, failing to secure it before he left the office. His multiple security violations, while unintentional, raise considerable doubts about his ability to meet his security clearance obligations. Clearance is denied.


Guideline E; Guideline J

05/07/2007

Expungement of an offense does not relieve an applicant of the responsibility to provide truthful answers, with the only exception pertaining to the Federal Controlled Substances Act. Furthermore the Federal government is not bound by state law concerning the expungement of state criminal convictions. The Federal Rules of Evidence serve only as a guide and may be relaxed by the Judge. There is a strong presumption against granting a security clearance. Adverse decision affirmed.


Financial

05/03/2007

Applicant received a Chapter 7 bankruptcy discharge in June 1990. He was unemployed while attending college from January 2000 to February 2004, and accumulated several delinquent debts that remained unresolved. In June 2005, his wife was laid off from her job, causing them to default on a home equity line of credit. To avoid foreclosure, they filed for Chapter 13 bankruptcy. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

05/03/2007

Applicant is a 42-year-old employee of a defense contractor. Applicant was in an automobile collision in 2000, which resulted in the death of the driver of another car. He was convicted of negligent manslaughter, and served more than a year in jail. When Applicant went to jail, he was unable to pay his debts. Applicant has not mitigated the financial considerations and criminal conduct security concerns. Additionally, under 10 U.S.C.  986(c)(1), 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 at least one year of incarceration. Clearance is denied.


Financial

05/03/2007

In 2000, the Applicant had in excess of $40,000 of debts discharged by way of bankruptcy. Since then, he has incurred over $19,000 in past due debts. He avers that, with the aid of his financial advisor fiancee, he will try to address these debts; but has only budgeted $200 each month to this end, with little progress. These Financial Considerations are still of security significance; and as such, mitigation has not been shown. Clearance in denied.


Financial; Personal Conduct

05/03/2007

Applicant incurred old, delinquent debt during her marriage. Much of the unpaid debt identified as a potential problem resulted from her estranged husband's financial decisions after they separated and the remainder from her inability to work for several years while caring for a seriously ill small child. With the exception of $800, her old debt is barred from collection by the statute of limitations. She has mitigated the government's concerns about her finances. The government did not establish that she intentionally falsified her answers when completing her questionnaire for a position of public trust. Eligibility is granted.


Financial

05/03/2007

Applicant is 41 years old and has worked as a librarian for a federal contractor since January 2005. She has a delinquent debt dating back to 1995 and others that were charged off in 2001 and 2004. Applicant has not contacted the creditor on her largest debt of over $22,000. She has contacted other creditors and negotiated payment plans but did not provide proof that she has actually made any payments. Applicant received $18,000 in severance pay when she was honorably discharged from the Army in 2004. She did not use the money to repay her debts, and none of the severance pay remains. Applicant failed to mitigate the security concerns raised under Guideline F, financial considerations. Clearance is denied.


Personal Conduct

05/03/2007

Applicant has a history of four minor infractions/incidents which in all likelihood would not have led to a security clearance denial. However, he was not forthcoming about these incidents on four separate occasions during the application process when he initially submitted a security clearance application in March 2003, and reaffirmed in September 2003 and again in February 2004, and when submitted a second security application in October 2005. Applicant failed to mitigate the security concerns arising from his falsifications. Clearance is denied.


Personal Conduct; Criminal Conduct

05/03/2007

Applicant, a 60-year-old engineer who has held a security clearance for 40 years and who has worked for several defense contractors, mitigated security concerns arising from his termination from his former employment for misuse of a company credit card while purchasing tools and other equipment for installation kits for use by teams of his engineering staff. His explanation and rationale for his actions was sufficient to explain and provide a correct analysis of the concerns expressed in a human resources staff report that led to his termination. Clearance is granted.


Criminal Conduct; Personal Conduct

05/03/2007

Applicant failed to mitigate security concerns about his arrest record and his deliberate falsification of his Application for a Position of Trust (SF 85P). Eligibility for an ADP I/II/III position is denied.


Criminal Conduct; Drugs; Personal Conduct

05/03/2007

Applicant is 26 years old and has worked as a repair technician for a federal contractor since December 2004. He has a history of criminal conduct and drug use. He no longer uses drugs and does not intend to in the future. He falsified information on his security clearance application. Applicant mitigated the security concerns raised under Guideline H, drug involvement, but failed to mitigate the security concerns raised under Guideline J, criminal conduct, and Guideline E, personal conduct. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

05/03/2007

Applicant has a close relationship with his father and mother, who are citizens and residents of Iran. The evidence establishes that Applicant is vulnerable to Foreign Influence. Although he applied for and was issued an Iranian passport, after he became a United States citizen, he never used the Iranian passport, and he has now destroyed it and indicated a willingness to renounce his Iranian citizenship. Applicant's failure to give complete information to the Government in a Security Clearance Application (SCA) was due to a misunderstanding, not an attempt to mislead the Government. Based on the Foreign Influence concerns, mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/03/2007

Applicant is 30 years old, and a licensed pharmacist. She became addicted to vicodin and oxycodine after initially taking dentist prescribed vicodin for a dental condition. During that time she was a pharmacy manager with access to controlled substances. For 16 months she took from her employer's stocks these medicines 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. The DOHA Appeal Board remanded the case to consider a document Applicant submitted. She did not mitigate the drug involvement, personal and criminal conduct trustworthiness concerns. Her eligibility for assignment to sensitive positions is denied.


Foreign Influence

05/03/2007

Applicant is a retired U.S. soldier employed by a defense contractor. He is married to a citizen of the Republic of Korea (ROK) who resides with him in the U.S. His wife's mother is dead. His wife has had no contact with her father for 23 years. She has two brothers living in the ROK, but she has not had contact with one of them for ten years. Her other brother, with whom she talks once or twice a month, owns and operates a taxi in the ROK. Applicant had only two visits with this brother. Applicant previously maintained casual and infrequent contacts with two former foreign military associates, but has had no contact with them for several years. Security concerns based on foreign influence have been mitigated. Clearance is granted.


Alcohol; Criminal Conduct

04/30/2007

Applicant, who is 28 years old, has a history of consuming alcohol to excess and to the point of intoxication, and his criminal history raises doubts about his judgment, reliability, and trustworthiness. He failed to mitigate security concerns under Guideline G, Alcohol Consumption, and Guideline J, Criminal Conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

04/30/2007

Applicant is a 63-year-old chief financial officer and partner with a business that contracts with the federal government. He had a series of financial problems that arose in 1999-2000. He accumulated over $100,000 of delinquent debts that remain unpaid. He decided to stop paying some of his debts. He intentionally failed to list, on his security clearance application, that he had any debts in the past seven years that were over 180 days delinquent. Applicant failed to mitigate the security concerns raised under Guideline F, financial considerations, Guideline E, personal conduct, and Guideline J, criminal conduct. Clearance is denied.


Foreign Preference

04/30/2007

Applicant is 26 years old and works for a defense contractor. She was born in France to a French mother and an American father. She has dual citizenship with France and does not wish to renounce it because she does not want to preclude her child from any future educational benefits. She failed to mitigate security concerns arising from foreign preference. Eligibility for a trustworthiness position is denied.


Financial

04/30/2007

Applicant is 41 years old and has worked as a health care finder for a medical contractor with the federal government. She and her husband had delinquent debts discharged in bankruptcy in 1996. They continue to have financial problems and have over $65,000 in unresolved delinquent debts. She has paid one debt, but the largest remain. Applicant failed to mitigate the financial considerations concerns under Guideline F. Eligibility is denied


Financial

04/30/2007

Applicant is a 44-year-old systems administrator and has been employed by a defense contractor since December 2005. He has two outstanding judgments totaling approximately $20,082. He has not filed federal income tax returns for tax years 1994 to 2005. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Criminal Conduct; Financial

04/30/2007

Applicant was arrested on multiple occasions between 1980 and 2003 for assorted offenses and convicted in connection with five of his arrests, including a 2003 felony conviction for altering a prescription form. Applicant's actions represent a pattern of criminal conduct for which too little time has elapsed to mitigate security concerns. Additional security concerns are raised by Applicant's history of delinquent debts, which he accumulated prior to his current marriage in 2005. Applicant has not addressed his debts to date and has no plans to do so while his job status remains uncertain. Based on his debt accumulations and lack of tangible progress in addressing them, he fails to mitigate financial concerns. Clearance is denied.


Alcohol

04/30/2007

Applicant is 36 years old and has been employed as a help desk manager for a defense contractor since August 2004. Between 1988 and 2004, he had five infractions for either driving while intoxicated or being drunk in public. At least once a year from 1989-2005, he has driven while impaired or intoxicated from alcohol. He moderated his drinking behavior in December 2005. Although he has taken credible and responsible steps to avoid further alcohol-related issues, he will, more likely than not, consume alcohol to excess in the future. Applicant has not mitigated the alcohol consumption security concerns. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

04/30/2007

Applicant, a single parent, obtained credit cards to purchase merchandise and incurred medical bills while a college student. She then ignored payment of her bills. She has matured since her college graduation six years ago. In the last year, she assumed responsibility for payment of her delinquent debt. She has systematically paid her debts, one or two at a time. She did not intentionally falsify her answers on her SF-85P. She has mitigated the government's concerns regarding her finances. The government did not establish its case under Guidelines E and J. Eligibility is granted.


Criminal Conduct; Personal Conduct; Financial

04/30/2007

Applicant has a history of criminal activity and a history of failing to meet his financial obligations. As of the date of his hearing, he had 12 accounts, owing approximately $22,300, that have been delinquent for many years. His evidence is insufficient to show he has a track record of financial responsibility. Furthermore, he deliberately falsified his security clearance application. Clearance is denied.


Alcohol; Personal Conduct

04/30/2007

Applicant is a 40-year-old employee of a defense contractor. He was arrested for driving under the influence of alcohol (DUI), and possession of cocaine in 1995, and pled guilty to DUI. He voluntarily entered an alcohol treatment program in 2002. Applicant continues to drink alcohol, but only in moderation. Applicant did not falsify his security questionnaire. Clearance is granted.


Financial

04/30/2007

Applicant has a history of financial problems, which includes a delinquent student loan. She did not present sufficient evidence to mitigate the financial considerations concern. Eligibility is denied.


Financial; Personal Conduct

04/30/2007

Applicant incurred significant, unpaid debt when she used credit cards to finance medical treatment for her uninsured, alcoholic husband. She often works two jobs, which pay her a modest income. She lives within her financial means. She has mitigated the government's concerns about her finances under the whole person concept as her unpaid debt belongs to her estranged husband. The government did not establish that she intentionally falsified her answers on her SF-85P. Eligibility for a position of trust is granted.


Financial

04/30/2007

Applicant has significant old and unpaid debts. Her estranged husband is addicted to painkillers and cocaine. About five years ago, he began systemically taking her income to pay for his drug addict. They separated in March 2003, but are not divorced because his whereabouts are unknown. His actions left little money to pay bills. Her income pays her monthly expenses, but does not provide her with money to repay her old debts, most of which are time barred from collection. She currently helps care for her elderly father. She is current in her bills and has not acquired more unpaid debt in more than two years. She has maintained steady employment for eight years. She has mitigated the government's financial concerns. Eligibility for a position of trust is granted.


Foreign Influence; Foreign Preference

04/30/2007

Applicant is a 51-year-old employee of a defense contractor. She was born in Taiwan, came to the U.S. to further her education in 1979, and became a U.S. citizen in 1993. Applicant has applied to formally renounce her Taiwanese citizenship. Applicant has mitigated the foreign influence concerns raised by her elderly mother in Taiwan. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

04/30/2007

In 2003, while in the process of filing for Chapter 7 bankruptcy, Applicant concealed her employment status, several financial transactions, and more than $130,000 of assets from the bankruptcy court. Subsequently the trustee filed a lawsuit against her, which is still pending. These issues raise security concerns that Applicant failed to mitigate. Clearance is denied.


Financial

04/30/2007

Applicant, a 14 year employee of a major defense contractor with 26 year of Navy service, mitigated security concerns relating to delinquent debts by showing that three delinquent debts which raised security concerns are being resolved through regular payment to the creditors, including the IRS for delinquent taxes. Applicant's career history and credible testimony justified application of mitigating conditions and whole person analysis. Clearance is granted.


Financial; Personal Conduct

04/30/2007

Applicant is a 47-year-old communications analyst employed by a defense contractor. He had over $36,000 in unpaid debts listed in the Statement of Reasons (SOR). He only provided proof of payment of an $81 debt. Despite being given an additional three weeks to submit documentary evidence to corroborate his testimony, he provided nothing. He falsified two questions on a security clearance questionnaire. He failed to mitigate the security concerns about financial considerations and personal conduct. Clearance is denied.


Financial, Alcohol; Criminal Conduct; Personal Conduct

04/30/2007

Applicant failed to mitigate security concerns under the Financial Considerations, Alcohol Consumption, Criminal Conduct, and Personal Conduct Guidelines of the Directive. Clearance is denied.


Alcohol; Financial; Personal Conduct; Criminal Conduct

04/30/2007

Applicant failed to mitigate security concerns about her use of alcohol, two alcohol-related arrests, her financial problems, and her deliberate falsification of her Application for a Position of Trust (SF 85P). Eligibility for an ADP I/II/III position is denied.


Financial; Personal Conduct

04/30/2007

Applicant has a history of failing to meet his financial obligations dating back to 2001. As of the date of his hearing, he had four accounts, owing approximately $5,000 that have been delinquent for many years. His financial problems were, to a limited extent, the result of circumstances beyond his control. Notwithstanding, Applicant's evidence is insufficient to show he has a track record of financial responsibility. More importantly, he deliberately falsified his security clearance application. Clearance is denied.


Personal Conduct; Criminal Conduct

04/30/2007

In October 2001, Applicant was terminated from his job for misusing the employer's credit card, and for poor performance as communicated by a customer. His subsequent denials (1) that he was terminated for misuse of his employer's credit card in October 2001, (2) that he deliberately omitted information in June 2004 from his security form and from his May 2005 interview concerning the reasons for his termination, (3) that he deliberately concealed the check deception charges from his security from in June 2004, and (4) that he still contends he did not conceal anything, establish adverse findings under the personal conduct and criminal conduct guidelines that have not been mitigated. Clearance is denied.


Criminal Conduct; Sexual Behavior; Personal Conduct

04/30/2007

Applicant is 52 years old, married with two children, retired from military service, and works for a defense contractor. He has two court actions against him dating back to 1979 for theft, and indecent assault in the military in 1999. He deliberately failed to disclose his Chapter 7 bankruptcy, a large delinquent debt, and his 1979 felony arrest on his security clearance application. He failed to mitigate the criminal conduct, sexual behavior, and personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

04/30/2007

Applicant's delay in filing his federal tax returns and developing a plan to pay $40,000 in delinquent federal tax debts established security concerns under both financial considerations and personal conduct. Even after receiving the Statement of Reasons (SOR), he failed to begin a good- faith effort to resolve his tax debts with the Internal Revenue Service (IRS). Notably, he has had a stable and well-paying job in the private sector since 1995. While he states an intent to resolve the tax debts, he has established no formal plan to do so. Applicant did mitigate concerns over his other debts which he paid and established he had no intent to falsify his security questionnaires. Overall, concerns over financial issues and personal conduct persist. Clearance is denied.


Foreign Influence; Foreign Preference, Personal Conduct

04/30/2007

Applicant mitigated foreign preference concerns as she relinquished her expired foreign passport. Under a whole person analysis she also mitigated foreign influence security concerns over her bonds to her father who is a citizen of Iran and resides there. Applicant has strong ties to the U.S. She was born in the U.S., resided in the U.S. as a child and during her high school and college years. Her work and professional ties are exclusively in the U.S. Applicant's assurances that she would contact appropriate U.S. officials if any foreign influence pressure were to be attempted are credible. Her supervisors and others praise her exemplary work as well as her loyalty and trustworthiness. She had no intent to willfully falsify by an omission on her security clearance application, so personal conduct concerns not longer continue. Clearance is granted.


Financial

04/30/2007

Applicant is a 31-year-old supervisor employed by a federal contractor. He waited until a month before the hearing to file bankruptcy as a means of resolving indebtedness. He has a substantial non-dischargeable student loan debt and his plan is to continue going to school as long as he can, to avoid repayment. He did not successfully mitigate security concerns about financial considerations. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

04/30/2007

Applicant is 42 years old, and since June 2003, he has been a field engineer for a defense contractor. Between 1986 and 2005, he had four infractions for either driving while intoxicated or driving recklessly. In 2005, he moderated his drinking behavior and has periods when he no longer consumes alcohol. Although he has taken credible and responsible steps to avoid further alcohol- related driving issues, he will, more likely than not, consume alcohol to excess in the future since he has not abstained from drinking alcohol. Applicant has not mitigated the criminal conduct, alcohol consumption, and personal conduct security concerns. Clearance is denied.


Criminal Conduct

04/30/2007

Applicant is a 34-year-old engineering technician with a federal contractor. In 2003, he was arrested and charged with second-degree assault, two counts of malicious property damage, and carrying a concealed weapon. He was found guilty of these three counts. He was sentenced to 18 months confinement for each count. He was ordered to pay $1,500 costs and fees of $55, and ordered to complete an anger management program. After approximately 3 months of incarceration, execution of sentence was suspended and he was placed on 24 months supervised probation. He successfully completed both a 26-week anger management program and his probation He successfully mitigated the security concerns about criminal conduct. Clearance is granted.


Foreign Influence; Foreign Preference

04/30/2007

Forty-four year old Applicant, who immigrated to the U.S. from Egypt in 1986, and became a naturalized U.S. citizen, resides in the U.S. with his Egyptian-born U.S. citizen wife and four U.S. born minor children. He has spent the last 21 years in the U.S. and is a loyal and dedicated U.S. citizen. Given the mitigating evidence submitted, and under the "whole person" concept, Applicant has mitigated security concerns pertaining to foreign preference and foreign influence because of his strong connections to the U.S. Under the specific facts in evidence, the government's security concerns have been mitigated. Clearance is granted.


Sexual Behavior; Personal Conduct

04/30/2007

Applicant is 42 years old and has been employed as a senior engineer for a defense contractor since July 2000. In 1993, while working overseas in the military, he sexually molested his 12-year-old stepdaughter on at least eight occasions during a three- to four-month period. When questioned about his sexually deviant behavior, he denied the allegations. He deliberately falsified material facts in two different security clearance applications. In 2003, he lost access to Sensitive Compartment Information as a result of the molestation incident. Applicant has not mitigated the sexual behavior and personal conduct security concerns. Clearance is denied.


Criminal Conduct

04/30/2007

Applicant is a 56-year-old program manager who lost employment with a defense contractor when he was denied access to classified information. Applicant committed lewd acts on his young step-daughter over approximately an 18 month period in violation of state law. Clearance is denied.


Foreign Preference; Personal Conduct

04/27/2007

Applicant is a 45-year-old employee of a defense contractor. Applicant was born in Switzerland. She came to the U.S. in 1984, and became a U.S. citizen in 1995. Applicant maintained dual citizenship, and possesses a valid current Swiss passport. She did not falsify a statement to a government investigator or on her security questionnaire, because she was unaware at the time that her mother in Switzerland maintained a small savings account on her behalf. Applicant has mitigated the personal conduct security concerns, but has not mitigated the security concerns based on her foreign preference. Clearance is denied.


Financial

04/27/2007

Applicant and her husband incurred significant unpaid credit card debt in 1998 and 1999. Her husband sustained disabling injuries in two separate automobile accidents, which impacted his ability to obtain and maintain steady employment. In the last 10 years, Applicant always worked. At times, only her income paid the bills. She continues to timely pay her bills, has paid several delinquent bills, and initiated payment plans for all but one long delinquent debt barred from collection under state law. She has mitigated the government's security concerns regarding her finances. Clearance is granted


Financial; Personal Conduct

04/27/2007

Applicant has approximately 32 delinquent debts, an approximate total of $33,433. A Chapter 13 bankruptcy filed in January 2001 was dismissed in May 2004 for failure to make plan payments. Applicant's debts are caused, in part, by a lack of medical insurance, periods of unemployment, and her husband's inability to work. Personal conduct concerns were mitigated because Applicant's failure to list all of her delinquent debt on her trustworthiness application was not material in that she listed her Chapter 13 bankruptcy, putting the government on notice of her financial problems. She failed to mitigate the trustworthiness concerns raised under financial considerations since she provided no plan as to how she was going to resolve her delinquent debts. Applicant's eligibility for assignment to a sensitive position is denied.


Criminal Conduct; Personal Conduct; Foreign Influence

04/27/2007

Applicant is a 36-year-old employee of a defense contractor. She shoplifted on numerous occasions between 1994 and 2000. She has not shoplifted or been arrested since 2000. Applicant established proof of rehabilitation. She has minimal contact with extended family members in Iran. Applicant has mitigated the security concerns based on her criminal conduct, personal conduct, and foreign influence. Clearance is granted.


Financial

04/27/2007

Applicant mitigated financial security concerns relating to delinquent debts arising from family debts incurred in 2002 and 2003 by completion of bankruptcy proceedings in 2006. He has re-financed a motorcycle debt on which he is making regular payment. All other debts have been satisfied. Applicant has held a security clearance for nearly 30 years both as a civilian and during 18 years of active duty in the Navy without incident. Clearance is granted.


Alcohol; Drugs; Financial

04/27/2007

Applicant has drunk-driving convictions in 1989 and 2005, and he continues to drink alcohol. He has a history of financial problems, including a defaulted student loan. He has not presented sufficient information to explain, extenuate, or mitigate the combined effect of the alcohol consumption and financial considerations security concerns. Clearance is denied.


Financial; Personal Conduct

04/27/2007

Applicant is 49 years old and employed by a defense contractor as a systems analyst. She has delinquent debt totaling over $54,000. The largest debt is for $42,000 for the remainder on a repossessed mobile home. She presented no information concerning payments or attempts to pay the delinquent debts. She listed only one debt as past due over 180 days in response to a question on her position of public trust application. Applicant has not mitigated security concerns for financial considerations and personal conduct. Eligibility is denied.


Guideline F; Guideline J

04/27/2007

The Board may not consider new evidence on appeal. Adverse decision affirmed.


Guideline H; Guideline J; Guideline E

04/27/2007

The Board need not address Applicant's factual explanation for conduct which was resolved in Applicant's favor and not appealed by Department Counsel. An applicant's conduct maybe alleged under more than one guideline. In this case, it there is a rational basis for alleging Applicant's drug use under both Guideline E and Guideline H. Adverse decision affirmed.


Guideline G

04/27/2007

There was no error in the Judge finding that Applicant's resumed drinking, albeit moderate, is against clinical advice nor in her unfavorable conclusion which follow. Adverse decision affirmed.


Guideline F

04/27/2007

The favorable evidence cited by Applicant is not enough to demonstrate that the Judge erred. Adverse decision affirmed.


Guideline K; Guideline M; Guideline E

04/27/2007

The challenged statements in the Judge's decision constitute harmless error. The Board has repeatedly declined to adopt a hard and fast definition of recency. Nor is the Board persuaded that Applicant's decision to give his son access to a government computer is mitigated because Applicant did not know what his son intended to do with that access. Adverse decision affirmed.


Financial; Personal Conduct

04/26/2007

Applicant's long-standing financial difficulties preclude a finding that it is clearly consistent with the national interest to grant him access to classified information. Clearance is denied.


Drugs

04/24/2007

Applicant is a 27-year-old research assistant employed by a government contractor. She failed to mitigate the overall lack of judgment, reliability, and ability or willingness to comply with laws, rules, and regulations raised by her history of abusing controlled substances. Clearance is denied.


Foreign Preference

04/24/2007

Applicant exercises dual citizenship with Poland and the United States. He possesses an active Polish passport with an expiration date of 2012, and he used his Polish passport to enter Poland after becoming a U.S. citizen in 2005. Applicant and his wife own an apartment in Poland, and he receives monthly retirement benefits from the Polish government. Applicant failed to mitigate security concerns under Guideline C, Foreign Preference. Clearance is denied.


Financial

04/24/2007

Applicant's former boyfriend, a con-man, stole her identity by obtaining credit cards in her name. He charged thousands of dollars on these accounts. She successfully challenged the legitimacy of several debts and paid the remaining debts. She has mitigated the government's concerns under Guideline F about her trustworthiness. Eligibility for a public trust position is granted.


Financial; Personal Conduct

04/24/2007

Applicant is 32 years old and has worked for a medical contractor for the federal government since 2004. He is married, but separated since 2004. He has one biological child and a stepchild. As a joint owner on accounts with his wife they incurred significant delinquent debts that remain unpaid. He recently contracted with an agency to consolidate his debts, but no actual plan had been instituted and no payments had been made. On his trustworthiness application Applicant failed to list that he had any debts over 180 days, despite some of his debts going to collection in 1999, 2000 and 2003. His explanation was not credible. Applicant failed to mitigate the trustworthiness concerns under Guidelines F and E. Eligibility is denied.


Financial; Personal Conduct

04/24/2007

Applicant is 26 years old and works for a federal contractor. He has a significant amount of delinquent debt that began accumulating in 1999 and remains unresolved. When he completed his security clearance application, he failed to disclose all of 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.


Financial

04/24/2007

Applicant is 63 years old and has worked for a medical contractor for the federal government since 2004. She has numerous delinquent debts, mostly from credit cards. She is waiting for some of these debts to drop from her credit report. She has not paid most of the debts alleged in the SOR. Although she has had some difficulties in her life, she has failed to be fiscally responsible. Applicant failed to mitigate the trustworthiness concerns raised under financial considerations. Eligibility is denied.


Financial

04/24/2007

Applicant is a claims resolution processor for a government funded health care management company. She is married and 51 years old, with four adult children. She and her husband operated a small business in the 1990s providing psychological services that succumbed to government funding reductions and competition from larger providers. Applicant's delinquent debts resulted from the failure of that business. She mitigated the financial considerations trustworthiness concerns. Eligibility for an ADP I/II/III position is granted.


Financial

04/24/2007

Applicant has 12 unpaid, old debts. Eleven of the twelve Statement Of Reasons (SOR) debts are time-barred and not legally collectible. Four debts were not established and two debts are duplicates. Her debts occurred when she missed work following surgery and nonpayment of wages. She has worked for her employer for 18 years without any violations of company rules and policies. She pays her regular bills in a timely fashion, raises her godson, and complies with the law. She has mitigated the government's concerns under Guideline F. Eligibility fora public trust position is granted.


Financial; Personal Conduct

04/24/2007

Applicant accrued $12,402 in delinquent debts through nine unpaid consumer accounts. She also failed to disclose her debts more than 180 days past due as required by question 20 of a Public Trust Position Application (SF 85P) she submitted in December 2004. Her omission of her debts from the SF 85P was not intended to be a false answer or to mislead the government. Her debts resulted from her divorce in 2001, and she has not experienced any delinquencies since. Available information is sufficient to mitigate the security concerns about her personal conduct and her finances. Eligibility for an ADP I/II/III position is granted.


Guideline J

04/24/2007

The Appeal Board does not have authority to recommend that Applicant be granted a waiver under 10 USC 986. Adverse decision affirmed.


Security Violations; Personal Conduct

04/24/2007

Applicant is a theoretical researcher for a defense contractor. In an 18 month period from June 2002 to March 2004, she had five security violations. The violations were mostly minor and due to inadvertence. Two violations involved a failure to properly spin a safe dial lock so the lock engaged. One violation was leaving documents unattended in a kitchen area in a secure facility. Another violation was Applicant's failure to set a room alarm because Applicant believed another person was still in the room. The other violation was a failure to properly engage a room alarm that Applicant believed she had set. Applicant at all times, and since the incidents, has shown a positive attitude towards security rules and procedures. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

04/24/2007

Applicant's history of drug use and arrests, in tandem with his falsification of a 2004 security clearance application, generates a security concern which he failed to mitigate. Clearance is denied.


Guideline C; Guideline B

04/24/2007

There is a rebuttable presumption that a Judge is impartial and unbiased a party seeking to rebut that presumption has a heavy burden. The Judge's challenged credibility determination is predicated on her findings which are supported by substantial record evidence. Adverse decision affirmed.


Foreign Influence

04/24/2007

Forty-nine year old Applicant, who immigrated to the U.S. from Iran in 1975, and became a naturalized U.S. citizen, resides in the U.S. with his Iranian-born U.S. citizen wife and two native- born children. He has spent the last 32 years in the U.S. and is a loyal and dedicated U.S. citizen. Given the mitigating evidence submitted, and under the "whole person" concept, Applicant has mitigated security concerns pertaining to foreign influence because of his strong connections to the U.S. Under the specific facts in evidence, the government's security concerns have been mitigated. Clearance is granted.


Financial; Drugs; Personal Conduct

04/24/2007

Applicant is 29 years old, married but separated, and living with her current unemployed boyfriend. She owes 12 delinquent debts totaling about $29,000, used marijuana from 1995 to 2004, and was discharged from four jobs between 1998 and 2002. She mitigated the drug involvement, and personal conduct trustworthiness concerns. She did not mitigate the financial considerations trustworthiness concern. Eligibility for an ADP I/II/III position is denied.


Foreign Influence

04/20/2007

Applicant is a native of the Republic of China (Taiwan) who became a naturalized United States citizen in October 1984. He has held a secret-level security clearance since March 1997 for his duties as a principal engineer for a defense contractor. Undue foreign influence concerns exist because his close family members are resident citizens of Taiwan and his spouse is a part owner of a condominium in Taiwan. Clearance is denied.


Drugs; Criminal Conduct

04/20/2007

Applicant used marijuana at varying frequency from 1994 to early January 2005. Before ending his marijuana use in 2005, he began his unprescribed use of hydro-codeine in January 2004, and use hydro-codeine until June 2005. His unsubstantiated evidence in mitigation does not overcome his history of drug use under the drug involvement guideline. Though his handgun charge was cancelled in August 2005, his failure to adequately explain why he had the gun in his automobile precludes him from mitigating the pattern of criminal behavior under the criminal conduct guideline. Clearance is denied.


Financial

04/20/2007

Applicant is a highly regarded customer service representative for a defense contractor who accumulated a number of delinquent debts during a brief period of unemployment, ensuing surgery and tightened finances associated with her shortage of funds. With barely enough income to support her child and herself, she has made little progress in paying her old acknowledged debts, many of which are apparently barred by applicable statutes of limitation. While she claims debt counseling in her FORM submission, she failed to document or explain the counseling and repayment efforts she has committed to. Although she is regarded as reliable and trustworthy by her friends and colleagues, it is too soon to determine whether she will be able to make any material progress in addressing her delinquent debts. Eligibility for an ADP I/II/III position is denied.


Criminal Conduct; Financial; Personal Conduct

04/20/2007

When he executed and signed a Questionnaire for Public Trust Positions (SF-85P) in August 2004, Applicant deliberately falsified his answer to Question 20 by denying that in the past seven years he had been arrested, charged with, or convicted of any offenses when, in fact, he had been arrested and charged with drawing and uttering fraudulent checks, and he was convicted of one count of drawing and uttering a fraudulent check in June 2004. He also deliberately falsified his answer to Question 22b on the SF-85P by denying he was over 180 days past due on any debts. Applicant failed to mitigate security concerns under the Criminal Conduct, Financial Considerations, and Personal Conduct Guidelines. Eligibility is denied.


Financial; Personal Conduct

04/20/2007

Applicant's recurrent financial difficulties that precipitated the filing of a second bankruptcy in 2005 generate a security concern. Since incurring the debts that precipitated the bankruptcy, she has obtained a steady, well-paying job that has enabled her to make payments toward the satisfaction of her outstanding delinquencies through a Chapter 13 payment plan without interruption for the past 18 months, while comfortably managing her other monthly expenses. She has mitigated the security concern. Clearance is granted.


Foreign Preference; Foreign Influence

04/20/2007

Applicant is a 56-year-old naturalized U. S. Citizen, who has resided in the United States since 1975. He became a naturalized citizen in 1991. His children were born in the United States. He has worked as a computer engineer for federal contractors since 1998. His elderly parents, three siblings, father-in-law, and brother-in-law are residents and citizens of Taiwan. In 2001, he used his Taiwanese passport to visit Taiwan. The passport expired in 2003 and he has not renewed it. He mitigated the security concerns raised by foreign influence and foreign preference. Clearance is granted.


Personal Conduct; Criminal Conduct

04/20/2007

Applicant is a 28-year-old employee of a defense contractor. He violated rules and regulations by accessing adult web sites on a government computer. Applicant intentionally provided false information in a statement to a government investigator when he denied that he had accessed the adult web sites. Clearance is denied.


Guideline E

04/19/2007

Department Counsel bears the burden of proving controverted SOR allegations by substantial evidence. The Judge was bound to consider Applicant's version of events but the Judge is not bound as a matter of law to accept or reject Applicant's explanation. Guideline E, Mitigating Condition 2 is properly used in a case where the falsification is old and the applicant subsequently provides correct information to the government about other matters not covered by the old falsification. Adverse decision affirmed.


Guideline C; Guideline B

04/19/2007

An applicant with immediate family members living in a country hostile to the United States has a heavy burden. Applicant Iranian family have previously been targeted for coercion and exploitation. The Judge's conclusions do not follow from his own findings. Favorable decision reversed.


Guideline E

04/19/2007

The Judge's challenged findings are supported by substantial evidence. The Judge's favorable findings on some allegations are not inconsistent with the Judge's ultimate adverse decision. Adverse decision affirmed.


Guideline F; Guideline E

04/19/2007

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


Drugs; Criminal Conduct; Personal Conduct

04/18/2007

The Applicant's Drug Involvement is not recent. He last used marijuana in 1997, about ten years ago. He "got religion," turned his life around, and has no intention of marijuana in the future. The Applicant's one and only conviction for Promoting Contraband in the 1st Degree - Class C Felony, occurred nearly 20 years ago in 1988. This conviction was "set aside" by a court order in 1990. As a result, the Applicant thought he did no have to disclose this conviction in answer to question 23.a. on his November 2005 Electronic Questionnaires for Investigations Processing (e- QIP). As his last marijuana usage occurred in 1997, he did not disclose this Drug Involvement in answer to question 24.a. on his e-QIP. Mitigation is shown. Clearance is granted.


Financial

04/17/2007

Applicant has a history of financial problems, which includes more than $14,000 in delinquent student loans. She did not present sufficient evidence to mitigate the financial considerations concern. Eligibility is denied.


Criminal Conduct; Alcohol

04/17/2007

The Applicant had a serious alcohol abuse problem for many years, which eventually resulted in his being arrested for driving under the influence three times between 1992 and 2003. After the last arrest, the Applicant admitted that he was an alcoholic, totally abstained from alcohol for almost four years, attended alcohol treatment, established a church-based support network, and evinces a credible intent not to use alcohol in the future. Adverse inference is overcome. Clearance is granted.


Drugs; Personal Conduct

04/17/2007

Applicant mitigated security concerns over her drug abuse as her marijuana use was not recent and ended in July 2005; she established she has no intent for future use. Overall Applicant demonstrated good conduct in disclosing fully her prior marijuana use in her 2005 security clearance application. While the Government raised concerns over her troublesome conduct in her 2006 interview, she cooperating for the majority of the two-hour interview and voluntarily disclosed significant adverse information about her use of marijuana and her subsequent use in July 2005. When the investigator raised new questions at the end, I conclude Applicant misunderstood and did not terminate the interview. Clearance is granted.


Financial

04/17/2007

Applicant's background investigation revealed 32 delinquent debts, an approximate total of $10,225. Most of the accounts were delinquent medical bills. She recently paid off each debt from the funds received from a settlement related to an accident involving her husband. Her good faith efforts to pay off her debts mitigates the security concern under financial considerations. Clearance is granted.


Financial; Personal Conduct

04/17/2007

Applicant has a history of failing to meet her financial obligations dating back to the late 1990s. As of the date she answered the SOR, she had 10 accounts, totaling approximately $20,676 that have been delinquent for many years. Applicant's evidence is insufficient to show she is in control of her finances, is not overextended, and that she has a track record of financial responsibility. Furthermore, she deliberately falsified her application for a public trust position. Eligibility for assignment to public-trust position is denied.


Alcohol; Personal Conduct

04/17/2007

Applicant is 47 years old and is employed as a sheet metal worker for a defense contractor. Applicant did not intentionally falsify his 2005 security clearance. He misunderstood the question, and therefore, he mitigated the Personal Conduct concerns. Although he has a history of alcohol- related arrests and has attended court-ordered classes, he has continued to consume alcohol, at times to intoxication, from approximately 1983 to at least 2002. Applicant's failure to mitigate his excessive alcohol consumption raises security concerns. Clearance is denied.


Financial; Personal Conduct

04/17/2007

Applicant has a history of failing to meet his financial obligations dating back to 1999. As of the date of his hearing, he had nine accounts, owing approximately $21,315 that have been delinquent for many years. His financial problems were, to a limited extent, the result of circumstances beyond his control, and he made some last minute efforts to resolve them. Notwithstanding, Applicant's evidence is insufficient to show he is in control of his finances, he lacks a track record of financial responsibility, and his financial problems may be a concern in the future. More importantly, he deliberately falsified his security clearance application. Clearance is denied.


Financial

04/17/2007

Applicant has had financial problems since she separated from her first husband. A November 2001 bankruptcy filing listing liabilities of $36,723.47 was dismissed in October 2002 because of foreclosure proceedings on her mobile home. Financial considerations concerns are not mitigated where she owes more than $40,000 in delinquent debt and has not yet shown that she can live within her means. It is not clearly consistent with the national interest to grant her a position of public trust.


Financial; Personal Conduct

04/17/2007

Applicant is a 36-year-old single female that incurred numerous debts that are delinquent. When she moved from one state to another state she did not leave a forwarding address for her creditors. Since receiving the statement of reasons, she has contacted some creditors and paid two creditors. She failed to provide corroborating documentation on claims she set up payment plans and that her mother was to make payments when she moved. Applicant failed to list she had delinquent debts on her trustworthiness application. Her explanation was not credible. Applicant failed to mitigate the trustworthiness concerns raised by financial considerations and personal conduct. Eligibility is denied.


Guideline F

04/16/2007

There is a rebuttable presumption that a judge is impartial and unbiased and a party seeking to rebut that presumption has a heavy burden of persuasion. The Judge's material findings are sustainable. Adverse decision affirmed.


Guideline F

04/16/2007

The Appeal Board does not review cases de novo. Adverse decision affirmed.


Guideline F

04/16/2007

An applicant's need for a security clearance to his job is not material to the evaluation of his security suitability. Adverse decision affirmed.


Financial; Criminal Conduct

04/12/2007

The Applicant has either paid, or is in the process of addressing, all of his admitted past due debts. He has sold his house; and as a result, has $100,000 in the bank to address the remaining $10,000 of debt. The Applicant has also made arrangements to have his financial status professionally monitored. His financial difficulties stemmed from conditions largely beyond his control, an unexpected medical emergency and a resulting period of unemployment. Under Criminal Conduct, the Applicant pled no contest to Driving Under the Influence of Alcohol (DUI) in 2004, more than two years ago. The Applicant has the unqualified support of those who know him, and is a Reserve Deputy Sheriff. Mitigation is shown. Clearance is granted.


Guideline F; Guideline E; Guideline J

04/12/2007

Applicant's statements about his state of mind are relevant evidence but not binding on the Judge. The application of disqualifying and mitigating conditions requires the exercise of sound discretion in light of the record evidence as a whole. Adverse decision affirmed.


Guideline B

04/12/2007

There is merit in Department Counsel argument that the Judge underestimates the significance of terrorist operations in Lebanon. Additionally the Board notes significant official pronouncements regarding the situation in Lebanon since the close of the record. Noting the harmful error, and case law regarding official notice the Board remands the case for the Judge to reopen the record. Favorable decision remanded.


Alcohol

04/11/2007

Applicant is 50 years old and employed as a supervisory machinist by a defense contractor. Although he has a history of alcohol-related arrests and has attended court-ordered alcohol treatment, he has continued to consume alcohol, at times to intoxication, from approximately 1973 to at least February 2006. Applicant's failure to mitigate his excessive alcohol consumption raises security concerns. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

04/11/2007

Applicant, a 25 year old engineer, employed since his graduation in 2005 mitigated security concerns arising from youthful criminal conduct four to eight years ago while in high school and college by the passage of time and evidence of successful rehabilitation. He also mitigated financial security concerns arising from less than $4,000 in delinquent debts. He earns $55,000 per year since his graduation. He paid one of the major debts six months before the hearing and entered negotiation for the remaining two which now total less than $3,000. He also mitigated allegation of failure to report as use of an alias the use of a friend's drivers license without his permission when his own license was suspended. He credibly established that this was not a deliberate omission. Clearance is granted.


Financial

04/11/2007

Applicant has a history of financial problems, to include unpaid civil judgements and criminal charges of forging checks and writing bad or worthless checks. He has just begun the process of cleaning up his financial house, which includes about $30,000 in delinquent student loans. Time will tell if he is able to do so. Eligibility is denied.


Financial

04/11/2007

Applicant explained and mitigated her history of financial problems based on (1) her good- faith efforts to repay or otherwise resolve her debts, and (2) circumstances largely beyond her control (unemployment during 2001 2003) that contributed to her financial problems. Eligibility is granted.


Financial, Personal Conduct

04/11/2007

During her marriage, Applicant and her husband used credit to purchase goods. When his work hours significantly declined, they could not pay their bills. After they separated, Applicant lived on her income alone. She obtained the services of a credit counselor to work out a resolution of her old debts; and developed a payment plan with one creditor. She pays her current bills and lives within her financial means. She did not intentionally falsify her answers on the questionnaire. She has mitigated the government's concerns under Guidelines F and E. Eligibility for trustworthiness is granted.


Financial

04/11/2007

Applicant incurred approximately $14,850 in delinquent debt, for which he has no payment plan in place. He also has two state tax liens totaling approximately $3,000. He has failed to mitigate the security concerns raised under financial considerations guideline. Applicant's eligibility for a security clearance is denied.


Financial

04/11/2007

Applicant is a 54-year-old employee working for a defense contractor. He has unpaid tax obligations to the federal and state government. Despite filing for bankruptcy twice, he still has unpaid debts. He has not provided evidence to support payments on these financial obligations, nor a repayment plan. Applicant has not mitigated the security concerns arising under financial considerations. Clearance is denied.


Foreign Influence

04/11/2007

Applicant is a 50-year-old linguist, born in Iraq, granted asylum by the U.S., and naturalized as a U.S. citizen. His mother and siblings are citizens and residents of Iraq, residing in an area controlled by the Kurdistan Regional Government. Applicant's identity is protected and his family contacts are controlled and monitored. The security concern based on foreign influence is mitigated. Clearance is granted.


Financial

04/11/2007

During the past seven years, Applicant has accumulated numerous delinquent debts, including two resulting from automobile repossessions. She presented no evidence that any debts were resolved and no evidence of a plan for resolving them. Trustworthiness concerns based on financial considerations are not mitigated. Eligibility is denied.


Financial; Criminal Conduct; Personal Conduct

04/11/2007

Applicant is a 31-year-old employee of a defense contractor. He was convicted in 1996 for soliciting prostitution, and drove regularly for numerous years with a suspended or revoked driver's license resulting in several citations and convictions. He has accrued a number of unpaid debts. Applicant did not intentionally falsify his security clearance application, or fail to cooperate with an investigator, as alleged. Applicant mitigated the personal conduct concerns, but failed to mitigate the financial considerations and criminal conduct concerns. Clearance is denied.


Guideline B; Guideline E; Guideline J

04/11/2007

Given the record that was before him the Judge's finding that Applicant's omission was a deliberate falsification is sustainable. Adverse decision affirmed.


Guideline F

04/11/2007

The challenged findings are based on substantial record evidence. 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.


Foreign Influence; Foreign Preference

04/09/2007

This 58-year-old programmer was born in Tunisia and came to the U.S. in 1980 to attend college. He became a U.S. citizen in 1986 and has lived here ever since. He retains his Tunisian citizenship and recently renewed his Tunisian passport, to facilitate his travel to that country to visit his family. He intends to retain both his Tunisian passport and citizenship. He has numerous close family ties to that country and several relatives have had problems with the Tunisian government because of Applicant's status as a joint citizen of the U.S. Applicant himself is sometimes questioned by airport authorities when he visits that country. As to both Guidelines, he has not mitigated the risks established by the Government's evidence. Clearance is denied.


Guideline C; Guideline B

04/09/2007

Given the sparse record in this case, it is difficult to justify the Judge 's conclusion that Applicant has a "a history of service to this country." The Judge did not discuss in his whole person analysis the significance of Applicant's possession of a current valid Iranian passport. Nor did he discuss the security significance of the persecution Applicant's family has already suffered in Iran. Favorable decision reversed.


Guideline F; Guideline E

04/09/2007

There is a rebuttable presumption that the Judge has considered all the record evidence. The presence of some mitigating evidence does compel the Judge to make a favorable security clearance decision. Given the record, the Judge conclusion that applicant intentionally provided false or misleading information on his security clearance application is sustainable. Adverse decision affirmed.


Foreign Preference; Foreign Influence

04/06/2007

Applicant was born in Taiwan of Taiwanese parents. She came to the U.S. with her family about 10 years ago, when she was 15 years old. She completed high school, college, and graduate school in the U.S. She is engaged to a native-born U.S. citizen. She surrendered her Taiwanese passport when she learned it raised security issues, and she has stated her willingness to renounce her Taiwanese citizenship. Her parents are permanent U.S. residents, but they have temporarily returned to Taiwan to care for an elderly parent. They intend to live permanently in the U.S. as soon as they are no longer needed in Taiwan. Applicant has mitigated the security concerns based on foreign preference and foreign influence. Clearance is granted.


Drugs; Personal Conduct

04/06/2007

Applicant has a lifelong history of drug abuse. He completed several short-term drug treatment programs, but after each his drug abuse recurred. He voluntarily entered treatment in April 2003, and he has abstained from illegal drugs since then, but he is dependent on methadone to control his addiction. He disclosed his illegal use of prescription drugs on his security clearance application but neglected to disclose use of marijuana, cocaine, and heroin. He refuted the allegation of falsifying his security clearance application, but he has not mitigated the security concern based on his drug involvement. Clearance is denied.


Foreign Influence

04/06/2007

Applicant is a 57-year-old senior systems analyst for a defense contractor. A native of the People's Republic of China (PRC), he came to the U.S. in November 1989 at the behest of the Chinese university where he had been employed as an instructor since 1982. He took advantage of the Chinese Student Protection Act of 1992 and acquired U.S. permanent residency in 1993, and naturalized U.S. citizenship in 2003. Foreign influence concerns are raised by the PRC residency and citizenship of his three sisters, one of whom works for the local people's congress, and by the PRC citizenship of a niece who lived with him for several months in 2006. Clearance is denied.


Financial; Personal Conduct

04/06/2007

Applicant is 61 years old, divorced, and has five adult children. She works for a defense contractor in the health care industry. She had income tax liabilities incurred as long ago as 1985 based on under withholding of her taxes. She made this mistake because she relied on bad advice from co-workers years ago. She has now corrected her tax information, and mitigated the financial considerations and personal conduct trustworthiness concerns. Eligibility for an ADP I/II/III position is granted.


Personal Conduct; Criminal Conduct

04/06/2007

Applicant is a 44-year-old executive and partner in a defense contractor. Applicant did not falsify his security clearance application as alleged. Applicant's facilities security officer mistakenly listed the incorrect college on Applicant's application. Applicant did not notice that the application contained incorrect information when he signed it. Clearance is granted.


Guideline B; Guideline C

04/06/2007

The burden to produce evidence for mitigation is on Applicant. Th Judge impermissibly shifted the burden. The Judge erred by not discussing the security threat in Iran for which there was record evidence. Favorable decision reversed.


Guideline F, Guideline E

04/06/2007

The Board concludes there is merit in Applicant's claim that the Judge misconstrued a piece of evidence. However. The Judge's adverse decision is supported by sufficient record evidence. Adverse decision affirmed.


Guideline B; Guideline E; Guideline J

04/06/2007

There is merit in Department Counsel claim that the record is devoid of facts from which to infer that Applicant could not be subjected to coercion through his relatives. The Judge erroneously relied on 50 USC  435. The Judge's favorable decision as to Guideline E is also not supported by the record evidence. Favorable decision reversed.


Foreign Influence; Foreign Preference

04/06/2007

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 surrendered his Jordanian passport and has renounced his Jordanian citizenship, thereby mitigating security concerns about foreign preference. Under the "whole person concept," he successfully mitigated security concerns about foreign influence. 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 Guideline B (foreign influence.) Clearance is granted.


Personal Conduct; Financial

04/05/2007

Applicant had five delinquent debts that have now been paid off or are being resolved. On his security clearance application (SF 86), Applicant answered "No" to two financial-related questions and omitted any mention of the five alleged debts. As to three of the five debts, the record does not establish that the debts were delinquent at the time Applicant completed the SF 86. As to the other two debts, Applicant's explanations are supported by his overall conduct to the degree that mitigation has been adequately established. Clearance is granted.


Guideline E; Guideline E; Guideline J

04/05/2007

The Judge's findings of deliberate falsification are supported by substantial record evidence. There is no right to a security clearance. The Board finds no errors in the Judge's decision. Adverse decision affirmed.


Guideline J; Guideline E, Guideline G

04/05/2007

Given the record in this case the Judge acted reasonably within his discretion when he denied applicant's request for a second continuance. There is a rebuttable presumption that the Judge considered all the record evidence. The decision of Hearing Office Judge is not binding on another Judge in a different case. Adverse decision affirmed.


Guideline B

04/05/2007

The Chief Administrative Judge mistakenly discusses statutory language which is inapposite to the matter of granting a security clearance. The Judge also confuses the question of whether Applicant may be confronted with a choice with how Applicant might deal with such a choice. The Board does not hold an Administrative Judge to a standard of perfection. There are numerous unchallenged findings of fact which cumulatively support the Judge's ultimate conclusion. Favorable decision affirmed.


Personal Conduct; Criminal Conduct; Drugs

04/03/2007

This 27-year-old computer specialist's list of misconduct includes Time Card violations at work in 2004; the falsification of a drug-related question on his March 2005 security clearance application, a violation of 10 U.S.C. 1001, a felony; three examples of sexual misconduct with minor females in 1997, 2001, and June 2005; his use of marijuana in at least 2000 to 2005; and the denial of access to Sensitive Compartmented Information (SCI) by the National Security Agency in October 2005, makes a strong case against the granting of a security clearance. Mitigation has not been adequately established. Clearance is denied.


Foreign Preference; Foreign Influence

03/30/2007

Applicant is 44 years old and became a U.S. naturalized citizen in 1998. He has lived in the U.S. since 1987. His parents, brother, and sister are citizens and residents of Taiwan. He telephones his parents about once or twice a month. He has less frequent contact with his siblings. Earlier this year, Applicant renounced his Taiwanese citizenship, and submitted his passport toward accomplishing that goal. Applicant has strong ties to the U.S., including a child born in the U.S. He obtained his master's education here. He has ties to his community, including investment in real estate, retirement plans, and bank accounts. Applicant has successfully mitigated the security concerns related to foreign preference and foreign influence. Clearance is granted.


Drugs

03/30/2007

Applicant used marijuana with varying frequency from 1969 to October 2005. While he does not intend to use marijuana in the future, it is too soon to conclude that his drug involvement is safely in the past. Clearance is denied.


Financial; Personal Conduct

03/30/2007

Applicant is 42 years old and has worked for a federal contractor since March 2003. She has more than $17,000 in delinquent debts that she has not paid. She did not provide any information to mitigate the concerns raised by her financial situation. On her security clearance application she deliberately failed to divulge any of her delinquencies. Applicant failed to mitigate the security concerns raised by Guideline F, financial considerations and Guideline E, personal conduct. Clearance is denied.


Financial

03/30/2007

Applicant mitigated financial security concerns relating to delinquent debts and his Chapter 13 bankruptcy discharged in 2000. He was in bankruptcy process since 1997, and incurred additional debt that became delinquent during a one year period of unemployment in 2002 after the bankruptcy was completed. Clearance is granted.


Financial; Personal Conduct

03/30/2007

Applicant is a 50-year-old employee of a defense contractor requesting eligibility for a position of public trust. She has delinquent debts she has not paid or addressed. She provides no explanation for not acting on the debts except to recently file a bankruptcy petition. She knew of the debts when completing her public trust position application but deliberately failed to list them. She has not met her burden to mitigate trustworthiness concerns for her finances and personal conduct. Eligibility is denied.


Financial; Drugs; Personal Conduct; Criminal Conduct

03/30/2007

Applicant is 29 years old, unmarried, and works as a claims processor for a defense contractor in the medical services industry. She suffered in the past from a medical condition that caused her to become addicted to prescription painkillers, resulting in multiple medical delinquent debts, two misdemeanor criminal charges, and several rehabilitation treatments. Applicant mitigated the financial considerations, drug involvement, personal conduct, and criminal conduct trustworthiness concerns. Eligibility for an ADP I/II/III position is granted.


Financial; Personal Conduct

03/30/2007

Applicant mitigated financial security concerns from debts related to consolidation bank loans from a former bank employer. Her debts were mitigated by unemployment, under-employment and hospitalization over an extended period, which was beyond her control. Her financial situation has improved due to her present full time employment and court ordered child support payments from her former husband. She is in a position to continue and increase the re-payments to the bank and there is little likelihood of recurrence of the problem. Her omission of information relating to delinquent debt on her public trust application was not deliberate with intent to deceive. Clearance is granted.


Sexual Behavior; Criminal Conduct

03/30/2007

Applicant is a 25-year-old machinist for a federal contractor. While in the U.S. Navy in 2001, he engaged in sexual relations with two underage girls. He was given a non-judicial punishment after the first offense and convicted of the second offense at court-martial. He received a bad conduct discharge from the Navy in June 2003. He did not mitigate the security concerns raised by sexual behavior and criminal conduct. Clearance is denied.


Sexual Behavior; Criminal Conduct

03/30/2007

Applicant is a 25-year-old machinist for a federal contractor. While in the U.S. Navy in 2001, he engaged in sexual relations with two underage girls. He was given a non-judicial punishment after the first offense and convicted of the second offense at court-martial. He received a bad conduct discharge from the Navy in June 2003. He did not mitigate the security concerns raised by sexual behavior and criminal conduct. Clearance is denied.


Financial

03/30/2007

Applicant mitigated his history of financial problems by initiating a good-faith effort to repay overdue creditors or otherwise resolve the debts. Clearance is granted.


Financial

03/30/2007

Security concerns are raised pertaining to Applicant's history of financial irresponsibility as evidenced by his four bankruptcy filings between 1992 to 2003. His more recent filings occurred in 2002 and 2003 under Chapter 13. Both cases were dismissed due to his failure to meet his payments under the plan. In 2004, his home was foreclosed and his automobile was repossessed. He has not met his burden to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

03/30/2007

Applicant is 42 years old and has worked for a federal contractor since August 2005. Applicant moved in 2002 and the financial arrangements she had anticipated did not work out. She has credit card, medical, house foreclosure and other delinquent debts totaling more than $34,000. It has been more than four years and she has not resolved her delinquent debts. She stated she was going to have all of her debts discharged in bankruptcy, but no evidence was offered to show the discharge took place. Applicant failed to mitigate the security concerns raised by Guideline F, financial considerations. Clearance is denied.


Financial, Alcohol

03/30/2007

While Applicant has mitigated security concerns about his alcohol-related arrests and problem drinking by providing credible evidence that he has reformed his conduct, he failed to mitigate security concerns over his financial issues. He has paid or challenged some debts, but the a large portion of his debt remains unresolved with no payment plan in place. Also, one unresolved debt is for a corporate credit card that he used, in part, for personal expenses in 2002. Clearance is denied.


Financial

03/30/2007

Applicant's husband, the main family wage earner, lost his job in 2002 and remained unemployed for more than two years. During this time, they incurred medical debt and credit card debt, which is now delinquent. Applicant has started paying some of her old debt and is paying her current bills in a timely fashion. She has mitigated the government's concerns about her finances. Applicant's eligibility for a assignment to a sensitive position is granted.


Financial

03/30/2007

Applicant's financial irresponsibility renders her an unsuitable candidate for an information systems position. Trustworthiness determination denied.


Foreign Influence; Foreign Preference

03/30/2007

Although his family ties to Australia raise a security concern, Applicant has successfully mitigated the concern because of the steps he has taken. Additionally, the totality of the facts and circumstances under the "whole person" concept further show his family ties do not pose an unacceptable risk of foreign preference or influence. Clearance is granted.


Financial

03/30/2007

Applicant is a highly regarded claims associate for a defense contractor who accumulated a number of delinquent debts during periods her husband was out of work and unable to contribute to the payment of their family debts. With little financial help from her husband and barely enough income to support her family, she has been unable to make any meaningful inroads in paying her old acknowledged debts, many of which are apparently barred by applicable statutes of limitation. While she submitted a debt consolidation proposal after the hearing, she failed to certify to counseling or approve the proposal in writing. Although she is regarded as reliable and trustworthy by her friends and colleagues, her manifest reluctance to address her finances unconditionally precludes her from mitigating trustworthiness concerns at this time. Eligibility for an ADP I/II/III position is denied.


Financial; Personal Conduct

03/30/2007

Applicant is a 54-year-old employee of a defense contractor. She has accrued more than $200,000 in unpaid federal and state taxes. Applicant did not falsify her security clearance application as alleged because her answer to the pertinent question was technically correct. Applicant mitigated the personal conduct concern, but failed to mitigate the financial considerations concerns. Clearance is denied


Foreign Influence

03/30/2007

Applicant's contacts with immediate family members who are citizens and/or residents of Ethiopia raised foreign influence concerns. Considering the totality of the circumstances of this particular case, his family ties do not pose an unacceptable risk or concern. His extensive personal and financial contacts in the United States, his track record of trust and responsibility working for defense contractors, and Ethiopia's relationship with the United States mitigate the foreign influence security concerns. Clearance is granted.


Personal Conduct; Criminal Conduct

03/30/2007

Applicant is 49 years old and works as a vice president for a defense contractor. He had security clearances in the past. On two separate occasions, he deliberately falsified material facts regarding his illegal drug use on his security clearance applications. He failed to accurately state the amount of marijuana, cocaine, hallucucinogenics, and acid, he used during the previous 25 years. In 2003, he was denied access to Sensitive Compartmented Information by another government agency due to his illegal drug use while holding a security clearance and for providing discrepant information regarding his use of drugs. Applicant has not mitigated the personal and criminal conduct security concerns. Clearance is denied.


Criminal Conduct

03/30/2007

Applicant's six arrests between 1979 and 2004 raise a security concern. He has only been arrested once in the past 18 years. Given the positive changes in his life that have occurred during that time, the isolation of the most recent arrest, and its surrounding circumstances, I conclude it represents an anomaly rather than a continuing pattern of criminal conduct. Clearance is granted.


Financial

03/30/2007

Applicant is a 68-year-old president, and at one time sole stockholder, of a defense contractor. Applicant's company had a business downturn in the 1990s, and did not make a number of quarterly payments to the Internal Revenue Service. Applicant filed Chapter 7 bankruptcy, and his company entered Chapter 11 bankruptcy. The company owes the IRS more than $2,400,000 in taxes, interest, and penalties. Applicant's personal liability for the tax debt is currently at more than $1,100,000. Clearance is denied.


Financial

03/30/2007

Applicant is a 48-year-old welder employed by a defense contractor. He has a long history of financial problems. He filed a Chapter 13 bankruptcy petition in 1997, successfully completed the plan, and was discharged in 2000. Thereafter, he allowed accounts to be charged off and become past due, several judgments were entered against him and his wife, and he incurred federal and state income tax liens for 2002, which remain unpaid. He filed a Chapter 7 bankruptcy petition in 2005 and discharged approximately $35,000 of debt. He provided no evidence other than to state that he had financially extended himself more than once or twice. He filed no response to the file of relevant material (FORM). He failed to mitigate the security concerns under Guideline F (financial considerations). Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

03/30/2007

Applicant is 41 years old and has consumed alcohol, at times to excess, for over 25 years. In 2006, he was convicted of driving under the influence of alcohol (DUI) twice in 2005, for which he is still on probation. He received inpatient alcohol treatment in 1988. During outpatient treatment in 2005 and 2006, he was diagnosed as alcohol-dependent, and he consumed alcohol during his treatment. Applicant deliberately lied to the police, and to government investigators and clearance adjudicators about his drinking, and about the details of a minor traffic accident in 2006. He failed to mitigate the resulting security concerns about his alcohol consumption, criminal conduct, and personal conduct. Clearance is denied.


Financial

3/30/2007

Applicant is a 31-year-old employee of a federal contractor, employed as a material handler laborer. He had substantial unpaid debts, most of them for medical services, because he went seven years without medical insurance. He and his wife separated for nearly two years which further inhibited his ability to pay debts. He was also unemployed for nearly a year. 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 Guideline F (financial considerations.) Clearance is granted.


Foreign Influence; Security Violations; Personal Conduct

03/30/2007

Applicant's security violations and other exercises of poor operational security render him an unsuitable candidate for access to classified information. However, the record did not establish that Applicant was potentially vulnerable to foreign influence. Clearance denied.


Financial; Personal Conduct

03/30/2007

Applicant was granted a security clearance while on active duty in the U.S. Army in 1995. His clearance was revoked after he received a Chapter 7 discharge in bankruptcy in 1999 and became financially overextended again shortly after his bankruptcy. After he left the Army, he retained a credit counseling firm, paid off a few debts and negotiated payment plans for his unpaid debts. He disclosed the loss of his security clearance to his supervisor and on a handwritten security clearance application, but he mistakenly answered "no" to the question on the electronic version asking if his clearance had ever been suspended or revoked. He has refuted the allegation of falsifying his security clearance application and mitigated the security concerns based on financial considerations. Clearance is granted.


Alcohol; Drugs; Personal Conduct

03/30/2007

Applicant's continued consumption of alcohol despite multiple diagnoses of alcohol dependence over the years, in addition to his intentional omission of past cocaine use from a 2002 security clearance application, generates security concerns that he failed to mitigate. Clearance is denied.


Personal Conduct; Criminal Conduct

03/30/2007

Applicant is a 39-year-old associate software engineer who works for a federal contractor. In 1997, he was convicted of contributing to the delinquency of a minor. When he completed a February 2002 security clearance application, he disclosed the conviction. In an August 2003 application, he again disclosed the conviction and provided some of the facts surrounding it. When interviewed in February 2004 regarding the matter, he was not forthright in discussing all of the details. He failed to mitigate the security concerns raised by personal and criminal conduct. Clearance is denied.


Alcohol; Personal Conduct

03/29/2007

Applicant is a 25-year-old junior business analyst for a defense contractor. He admits he consumed alcohol to the point of intoxication a few times a month for over ten years. His alcohol consumption led to two driving while intoxicated offenses, being terminated from a job, and being arrested as a minor in possession of alcohol. Applicant admits to using cocaine from 2002 to 2006, and using the illegal substances of mushrooms, marijuana, and ecstacy from 1999 to 2004. His substance abuse led to treatment at a substance abuse medical treatment facility as well as after care. He deliberately did not include his drug use on his security clearance application. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/29/2007

Applicant is 30 years old and has worked as an administrative assistant for a federal contractor since April 2005. While attending college from 1995 to 1999 he accumulated numerous credit card debts. He only recently set up repayment plans on two of the debts. He intentionally failed to list his credit card debts and his prior drug use on three security documents, violations of federal law. Applicant failed to mitigate the security concerns raised under Guideline F (Financial Considerations), Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). Clearance is denied.


Foreign Influence

03/29/2007

Applicant is 46 years old and works as a system administrator for a defense contractor. He was born in Libya, and his immediate family remains in that country as citizens and residents. Because he presented no facts about his family, he failed to mitigate security concerns arising from foreign influence.


Financial; Personal Conduct

03/29/2007

Applicant incurred 14 delinquent debts, an approximate total of $24,771, raising trustworthiness concerns under financial considerations. Personal conduct concerns were raised due to Applicant's deliberate omission of her delinquent debts that were over 180 days old and a September 2004 drug arrest on her trustworthiness application. Although she entered into an agreement with a debt repayment agency in December 2006, it is too soon to conclude that she is on the path of financial rehabilitation. She 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

03/29/2007

Applicant is 44 years old, divorced, and the mother of two children. She works two jobs, including her primary employment for a defense contractor in the healthcare industry. She mitigated the financial considerations trustworthiness concerns. Eligibility for an ADP I/II/III position is granted.


Alcohol; Financial

03/29/2007

Applicant was arrested, charged, and convicted of a driving while intoxicated (DWI) offense in 1994 as a teenager. After 10 years of no alcohol-related problems, in the last two and one-half years, he has been arrested and charged with two alcohol-related offenses and cited for one alcohol-related offense. Although he recently started an alcohol treatment program, he has not mitigated the government's concerns regarding his alcohol consumption. He has mitigated the government's concerns about his personal conduct. Clearance is denied.


Financial

03/29/2007

Applicant owes several medical debts in collection, two charged off credit card debts, a vehicle loan debt for a car repossessed in June 2005, and a past due cable service debt. She has not adequately explained the delinquencies nor taken steps to resolve her indebtedness. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/29/2007

Applicant is a 38-year-old employee of a defense contractor. She has four dependent children and does not receive child support. She has six delinquent debts totaling approximately $10,000, of which a little more than $7,000 is for a repossessed car. She wrote her creditors requesting information about those accounts. Four of the delinquent debts, including the repossessed car, are no longer on her August 2006 credit report. Applicant has mitigated the financial considerations, personal conduct, and criminal conduct trustworthiness concerns. Eligibility for an ADP I/II/III position is granted.


Personal Conduct; Criminal Conduct; Foreign Influence

03/29/2007

Applicant falsified materials facts about his history of illegal drug involvement when he completed security-clearance applications in 1988 and 1993. It is not mitigated by passage of time because he perpetuated his falsehood by asserting a disingenuous explanation during the hearing in 2007. Clearance is denied.


Foreign Influence

03/29/2007

Applicant is a 57-year-old employee of a federal government contractor. His elderly parents live in a house Applicant owns in Liberia. Due to civil war and internal strife, the estimated value of the house is only $1,000, a small figure compared with Applicant's U.S. assets. Applicant has mitigated the foreign influence concerns. Eligibility is granted.


Personal Conduct

03/29/2007

In April 1996, Applicant was personally named in a civil court action charging him, one other person, and the company he owned with fraud against the U.S. government. Applicant was subsequently dropped from the civil court action, and his company settled out of court for $1,000,000. In 2001, Applicant executed a SF-86 and denied having been a party to any public record civil court action in the previous seven years. Applicant admitted his answer on the SF-86 was false but denied it was intentional. Applicant's denial was not credible, and he failed to mitigate security concerns under Guideline E, Personal Conduct. Clearance is denied.


Personal Conduct

03/28/2007

Applicant is a 29-year-old supervisor working for a defense contractor health care company. In 2001, a charge for shoplifting was dismissed. She paid restitution. She did not list the dismissed charge on her public trust application in 2005 because she relied on advice from a security employee present during the time she completed the application. She has mitigated the trustworthiness concerns raised under personal conduct concerns. Applicant's eligibility for a trustworthiness position is granted.


Drugs

03/28/2007

Applicant is a 55-year-old computer specialist who has worked for a federal contractor for the past four years. He admitted that he has occasionally used marijuana from 1972 until May 2006, but does not intend to use it in the future. He failed to mitigate the security concerns raised by a history of drug abuse. Clearance is denied.


Alcohol

03/28/2007

The Applicant's last alcohol related incident, having 08% or more by weight of alcohol in his blood while driving a motor vehicle (DUI), occurred nearly three years ago, in May of 2004. He now drinks alcohol only about "once a month," and never to the point of intoxication. Furthermore, a certified Substance Abuse Counselor avers that the Applicant is not now "or has ever been alcohol dependent." He also has the unqualified support of his supervisors and colleagues. This last incident, plus a September 2001 alcohol related incident involving Public Intoxication, "does not cast doubt on the . . . [Applicant's] current reliability, trustworthiness, or good judgement." Mitigation is shown. Clearance is granted.


Financial

03/28/2007

Applicant incurred approximately $9,182.00 delinquent debt, for which she has no payment plan in place. She has failed to mitigate the trustworthiness concerns raised under financial considerations. Applicant's eligibility for a trustworthiness position is denied.


Criminal Conduct; personal Conduct

03/28/2007

Applicant is a 27-year-old employee of a defense contractor who has a history of juvenile arrests and traffic offenses from 1994 until 2003. She was convicted in 2003 for harassment due to a domestic incident. She successfully completed her court ordered classes in anger management and probation. She has mitigated the trustworthiness concerns under criminal conduct, and personal conduct. Applicant's eligibility for an assignment to a sensitive position is granted.


Drugs

03/28/2007

Applicant is a 49-year-old certified marine specialist who has worked for a federal contractor for the last 20 years. He admitted that he used marijuana about five times from November 2003 to December 2003. He successfully completed a drug rehabilitation program and does not intend to use it in the future. He mitigated the security concerns raised by a history of drug involvement. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

03/28/2007

Applicant is 45 years old. Since leaving active duty with the U.S. Navy in 1984, he has worked for a federal contractor. When he completed a security clearance application in 1993, he disclosed three arrests, two of which related to the use of alcohol. He did not disclose those charges in his January 2004 security clearance application. Subsequently, in September 2004 he was arrested for driving under the influence. He mitigated the security concerns raised under the alcohol consumption, criminal and personal conduct guidelines. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

03/28/2007

Applicant is 45 years old. Since leaving active duty with the U.S. Navy in 1984, he has worked for a federal contractor. When he completed a security clearance application in 1993, he disclosed three arrests, two of which related to the use of alcohol. He did not disclose those charges in his January 2004 security clearance application. Subsequently, in September 2004 he was arrested for driving under the influence. He mitigated the security concerns raised under the alcohol consumption, criminal and personal conduct guidelines. Clearance is granted.


Financial

03/28/2007

Applicant owes the Internal Revenue Service approximately $30,000 for federal tax years 2001, 2002, and 2003. She timely filed her taxes and has worked diligently with the IRS to develop a payment plan for several years. The IRS recently agreed to Applicant's monthly payment of $500. Applicant has mitigated the trustworthiness concerns raised under financial considerations. Applicant's eligibility for a trustworthiness position is granted.


Financial

03/28/2007

Applicant's history of financial delinquencies reaches back to the 1990s. As of November 3, 2006, he owed creditors approximately $13,750 on four accounts that had been charged off or placed for collection. Applicant admitted these debts in his answer to the SOR and claimed three of the four debts were paid in November and December 2006. He also claimed he was making payments to satisfy the fourth debt. Applicant failed to present credible evidence that his debts were being paid or were satisfied. However, his credit report for December 27, 2006, corroborated his statement that he had paid one debt of $349 in full. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations, of the Directive. Clearance is denied.


Financial; Personal Conduct

03/28/2007

Applicant is 38 years old and has worked for a medical contractor for the federal government since 2001. She has significant delinquent debt that remains unpaid and unresolved. Applicant failed to divulge her delinquent debt on two trustworthiness applications. Applicant failed to mitigate the trustworthiness concerns raised under Guideline F (financial considerations) and Guideline E (Personal Conduct). Therefore, it is not clearly consistent with the interests of national security to grant or continue Applicant's eligibility for an ADP I/II/III position. Eligibility is denied.


Financial

03/28/2007

Applicant is a 35-year-old senior engineering analyst who has worked for a federal contractor for the past nine years. From approximately 1998 to the present, Applicant accumulated a significant amount of debt that remains unresolved or unpaid. He did not mitigate the security concerns raised by financial considerations. Clearance is denied.


Financial; Personal Conduct

03/28/2007

Applicant failed to mitigate security concerns arising from delinquent debts incurred during a period of unemployment occasioned by need to resign her job and care for a terminally ill mother. While these circumstances were beyond her control, little was done to resolve the matters during the two and a half years of employment before the issuance of the SOR. Personal conduct issues relating to the failure to report all the debts on her SF 86 were mitigated by the fact that some were reported, the government was alerted to her problems, and her unfamiliarity with the process. Clearance is denied.


Financial

03/28/2007

Applicant accrued approximately $19,300 of delinquent financial indebtedness between 1999 and 2004. Through the help of a financial counseling service, she has ether satisfied several debts through negotiated settlements, satisfied others in their entirety, or has initiated the process of resolving the remainder. She has alleviated the trustworthiness concern, and eligibility to occupy a sensitive position is granted.


Foreign Influence

03/28/2007

Applicant's mother and siblings are citizens and residents of Jordan. He also has a brother who resides in the United Arab Emirates. Under the specific facts in evidence herein, the government's security concerns have been mitigated. Clearance is granted.


Foreign Influence; Security Violations; Personal Conduct

03/28/2007

Applicant is a 42-year-old employee of a defense contractor. While serving in the U.S. Navy in 1990 to 1991, Applicant committed unintentional security violations by leaving classified information in a Bachelor Officers' Quarters room, and by mistakenly taking a classified document off a ship. When he discovered the classified document in his personal effects, Applicant intentionally destroyed it rather then follow the proper reporting requirements. Applicant reported the destruction in 1999, and since has demonstrated a positive attitude toward the discharge of his security responsibilities. Applicant mitigated security concerns raised by his mother-in-law and father-in-law, who are citizens of the United Kingdom residing in Saudi Arabia. Clearance is granted.


Criminal Conduct; Personal Conduct

03/27/2007

The Applicant was engaged in a serious criminal incident in 1991 and a minor one in 1996. He was innocent of the charges brought against him in 2000. The Applicant's incorrect answers on two Government questionnaires were not made with the intent to deceive. Considerable mitigation is shown. Adverse inference is overcome. Clearance is granted.


Foreign Influence

03/27/2007

Applicant, his parents, and his seven siblings were all born in the U.S. His two older sisters moved to Israel in the late 1960s. They and the children they have raised there are now citizens of and reside in Israel. Applicant's contacts with his sisters are infrequent. His relationship with his nieces and nephews and an Israeli brother-in-law is casual and even less frequent. Applicant has actually seen his sisters and their families only six times in the past 35 years. His five other siblings, three of whom served in the U.S. military, are citizens of and live in the U.S. He has mitigated the security concerns about possible foreign influence. Eligibility for an ADP I/II/III position is granted.


Drugs; Personal Conduct

03/27/2007

Applicant is a 26-year-old software developer employed by a defense contractor since June 2004. He used marijuana with varying frequency between September 1998 and November 2004. Applicant has not used marijuana since November 2004. He did not deliberately falsify an answer regarding his drug use in his security clearance application. Applicant has mitigated the drug involvement and personal conduct security concerns. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

03/27/2007

Applicant is a 45-year-old employee of a defense contractor. Applicant accumulated approximately $27,500 in delinquent debts. He has taken no significant action to pay the debts. He received Non-Judicial Punishment while in the military in 2002, for failing to pay his Government travel card bill. He falsified his responses to security clearance application questions concerning his military disciplinary record and financial problems. Applicant failed to mitigate the security concerns arising from his financial difficulties, personal conduct, and criminal conduct. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/27/2007

Applicant had 18 delinquent debts, totaling $16,744, when he submitted his Security Clearance Application (SF-86). He deliberately omitted these debts when completing the Application. Applicant has not resolved any of these debts, and did not mitigate the security concerns raised by his history of not meeting financial obligations, and his inability or unwillingness to satisfy debts. Nor did he mitigate personal conduct and criminal conduct security concerns raised by his deliberate falsification of material facts on his Security Clearance Application. Clearance is denied.


Guideline M; Guideline E

03/27/2007

An Applicant's admission to an SOR allegation is a legally sufficient basis to find that that applicant engaged in the conduct covered by the admission. Failure to provide relevant and material information to the government provides a rational basis for an unfavorable security decision. An applicant's security related conduct can alleged under more than one guideline and can be given independent weight under more than one guideline. Adverse decision affirmed.


Guideline E; Guideline J

03/27/2007

Considering the record evidence as a whole, the Judge's material findings of security concern are sustainable. The security concerns raised by Applicant's falsification were not necessarily overcome by his subsequent disclosures. The favorable evidence cites by Applicant is not sufficient to demonstrate that the Judge's decision was arbitrary capricious or contrary to law. Adverse decision affirmed.


Security Violations; Personal Conduct

03/27/2007

While employed by a defense contractor in 2000, Applicant accessed a classified network and copied and removed classified information from its location. He then transferred the information into his laptop computer, downloaded the information into an unclassified network, and shared the information with a co-worker. Applicant failed to present sufficient evidence to mitigate security concerns raised by his security violations and personal conduct. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

03/26/2007

Applicant is a 31-year-old employee of a defense contractor who has a history of arrests for driving under the influence of alcohol. His last DUI was in 2002. He attended alcohol classes and some court ordered counseling. He has mitigated the security concern under Guideline G for alcohol. He has failed to mitigate the trustworthiness concerns under criminal conduct, and personal conduct because he deliberately falsified his 2005 public trust application in violation of federal law. Applicant's eligibility for an assignment to a sensitive position is denied.


Financial; Personal Conduct

03/26/2007

Applicant is 44 years old and has worked for a federal contractor as a aircraft electrical specialist since 2001. He had his debts discharged in bankruptcy in 2001, and again has accumulated more than $23,000 in delinquent debts owed to 14 creditors. In responding to questions on his security clearance application he intentionally and deliberately failed to list he had overdue debts of 90 and 180 days. Applicant failed to provide evidence to mitigate the security concerns raised under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). Clearance is denied.


Guideline F; Guideline E

03/26/2007

The non-appealing party filed a motion for expedited remand. The appealing party did not object. For reasons of economy the case is remanded for further processing. Adverse decision affirmed.


Financial

03/26/2007

Applicant, who is separated from her husband, has a history of financial problems, including the repossession of her car and mobile home. She met with an attorney to explore filing Chapter 13 bankruptcy, but she decided not to file. The SOR identifies financial delinquencies of approximately $54,815. Applicant's net monthly income is $1,593.44. At the present time, Applicant lacks the financial resources to satisfy her creditors. She has failed to mitigate the Financial Considerations Guideline of the Directive. Eligibility is denied.


Drugs; Personal Conduct

03/26/2007

Applicant admits to the illegal use of marijuana while on a winter camping trip in December 2003. The Government did not meet its burden of proof regarding an alleged use of marijuana in the fall of 2005. The marijuana use was minimal and not recent. Applicant has mitigated the security concerns raised under the drug involvement concern. Clearance is granted.


Financial

03/26/2007

Applicant is 40 years old and has worked for a federal contractor for more than eight years. He experienced financial problems when his wife overextended their credit and his wages were garnished for back child support. Applicant has repaid all of the back child support and several other debts. He has sought credit counseling and has a repayment plan for other delinquent debts. Applicant is committed to repaying all of his delinquent debts and has mitigated the security concerns raised under Guideline F. Clearance is granted.


Foreign Preference; Foreign Influence

03/26/2007

Applicant is a native born U.S. citizen, who holds dual citizenship with Israel. She has six siblings-in-law who are citizens and residents of Israel. Applicant has used an Israeli passport to visit Israel four times to enter and leave Israel over the past 25 years. Her Israeli passport expired in 2005. She has substantially more connections to the United States than to Israel. Her husband and three children are U.S. citizen residents. Under the "whole person" concept, she has mitigated security concerns pertaining to foreign influence and foreign preference because of her strong connections to the United States. Clearance is granted.


Financial

03/26/2007

Applicant incurred five unpaid debts, which are primarily education loans, one exceeding $20,000. He is repaying the education loans, on his own initiative or through garnishment. He lives within his financial means. His other unpaid debts are barred under the state statute of limitations. He has mitigated the government's concerns regarding his finances. Clearance is granted.


Financial; Personal Conduct

03/26/2007

Applicant is a 31-year-old employee of a defense contractor. In the mid-1990s, Applicant was a young, married, enlisted Marine, living in a high cost area, and just starting a family. This led to financial difficulties, including delinquent debts and a deficiency for a returned leased vehicle. Applicant has paid, settled, or resolved all the debts in issue, and has incurred no additional delinquent debts in more than seven years. Applicant submitted a security clearance application in 2004, which did not list his delinquent debts. Applicant credibly testified that he believed the debts were more than seven years old, and did not have to be listed. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

03/26/2007

Applicant owes about $50,000 in delinquent debt. While he has brought his student loan accounts current and has paid other minor debts, there are no clear indications that his financial problems are behind him. In July 2001, he was apprehended by military police for larceny of non- appropriated funds from the post exchange after he attempted to purchase a compact disk player for less than its full value by placing it in a box intended for a compact disk player of lesser value. He did not disclose this incident or his financial delinquencies on his February 2004 security clearance application. Clearance is denied.


Drugs

03/26/2007

Applicant is a 32-year-old employee of a defense contractor. He smoked marijuana, sometimes on a daily basis, for about four years from 1998 to September 2002, while holding a Top Secret clearance and access to Sensitive Compartmented Information. Applicant was cited or arrested for his marijuana possession and use on three occasions. He was cited for attempting to board an airplane with marijuana in his luggage, and was stopped by the police on two occasions for speeding after he smoked marijuana while driving. Applicant's last arrest for marijuana occurred about five weeks after he stated to his Facility Security Officer that he did not intend to use illegal drugs in the future. Applicant failed to mitigate his drug involvement. Clearance is denied.


Sexual Behavior; Criminal Conduct; Personal Conduct

03/26/2007

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


Guideline J

03/26/2007

The question of whether a work-release program counts as incarceration is mixed question of fact and law. The Board cannot assume that the many such programs functioning concurrently in the United States necessarily impose the same restrictions on convicts. Given the limited record the Board cannot conclude that Department Counsel met their burden of proving controverted facts. Favorable decision affirmed.


Financial

03/22/2007

Applicant accrued approximately $18,000 of delinquent financial indebtedness between 1998 and 2006. Although she is in the process of getting these delinquencies discharged through the Chapter 7 bankruptcy process, it is too soon to conclude that the trustworthiness concern has been alleviated absent a demonstrated track record of financial reform. Eligibility to occupy a sensitive position is denied.


Foreign Preference; Foreign Influence

03/22/2007

Applicant is a United States born citizen, and her husband, two children, and other close relatives are also United States citizens. She has not acted in such a way as to indicate a possible preference for a country other than the United States. Applicant never applied for or received her own Iranian passport, but her husband did place her name on his passport. While her father-in-law and sisters-in-law are citizens and residents of Iran, a country with interests greatly inimical to the U.S., none of these family members belong to, participate in, or are active with any government agency of Iran. Applicant's strong attachment to the United States makes it highly unlikely that she would respond favorably to any efforts to act against United States interests. Mitigation has been shown. Clearance is granted.


Financial

03/21/2007

Applicant owes about $38,770 in delinquent debt incurred after a June 1999 Chapter 7 discharge in bankruptcy. As of September 2006, her vehicle had been repossessed due to nonpayment and her home was in foreclosure. While her financial situation has been negatively impacted by several job changes for herself and her spouse, she has not shown she can live within her means. It is not clearly consistent with the national interest to grant her a position of trust. The application for a position of trust is denied.


Financial; Personal Conduct; Criminal Conduct

03/21/2007

Applicant had nine delinquent debts listed on her Statement of Reasons (SOR) for 2006. Her SOR debts initially became delinquent because of her unemployment. Under the "whole person" concept, financial considerations are mitigated. Her false answer on one question on her 2002 and 2004 Questionnaires for Public Trust Positions (SF 85P) concerning an arrest and conviction was because she believed she was not required to provide this information. However, her false answer on another question concerning debts delinquent over 180 days was deliberate and with intent to deceive. She did not mitigate concerns about personal or criminal conduct. Eligibility for an ADP I, II or III position is denied.


Drugs

03/21/2007

Applicant is a 56-year-old employee of a defense contractor. He occasionally smoked marijuana from about 1974 to 1978. Applicant became a father, started his first job and stopped smoking marijuana, as acceptance of his new responsibilities. Applicant divorced in 2001, and started smoking marijuana again, because he was "curious" to try it. He purchased a quantity of marijuana in 2001, and still possessed some of it as recently as about two months before his hearing, when he disposed of the remaining marijuana. Applicant last smoked marijuana some time in 2005, or early 2006. He is unable to totally rule out the possibility of smoking marijuana in the future. Clearance is denied.


Guideline F; Guideline E

03/21/2007

An applicant's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate that the Judge erred. Adverse decision affirmed.


Guideline G; Guideline J; Guideline E

03/21/2007

The Board sees no error in the Judge's finding plausible Applicant's explanation that his decision to consider his military offenses under question 25 of the security application meant that he felt that he was not obliged to list under question 24. Department Counsel persuasively argues that the Judge's analysis of Applicant's alcohol related incidents was piecemeal. The Judge's conclusion that the disposition of Applicant's DWI charge was the equivalent of acquittal is not supported by the record. Favorable decision reversed.


Financial; Personal Conduct

03/20/2007

Applicant incurred approximately $10,500 delinquent debt, for which she has no payment plan in place. She has failed to mitigate the trustworthiness concerns raised under the guideline for financial considerations. She deliberately falsified her July 2005 public trust application by omitting relevant information concerning her finances. Applicant's eligibility for a trustworthiness position is denied.


Financial; Personal Conduct

03/20/2007

Applicant incurred approximately $10,500 delinquent debt, for which she has no payment plan in place. She has failed to mitigate the trustworthiness concerns raised under the guideline for financial considerations. She deliberately falsified her July 2005 public trust application by omitting relevant information concerning her finances. Applicant's eligibility for a trustworthiness position is denied.


Criminal Conduct

03/20/2007

Applicant has been arrested, charged and convicted twice for misdemeanor offenses. His first arrest occurred while a high school student in 1971, and his second arrest occurred more than 30 years later in 2002. He has no other criminal convictions. He has mitigated the government's concerns in allegations 1.a and 1.d of the SOR. The government failed to met its burden of proof as to allegations 1.b and 1.c of the SOR. Applicant's eligibility for a assignment to a sensitive position is granted.


Financial

03/20/2007

Applicant mitigated her history of financial problems based on her good-faith effort to repay or otherwise resolve her debts coupled with circumstances largely beyond her control that contributed to her financial problems. Eligibility is granted.


Foreign Preference; Foreign Influence

03/20/2007

Applicant, a dual citizen of Yemen and the United States, possesses a Yemeni passport. He maintains his Yemeni citizenship to facilitate the paperwork associated with his ownership of the family residence in Yemen. Foreign preference concerns persist because of his ongoing exercise of dual citizenship. Foreign influence concerns are raised by the Yemeni residency and citizenship of his mother and siblings, and by Applicant's ownership of property in Yemen. The application for a position of trust is denied.


Guideline B

03/20/2007

The Judge's whole-person analysis is unsustainable for several reasons: it confuses opposition to a foreign regime with credible, independent evidence of ties to the United States; it fails to consider the security significance of Applicant's beliefs that his phone conversations with his family are currently being tapped in conjunction with Applicant's family's past experiences; it fails to consider the Judge's own findings about the nature of the Libyan regime. Favorable decision reversed.


Guideline E; Guideline D

03/20/2007

Considering the record as a whole, the Judge's material findings of fact with respect to SOR paragraph 1.c. reflect a plausible interpretation of the record evidence. A party's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate error. Applicant overstates the significance of the passage of time since his last incident of sexual misconduct. Adverse decision affirmed.


Drugs

03/19/2007

Applicant is 23 years old and has worked for a defense contractor since August 2005. Applicant abused many different illegal drugs and misused prescription drugs over a several year period. He also sold and distributed a large amount of cocaine for profit. Applicant failed to provide sufficient information to mitigate the security concerns raised by his drug involvement. Clearance is denied.


Financial

03/19/2007

Applicant accrued approximately $11,600 of delinquent financial indebtedness between 1999 and 2006. Although her adherence to a debt repayment plan through a Chapter 13 bankruptcy order since November 2006 constitutes a step in the right direction, it is too soon to conclude that the trustworthiness concern has been alleviated. Eligibility to occupy a sensitive position is denied.


Criminal Conduct; Alcohol; Personal Conduct

03/19/2007

Applicant is a general maintenance worker employed by a defense contractor. Between 1979 and 1998, he was arrested 15 times, convicted for six DUIs, one felony burglary, and two drug offenses. In 2005, he deliberately failed to disclose his past felony charges/convictions, and his drug and alcohol-related behavior in his security clearance application. Applicant failed to present sufficient evidence to mitigate security concerns raised by his criminal conduct, alcohol consumption, and personal conduct. Clearance is denied.


Financial

03/19/2007

Applicant is 26 years old and has worked for a medical federal contractor since 2004. She has 15 unpaid delinquent debts. She attributes her financial problems to her separation from her husband and having to repay debts on one income. Some of the delinquent debts were incurred prior to her marriage and after her separation. Applicant has failed to mitigate the trustworthiness concerns under Guideline F, financial considerations. Applicant's eligibility for an ADP I/II/III position is denied.


Financial; Criminal Conduct; Alcohol

03/19/2007

Applicant is a 51-year-old claims examiner working for a Defense contractor. Between 1996 and 1997, she had the first of several costly back surgeries, was diagnosed with a life-threatening antigen disorder, and received her first citation for driving while intoxicated. She quit drinking by 2005, after learning she had a terminal hepatic condition. She demonstrated that she has reduced her general debt to about $1,000, and shown an approximate balance of $35,000 is directly attributable to extensive medical costs not covered by her insurer. Applicant has shown that neither her finances, nor her past criminal conduct or alcohol consumption pose an unacceptable trustworthiness risk. Eligibility for an ADP I/II/III position is granted.


Financial; Personal Conduct

03/19/2007

Applicant's history of delinquent financial indebtedness and her continuing inability to resolve it generates a trustworthiness concern, which she failed to mitigate. Eligibility to occupy a sensitive position is denied.


Financial; Personal Conduct

03/19/2007

Both state and federal tax authorities have placed tax liens against Applicant. At present, Applicant owes the IRS approximately $35,000, and he owes the state an unknown amount. Although he has now filed state and federal tax returns for tax years 2002-2005, he does not have a realistic plan in place to resolve his tax indebtedness. Clearance is denied.


Financial

03/19/2007

Applicant owes about $23,386 in delinquent debt that he lacks the means to repay. His promises to satisfy the debt are not sufficient to mitigate the concerns about his finances. Clearance is denied.


Financial; Personal Conduct

03/19/2007

Applicant has approximately $16,314 in unresolved delinquent debt. She has taken no steps to resolve the majority of her delinquent debts. She failed to list her delinquent accounts that were over 180 days old on her trustworthiness application. She did not provide a sufficient explanation for her omission. She has failed to mitigate the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for assignment to a sensitive position is denied.


Financial; Personal Conduct

03/19/2007

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 six accounts, totaling $33,135, that have been delinquent 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. Furthermore, he deliberately falsified his security clearance application. Clearance is denied.


Financial; Alcohol

03/19/2007

Applicant is 37 years old, never married, and owes $91,000 in delinquent debt he incurred at least since 1999. While unemployed for several periods of time between 1998 and 2004, he continued to spend money while having no income. He was arrested in March 2003 for driving while intoxicated. Applicant mitigated the alcohol consumption trustworthiness concern, but did not mitigate the financial consideration trustworthiness concern. Eligibility for an ADP I/II/III position is denied.


Criminal Conduct; Alcohol, Drugs; Personal Conduct

03/19/2007

Applicant is a 51-year-old technical illustrator employed by a defense contractor. Between 1983 and 2004, he was arrested five times, charged once with possession of marijuana, four times with DUI, and convicted three times for DUI. In 2003, he deliberately failed to disclose in his security clearance application his 2002 DUI charge, two 1983 DUI convictions, and his use of marijuana while having access to classified information. Applicant failed to present sufficient evidence to mitigate security concerns raised by his criminal conduct, alcohol consumption, drug involvement, and personal conduct. Clearance is denied.


Financial; Personal Conduct

03/19/2007

Applicant has two unpaid judgments against him and several other delinquent debts. He is making payments on some of his delinquent debts. He did not disclose the unpaid judgments and other delinquent debts on his security clearance application (SF 86). He has not refuted the allegations of falsification, and he has not mitigated the security concerns arising from his financial situation and personal conduct. Clearance is denied.


Financial

03/19/2007

Applicant accumulated delinquent debts totaling more than $25,000. He is relying on a statute of limitations to preclude enforcement of a large credit card debt. A credit union debt was charged off and reported to the Internal Revenue Service as income. He is making small payments on two charge accounts, but the payments barely exceed penalties and interest. He has not mitigated the security concern arising from financial considerations. Clearance is denied.


Guideline J; Guideline H

03/19/2007

A judge can find an applicant engaged in criminal conduct even if criminal charges were dropped or dismissed. The Judge properly considered the record as a whole, rather than analyzing the evidence piecemeal. Adverse decision affirmed.


Guideline E; Guideline J

03/19/2007

Given the Judge's unchallenged findings of fact, the Judge made a reasonable determination that Applicant had failed to meet his burden of mitigating his false statements. Adverse decision affirmed.


Personal Conduct

03/19/2007

Applicant was not candid in completing his security clearance application and failed to include criminal charges and to list his first marriage and information about his first wife. In communications with employers, he misrepresented his higher education record. He was admonished by an employer for sending an unsolicited and sexually suggestive communication to another employee, and he denied this conduct in interviews with authorized investigators. His conduct as a consultant for a defense contractor violated his employer's service agreement with the defense contractor. Applicant's conduct raised security concerns under Guideline E, Personal Conduct, of the Directive. He provided no credible explanations for his falsifications, omissions, and failure to comply with his employers' rules and regulations. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

03/19/2007

Applicant mitigated his financial difficulties. Event though his debt history includes a Chapter 7 bankruptcy with continuing financial problems, a substantial number of the listed debts were discharged by operation of law. In addition, her reduced his child support arrearage by more than $12,000.00, and joined a debt consolidation plan to resolve his current indebtedness. However, Applicant's criminal conduct and personal conduct have no been mitigated by his favorable character evidence. Clearance is denied.


Guideline B

03/16/2007

The Board has clearly explained why statutory language from 50 USC which is expressly self-limiting to another context does not apply to these proceedings. Given the sparse record, the Judge's whole-person analysis fails to demonstrate that Applicant has met his burden on appeal. Favorable decision reversed.


Guideline F

03/16/2007

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


Guideline J

03/16/2007

Guideline JA Judge is not required to discuss every piece of evidence. The Board does not have authority to grant waivers to 10 USC 986. Adverse decision affirmed.


Guideline E; Guideline J

03/16/2007

Without a showing of identifiable prejudice to the appealing party, delay in the processing of a case does not warrant a finding of error. No one has a right to a security clearance. Adverse decision affirmed.


Criminal Conduct

03/15/2007

Applicant and three others robbed a jewelry store 29 years ago. Applicant was incarcerated for six years. While incarcerated, he obtained two college degrees and is a few hours short of obtaining a third degree. Since his release, he has been gainfully employed. The crime is not recent, his changes in lifestyle makes it unlikely the factors leading to the violations are likely to recur and there is clear evidence of successful rehabilitation. Taken together, Applicant has presented sufficient evidence to mitigate his 1977 arrest and conviction. However, 10 U.S.C. § 986 directs Applicant cannot have a clearance without a waiver being granted. Because Applicant was incarcerated for six years, clearance is denied. Denial is solely based on 10 U.S.C. § 986.


Criminal Conduct; Personal Conduct

03/15/2007

This 49 -year-old software engineer committed three crimes (two drug-related, in 1994 and 2004 and one for spousal abuse in 1994. He also knowing omitted any mention of the 1994 drug arrest in his 2003/2004 security clearance application, in violation of 10 U.S.C. 1001, a felony. Mitigation has not been adequately established. Clearance is denied.


Financial; Criminal Conduct

03/15/2007

Applicant had seven delinquent debts totaling approximately $28,000. One creditor cannot locate any delinquent debt and Applicant awaits a response for another creditor. He has paid the other five debts. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his financial considerations. However, Applicant set fire to his home resulting in the death of his wife and stepdaughter. The record evidence is insufficient to mitigate or extenuate the negative security implications related to his criminal conduct. Clearance is denied.


Financial

03/15/2007

The Applicant's past due debts are directly or indirectly attributed to an "unexpected medical emergency," a heart attack and a subsequent stroke. However, she has offered little to show she has addressed any of her admitted past due debts. The Applicant's excessive indebtedness has not been mitigated. A determination of trustworthiness and access to personal sensitive information is denied.


Financial; Personal Conduct

03/15/2007

This 30-year-old employee has a history of 12 delinquent debts that began in 2000 and continue to the present. The debts cited in the SOR total more then $27,000 and more debts were admitted at the hearing. Applicant falsified his Public Trust Position Application by citing only one delinquent debt and intentionally omitting those cited in the SOR. Some reimbursement has been made through garnishment, and Applicant has retained an attorney to file for bankruptcy protection. Numerous fellow employees and others are consistent in averring that Applicant is a man who can be trusted to protect classified information. Applicant is on the path to financial rehabilitation. Adequate mitigation has been established. Eligibility for Trustworthiness Determination is granted. Clearance is granted.


Financial

03/15/2007

Applicant has a history of failing to meet her financial obligation preceding the submission of her Questionnaire For Public Trust Positions submitted in August 2004. As of the date she answered her Statement of Reasons in January 2007, she had nine delinquent debts exceeding $37,000.00, raising financial considerations concerns. She offered no evidence mitigating this concern. Eligibility for assignment to public trust position is denied.


Financial; Personal Conduct

03/15/2007

Applicant is a 35-year-old welder who works for a federal contractor. From approximately 1996 to the present, Applicant accumulated about $14,000 in delinquent debt, including unpaid judgments. To-date, the debts remain unresolved. In 2002, he was denied a security clearance based on security concerns raised under financial considerations and other guidelines. When he completed his recent security clearance application, he did not disclose the denial and the delinquent debts. He failed to mitigate the security concerns raised by financial considerations and personal conduct. Clearance is denied.


Financial

03/15/2007

Applicant has a history of failing to meet her financial obligations preceding the submission of her September 2004 security clearance application. As of the date she answered the SOR in July 2006, she had seven delinquent accounts exceeding $68,900.00, raising financial considerations concerns. Although she was able to mitigate four of the debts alleged, she was unable to mitigate the remaining three debts exceeding $56,600.00. Clearance is denied.


Criminal Conduct

03/15/2007

Applicant was convicted of aggravated vehicular homicide in 1983, and he served 18 months in prison. After his release, he progressed from menial jobs to a responsible position with a defense contractor. While working full time, he attended college at night, obtaining a bachelor's degree and a master's degree. He is a devoted father, deeply involved in 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.


Guideline J; Guideline F

03/14/2007

The Board cannot consider new evidence on appeal.


Foreign Influence

03/12/2007

The Applicant's father is a citizen of the People's Republic of China (China), but he lives with the Applicant. The remainder of the Applicant's immediate family and his brother are all American citizens. His in-laws are citizens of China and reside there. They are not agents of the Chinese government, or in a position to be exploited by that government. The Applicant can be expected to resolve any conflict of interest in favor of the U.S. interest. He is knowledgeable about his security responsibilities, and shows that he can fulfill them. Sufficient mitigation is shown. Clearance is granted.


Guideline E; Guideline F

03/12/2007

The Judge's adverse decision under Guideline E merely states that Applicant knowingly falsified material facts on his security clearance application by answering "no" to questions 38 and 39. There is record evidence not cited by the Judge which undermines his statement with regard to some of Applicant's debts. Adverse decision remanded.


Guideline B; Guideline C

03/12/2007

The Judge's whole person analysis relied on numerous unchallenged findings of fact. Given the totality of facts and circumstances the Judge's favorable security clearance decision is not arbitrary capricious or contrary to law. The Judge analysis of mitigating conditions under Guideline B contains problematic statements of law including Board precedent.


Guideline G; Guideline F; Guideline E

03/09/2007

The challenged findings are either permissible characterizations or harmless error. An applicant's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate error. The Judge's finding of deliberate falsification is sustainable. Adverse decision affirmed.


Guideline F

03/09/2007

The challenged findings of fact are supported by substantial record evidence. The Judge reasonable explained why the mitigating evidence was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Guideline F

03/08/2007

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


Guideline F

03/08/2007

The Board does not review cases de novo. Adverse decision affirmed.


Guideline F

03/05/2007

The Judge's two erroneous factual findings are harmless. Applicant has not demonstrated that the Judge's adverse conclusion is erroneous.


Guideline B; Guideline C

03/05/2007

Department Counsel is persuasive that the Judge erred to the extent that his findings of fact do not discuss the terrorist groups which operate in Jordan. The Judge's new whole person discussion requires more analysis. Favorable decision remanded.


Guideline F

03/02/2007

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


Guideline J; Guideline H; Guideline F; Guideline E

03/02/2007

The application of the disqualifying and mitigating conditions and whole person factors does not turn simply on a finding that one more applies to the particular facts of a given case. The favorable evidence cited by Applicant is not sufficient to prove that the Judge's ultimate decision is not sustainable. Adverse decision affirmed.


Alcohol; Criminal Conduct

03/01/2007

The Applicant had two Driving Under the Influence arrests. One occurred in 2002 and the other in 2005. Based on his history, they are an aberration and not indicative of a pattern. He has taken full responsibility for his actions, and has taken steps to make sure that such acts do not occur in the future. He presents a considerable amount of mitigating evidence that show support for his request for access to classified information. The Applicant has mitigated the case against him. Clearance is granted.


Guideline F

03/01/2007

Decisions of Administrative Judges are not held to a standard of perfection. The failure of a Judge to consider important aspects of the case is error. The Board does not conclude that Guideline F, mitigating condition 3 could not be applied as a matter of law. However, the Judge's application was too narrow. The Judge's analysis under mitigating condition is flawed. The Judge's analysis under mitigating condition was error. The errors are not harmless. Favorable decision remanded.


Foreign Preference; Foreign Influence

02/28/2007

The Applicant has initiated the renunciation of his Israeli citizenship, and has surrendered his Israeli passport. The Applicant's mother, two sisters, a brother, and in-laws are citizens of and reside in Israel. However, his wife, three children, and 12 grandchildren, are all American citizens and reside in the U.S. His financial interests are also in the U.S. The Applicant has lived in the U.S. for over 40 years. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that he "will be placed in a position of having to choose between the interests of . . . [his foreign relatives] . . . and the interests of the U.S." Mitigation is shown. Clearance is granted.


Personal Conduct

02/28/2007

This 40-year-old security guard, who knowingly falsified three answers on his security clearance application (SF 86), has a history of financial problems that continue to exist. In addition, he was terminated from his employment in 2001 because he failed a random drug test. Mitigation has not been established. Clearance is denied.


Financial

02/28/2007

Applicant is a 53-year-old employee of a defense contractor who has incurred significant debt as a result of ill health, unemployment, divorce, and two separate legal custody issues. He filed for bankruptcy in 2002 and the bankruptcy court discharged the indebtedness in November 2002. He incurred debt after the bankruptcy. More recently his salary and available income have improved. He has always paid his rent and is current on his bills. He has made good faith efforts to resolve the debt. His continuing efforts to resolve his past financial obligations have sufficiently mitigated the trustworthiness concerns raised under financial considerations. Applicant’s eligibility for a trustworthiness position is granted.


Criminal Conduct; Personal Conduct; Sexual Behavior

02/28/2007

Applicant mitigated criminal conduct allegation of child neglect in 1974 because of the passage of time but failed to mitigate a 2006 conviction after a plea of nolo contendere for Indecency with a Child-Sexual Contact. He denies doing anything inappropriate but conviction followed his plea of nolo contendere. He also failed to mitigate personal conduct allegation for failure report the 2003 charge and arrest on his security clearance application (SF 86) at Question 23 concerning pending charges filed in 2004. At that time he had been in court at least once during the past eight months on the pending charge. Clearance is denied.


Guideline H; Guideline J Guideline E

02/28/2007

In DOHA proceedings, the Federal Rules of Evidence serve only as a guide. They may be relaxed by the Judge in order to permit the development of a full and complete record by the parties. The DOHA process encourages Judges to err on the side of initially admitting evidence into the record, and then to consider a party's objections when deciding what weight to give to that evidence. DOHA proceedings are conducted before impartial, professional fact-finders, there is less concern about the prejudicial effect of specific items of evidence than there is in proceedings conducted before a lay jury. The document at issue was relevant in evaluating possible mitigation of the trustworthiness concerns raised by Applicant's drug-related conduct. It is understandable that Department Counsel would want an opportunity to cross examine the psychiatrist. The Board concludes that there is no reason to believe that Applicant was attempting to obtain an unfair advantage. The Judge should have admitted the document into evidence, and then considered Department Counsel's objection in deciding what weight should be given to the exhibit. Having denied admission of the document, it was arbitrary and capricious for the Judge to then rely on part of it in reaching his conclusions. The error is not harmless and no argument has been presented to sustain the decision on other grounds. The case is remanded to the Judge with instruction that he reopen the record, admit Applicant's Attachment 1 into evidence, allow Department Counsel the opportunity to submit rebuttal evidence, and allow both parties the opportunity to submit additional arguments.


Guideline E

02/28/2007

The essence of Guideline E is not criminality the criminality of the conduct as such, but the extent to which Applicant has engaged in conduct "involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty." Given the record in this case the Board concludes that the Judge's adverse findings are reasonably supported by the evidence." Adverse decision affirmed.


Foreign Preference; Foreign Influence

02/27/2007

The Applicant has renounced her Serbian citizenship, and has surrendered her Serbian 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's father and two brothers are citizens of and reside in Serbia. None of the Applicant's immediate family have a connection with the Serbian government or with any other government. Furthermore, the Applicant is not subject to coercion vis-a-vis these foreign relatives. Mitigation is shown. Clearance is granted.


Criminal Conduct

02/27/2007

This 50-year-old systems engineer was court-martialed in1976, when he was 20, but went on to receive an Honorable discharge after six years of meritorious service in the Air Force. In 1982, he was charged with battery, but the case was dismissed after he attended anger management classes. In 1994, his unhappy wife filed a complaint for sexual battery, but no formal charges were ever filed. In 2002, complaints from the same wife led to the filing of "Threaten Crime/Intimidate/Terrorize" charges. He was allowed to plead to misdemeanor Stalking charges. Overall, the Government's evidence was outweighed by Applicant's explanations and documentation. Mitigation has been established. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct; Criminal Conduct

02/27/2007

Applicant served with distinction as an Arabic language interpreter and translator in Afghanistan and Iraq. While he mitigated Guideline C security concerns, he failed to mitigate security concerns under Guidelines B, E, and J. Clearance is denied.


Financial; Personal Conduct

02/27/2007

Applicant had seventeen alleged delinquent debts listed on her Statement of Reasons (SOR). The SOR debts initially became delinquent because of her unemployment in 2004. She agreed that she was responsible for five of the SOR debts. She made two or three payments in July-August 2006 on each of the five debts, however, she did not pay anything towards these five SOR debts during the five months preceding her hearing. She did not establish sufficient efforts to resolve her delinquent debts. Her false answer on one question on her Questionnaire for Public Trust Positions concerning delinquent debts was not deliberate. She did not intend to deceive the Government. She mitigated concerns about personal conduct, but not financial considerations. Clearance is denied.


Financial

02/27/2007

Applicant is 37 years old and has worked for a federal contractor since 1998. She was recently promoted to assistant manager in her division. Applicant was in an abusive marriage where her husband controlled the finances. She was reluctant to purchase a second house, but acquiesced. They divorced and the house was not addressed in the settlement. Her ex-husband does not plan on paying the defaulted loan. Applicant has attempted to resolve it to no avail. Applicant pays her bills on time, has no other financial issues and is a valued employee. Applicant has mitigated the security concerns raised under Guideline F, financial considerations. Clearance is granted.


Financial

02/27/2007

Applicant is a 36-year-old employee of a defense contractor who has longstanding delinquent debt totaling $25,484. he has not made good faith efforts to resolve the debt despite his promises. He has failed to mitigate the trustworthiness concerns raised under financial considerations. Applicant's eligibility for a trustworthiness position is denied.


Guideline J

02/27/2007

The Judge found that Applicant served five and one-half years confinement for killing his former girlfriend. The Judge concluded the case falls within the scope of 10 USC §986. Adverse decision affirmed.


Financial; Personal Conduct

02/27/2007

Applicant's history of not meeting financial obligations has been mitigated by: (1) filing his state tax return for 1999 to obtain an accurate tabulation of how much tax he owed; (2) beginning to repay several of his unlisted debts almost 18 months before he received the Statement of reasons; and, (3) reducing his listed debt obligation by more than 50%. Though Applicant omitted material information from his security form in may 2004, I find he did not do so deliberately. Clearance is granted.


Financial

02/27/2007

Since 1998, a substantial amount of Applicant's financial debt has been for medical complications developing after the births of her four children. In June, 2003, a judgment was filed against her for defaulting on a car loan. Additionally, there have been child support problems. However, during a period of employment between November 2003 and January 2006, Applicant could have taken steps to repay some of her creditors. Her inaction grounds a finding against her under the financial guideline. Clearance is denied.


Guideline F; Guideline E; Guideline J

02/27/2007

Applicant's brief contains no assertion of harmful error. The Board cannot consider new evidence on appeal. Adverse decision affirmed.


Guideline G; Guideline J; Guideline E

02/27/2007

A Judge can find an has engaged in criminal conduct even if the criminal charges against Applicant were dropped or dismissed. The Board has previously noted that there may be circumstances where a Judge has sound reasons not to rely on an applicant's uncorroborated testimony. Adverse decision affirmed.


Financial

02/26/2007

Although Applicant has been making regular payments of $215.00 a month since December 2003 to satisfy her federal tax lien, that record of payments and documented evidence of an offer to settle another debt does not meet Applicant's ultimate burden of persuasion under the financial considerations guideline. Eligibility for assignment to a sensitive position is denied.


Financial

02/26/2007

Applicant is a security guard for a defense contractor. His debts were discharged by Chapter 7 bankruptcies in 1998 and 2004. He filed for a Chapter 13 bankruptcy in 2005, but that petition was dismissed for Applicant's failure to make the appropriate payments to the bankruptcy trustee. He has six delinquent debts that he made no effort to resolve. Applicant has not mitigated security concerns for financial considerations. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

02/26/2007

Applicant has a history of financial problems, to include judgments, delinquent accounts, and an unresolved federal tax liability for more than $40,000 for tax year 2001. When he completed a security-clearance application in June 2004, he did not disclose his IRS debt even though he was aware of his tax liability since 2002. Clearance is denied.


Personal Conduct, Criminal Conduct, Drugs

02/26/2007

In December 2002, at age 46, Applicant started using cocaine. The police arrested him in February 2004 for driving under the influence (DUI) and possession of a controlled substance, his first arrest. The court dismissed the drug charges, convicted him of DUI, and sentenced him as a first time offender. He has mitigated the government's security concerns about his drug involvement and criminal conduct. He, however, has not mitigated the government's security concerns about his personal conduct because he intentionally falsified his re-submitted security clearance application to reflect his drug usage and arrest. Clearance is denied.


Foreign Influence, Foreign Preference; Personal Conduct; Criminal Conduct

02/26/2007

Applicant did not respond truthfully to questions on two Security Clearance Applications. She also made false, material misrepresentations in a signed, sworn statement she gave to the Defense Security Service (DSS). Clearance is denied.


Financial; Personal Conduct

02/22/2007

As a divorced single mother with two young children, Applicant encountered financial problems which led to Chapter 7 bankruptcy in April 1995. In 2003, she encountered financial problems again after an automobile accident prevented her from working for one year. She incurred 14 delinquent debts totaling $12,211. Applicant's step-father helped her with her financial affairs. She has paid off most of the debt. The debts remaining are medical accounts where the creditor was not identified on the credit report and could not be located. She made a good faith effort to resolve her accounts. The omission of her delinquent debts on her trustworthiness application was not intentional. She has mitigated the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for a assignment to a sensitive position is granted.


Financial

02/21/2007

Applicant is a 49-year-old aircraft maintenance mechanic who has worked for a federal contractor since January 2005. He was unemployed for a period of time and accumulated delinquent debts. He has not taken any action to pay, research, dispute or otherwise resolve his delinquent debts. Applicant failed to mitigate the security concerns raised under Guideline F, financial considerations. Clearance is denied.


Foreign Influence

02/21/2007

The Applicant's 80 year old brother retired from the Taiwanese navy 25~30 years ago. Their relationship is not close, as his brother is 26 years older than the Applicant. The Applicant has seen his brother only occasionally, when he has visited Taiwan. The Applicant also visited China on one occasion in 1999, on behalf of his U.S. company. His family connections, a spouse, two children, and a sister, are in the U.S. His financial interests are also in the U.S. Those who know and work with the Applicant think highly of him. As the Applicant has "longstanding relationships and loyalties in the U.S.," it is unlikely that he "will be placed in a position of having to choose between the interests of . . . [his brother] . . . and the interests of the U.S." Mitigation is shown. Clearance is granted.


Financial; Personal Conduct

02/21/2007

Applicant has a lengthy delinquent debt history that was aggravated by reduced medical coverage and subsequent medical bills she incurred in 2004 after the birth of her child. However, without even a plan to eliminate the debt, the unanticipated incidents in 2004 do not warrant a finding in Applicant's favor under the financial guideline. In addition, Applicant's deliberate omission of her old debts has not been mitigated either. Eligibility for assignment to a trustworthiness position is denied.


Financial; Personal Conduct

02/21/2007

Applicant incurred approximately $11,944 in delinquent debt, for which she has no payment plan in place. She intentionally falsified one answer on her public trust application. She has failed to mitigate the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for a trustworthiness position is denied.


Financial; Personal Conduct; Criminal Conduct

02/21/2007

Applicant had four debts alleged in the statement of reasons (SOR). Her debt problems resulted primarily from two divorces and the failure of her former spouses to provide adequate financial support to her and her two children. She received financial counseling. She paid one debt. Collection of her three remaining delinquent SOR debts is barred by the 3-year South Carolina statute of limitations for such debts. However, in 2004, she deliberately failed to disclose her delinquent debts on her Questionnaire for Public Trust Positions (Standard Form (SF) 85P). She has mitigated concerns about financial considerations, but not her personal conduct or criminal conduct. Eligibility for an ADP I/II/III position is denied.


Financial; Personal Conduct; Criminal Conduct

02/21/2007

Applicant did not give a deliberately false answer in response to a question about her financial record. Also, she mitigated her history of financial problems based on: (1) circumstances largely beyond her control that contributed to her financial problems; and (2) her good-faith efforts to pay or otherwise resolve her bad debts. Eligibility is granted.


Drugs

02/21/2007

Between 1998 and March 2005, Applicant sporadically smoked marijuana cigarettes provided to him by family members or friends. When he and his wife renewed their marriage vows in March 2005, he promised not to smoke marijuana in the future, a promise he has kept. He does not intend to smoke marijuana or use any other drugs in the future. He has mitigated the government's concerns under Guideline H. Clearance is granted.


Criminal Conduct

02/21/2007

Applicant is 53 years old and has worked for a federal contractor since 1986. He has held a top-secret security clearance since 1995. Applicant had numerous criminal arrests and convictions in the 1970s. He served over a year in prison for burglary from 1972-1973. Applicant used marijuana regularly from the 1970s up to 1994, including while he was holding a confidential security clearance. He no longer uses drugs. His criminal conduct is mitigated by time. However, in accordance with 10 U.S.C. 986, Applicant cannot be granted a security clearance. Clearance is denied.


Guideline F

02/21/2007

The level of clearance sought is not a material issue in DOHA proceedings. The presence of some mitigating evidence does not compel a Judge to issue a favorable security clearance decision.. Adverse decision affirmed.


Guideline H; Guideline J; Guideline G; Guideline E

02/21/2007

The Judge's challenged finding of fact is sustainable. Applicant's disagreement with the Judge's application of the mitigating conditions is not sufficient to demonstrate error. The doctrine of ineffective assistance of counsel does not apply in DOHA proceedings which are civil in nature. Adverse decision affirmed.


Alcohol; Personal Conduct; Criminal Conduct

02/21/2007

Applicant has been arrested six times for alcohol-related incidents since 1987, including for DUI in October 2005. Alcohol consumption and criminal conduct concerns persist because he has made little change in his drinking behavior, and has violated the law by driving after his license was suspended following the latest DUI. Personal conduct concerns also exist because he married his third wife in December 1998 before he was divorced from his second wife. Clearance is denied.


Drugs

02/20/2007

Applicant was unable to overcome security concerns raised by his 28-year admitted use of marijuana. Clearance is denied.


Financial

02/20/2007

Applicant is a 47-year-old engineer who has worked for a federal contractor since October 2004. From 2002 to October 2004, he was unemployed and underemployed. This caused him to use credit cards to meet the needs of his large family. In December 2004, his daughter was diagnosed with cancer, and in March 2005, he was diagnosed with a serious medical condition. All of these events seriously affected Applicant's finances. He reaffirmed his credit card debts and intends on repaying them. He cut all unnecessary expenses, such as cable television, a home phone, and reduced other expenses. Applicant is working on a plan to either sell his house and use the equity to repay the debts or take a personal loan from a relative. Applicant has mitigated the security concerns raised by Guideline F, financial considerations. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

02/20/2007

Applicant has 11 delinquent debts, an approximate total of $48,819, including a $25,000 judgment entered against him in October 2002. His financial situation, his deliberate omission of his judgment and delinquent debts on his security clearance application, and past criminal conduct raise security issues under the Financial Considerations, Personal Conduct, and Criminal Conduct. He has failed to mitigate the security concerns. Clearance is denied.


Drugs

02/20/2007

Applicant's use of marijuana on two occasions, once in 2001, and again in 2004, after having completed a security clearance application has been mitigated. He has not used marijuana for the last three years and has demonstrated the he will not use marijuana in the future. Clearance is granted.


Drugs

02/20/2007

After holding a security clearance for many years, Applicant became addicted to cocaine during an eight-month period. He disclosed his addiction to his facility security officer, and he voluntarily entered and completed a drug abuse treatment program. His treatment team gave him a good prognosis for remaining drug-free. He has mitigated the security concern based on drug involvement. Clearance is granted.


Financial; Personal Conduct

02/20/2007

Applicant is a 37-year-old special police officer employed by a federal contractor. She accumulated delinquent debts while rasing four children as a single person. She changed jobs to get more income, but some jobs provided no medical insurance. She paid down 62% of her debts. She also partially answered a question and gave a false answer on another question on a security clearance application, but did not intentionally try to mislead the government. She successfully mitigated security concerns about financial considerations and personal conduct. Clearance is granted.


Financial; Personal Conduct

02/20/2007

Applicant is a 32-year-old employee of a federal contractor. His outstanding indebtedness has remained for up to four to six years. He and his wife had a small business failure, his wife lost her job due to medical reasons, and a family member was killed, and they made a decision to move to help the widow and two children. He is not making progress on resolving this old indebtedness. He did not deliberately falsify answers on a security clearance application. He successfully mitigated security concerns involving financial considerations and personal conduct under the whole person concept. Clearance is granted.


Financial

02/20/2007

Applicant, who has a history of financial delinquency since the early 1990s, was granted a Chapter 7 bankruptcy discharge of $37,969.53 in unsecured debt in July 2005. He failed to make payments on a car loan debt reaffirmed in the bankruptcy, and the vehicle was repossessed in August 2005. Financial considerations are unmitigated where he waited until June 2006 to contact the creditor about repayment and is still negotiating with the creditor on repayment terms that he can afford. Clearance is denied.


Guideline E; Guideline J

02/20/2007

The Board may not consider new evidence on appeal. Applicant's statement about his intent and state of mind when he prepared his security clearance application were relevant evidence but not binding on the Judge. Mere disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate that the Judge erred. Adverse decision affirmed.


Guideline B; Guideline C; Guideline E

02/20/2007

The disqualifying and mitigating conditions do not exhaust the realm of human experience. The mere presence or absence of any particular condition does is not necessarily dispositive in a case. It was not error for the Judge to analyze Applicant's case under the concern section of Guideline E. Adverse decision affirmed.


Guideline B

02/20/2007

Government Exhibit 7 is a statement before the Senate Armed Services Committee by the Director of Defense Intelligence Agency. The Administrative Judge declined to take official notice of Exhibit 7 because he was not persuaded that it reflected the official position of the United States and was not sufficiently relevant to be helpful. For the reasons discussed this decision was error. On remand the Judge should take notice of Exhibit 7 the document and permit Department Counsel to offer Exhibits 6, 8, 9 and give Applicant the opportunity to offer objections and any rebuttal evidence. Favorable decision remanded.


Guideline L; Guideline E; Guideline J

02/20/2007

The Board has examined the record and finds no basis to conclude that Applicant was denied his due process rights. Adverse decision affirmed.


Mental

02/20/2007

The Applicant suffers from a Bipolar Disorder, manic depression, for which he was last hospitalized in 1994. He has been compliant with his medication since this last hospitalization. His Psychiatrist avers that the Applicant is stable and does not pose a security risk. His Treating Psychologist echos this view; and as a result, is ceasing his treatment of the Applicant. The Government Psychologist, who last saw the Applicant in April of 2004, avers the Applicant was stable and complying with his medication. Those who know the Applicant, to include two retired Air Force Colonels, recommend him for a security clearance. Mitigation is shown. Clearance is granted.


Alcohol; Criminal Conduct

02/16/2007

Applicant's alcohol abuse--punctuated by alcohol-related arrests in September 1997, January 2000, and April 2004--was not mitigated because Applicant demonstrated little insight into his alcohol abuse. He resumed drinking after the alcohol counseling/treatment that was ordered following each of his arrests. Clearance denied.


Financial

02/09/2007

This 28-year-old software engineer has a history of financial problems that remain current, with close to $29,000 in delinquent debts. There has been minimal repayment of her debts, with only two small debts being paid off. Mitigation has not yet been adequately established. Clearance is denied.


Financial; Personal Conduct

02/09/2007

Applicant failed to mitigate financial considerations security concerns arising from delinquent debts of $62,000 including a repossession of $57,000 by failing to resolve the debts or make any concrete efforts pay them. While he recently engaged the services of a credit counselor the action was too late with little effect. He did mitigate personal conduct allegations for failure to report delinquent debts on his SF 86 by a showing of confusion and lack of experience with the application process. Clearance is denied.


Guideline C; Guideline B

02/08/2007

The Federal Rules of evidence serve only as a guide. They may be relaxed by the Judge in order to permit the development of a full and complete record by the parties. Official notice in administrative proceedings is broader than judicial notice. The DOHA process encourages Judges to err on the side of admitting evidence into the record, and then to consider a party's objections when deciding what weight to give to it. There is less concern about prejudicial effect of specific items of evidence than in judicial proceedings conducted before a lay jury. Citation to a court decision is generally permissible. However, DOHA decisions are about the security suitability of the Applicant in the given case. Judges and parties are cautioned against reaching too far when they cite to the legal outcome of another person's case or the conduct of a person not before DOHA. Court decisions evidencing a single, anecdotal, incident of espionage on behalf of a foreign country, are not particularly probative as to the overall political and intelligence profile of that country vis-a-vis the United States. Therefore, such documents should be accorded considerably less weight than official executive branch documents and reports describing the political and intelligence profile, or the human rights record, of a foreign country. Adverse decision affirmed.


Guideline F; Guideline J

02/08/2007

Applicant's claim that he was denied due process because he represented himself inadequately at the hearing is not persuasive. Adverse decision affirmed.


Guideline K; Guideline E

02/08/2007

The totality of facts and circumstances in this case make it difficult for the Board to conclude with confidence that Applicant was reasonably in a position to represent himself at the hearing. The Judge failed to preserve the record . Adverse decision remanded.


Financial

02/07/2007

Applicant, a highly regarded claims analyst for a defense contractor who accumulated a number of delinquent debts while involved in a strained relationship with a former fiancé, has since reaffirmed her debts (many of which are potentially barred by pertinent statutes of limitation), undertaken retraining efforts to supplement her income, and agreed to a debt consolidation program that is designed to repay her debts within four years time. Applicant is highly regarded by her friends and colleagues who admire her honesty and trustworthiness. Her efforts to supplement her income and repay her debts reflect important behavioral changes that make recurrent financial problems unlikely. Eligibility for an ADP I/II/III position is granted.


Financial; Personal Conduct

2/07/2007

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 September 9, 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.


Financial

02/07/2007

Applicant's financial problems raise security concerns because of her persistent unresolved financial issues with delinquent debts totaling over $30,000, including uncontested debts of almost $25,000. While she filed twice for protection under Chapter 13 of the bankruptcy laws in 2001 and again in 2002, each time she failed to make payments in accordance with the plan; and the bankruptcy was dismissed. While she claims to have resolved her student loan delinquencies, she has numerous other debts and a judgment which remain unresolved. Also, she failed to show how the many unfortunate events between 1997 and 2004 were conditions largely beyond her control linked to specific delinquent debts. She failed to establish sufficiently a good-faith effort to reform her financial practices and an ability to live within her means. Clearance is denied.


Drugs; Alcohol; Criminal Conduct

02/07/2007

Applicant is a 24 year old engineer who has worked for a federal contractor since graduating from college in 2004. While in college he used drugs and shortly after completing college he was arrested for operating a vehicle under the influence of alcohol. He pled to a lesser offense, paid a fine, attended a first offender course and completed probation. He has learned his lessons from his youthful indiscretions and has not used drugs since college, nor been involved in any other criminal incidents. He volunteers his time mentoring a high school student to help him not make the same mistakes he did. Applicant has mitigated the security concerns raised under Guideline H, drug involvement, Guideline G, alcohol consumption, and Guideline J, criminal conduct. Clearance is granted.


Financial

02/06/2007

Applicant has approximately $12,500.00 in unsecured debt that has been past-due for many years. There is little to no chance she will be in a position to satisfy this debt anytime soon. Clearance is denied.


Guideline F; Guideline E

02/06/2007

The Judge was not required to view Applicant's uncorroborated assertions as conclusive. A decision in another DOHA Hearing Office case does not demonstrate error in this case. Adverse decision affirmed.


Guideline B; Guideline C

02/06/2007

The Judge erred by not applying Guideline B, disqualifying condition 2. The Judge erred by applying Guideline B, mitigating condition 5. The Judge's whole person analysis is flawed in that it does not address Applicant's failure to meet his burden of persuasion. Favorable decision reversed.


Guideline F; Guideline E

02/06/2007

The Judge's findings are supported by substantial record evidence. The Board cannot consider new evidence on appeal. There is a rebuttable presumption that the Judge considered all the record evidence. Adverse decision affirmed


Guideline B

02/02/2007

The Board may not consider new evidence on appeal. The Board does not measure Hearing Office decisions against a standard of perfection. In light of the uncontested findings of fact, there is not a significant chance that the Judge would have reached a different result with a more explicit whole person analysis. Adverse decision affirmed.


Financial

01/31/2007

Applicant has approximately $30,000.00 in unsecured debt that has been past-due for many years. There is little to no chance she will be in a position to address this debt anytime soon. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

01/31/2007

Applicant's persistent difficulties involving her former husband's failure to live up to his financial agreements furnish appreciable extenuation for her debts. In addition, 10 of the 13 financial obligations are no longer actionable under the state statute of limitations. Applicant has satisfied one of the three judgments, and has demonstrated her commitment to settle the other two judgments totaling about $6,600.00. The omission of certain material debt information from her security form has also been mitigated as there is insufficient evidence to conclude Applicant deliberately omitted the information. Eligibility for assignment to a public trust position is granted.


Financial; Criminal Conduct; Alcohol; Personal Conduct

01/31/2007

Applicant's two arrests in January 2004, raised trustworthiness concerns under criminal conduct and alcohol consumption. These incidents occurred in the midst of a contentious divorce. The divorce and a five month period of unemployment caused financial problems. Applicant resolved her delinquent accounts from money received from her father's estate after his unexpected death in July 2006. Applicant has significantly reduced her drinking and has had no further alcohol-related incidents. She did not deliberately falsify her trustworthiness application. She mitigated the concerns raised under financial considerations, criminal conduct, alcohol consumption, and personal conduct. Applicant's eligibility for a assignment to a sensitive position is granted.


Foreign Preference; Foreign Influence

01/31/2007

Applicant is 43 years old and has worked for a federal contractor since 2003. He was born in Taiwan and became a naturalized U.S. citizen in 2003. He renounced his Taiwan citizenship and surrendered his Taiwanese passport. He has not exercised any rights as a Taiwan citizen since becoming a U.S. citizen. Applicant has family members who are citizens and residents of Taiwan. After analyzing all of the facts and considering the whole person, Applicant has mitigated the security concerns under Guideline C, foreign preference and Guideline B, foreign influence. Clearance is granted.


Criminal Conduct

01/31/2007

Applicant is 49 years old and employed by a defense contractor as an electrician. He was arrested and charged with fraud in 1993. In January 1994, he was found guilty of conspiracy to launder money and sentenced to 33 months in prison. He was incarcerated from January 1994 to March 1995, at which time he was placed on supervised release. Applicant is disqualified from holding a security clearance based on his incarceration for more than a year. Clearance is denied.


Financial

01/31/2007

Both state and federal tax authorities have placed liens against Applicant due to delinquent income taxes. In addition, Applicant has nine unpaid accounts in a collection or charged-off status. Applicant failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the concerns under Guideline F for financial considerations. Eligibility is denied.


Financial

01/31/2007

Forty-two-year-old Applicant had seven alleged debts listed in the statement of reasons (SOR). Her debt problems resulted from several leaves without pay that she used to care for her children, mother and father. She disputed one SOR debt for $72. She settled and paid the only SOR debt within the 3-year South Carolina statute of limitations for debts. She currently has no legally enforceable, delinquent debts. She is receiving financial counseling. For the last three years, except for a cell phone debt which she recently paid, she has been financially responsible. She has mitigated concerns about financial considerations. Eligibility for an ADP I/II/III position is granted.


Foreign Preference; Foreign Influence

01/31/2007

Applicant, a 50-year-old engineer, was born in Iran. He became a naturalized U.S. citizen in 1986. He visited Iran in 1995 and 1997 and used his Iranian passport instead of his United States passport. He continued to posses the passport after it expired in 2002. His sister is a citizen and resident of Iran. Applicant has not presented evidence indicating whether she has any connection or association with the Iranian government, whether she is an agent of a foreign government, or whether she is in a position to be exploited by a foreign government. His sister's residence and citizenship in Iran constitutes an unacceptable security risk. Under the facts herein, the Government's security concerns are not mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

01/31/2007

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


Financial

01/31/2007

Thirty-four-year-old Applicant had six alleged debts listed in the statement of reasons (SOR). Her largest SOR debt was settled and paid, and two other SOR debts were paid in full. Two SOR debts were duplications, and she is making payments on her remaining SOR debt of approximately $2,000. She currently has no legally enforceable, delinquent debts. Her debt problems resulted from separation from her husband, and assistance she provided to her parents, who were ill. For the last four years she has shown her financial responsibility by not generating any new delinquent debt. She has mitigated security concerns about financial considerations. Eligibility for an ADP I/II/III position is granted.


Financial

01/31/2007

Applicant accumulated delinquent debts between 1999 and 2003. His inability to repay the debts arose largely from circumstances beyond his control, including periods of unemployment in 2001, 2002, and 2003. Since obtaining his current job, he has paid more than $6,700 on his student loan obligation. Applicant has mitigated the security concerns arising from his financial difficulties. Clearance is granted.


Financial

01/31/2007

Applicant has about $20,000 in delinquent debt on 15 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

01/31/2007

Applicant is a highly regarded claims associate for a defense contractor who accumulated a number of delinquent debts following serious medical procedures with her husband and limited income to address her mounting medical and consumer debts. With little financial help from her husband and barely enough income to support her family, she has still been able to pay most of her debts, including her medically-related obligations. She is considered reliable and trustworthy by her friends and colleagues and has committed to paying her remaining debts when she can; even though most of her debts are barred by applicable statutes of limitation. Applicant's overall efforts in addressing her finances, family and professional responsibilities enable her to mitigate financial concerns. Eligibility for an ADP I/II/III position is granted.


Financial

01/31/2007

Applicant is a 37-year-old associate systems engineer working for a defense contractor. He had four alleged debts listed in the statement of reasons (SOR) totaling approximately $11,100. He began his debt repayment plan in 2005. He currently has no legally enforceable, delinquent debts. His debt problems resulted from medical emergencies and periods of unemployment. For the last two years he has shown his financial responsibility by not generating any new delinquent debt. Applicant has mitigated security concerns arising under financial considerations. Clearance is granted.


Financial, Personal Conduct

01/31/2007

Applicant accumulated delinquent debts between about 1997 and 2004. Circumstances beyond her control contributed to her delinquency, including her divorce, an automobile accident injury, lost wages, and being unable to find full time work. Applicant has paid off the majority of her debts. Applicant mitigated the security concerns arising from her financial difficulties and personal conduct. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

01/31/2007

Applicant has approximately 51 delinquent debts, an approximate total of $85,000. Much of the debt remains unresolved. He did not sufficiently explain his omission of his delinquent accounts, including judgments on his trustworthiness application. Criminal conduct concerns were raised based on this omission and his past criminal history. Concerns under financial considerations, personal conduct, and criminal conduct remain. Applicant's eligibility for a assignment to a sensitive position is denied.


Financial; Personal Conduct

01/31/2007

Due to an inability to pay her existing debts, Applicant obtained a Chapter 7 bankruptcy discharge in 1997. Thereafter, Applicant again incurred delinquent debts, which she has, for the most part, been unable to pay. Eligibility is denied.


Financial

01/31/2007

Applicant owed six delinquent debts totaling approximately $16,000. She has paid three of them and disputes the remaining three. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from her past due debts. Clearance is granted.


Foreign Preference

01/31/2007

Applicant is a dual citizen of the United Kingdom (U.K) and the United States (U.S.). She renewed her U.K. passport after becoming a U.S. citizen, used it twice, and intends to renew it again. She is not willing to surrender it. The security concern based on her possession and use of a foreign passport is not mitigated. Clearance is denied.


Financial

01/31/2007

Applicant is responsible for multiple financial delinquencies, some of which date to2000. She has not paid these debts, lacks the financial resources to do so, and has no plans in place to pay them. Applicant failed to mitigate Guideline F security concerns. Eligibility is denied.


Financial

01/31/2007

Applicant is a 52-year-old machinist employed by a defense contractor since June 2004. He has a history of not meeting his financial obligations. He has six outstanding debts totaling approximately $32,304, and $29,736 of that amount represents delinquent child support. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Financial ; Personal Conduct

01/31/2007

Twenty-seven-year-old Applicant had fifteen alleged delinquent debts listed on her statement of reasons (SOR), totaling $52,387. One debt was a duplication, and she disputed six debts. Others were less in magnitude than alleged. Twelve debts were not legally collectable because of the 3-year South Carolina statute of limitations. The SOR debts became delinquent between 1999 and 2004 primarily because of her husband's periodic unemployment. She did not establish sufficient efforts to resolve her delinquent debts. Her false answers on two questions on her Security Clearance Application concerning delinquent debts were not deliberate. She mitigated concerns about personal conduct, but not financial considerations. Clearance is denied.


Foreign Preference; Foreign Influence

01/31/2007

Applicant was born and raised in Taiwan, and served in the Taiwanese army to satisfy his mandatory service obligation. He came to the U.S. in 1988 and became a naturalized citizen in September 1994. Thereafter, he renewed his Taiwanese passport, and lived in Taiwan for two years as a dual citizen. His mother and siblings are citizens and residents of the U.S., however, his wife and father are citizens of Taiwan and permanent residents of the U.S. His spouse maintains contact with her family members, who are Taiwanese citizens. After initiation of this action, Applicant renounced his Taiwanese citizenship. Applicant failed to mitigate the security concerns arising from his close ties to Taiwan. Clearance is denied.


Drugs; Personal Conduct

01/31/2007

From 1998 to April 2005, Applicant used marijuana with varying frequency. In 2000, he also used cocaine, opium, and ecstasy at least once. In 2004, Applicant submitted an application for a security clearance in which he deliberately failed to disclose the above information. He failed to mitigate the drug involvement and personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

01/31/2007

Applicant has had ongoing financial problems since he was honorably discharged from the military in 1991. Instead of attempting to address his delinquent debts over the years, he has ignored them. In addition to the notice he was provided individually by the listed creditors, in December 2004 he was shown his credit report, and provided information regarding each creditor. Further, in April 2006 Applicant received additional indication the government was concerned about his overdue debts and judgments. In October 2006, Applicant made his first payment in a debt consolidation plan. Without a sustained record of repayments, Applicant's financial problems have not been mitigated. Applicant's deliberate omission of material information from his January 2004 security form represents poor judgment within the scope of the personal judgment guideline. Clearance is denied.


Foreign Influence; Foreign Preference

01/31/2007

Applicant, a dual citizen of the United Kingdom and the United States, is a retired officer of the Royal Australian Navy. His daughters live in Australia and Scotland, his sister lives in Australia, and his in-laws live in Canada. Applicant has used a British passport, which he has now surrendered, to travel to the United Kingdom and elsewhere. Applicant has mitigated the security concerns that existed. Clearance is granted.


Financial

01/31/2007

The Applicant was not responsible for the debts in the SOR becoming past due. His ex- wife was a bad money manager during the time he was deployed for the military, and she also fraudulently signed his name to several credit card applications. In their divorce, the ex-wife agreed to be solely responsible for paying the debts. The Applicant has acted responsibly under the circumstances, which are unlikely to recur, and do not cast doubt on his reliability, trustworthiness or good judgment. Clearance is granted.


Financial

01/31/2007

Applicant has failed to mitigate his history of financial irresponsibility. Clearance is denied.


Foreign Influence

01/31/2007

Applicant, a 52-year-old naturalized citizen of the United States, has been employed by the same defense contractor since 1992. He has held a security clearance since October 1996. The foreign influence concerns raised by Applicant's immediate family members' Lebanese residency, citizenship, and presence in Lebanon have been mitigated and do not pose a security risk. Also, Applicant's attitude and secure ties to the United States establish additional reason to conclude the foreign influence concerns have been successfully mitigated. Clearance is granted.


Foreign Influence

01/31/2007

Forty-two-year-old Applicant is a Russian-born, naturalized U.S. citizen, who has lived in the United States since 1989. She has substantially more connections to the United States than to Russia. Her mother, father and brother are Russian citizens and live in Russia. She has frequent, non-casual contact with them. Because of Russia's continuing efforts at espionage, there are enhanced security concerns. However under the "whole person" concept, she has mitigated security concerns pertaining to foreign influence because of her strong connections to the United States. Clearance is granted.


Financial

01/31/2007

Applicant mitigated financial security concerns arising from delinquent debts incurred during periods of family illnesses and marital problems with her former husband. She has disputed successfully three of the debts, resolved all but one of the remaining debts, and begun a payment plans on the last one. Clearance is granted.


Sexual Behavior

01/31/2007

Applicant's sexual behavior raised security concerns after he pleaded guilty plea in November 2000 to child molestation (2nd Degree) and Assault (3rd degree) in State #1 for an incident with his 12-year-old stepdaughter in September 1999. Subsequently, the court suspended imposition of sentence pending successful completion of two years of probation with special conditions, two days incarceration, counseling as directed, including sex offender therapy. The court required him to register as a sex offender under state law. While he completed the required therapy and probation in November 2002, it is still too recent to conclude he has mitigated security concerns. Further, he has only disclosed this matter to family, not his employer; so the potential for blackmail remains despite his long employment history. Clearance is denied.


Foreign Preference

01/31/2007

Applicant is an engineer working for a defense contractor. She was born in Israel to Israeli parents. She and her immediate family members became naturalized U.S. citizens in 1996, and are dual citizens of Israel and the U.S. She has current U.S. and Israeli passports. She used her Israeli passport to travel to Israel on multiple occasions. Applicant's renewal and use of her Israeli passport are an exercise of dual citizenship which raises security concerns under Guideline C, and violates a DOD memorandum. Clearance is denied.


Financial; Personal Conduct

01/31/2007

Applicant's accrual of $37,000 of financial delinquencies between 2000 and 2003, and his failure to be forthcoming about them on a subsequent security clearance application generate security concerns that he failed to mitigate. Clearance is denied.


Financial

01/31/2007

Applicant owes about $8,646 in delinquent debt, incurred after a bankruptcy discharge. He was unemployed for about a year when he had a sizeable child support obligation to repay, but financial considerations persist where he has made little effort to address these debts. Applicant has not adequately documented expenses that he maintains have prevented him from resolving these debts. Clearance is denied.


Financial; Personal Conduct

01/31/2007

Applicant's history of not meeting financial obligations has not been mitigated by his character evidence or his unpersuasive claim of being unaware he could negotiate a resolution to the delinquent student loans. Applicant's omission of federal and state taxes from question 22.b. of the Questionnaire for Public Trust Positions (SF-85P) in April 2004 was based on his good faith, though misplaced belief, that federal taxes are not federal obligations. While his belief was unreasonable given Applicant's age (51 years old) at the time he filled out the questionnaire, I find he did not deliberately omit material information. Clearance is denied.


Financial; Personal Conduct

01/31/2007

Applicant's accrual of approximately $10,200 of delinquent debt from 2001 to 2005 generates a security concern which she failed to mitigate. Clearance is denied.


Alcohol; Criminal Conduct

01/31/2007

Applicant was convicted of driving while intoxicated (DWI) offenses committed in December 1994, July 1996, and July 2002. The last DWI occurred after he received counseling and attended Alcoholics Anonymous (AA) for more than one year. The alcohol consumption and criminal conduct concerns are not mitigated where he shows little insight into his drinking and driving behavior. Clearance is denied.


Foreign Influence

1/31/2007

Applicant, born in Hong Kong, came to the United States in 1986, at age 18, and became a United States citizen in 2003. His wife also became a U.S. citizen. Applicant's mother is a permanent resident of the U.S., living most of the time here, and his father now lives in Hong Kong, but plans to move permanently to the United States. His sister is a U. S. resident. None of his family members belong to, or are active with any government agency of Hong Kong. They are not in a position to be exploited by Hong Kong 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.


Financial

01/31/2007

Even though Applicant was notified the government intended to revoke his clearance due to seven debts listed as bad debts or accounts in collection, he has taken no steps to pay or resolve these debts. Applicant has failed to mitigate security concerns about his delinquent debts. Clearance is denied.


Financial; Personal Conduct

01/31/2007

Applicant did not timely file his federal or state income tax returns for tax years 1996 through 2000. Personal conduct concerns are mitigated as he filed all his delinquent returns as of April 2006, and he timely complied with his tax filing obligations for tax years 2001 through 2005. He owes about $3,000 in federal taxes for 2000, but financial considerations are mitigated where resolution of the tax debt is pending an Internal Revenue Service decision on his claim to a $6,124 refund for tax year 1996 and he is not financially overextended. Clearance is granted.


Financial; Personal Conduct

01/31/2007

Applicant sold a home in 1991 and incurred a significant state tax liability. When he failed to timely pay the taxes, a tax lien was filed in December 1993. His wife suffered a stroke in 1992 and was confined to a nursing home until her death in June 1995. After attempting to make payments on the tax lien, Applicant discovered it had expired and the debt was forgiven by operation of law. He did not disclose the tax lien on his security clearance application (SF 86), because he misunderstood the relevant questions. He has refuted the allegations that he falsified his SF 86, and the security concern based on financial considerations has been mitigated. Clearance is granted.


Foreign Influence

01/31/2007

Applicant mitigated foreign influence security concerns over his family ties in Afghanistan to his wife's family who remain citizens of Afghanistan and reside there. Applicant has strong ties to the U.S. and has demonstrated working as a interpreter, translator, and cultural advisor for U.S. interests in Afghanistan from 2002 to 2005 that he can and has consistently put U.S. security interests ahead of his family ties. Applicant's assurances that he would put U.S. interests over any Afghani family ties are supported by his numerous positive character and work assessments as well as by the numerous awards he received for his prior service. Clearance is granted.


Alcohol; Personal Conduct

01/31/2007

Applicant's history of alcohol abuse and her omission of relevant information from a 2002 security clearance application raise security concerns. Applicant's alcohol consumption gradually began to decrease in 2000. She has abstained entirely since January 2005. She has mitigated the alcohol consumption security concern. The security concern generated by the omissions from her security clearance application, however, remains unmitigated. Clearance is denied.


Information Technology; Criminal Conduct, Personal Conduct

01/31/2007

Applicant accessed a United States Army computer system using his personal knowledge of the system and generic passwords, not with an authorized password, in violation of federal law and the government warning about use of its computer systems. He accessed the system to obtain data related to contract work to be performed by his employer on behalf of the United States Army, not for personal gain. He has mitigated the government's concerns regarding his person conduct, criminal conduct and misuse of information technology systems. Clearance is granted.


Alcohol

01/31/2007

Applicant's alcohol abuse--punctuated by alcohol-related arrests in January 1987, March 1991, December 1994, December 1996, and September 1999--was not mitigated because Applicant demonstrated little insight into his alcohol abuse and resumed drinking after alcohol treatment. Clearance denied.


Criminal Conduct; Personal Conduct

01/31/2007

Applicant has been successful in dealing with the issues that led him to assault his spouse on three occasions. Criminal conduct and personal conduct concerns persist because he has not been candid about his role in a May 2002 theft of gym membership dues while employed by a military welfare and recreation department, and because he concealed the extent of his spousal abuse when questioned about it by a Defense Security Service (DSS) agent in September 2002. Clearance is denied.


Financial; Personal Conduct

01/30/2007

Following the break-up of a 16-year relationship with a man Applicant referred to as her "life partner," she moved to a different part of the country and began a new life. Before leaving, her "life partner" assured her he would pay their jointly accrued debt. That did not happen. When Applicant became aware of her indebtedness as a result of these proceedings, she made a good-faith effort to pay or resolve all her debts. Her honest belief she had no debt explains her denying she had any debt over 180 days delinquent on her Public Trust Position Application. Having mitigated financial considerations and personal conduct concerns, designation to hold a position of trust is granted.


Financial

01/30/2007

Forty-two-year-old Applicant had five alleged debts listed in the statement of reasons (SOR). She successfully disputed two SOR debts. Two SOR debts are being resolved with payment plans. The creditor for one SOR debt that was beyond the 3-year South Carolina statute of limitations for debts was unreasonable about arranging a payment plan. For the last three years she lived within her means and has been financially responsible. She has mitigated concerns about financial considerations. Eligibility for an ADP I/II/III position is granted.


Financial

01/30/2007

Fifty-six-year-old Applicant had five alleged debts listed in the statement of reasons (SOR). Her debt problems resulted from her husband's unemployment, and underemployment. She disputed three SOR debts, asserting they were solely her husband's responsibility. Two SOR debts were paid. Two of the three disputed SOR debts were beyond the 3-year South Carolina statute of limitations for debts. The creditor for the largest, disputed SOR debt agreed that it should be removed from her credit reports. She currently has no legally enforceable, delinquent debts. For the last three years, she has been financially responsible. She has mitigated concerns about financial considerations. Eligibility for an ADP I/II/III position is granted.


Financial; Criminal Conduct; Personal Conduct

01/30/2007

Applicant incurred over $21,000 in delinquent debt, for which she has no payment plan in place. She has been arrested and charged nine times with the misdemeanor crime of issuance of worthless checks. She intentionally falsified one answer on her security clearance application and has a pattern of conduct which reflects rules violation. She has failed to mitigate the trustworthiness concerns raised under financial considerations, criminal conduct and personal conduct. Applicant's eligibility for a assignment to a sensitive position is denied.


Financial

01/30/2007

Applicant has failed to mitigate his history of financial irresponsibility. Clearance is denied.


Foreign Influence

01/30/2007

Applicant is a 56-year-old naturalized United States citizen, who has resided in the United States for 29 years. He has worked as an engineer for federal contractors since 1991 and was previously granted a Secret security clearance in 1997. He has two siblings and a mother-in-law who are resident citizens of Taiwan. Based on the "whole person" concept, he mitigated the security concerns raised by foreign influence. Clearance is granted.


Drugs, Personal Conduct

01/29/2007

Applicant smoked marijuana from around age 12 until a young adult. He stopped smoking marijuana in the early 1980s. In 2003, he again smoked marijuana on one occasion, and purchased it on one occasion, which lead to his arrest and conviction on the charge of possession of marijuana. He has not used marijuana for three years and does not intend to do so. He mitigated the government's concerns regarding his drug involvement. Although he did not intentionally falsify his security clearance application, he intentionally falsify three of his answers to interrogatories. He has not mitigated the government's concerns regarding his personal conduct. Clearance is denied.


Financial

01/29/2007

At the time the SOR was issued, Applicant had approximately nine delinquent accounts with a total approximate balance of $14,504. After the SOR was issued, he disputed three of the debts with a credit reporting agency. They were deleted from the credit report. The majority of the debts remain unresolved. Applicant failed to mitigate the security concerns arising from his financial situation. Clearance is denied.


Financial; Criminal Conduct

01/29/2007

Applicant is a 31 year old married woman with three children, who has worked for a health care contractor for the federal government since 2002. She has delinquent debts over $13,000 dating back to 2000, that she has not made any payments on. She wrote two bad checkS in 2003-2004 that have been mitigated by time. Her other criminal offense was attributed to her drug addicted mother. Applicant mitigated the trustworthiness concerns about her criminal conduct, but not the financial consideration concerns. Eligibility for assignment to an ADP I/II/III position is denied.


Financial; Personal Conduct; Criminal Conduct

01/29/2007

Applicant has a history of failing to meet her financial obligations preceding the submission of her Questionnaire For Public Trust Positions submitted in August 2004. As of the date she answered the SOR in June and July 2006, she had 12 delinquent accounts exceeding $14,000.00, raising financial considerations concerns. She falsified her Questionnaire For Public Trust Position by denying she was over 180 days delinquent on any loan or financial obligation raising personal and criminal conduct concerns. She failed to mitigate any of these concerns. Eligibility for assignment to public-trust position is denied.


Foreign Influence

01/29/2007

Applicant is 30 years old and has worked as a systems engineer for a defense contractor for over two years. He and his mother fled Iran in 1984. His father remained due to family and financial responsibilities. Applicant and his mother became naturalized U.S. citizens in 1997. His mother is a dual citizen of Iran and has traveled there three times since leaving. Applicant's father has attempted to obtain a visa to leave, but continues towait fourteen years after applying. Applicant and his mother communicate weekly with his father and maintain a close familial relationship. Applicant and his mother also have more than a casual relationship with his aunt. Applicant has failed to mitigate the potential security concerns raised under Guideline B, foreign influence. Clearance is denied.


Personal Conduct

01/29/2007

Applicant is a 49-year-old engineer for a defense contractor. Four years ago, while working for a non-defense related company, he was arrested and convicted for an alcohol-related offense of open lewdness. He received counseling and treatment for this alcohol-related incident. As part of his employment in the defense industry, he completed a security clearance application but deliberately did not truthfully answer questions concerning the alcohol-related incident for fear truthful answers would affect his job. Under the "whole person" concept, Applicant has shown his false answers are not a security concern. Clearance is granted.


Financial

01/29/2007

Applicant's accrual of approximately $25,000 of delinquent debt over the past eight years generates a security concern, which she failed to mitigate. Clearance is denied.


Financial

01/29/2007

Applicant's accrual of approximately $25,000 of delinquent debt over the past eight years generates a security concern, which she failed to mitigate. Clearance is denied.


Guideline E; Guideline J

01/29/2007

Absent unusual circumstances an error in the Judge's synopsis is not indicative of harmful error. The application of disqualifying and mitigating conditions requires the exercise of sound discretion in light of the record evidence as a whole. Adverse decision affirmed.


Guideline H

01/29/2007

The Board finds no error in the Judge's conclusion the Guideline H, Mitigating Condition 4 applies in this case. The Judge's overall decision is sustainable on that basis. Favorable decision affirmed


Criminal Conduct

01/27/2007

Five years ago, while in college, Applicant had a false ID card. Additionally, he set some cardboard boxes and newspaper on fire in front of a neighbor's door. There has been no adverse criminal conduct since. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from his criminal conduct. Clearance is granted.


Financial; Personal Conduct

01/26/2007

In the mid-1990s when he was a sailor, the Navy revoked Applicant's security clearance due to financial issues. During 2004-2006, Applicant experienced further financial problems, to include money judgments taken against him for thousands of dollars, a delinquent credit card account for $4,683, a charged-off credit card account for $2,836, and a collection account for $542. He has just begun the process of resolving his indebtedness. His efforts, while commendable, are not sufficient to rebut, explain, extenuate, or mitigate the security concern under Guideline F for financial considerations. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

01/26/2007

Fifty-three-year-old Applicant had 22 delinquent debts listed in her statement of reasons (SOR), which totaled $12,191. One debt was disputed, and another debt was not established. Eleven debts were paid. The nine remaining delinquent debts totaled $10,861. Her financial situation was aggravated by her payments to her children who were attending college. She is making slow but continuous progress in the payment of her remaining debts. Moreover, all of her unpaid debts except for three (totaling $1,122) are beyond the 3-year South Carolina statute of limitations. She falsely answered one question on her Questionnaire for Public Trust Positions. Security concerns pertaining to financial considerations, personal conduct and criminal conduct are mitigated under the "whole person" concept. Eligibility for an ADP I/II/III position is granted.


Financial; Personal Conduct; Criminal Conduct

01/26/2007

Fifty-three-year-old Applicant had 22 delinquent debts listed in her statement of reasons (SOR), which totaled $12,191. One debt was disputed, and another debt was not established. Eleven debts were paid. The nine remaining delinquent debts totaled $10,861. Her financial situation was aggravated by her payments to her children who were attending college. She is making slow but continuous progress in the payment of her remaining debts. Moreover, all of her unpaid debts except for three (totaling $1,122) are beyond the 3-year South Carolina statute of limitations. She falsely answered one question on her Questionnaire for Public Trust Positions. Security concerns pertaining to financial considerations, personal conduct and criminal conduct are mitigated under the "whole person" concept. Eligibility for an ADP I/II/III position is granted.


Financial; Personal Conduct; Criminal Conduct

01/26/2007

In February 2003, Applicant and her current husband filed for Chapter 7 bankruptcy. Their debts were discharged in May 2003. Her background investigation revealed eight delinquent accounts incurred post- bankruptcy with a total approximate balance of $5,709 and a delinquent student loan account with a total approximate balance of $35,416. Half of the debts were mitigated at hearing. Her student loans were actually in deferment rather than delinquent. She is in the process of divorcing her current husband due to his physical abuse resulting in her current financial issues. However, her debts are not out of control. I find Applicant mitigated the financial considerations security concern. She did not deliberately omit her delinquent debts on her trustworthiness application. Applicant's eligibility for a assignment to a sensitive position is granted.


Financial; Criminal Conduct; Personal Conduct

01/26/2007

After Applicant's divorce in January 1994, he was ordered to pay child support to his ex- wife for their newborn child. His ex-wife and child then disappeared. After six years, his ex-wife reappeared and sought enforcement of the child support order. Applicant responded by setting up an automatic payroll deduction to pay the monthly child support and pay off the arrearage. He refuted allegations of a child support arrearage for a second child, a weapons offense, and falsifying his security clearance application (SF 86). He mitigated the security concerns based on the child support arrearage and four other delinquent debts, a conviction of reckless driving in 1996, and a driving while intoxicated (DWI) conviction in 2004. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

01/26/2007

After Applicant's divorce in January 1994, he was ordered to pay child support to his ex-wife for their newborn child. His ex-wife and child then disappeared. After six years, his ex-wife reappeared and sought enforcement of the child support order. Applicant responded by setting up an automatic payroll deduction to pay the monthly child support and pay off the arrearage. He refuted allegations of a child support arrearage for a second child, a weapons offense, and falsifying his security clearance application (SF 86). He mitigated the security concerns based on the child support arrearage and four other delinquent debts, a conviction of reckless driving in 1996, and a driving while intoxicated (DWI) conviction in 2004. Clearance is granted.


Guideline G; Guideline J

01/26/2007

The Board does not review a Judge's decision against a standard of perfection. The Board's review of a Judge's findings of fact is limited to determining if they are supported by substantial evidence. In this case the Judge' made sustainable findings that Applicant had a serious history of excessive alcohol consumption that ran over 20 years. Adverse decision affirmed.


Guideline H; Guideline E; Guideline F; Guideline J

01/26/2007

The presence of some mitigating evidence does not alone compel a Judge to make a favorable security clearance decision. It was not arbitrary for the Judge to conclude that Applicant drug use was recent. Applicant statements about his intent when he executed a document were relevant evidence but were not binding on the Judge. Adverse decision affirmed.


Personal Conduct, Drugs, Criminal Conduct

01/25/2007

Applicant's personal conduct, drug abuse and criminal conduct raised serious security concerns. While Applicant rebutted concerns over criminal conduct as a hacker and mitigated concerns over his dated drug abuse, security concerns remain over his personal conduct because of his decision to hack into two satellite television systems to gain free access for himself, his family and friends for an extended period in 2002 to 2003 and to download computer programs for his personal use without paying the required cost. Also, he willfully failed to reveal his prior drug abuse in his 2002 initial Security Clearance Application (SF 86). Clearance is denied.


Guideline F; Guideline J; Guideline E

01/25/2007

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


Guideline G; Guideline H; Guideline E

01/25/2007

The Administrative Judge made unchallenged adverse findings regarding Applicant alcohol and drug use. Those finding that were challenged by Applicant are sustainable. The Judge made one error that in context is clearly typographical. Adverse decision affirmed.


Drugs

01/24/2007

Applicant is 36 years old and works for a company that administers government health care benefits. From approximately 1996 until 2004, he used cocaine between 40 and 100 times. He voluntarily requested an evaluation for substance abuse in 2004, and was diagnosed as cocaine dependent. However, he did not complete the recommended rehabilitation program or provide sufficient evidence to document abstinence. He failed to mitigate the trustworthiness concerns raised by his drug involvement. His eligibility for assignment to a sensitive position is denied.


Drugs

01/24/2007

Applicant is 36 years old and works for a company that administers government health care benefits. From approximately 1996 until 2004, he used cocaine between 40 and 100 times. He voluntarily requested an evaluation for substance abuse in 2004, and was diagnosed as cocaine dependent. However, he did not complete the recommended rehabilitation program or provide sufficient evidence to document abstinence. He failed to mitigate the trustworthiness concerns raised by his drug involvement. His eligibility for assignment to a sensitive position is denied.


Alcohol; Personal Conduct; Criminal Conduct

01/24/2007

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


Financial; Personal Conduct

01/24/2007

Applicant has approximately 18 delinquent accounts with a total approximate balance of $23,281. She has provided proof of payment of eight medical collection accounts which were not alleged in the SOR. She has taken no steps to resolve the delinquent accounts alleged in the SOR. She deliberately failed to list her delinquent debts on her trustworthiness application. She 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

01/24/2007

Applicant has approximately 18 delinquent accounts with a total approximate balance of $23,281. She has provided proof of payment of eight medical collection accounts which were not alleged in the SOR. She has taken no steps to resolve the delinquent accounts alleged in the SOR. She deliberately failed to list her delinquent debts on her trustworthiness application. She 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

01/24/2007

Applicant is a 29-year-old employee of a defense contractor who has longstanding delinquent debt totaling $13,537. He has not made any good faith efforts to resolve the debt. Applicant deliberately failed to list his delinquent accounts on his trustworthiness application. He has failed to mitigate the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for a trustworthiness position is denied


Financial; Personal Conduct

01/24/2007

Applicant is a 29-year-old employee of a defense contractor who has longstanding delinquent debt totaling $13,537. He has not made any good faith efforts to resolve the debt. Applicant deliberately failed to list his delinquent accounts on his trustworthiness application. He has failed to mitigate the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for a trustworthiness position is denied


Financial

01/24/2007

From 1998 to 2005, Applicant accumulated 52 delinquent debts totaling about $29,300. In December 2006, she negotiated payment plans for 18 debts, paid off or resolved 14 debts, and tendered payment on one. Four debts are disputed. Fifteen debts totaling more than $19,000 are unresolved. Trustworthiness concerns based on financial considerations are not mitigated. Eligibility for assignment to an ADP I/II/III position is denied.


Financial

01/24/2007

From 1998 to 2005, Applicant accumulated 52 delinquent debts totaling about $29,300. In December 2006, she negotiated payment plans for 18 debts, paid off or resolved 14 debts, and tendered payment on one. Four debts are disputed. Fifteen debts totaling more than $19,000 are unresolved. Trustworthiness concerns based on financial considerations are not mitigated. Eligibility for assignment to an ADP I/II/III position is denied.


Financial

01/24/2007

Applicant has a history of unresolved financial delinquencies, some which date to 2000 and 2001, and others which are of recent occurrence. At her hearing, while she was sometimes vague or imprecise about the current status of her financial obligations, she demonstrated that she had made progress in paying or arranging to pay some of her debts. While Applicant's recent efforts to satisfy her 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

01/24/2007

Applicant has a history of unresolved financial delinquencies, some which date to 2000 and 2001, and others which are of recent occurrence. At her hearing, while she was sometimes vague or imprecise about the current status of her financial obligations, she demonstrated that she had made progress in paying or arranging to pay some of her debts. While Applicant's recent efforts to satisfy her 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.


Guideline F

01/24/2007

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


Guideline C; Guideline B

01/24/2007

Without any support in the record the Judge concluded that Applicant's sister is not in a position to be exploited by the Iranian government Th record does not support the Judge's application of Guideline B mitigating condition 1. There is a rebuttable presumption that Applicant's contacts with immediate family members is not casual. The remainder of the Judge's whole person analysis is conclusory. Favorable decision reversed


Foreign Influence

01/24/2007

Applicant's minimal ties to distant family members and a friend who are citizens and residents of Burma do not create a security concern. Clearance is granted.


Personal Conduct; Financial

01/23/2007

The evidence is not sufficient to prove that Applicant made deliberately false statements about her financial record when she completed her security-clearance application. But she has more than $10,000 in delinquent or unpaid debts that she has just begun to pay off. Her efforts, while commendable, are not sufficient to rebut, explain, extenuate, or mitigate the security concern under Guideline F for financial considerations. Clearance is denied.


Personal Conduct; Financial

01/23/2007

The evidence is not sufficient to prove that Applicant made deliberately false statements about her financial record when she completed her security-clearance application. But she has more than $10,000 in delinquent or unpaid debts that she has just begun to pay off. Her efforts, while commendable, are not sufficient to rebut, explain, extenuate, or mitigate the security concern under Guideline F for financial considerations. Clearance is denied.


Guideline F

01/23/2007

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


Guideline G

01/23/2007

The Judge's finding of fact were supported by record evidence . No law or regulation provides free counsel to any applicant in DOHA proceedings. Adverse decision affirmed.


Financial; Personal Conduct

01/23/2007

Applicant has a history of financial delinquency caused in large part by extensive gambling since 1969. He has paid off about $32,000 in debt through a Chapter 13 bankruptcy, but owes delinquent credit card debt of about $5,285 and personal loans totaling about $47,000 from friends and relatives borrowed to repay gambling debts. Applicant also falsified a travel voucher at work in 1988 to obtain a cash advance to pay a gambling debt. Financial Considerations and Personal Conduct concerns are not mitigated where delinquent debts are unresolved and he continues to gamble. Clearance is denied.


Financial; Personal Conduct

01/23/2007

Applicant has a history of financial delinquency caused in large part by extensive gambling since 1969. He has paid off about $32,000 in debt through a Chapter 13 bankruptcy, but owes delinquent credit card debt of about $5,285 and personal loans totaling about $47,000 from friends and relatives borrowed to repay gambling debts. Applicant also falsified a travel voucher at work in 1988 to obtain a cash advance to pay a gambling debt. Financial Considerations and Personal Conduct concerns are not mitigated where delinquent debts are unresolved and he continues to gamble. Clearance is denied.


Financial; Personal Conduct; Alcohol; Criminal Conduct

01/23/2007

The Applicant owes at least 39 different creditors approximately $252,675.11. He has no valid, current plans to pay these debts off. In addition, the Applicant falsified a Government questionnaire concerning his debt situation. Adverse inference is not overcome. Clearance is denied.


Financial; Personal Conduct

01/22/2007

Forty-four-year-old Applicant had 29 debts totaling $22,659 alleged in the statement of reasons (SOR). Her debt problems resulted primarily from a leave without pay to care for her mother, and unemployment resulting from her brain surgery. She received financial counseling and consolidated most of her debts. However, in 2006 she paid only $148 towards her SOR debts. There is insufficient evidence of financial progress towards elimination of her debts. Her erroneous statements on two SF 85Ps were not made with an intent to deceive. She has not mitigated concerns about financial considerations. However, she has mitigated security concerns pertaining to her personal conduct. Eligibility for an ADP I/II/III position is denied.


Financial; Personal Conduct

01/22/2007

Forty-four-year-old Applicant had 29 debts totaling $22,659 alleged in the statement of reasons (SOR). Her debt problems resulted primarily from a leave without pay to care for her mother, and unemployment resulting from her brain surgery. She received financial counseling and consolidated most of her debts. However, in 2006 she paid only $148 towards her SOR debts. There is insufficient evidence of financial progress towards elimination of her debts. Her erroneous statements on two SF 85Ps were not made with an intent to deceive. She has not mitigated concerns about financial considerations. However, she has mitigated security concerns pertaining to her personal conduct. Eligibility for an ADP I/II/III position is denied.


Financial; Personal Conduct

01/22/2007

Applicant is a 22-year-old student who works part-time for a company that administers government health care benefits. In 2002, she was arrested for theft, a misdemeanor, arising from an incident at work. In 2004, she was convicted of the charge after she did not comply with all terms of a Deferred Prosecution Program. The Government alleged she failed to disclose the 2002 arrest, her previous employment position, and subsequent termination, during the application process for an ADP clearance. She mitigated the trustworthiness concerns raised by criminal and personal conduct. Her eligibility for assignment to a sensitive position is granted.


Financial; Personal Conduct

01/22/2007

Applicant is a 22-year-old student who works part-time for a company that administers government health care benefits. In 2002, she was arrested for theft, a misdemeanor, arising from an incident at work. In 2004, she was convicted of the charge after she did not comply with all terms of a Deferred Prosecution Program. The Government alleged she failed to disclose the 2002 arrest, her previous employment position, and subsequent termination, during the application process for an ADP clearance. She mitigated the trustworthiness concerns raised by criminal and personal conduct. Her eligibility for assignment to a sensitive position is granted.


Financial

01/22/2007

Since 1999, Applicant has owed more than $17,000 through nine delinquent debts. Some of her financial problems were caused or exacerbated by a 10-month period of unemployment. However, she has failed to pay or otherwise act to resolve her debts despite the fact she has had steady income and a positive cash flow since 2001. Accordingly, Applicant has failed to mitigate the security concerns about her financial condition. Eligibility for assignment to a sensitive position is denied.


Financial

01/22/2007

Since 1999, Applicant has owed more than $17,000 through nine delinquent debts. Some of her financial problems were caused or exacerbated by a 10-month period of unemployment. However, she has failed to pay or otherwise act to resolve her debts despite the fact she has had steady income and a positive cash flow since 2001. Accordingly, Applicant has failed to mitigate the security concerns about her financial condition. Eligibility for assignment to a sensitive position is denied.


Foreign Influence; Personal Conduct; Information Technology

01/19/2007

Applicant, a 60 year old computer engineer, was born in the People's Republic of China (PRC), came to the United States in 1968 and became a U. S. citizen in 1977. His wife and three children are also United States citizens. His father and three siblings are citizens and residents of Taiwan, and his father -in-law is a citizen and resident of the PRC. None of these family members are in a position to be exploited in a way that could force Applicant to choose between loyalty to them and his loyalty to the U. S. Applicant's strong attachment to the U.S. and long history here make it unlikely that he would respond favorably to any efforts to act against U. S. interests. Additionally, Applicant knowingly violated his employer's rules by using his company computer to access and download pornographic materials, causing Applicant to be terminated from his place of employment. This conduct occurred fora period of approximately one and one half weeks, almost five years ago, and there is little likelihood that it will occur in the future. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

01/18/2007

Applicant, a college graduate who is now 26 years old, used marijuana intermittently and habitually from 1994 to 2005. She asserted her last use of marijuana was in February 2005 and, after that use, she resolved not to use marijuana again. On November 3, 2004, Applicant executed a security clearance application (SF-86). She used marijuana approximately three times after executing and submitting her SF-86. Applicant failed to mitigate security concerns under Guidelines H and E. Clearance is denied.


Drugs; Personal Conduct

01/18/2007

Applicant, a college graduate who is now 26 years old, used marijuana intermittently and habitually from 1994 to 2005. She asserted her last use of marijuana was in February 2005 and, after that use, she resolved not to use marijuana again. On November 3, 2004, Applicant executed a security clearance application (SF-86). She used marijuana approximately three times after executing and submitting her SF-86. Applicant failed to mitigate security concerns under Guidelines H and E. Clearance is denied.


Drugs

01/18/2007

Applicant, a 20-year-old college student, used marijuana once. This occurred after she had submitted her electronic questionnaire for investigations processing. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from her single use of marijuana. Clearance is granted.


Drugs

01/18/2007

Applicant, a 20-year-old college student, used marijuana once. This occurred after she had submitted her electronic questionnaire for investigations processing. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from her single use of marijuana. Clearance is granted.


Financial; Personal Conduct

01/18/2007

Applicant has numerous debts that have been past-due for many years. These debts leave applicant financially overextended - which puts him squarely within the concern expressed in the Financial Considerations Guideline of the Directive. Clearance is denied.


Criminal Conduct; Personal Conduct

01/18/2007

In 2001, Applicant was arrested for forgery of a government instrument related to a fake twenty dollar bill. He had unprotected sensitive documents on his company computer, he talked about automatic weapons, gave a friend a Viagra tablet, and never reduced to writing that his apartment was searched by the police in 2001. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the criminal conduct and personal conduct security concerns. Clearance is granted.


Criminal Conduct; Personal Conduct

01/18/2007

In 2001, Applicant was arrested for forgery of a government instrument related to a fake twenty dollar bill. He had unprotected sensitive documents on his company computer, he talked about automatic weapons, gave a friend a Viagra tablet, and never reduced to writing that his apartment was searched by the police in 2001. The record evidence is sufficient to mitigate or extenuate the negative security implications stemming from the criminal conduct and personal conduct security concerns. Clearance is granted.


Financial

01/18/2007

Applicant owes approximately $35,000 in outstanding tax obligations to the federal and state government. His tax liens date from 1994 until 2005. He has not made any effort to pay these liens nor has he developed a repayment plan. He is paying his child support arrearage of $13,000. He has not mitigated or overcome the government's security concerns regarding his security eligibility based on financial considerations. Clearance is denied.


Financial

01/18/2007

Applicant owes approximately $35,000 in outstanding tax obligations to the federal and state government. His tax liens date from 1994 until 2005. He has not made any effort to pay these liens nor has he developed a repayment plan. He is paying his child support arrearage of $13,000. He has not mitigated or overcome the government's security concerns regarding his security eligibility based on financial considerations. Clearance is denied.


Alcohol: Criminal Conduct

01/17/2007

Applicant has a history of alcohol abuse from the mid-1990s, including a May 2005 drunk driving offense after he had completed counseling for a 2004 driving under the influence. He relapsed in April 2006 while in counseling with a psychologist for diagnosed alcohol dependence and under probation for his 2005 offense. Clearance is denied.


Alcohol: Criminal Conduct

01/17/2007

Applicant has a history of alcohol abuse from the mid-1990s, including a May 2005 drunk driving offense after he had completed counseling for a 2004 driving under the influence. He relapsed in April 2006 while in counseling with a psychologist for diagnosed alcohol dependence and under probation for his 2005 offense. Clearance is denied.


Guideline F; Guideline J; Guideline E

01/17/2007

The Administrative Judge made sustainable findings that Applicant provided false answers to four questions in his 2003 security clearance application. The Judge also made sustainable findings that Applicant has a lengthy history of not meeting financial obligations. Adverse decision affirmed.


Guideline E

01/17/2007

The Board finds each of the challenged findings to be supported by substantial evidence. Applicant does not demonstrate error in the Judge's conclusions merely by repeating her justifications. Adverse decision affirmed.


Guideline F

01/17/2007

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


Financial

01/16/2007

Applicant's background investigation revealed a 1997 bankruptcy which was the result of too much credit card debt. She currently has ten delinquent debts incurred post-bankruptcy with a total approximate balance of $13,679. Several periods of unemployment and her husband's terminal illness adversely affected her ability to pay her bills. Although she has paid one account and is making payments on another account, concerns remain since all other debts remain unresolved. She failed to mitigate the trustworthiness concerns raised under financial considerations. Applicant's eligibility for a assignment to a sensitive position is denied.


Financial

01/16/2007

Applicant owes about $23,000 to multiple creditors for multiple debts, and he does not have a plan in place to address his delinquent or unpaid indebtedness. He failed to present sufficient evidence to rebut, explain, extenuate, or mitigate the security concern under Guideline F for financial considerations. Clearance is denied.


Foreign Preference; Foreign Influence

01/16/2007

Fifty-four-year-old Applicant is an Iran-born, naturalized United States citizen. Although he has much more substantial connections to the United States than to Iran, his parents, two sisters, mother-in-law and sister-in-law are citizens of and live in or visit Iran, and he has frequent contact with them. He surrendered his Iranian passport and is willing to renounce his Iranian citizenship. 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 foreign preference are mitigated, but security concerns pertaining to foreign influence are not mitigated. Clearance is denied.


Financial; Personal Conduct

01/16/2007

Between 1999 and 2004, Applicant accrued approximately $16,050 of delinquent debt. Currently, it remains outstanding in its entirety despite her repeated promises to begin satisfying it. Eligibility to occupy a sensitive position is denied.


Alcohol; Personal Conduct; Criminal Conduct

01/16/2007

Applicant engaged in underage drinking and committed minor criminal offenses. She is now 21, has not been in trouble for more than two years, and has mitigated alcohol consumption, personal conduct, and criminal conduct security concerns. Eligibility is granted.


Financial

01/16/2007

Applicant's accrual of approximately $77,000 of delinquent debt over the past 10 years generates a security concern, which she failed to mitigate. Clearance is denied.


Financial; Personal Conduct

01/16/2007

Between 2001 and 2003, Applicant incurred approximately $10,000 in delinquent debt, after purchasing a car for transportation to and from work. Because she lacked sufficient income to pay both the car payment and her delinquent credit debt, she chose to forego her credit card payments and pay her car payments. Since August 2003, she has not incurred additional delinquent debt, and timely pays her monthly expenses, including her mortgage and car payment. Under South Carolina law, her creditors no longer have a legal claim against her for delinquent debts. Applicant did not deliberately falsify her trustworthiness application. She has mitigated the trustworthiness concerns raised under financial considerations and personal conduct. Applicant's eligibility for a assignment to a sensitive position is granted.


Foreign Preference; Foreign Influence; Personal Conduct

01/16/2007

Applicant is a 36 year old program manager, who has worked for a defense contractor since 2000. He was born and lived in Jordan before coming to the U.S. on a student visa. He became a naturalized U.S. citizen in 1999, retained his Jordanian passport, renewed it twice, and used it to take annual trips to Jordan. His Jordanian passport does not expire until 2009. He owns a condominium in Jordan valued at $180,000. His wife is a Jordanian citizen as are his relatives with whom he maintains close contact. Applicant failed to honestly answer four questions on his security clearance application. Applicant failed to mitigate security concerns raised by Guideline C, foreign preference, Guideline B, foreign influence, and Guideline E, personal conduct. Clearance is denied.


Foreign Influence

01/16/2007

Applicant, a 20-year emigrant from Nigeria with U.S. military service and a U.S. engineering degree, mitigated the 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. This concern is mitigated under the whole person doctrine based on the totality of his life for the past 20 years. Clearance is granted.


Alcohol; Criminal Conduct

01/16/2007

Applicant has continued to consume alcohol, at times to the point of intoxication, despite being diagnosed as alcohol dependent in 1994. His alcohol consumption since 1989 has also led to several criminal charges, including a driving under the influence charge as recently as the month before his hearing in this matter. Clearance is denied.


Financial

01/16/2007

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


Alcohol; Personal Conduct

1/12/2007

Applicant has had a history of consuming alcohol to excess, which resulted in at least four alcohol related convictions for Driving Under the Influence (DUI) from 1982 through 1995. While there have been no DUI arrests since 1995, Applicant continues to regularly drive after consuming alcohol in the same quantity as he did during his prior DUI arrests and convictions. Additionally, Applicant' credibility is extremely suspect, as he has not been truthful or candid with information regarding his DUI convictions, that he furnished to the United States Government. Mitigation has not been shown. Clearance is denied.


Guideline F

01/12/2007

The errors noted by Applicant did not affect the result and are thus harmless. Adverse decision affirmed.


Drugs; Personal Conduct

01/12/2007

Applicant used marijuana from 1991 to 2004, even after applying for a security clearance. He credibly testified that he last used marijuana in August 2004, and he has no intention to use any illegal substance in the future. While he furnished information to the United States Government in a Security Clearance Application (SCA) that was incomplete, it was done inadvertently. Mitigation has been shown. Clearance is granted.


Guideline E; Guideline F; Guideline J

01/12/2007

Applicant has not his burden of demonstrating the Judge erred. The Judge was not required to conclude that Applicant's reliance on his recruiter's advise mitigated his multiple falsifications. Adverse decision affirmed.


Criminal Conduct

01/10/2007

The Applicant was arrested in 1992 and 2004 for assault. The Applicant does not have a pattern of criminal conduct. The two incidents were isolated in nature and the evidence shows that there is little to no chance that they will recur. Adverse inference is overcome. Clearance is granted.


Guideline F

01/10/2007

Applicant argument that the Judge misinterpreted the meaning of entries in account summery is persuasive. The Judge's error is harmful. There are no sustainable findings against Applicant under the SOR and an adverse decision cannot be based solely on reasons concerning which Applicant was not put on notice, Adverse decision reversed.


Guideline B

01/10/2007

Given the record in this case it was not arbitrary and capricious for the Judge to conclude that Applicant had failed to meet his burden of persuasion. Adverse decision affirmed.


Financial; Personal Conduct

1/9/2007

Twenty-seven-year-old Applicant had nine alleged delinquent debts listed in the statement of reasons (SOR) totaling about $11,000. One debt was a duplication, and two debts were not established. The six remaining delinquent debts totaled $9,539. Her financial situation was aggravated by her daughter's medical problems and incarceration of her daughter's father. She is making slow but continuous progress in the resolution of her debts. Moreover all of her debts are beyond the 3-year South Carolina statute of limitations. She incorrectly answered one question on her Questionnaire for Public Trust Positions, but this false response was not deliberate, as there was no intent to deceive. Security concerns pertaining to personal conduct are not substantiated. She has mitigated security concerns about financial considerations. Eligibility for an ADP I/II/III position is granted.


Personal Conduct; Criminal Conduct

1/9/2007

While employed as executive assistant to a school superintendent, Applicant wrongfully took $862.00 from a Student Activity Fund for which she was responsible for maintaining to pay blackmail to her daughter's heroin dealer. As a result, she was forced to resign and charged with 3rd Degree Theft. She entered into a Pre-Trial Intervention Program, and successfully completed all terms of the Program in December 2006. Additionally, she has not informed her husband about any aspect of these proceedings. Unmitigated personal and criminal conduct concerns remain. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

1/9/2007

Applicant's financial problems were cause by three periods of unemployment between 1999 and the fall of 2001. However, she has been employed continually for the last five years. Yet, she supplied no documented evidence supporting her claims of having paid any of the creditors/collection agencies since 2001. In April 203 and August 2004, Applicant lied about her ongoing financial problems when she certified information in her two public trust questionnaires that she had neither a lien nor debts over 180 days delinquent. Her praiseworthy character evidence and unblemished credit record before 2000 is insufficient to satisfactorily rebut her financial problems since then. Her deliberate falsifications have independent significance under the criminal conduct guideline. Eligibility for a trustworthiness position is denied.


Drugs; Personal Conduct

1/9/2007

Applicant successfully rebutted allegations of security concerns for drug involvement and personal conduct for making inconsistent statements in two interrogatories. He has recovered from the trauma over the death of a daughter and the ensuing psychological difficulties and hospitalization. He had no intent to falsify. Clearance is granted.


Guideline C; Guideline B

01/09/2007

Given the record that was before him, the Judge finding with respect to Applicant's expired passport was not unreasonable, and is supported by substantial record evidence. Given the Judge's findings, it was not error for him to conclude Applicant had not met his burden of persuasion. Adverse decision affirmed


Guideline F: Guideline E

01/09/2007

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


Criminal Conduct

1/9/2007

Applicant is a 68-year-old civilian employee who has 42 years of exemplary service with the federal government. He maintained a top secret clearance throughout his career. On April 3, 1959, he was convicted by a General Court-Martial for manslaughter. His confinement was less than a year, under military law at that time. Thus, 10 U.S.C. 986 does not apply. He has mitigated security concerns based on criminal conduct by time and rehabilitation. Clearance is granted.


Foreign Influence

01/05/2007

This 30-year-old software designer retains significant close ties to family members in his native South Korea. Applicant came to the U.S. in the early 1990s, and became a U.S. citizen in October 2002. Despite his long residence in the U.S., he retains close ties to South Korea, specifically close family members. On balance, he has not adequately mitigated the risks indicated by the Government's evidence. Clearance is denied.