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2008 Industrial Security Clearance Decisions

 

These 1,647 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

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

Foreign Preference

12/31/2008

Applicant failed to mitigate foreign preference allegations arising from holding a U.K. passport and dual citizenship with the U.K. and U.S. He declines to surrender his U.K. passport. Clearance is denied.


Financial

12/31/2008

Applicant is 34 years old, unmarried, and has no children. Applicant has 12 delinquent debts listed in the SOR, totaling about $24,000. Of these delinquent debts, four are student loans totaling about $22,000. He has 10 additional student loans totaling about $16,000 which are in forbearance. Applicant obtained consumer counseling, prepared a budget, and has installment payment plans for all his debts except the ones in forbearance. Applicant mitigated the financial considerations security concern. Clearance is granted.


Financial

12/31/2008

Applicant is 44 years old, married, and has three children. His wife has cancer. He closed his home-based wedding photography business in 2006 to care for his wife, and because the income from it was declining. He is currently employed by a defense contractor. His delinquent debts have not been paid. He filed a Chapter 13 bankruptcy petition, but let it be dismissed. He has not refilled it because of medical bills for his wife. He has paid some smaller debts, including one listed in the SOR. Applicant did not mitigate the financial considerations security concern. Clearance is denied.


Financial; Personal Conduct; Foreign Influence; Foreign Preference

12/31/2008

Applicant's statement of reasons (SOR) alleged four delinquent debts. Two were discharged in his 2004 bankruptcy. Applicant's first and second mortgage total $233,857. He failed to make any mortgage payments for the last nine months, accruing an additional $20,000 in delinquent debt. He currently retains a valid Cuban passport. Applicant failed to mitigate financial considerations and foreign preference security concerns. Foreign influence and personal conduct security concerns are mitigated. Eligibility for a security clearance is denied.


Criminal Conduct; Personal Conduct

12/31/2008

Applicant is a 36-year-old employee of a defense contractor. He has a criminal history that includes a sexual offense against a minor in 2006. He is a registered sexual offender. Eligibility for access to classified information is denied.


Financial; and Personal Conduct

12/31/2008

Applicant mitigates allegations of financial considerations by paying all delinquent debts that she could settle or pay on a schedule, except the two largest credit card debts. She has arranged with her father for a bank loan and will be able to pay them and re-pay the bank on schedule. She also mitigated through passage of time personal conduct allegation concerning testing positive for cocaine from a one-time drug experimentation in December 2004. Clearance is granted.


Financial; Personal Conduct

12/30/2008

Applicant failed to mitigate the security concerns that arise from his financial irresponsibility, as demonstrated by the many debts he has allowed to remain delinquent for a number of years, and his failure to disclose those debts, as required, in a security clearance application he submitted in March 2008.


Mental; Personal Conduct

12/30/2008

Applicant has diagnosed longstanding psychiatric disorder of Post Traumatic Stress syndrome with psychotic features who has been on a continuous medication regiment combined with professional therapy from VA hospitals. Applicant fails, though, to provide probative documentation of a favorable prognosis. Overall, he does not mitigate still active security concerns raised by DoD's evaluating mental health professional that Applicant's condition could pose a serious risk of judgment lapse. Employment issues raised are insufficiently developed to be substantiated. Clearance is denied.


Personal Conduct; Financial

12/30/2008

Applicant received a bankruptcy discharge in 1999. Since then, he has accumulated numerous debts that have gone delinquent. He also provided false material information about his financial condition on a security questionnaire. Clearance is denied.


Financial

12/30/2008

Applicant has a history of indebtedness, having accumulated at least six delinquent debts approximating $13,000. These debts are directly linked to a contentious separation and divorce. Applicant has not repaid all of his creditors, but has submitted documented good-faith efforts to repay or resolve his debts. He has submitted a viable budget reflecting he is living within his means. Applicant has mitigated financial considerations concerns after taking into account mitigating factors and the whole person concept. Clearance is granted.


Criminal Conduct; Drugs

12/30/2008

Applicant used marijuana once in 2001. In 2002, she was convicted of transporting ecstacy. An allegation she was charged with possession with intent to distribute cocaine is not supported by the record, and she did not possess marijuana as charged in 2006. Based on the passage of time and positive information about her current lifestyle, security concerns about her criminal conduct and drug involvement are mitigated. Clearance is granted.


Financial; Drugs; Criminal Conduct

12/30/2008

Applicant is 32 years old and employed by a defense contractor. He did not present any evidence indicating that he paid or resolved approximately $11,000 of delinquent debts alleged in the SOR, some of which date back to 2002. From mid-2000 to April 2001, he used cocaine. From April 2001 to September 2007, he regularly used marijuana and was arrested on three occasions for possessing drugs. He did not present any evidence to corroborate his assertions that he no longer uses illegal drugs. He failed to mitigate the security concerns raised under Guidelines F, H and J. Clearance is denied.


Financial

12/30/2008

In mitigating financial problems, an applicant must not only show he has paid debts, but he also must show systemic changes in his financial habits that will prevent a future recurrence of financial problems. While Applicant has paid two small debts, he still has two delinquent debts remaining that total about $36,000.00. Eligibility for access to classified information is denied.


Foreign Influence; Foreign Preference

12/30/2008

Applicant is a native of Lebanon who has held a clearance since 1985, been married to a native-born U.S. citizen since 1985, and held U.S. citizenship since 1987. His spouse is employed by the U.S. government and holds a clearance. His mother, two sisters, and two brothers are citizens and residents of Lebanon. He retained his Lebanese passport after becoming a U.S. citizen, but he renounced his Lebanese citizenship and surrendered his passport when he learned they raised security concerns. Clearance is granted.


Foreign Influence; Foreign Preference

12/30/2008

Applicant is a 26-year-old doctorate candidate who has worked for a federal contractor since 2006. He was a dual citizen of Canada and the U.S. He formally renounced his Canadian citizenship. His contacts in Canada and the United Kingdom are not a security concern. Applicant has mitigated the security concerns raised under Guideline B, Foreign Influence and Guideline C, Foreign Preference. Clearance is granted.


Drugs; Personal Conduct

12/30/2008

Applicant with continuous and recurrent marijuana use is covered by the Bond Amendment's mandatory prohibitions against determined drug users. Because he continued to use marijuana after applying for a security clearance, he exhibited judgment lapses that are separately covered by the personal conduct guideline. Applicant fails to mitigate security concerns under both the drug and personal conduct guidelines. Clearance is denied.


Sexual Behavior; Criminal Conduct; Personal Conduct

12/30/2008

Applicant is a retired Navy officer and civilian contractor who was convicted in 2003 of sexual molestation of a minor (a felony), and was sentenced to one year in jail and three years of probation, and ordered to register as a sex offender. He also accessed pornographic web-sites on his company computer and received a final warning from his employer for his actions. Despite counseling efforts to help him better understand his actions, he has had trouble determining why he committed the conduct in issue and remains a recurrence risk. Applicant fails to mitigate his conviction and accessing of pornographic web-sites. Clearance is denied.


Financial

12/30/2008

Applicant mitigated the security concern that arose from the delinquent accounts listed in his credit bureau reports.


Personal Conduct; Financial

12/29/2008

Applicant has long standing delinquent debts that he has not addressed. He also provided false material information about his financial condition on a security questionnaire. Clearance is denied.


Guideline F

12/29/2008

The challenged finding is based on substantial evidence. Furthermore there is no indication that the Judge drew any pejorative inferences from the finding. Adverse decision affirmed.


Guideline F

12/29/2008

Although Department Counsel correctly points out that the Judge's analysis and application of the statute of limitation is erroneous in the security clearance adjudication context, the error is harmless in this case in light of the totality of the record evidence. Favorable decision affirmed.


Financial

12/23/2008

Applicant's statement of reasons (SOR) alleged 17 delinquent debts, totaling about $168,000. His first and second mortgagees were listed on the SOR and totaled about $133,000. They went to foreclosure; however, results of the foreclosure sale are unknown. One SOR debt duplicated another SOR debt, leaving 14 delinquent debts (total: about $25,000). He did not make any payments on these 14 delinquent debts for more than a year. Applicant failed to mitigate financial considerations security concerns. Eligibility for a security clearance is denied.


Financial

12/23/2008

Applicant is a 53-year-old project manager for a federal contractor. His history of financial problems is due to events or circumstances largely beyond his control, and he has acted responsibly in an effort to resolve his indebtedness. Clearance is granted.


Drugs

12/23/2008

Applicant used marijuana about 30 times between May 2006 and May 2007, after having abstained from marijuana use since 1984. He resumed using illegal drugs despite being on notice that such conduct was a possible security concern. Clearance is denied.


Financial; Personal Conduct

12/23/2008

Applicant's statement of reasons (SOR) alleged five delinquent debts, totaling about $45,000. One debt duplicated another SOR debt, and her delinquent SOR debt actually totaled about $33,000. She admitted responsibility for the other four delinquent debts. She did not make any payments for more than a year or otherwise establish any track record of debt resolution of these four delinquent SOR debts. Applicant failed to mitigate financial considerations security concerns. Department Counsel withdrew the personal conduct allegation. Eligibility for a security clearance is denied.


Financial

12/23/2008

Applicant failed to mitigate security concerns about his finances. Over the past seven years, he accrued more than $22,000 in delinquent personal debt. He has taken no action to resolve his debts and his finances are not likely to improve in the future. Clearance is denied.


Alcohol; Criminal Conduct

12/23/2008

Applicant was involved in numerous alcohol-related incidents from 1989 to July 2005. He completed a nine-month outpatient alcohol abuse treatment program as a condition of probation, and he voluntarily completed a 10-day inpatient treatment program. He abstained from alcohol for about 20 months, had two relapse incidents in September and October 2007, and has abstained since his last relapse. He regularly attends AA meetings, has a strong support network, and has consistently received outstanding performance appraisals at work. Clearance is granted.


Criminal Conduct

12/23/2008

On two or three occasions in May and June of 1987, Applicant entered the shower area of the female barracks to watch females as they showered. He was apprehended, and received non-judicial punishment. In October 2005, Applicant was observed peering through a female's window for a period of time before being apprehended by police. Applicant's favorable military acknowledgments, outstanding job evidence, and his positive contributions to his church, have been carefully reviewed. However, the evidence in rehabilitation is insufficient to confidently conclude the behavior will not recur in the future. Eligibility for access to classified information is denied.


Financial; Security Violations; Personal Conduct

12/23/2008

Applicant mitigated security concerns under Guideline F, Guideline K, and Guideline E. Clearance is granted.


Financial

12/22/2008

Applicant acquired at least 12 delinquent debts approximating $12,700. He provided insufficient documentary evidence to show paid debts, settlements, documented negotiations, payment plans, budgets, or financial assistance/counseling. Clearance is denied.


Personal Conduct; Security Violations

12/22/2008

The Applicant has ceased his communications with the three foreign national women he met on the internet. He complied the NISPOM in reporting his trip to Viet Nam Clearance is granted.


Guideline F

12/22/2008

Correspondence from Applicant submitted after his appeal brief, and raising additional issues, was untimely. Judge's decision that Applicant had failed to mitigate the Guideline F security concerns is sustainable. Adverse decision affirmed.


Financial

12/19/2008

A state tax lien was filed against Applicant and her spouse in April 1996 and released in February 2000. Applicant received a Chapter 7 bankruptcy discharge in June 2000. A federal tax lien was filed against her in March 2005 and was resolved in October 2007. Two other state tax liens totaling more than $22,000 are unresolved. Clearance is denied.


Financial

12/19/2008

Applicant incurred significant educational debt as an undergraduate and graduate student. Although approximately 50% of his debt is in forbearance, the remainder is in default. He has paid one small private education loan and has a rehabilitation plan for two other debts in default. He has not resolved two large debts which are in default. While he has move forward with resolving his defaulted loans, he has not resolved two large debts. Thus, he has not mitigated the government's security concerns under guideline F. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

12/19/2008

Applicant is 25 years old and is employed by a defense contractor. Applicant has five arrests, involving disorderly conduct and damage to property within a four year period, in addition to a hit and run traffic accident. Alcohol was a factor in the first five incidents. Applicant did not mitigate the criminal conduct, alcohol consumption, or personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

12/19/2008

This 27-year-old employee has not mitigated the security concerns under the personal conduct guideline because he intentionally falsified his security clearance application in October 2007. He has not mitigated the Guideline F security concern because he has delinquent debt that he has not paid and has no plan in place for payment. Clearance is denied.


Guideline F

12/19/2008

A the time the case was submitted for decision, Applicant admitted owing $31,000 on 42 past due or delinquent debts. The Judge could reasonably conclude that Applicant's financial problems were ongoing. Adverse decision affirmed.


Guideline E

12/19/2008

Applicant molested his stepdaughter in 2004. In 2006 his wife revealed the crime to a clergyman, who gave Applicant an opportunity to report the crime himself. Ultimately the clergyman reported. The crime. Applicant is still on probation and his therapist testified that it is premature to terminate Applicant's counseling. A prosecutor's decision to accept a plea agreement does not necessarily suggest that the offense is minor. Favorable decision reversed.


Guideline F

12/19/2008

Reliance on the non-collectability of a debt does not constitute a good-faith effort to resolve the debt within the meaning of the Directive. The Judge decision did not take into account record evidence which ran contrary to her favorable decision. Applicant presented little corroboration for his claims to have been defrauded. Nor did he demonstrate reasonable efforts to resolve his delinquent debts including those unrelated to the alleged fraud. Favorable decision reversed.


Personal Conduct; Criminal Conduct

12/19/2008

Applicant was involved in inappropriate sexual conduct with his younger siblings over fifteen years ago when he was fifteen years old. He spent time in a juvenile halfway house and received counseling. There are no other inappropriate sexual conduct incidents. Applicant did not deliberately with intent to deceive fail to provide full and complete information to the government on two documents. He has numerous traffic offenses that happened in the 1999 to 2001 timeframe. A recent traffic incident in 2007 was a mistake of timing. He was involved in two assault and battery incidents with either his girlfriend or his wife. Both offenses were not prosecuted and dismissed. Applicant presented sufficient information to mitigate personal conduct and criminal conduct security concerns. Clearance is granted.


Financial

12/19/2008

Applicant's delinquent debts started accruing when her marriage deteriorated and Applicant was required to support herself and four children on one salary. She provided documentation showing that she paid one large debt that represents approximately one- third of her indebtedness. She contacted a credit counseling agency to set up a payment plan for other debts. Applicant has a stable history of employment at the same agency for 18 years, and supplied testimony and documentation attesting to her trustworthiness and reliability. The evidence has allayed the government's security concerns under Guideline F. Clearance is granted.


Financial

12/19/2008

Applicant has had a history of overdue debts, the majority of which remain unresolved. Mitigation has not been shown. Clearance is denied.


Financial

12/19/2008

Applicant owes delinquent income taxes in excess of $40,000 for tax years 2002 through 2005. The state taxes are being repaid directly from his wages but his efforts to resolve his federal taxes have been inconsistent. He has repaid over $45,000 in consumer credit debt through debt consolidation, in preference to resolving his federal taxes, and was late in his rent as of November 2008. Financial concerns persist. Clearance is denied.


Financial

12/19/2008

This 43-year-old employee has not mitigated the security concerns under the Guideline F security concern because he has delinquent debt that he has not paid and has no plan in place for payment. He had two tax liens and is paying one through garnishment. Clearance is denied.


Personal Conduct

12/19/2008

Applicant did not intentionally falsify a Government questionnaire by not revealing all of his drug history. Clearance is granted.


Financial

12/18/2008

Applicant incurred at least 20 delinquent debts totaling $64,930. He provided no documentary evidence to show paid debts, settlements, documented negotiations, payment plans, budgets, or financial assistance/counseling. Clearance is denied.


Financial; Criminal Conduct

12/18/2008

Applicant is financially overextended and has significant delinquent debt. She lacks a coherent plan to resolve her debts, and she has failed to mitigate security concerns arising under the financial considerations adjudicative guideline. Additionally, she failed to mitigate security concerns arising under the criminal conduct adjudicative guideline. Eligibility for access to classified information is denied.


Financial

12/18/2008

Since 2001, Applicant has acquired almost $17,000.00 in debt that she cannot repay. Though she was unemployed for five « years before finding her current job in September 2007, the record evidence of verified employment from March to June 2008 is inadequate to conclude she warrants a security clearance. Eligibility for access to classified information is denied.


Financial, Personal Conduct

12/18/2008

Applicant became aware of most of his delinquent debts when he received the SOR. He paid all of the medical debts for co-pays for his medical treatment. He had a federal tax lien that he has been paying according to a plan since 1998 and he is current with his payments. He is making payments on two credit card debts. He provided all of the financial information he knew about when completing his security clearance application. Applicant mitigated security concerns for financial considerations and personal conduct. Clearance is granted.


Financial

12/18/2008

Applicant encountered delinquent debt after leaving active duty with the Navy and not being steadily employed by defense contractors. He filed for bankruptcy to resolve his debts and they were discharged in 2005. He paid two debts years go. He learned of four other debts from the SOR. He contacted all creditors and has payment plans for three of the debts and the fourth was waived by the creditor because there is no record of the debt. Clearance is granted.


Drugs

12/18/2008

Applicant used illegal drugs between 1999 and August 2005, the majority of which occurred while he was a college student. He stopped three years ago and will not use in the future as illegal drug use is inconsistent with this future plans. Applicant has rebutted or mitigated the government's security concerns under drug involvement. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

12/18/2008

The circumstances surrounding Applicant's discharge from the US Army Reserve, together with some lingering financial delinquencies generate security concerns that he failed to mitigate. Clearance is denied.


Personal Conduct; Security Violations

12/18/2008

Applicant mitigated allegations relating to protected information involving allegations of security incidents of several of his staff of technicians while he held an ISSO position part time as well as three incidents over an 18 month period in which he was personally involved. Progressive disciplinary penalties were imposed for the staff incidents. After the last staff violation extra ISSO duty withdrawn and a full time ISSO appointed. His own three incidents were characterized by security inquiry as one deviation, one infraction, and one violation. Applicant had held security clearance for 28 years with excellent reputation. Clearance is granted.


Financial; Personal Conduct

12/18/2008

Applicant has not contacted creditors to establish a plan to pay his delinquent debts. He made some payments on his delinquent debts. Some of the payments were accepted but some were returned for full payment. Applicant has not established a plan on how he will resolve his indebtedness. He did not understand the extent of his indebtedness when he completed his security clearance application. He did not know of a judgment and thought two car repossessions did not have to be reported. He did not deliberately provide false information with intent to deceive. He did not mitigate security concerns for financial considerations but did mitigate security concerns for personal conduct and criminal conduct. Clearance is denied.


Alcohol

12/18/2008

Applicant drank up to 30 beers on a daily basis for more than seven years until undergoing detoxification treatment for diagnosed alcohol dependence in August 2005. He resumed drinking two to three beers on a regular basis in July 2006. A recent diagnosis of alcohol dependence in full remission is not sufficient to mitigate the concerns raised by his ongoing consumption, especially where he did not complete recommended aftercare. Clearance is denied.


Financial

12/18/2008

Applicant failed to mitigate the trustworthiness concern that arises from her longstanding financial problems, including a Chapter 7 bankruptcy discharge in January 2003, and continuing financial delinquencies thereafter.


Financial

12/17/2008

Applicant is a 33-year-old employee of a defense contractor. He has more than $55,000 in delinquent debt. He provided no explanation for his financial problems. He did not provide sufficient evidence to mitigate the security concerns raised by his financial history. Clearance is denied.


Financial

12/17/2008

Applicant has either satisfied or made payment arrangements to satisfy all of her delinquent debts. Clearance is granted.


Drugs; Personal Conduct

12/17/2008

Applicant is a 51-year-old employee of a federal contractor. He used cocaine during the period 2006 2008 while holding a security clearance. He tested positive for cocaine three times, the last two times while serving a sentence to probation, which he is still serving. Applicant did not present sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial, Criminal Conduct

12/17/2008

About five years ago, Applicant took out a loan to hire an attorney when he faced charges before a military tribunal. He later borrowed against his line of credit to transition back into civilian life and settle bills. While he mitigated criminal conduct security concerns regarding his military conviction, his failure to reliably address approximately $17,000 in delinquent debts leaves financial considerations security concerns unmitigated. Clearance is denied.


Financial

12/17/2008

Applicant has satisfied one out of three past-due unsecured debts. His two remaining debts total over $15,000.00. Clearance is denied.


Financial, Personal Conduct

12/17/2008

The Statement of Reasons alleges 18 debts, which started accruing in the mid- 1990s and amount to approximately $49,000. Applicant has paid or resolved four debts. Applicant provided no documentation to support his claim that he paid or does not owe the remaining debts. Despite a history of delinquencies over more than 10 years, and current unpaid debts, Applicant did not disclose his true financial situation to the government when he completed his security clearance application. Security concerns remain under both guidelines. Clearance is denied.


Drugs

12/17/2008

Applicant was cited for possession of marijuana in 2000 and 2006. He did not list the 2000 citation on his security clearance questionnaire because it had been dismissed and expunged and he did not believe he had to list it. Applicant has rebutted or mitigated the government's security concerns under drug involvement, personal conduct, and criminal conduct. Clearance is granted.


Criminal Conduct; Personal Conduct

12/17/2008

Applicant mitigated trustworthiness concerns regarding Guidelines J (Criminal Conduct) and E (Personal Conduct). Applicant's court-martial and dismissal from military service were more than 13 years ago. Her subsequent conduct establishes that she is rehabilitated. Applicant's eligibility to occupy an ADP I/II/III position is granted.


Drugs, Criminal Conduct, Personal Conduct

12/16/2008

Applicant used marijuana while in the navy from 2002 until 2004. He received an other than honorable discharge from the Navy in lieu of a court-martial for his illegal drug use. He did not reveal his drug use on his security clearance applications, in response to interrogatories, and to a security investigator. He admitted his false answers at the hearing. Applicant mitigated his drug use and criminal conduct but not his personal conduct. Clearance is denied.


Financial; Criminal Conduct

12/15/2008

Applicant acquired almost $30,000 in debt between 2005 and 2007, most of which was charged by his estranged wife to his account. Having quit two jobs and facing protracted periods of unemployment, only about $700 of this debt has been paid. Meanwhile, two incidents in which he was arrested were explained and, lacking convictions, they do not reflect adversely on Applicant. Financial considerations security concerns, however, remain. Clearance is denied.


Financial

12/15/2008

The Applicant has an prolonged period of unemployment or under employment. She has now addressed all of the alleged past due debts, has a positive monthly cash flow, and money in savings. Clearance is granted.


Financial; Personal Conduct

12/15/2008

Applicant failed to mitigate the security concerns arising from financial considerations and personal conduct. He falsified his security clearance application. Eligibility for access to classified information is denied.


Financial

12/15/2008

Applicant has acted reasonably with regards to his disputes with his wife, which concern four of the debts in the SOR. He has paid off three of the remaining debts (there is one duplicate), and is current on the other one. In all other respects his financial situation is sound. Applicant is eligible for a security clearance. Clearance is granted.


Guideline F

12/15/2008

Although Applicant identifies an error in the Judge's decision with regard to her high school graduation date, she does not identify any error likely to change the outcome of the case. Adverse decision affirmed.


Guideline F

12/15/2008

The Judge's favorable findings of fact are supported by the record but do not support his adverse conclusions. Adverse decision remanded.


Guideline J; Guideline F

12/15/2008

Applicant has not identified any harmful error. Adverse decision affirmed.


Guideline H; Guideline E

12/15/2008

Judge's decision was premised on his conclusion that Applicant's falsification was isolated. At the hearing, Applicant offered inconsistent explanations for his false answer to question 24 of his security clearance application. The Board concludes that this amounts a second falsification. Furthermore Applicant provided false information in an interrogatory. Therefore, the Judge's premise for applying the mitigating conditions was not valid. Favorable decision reversed.


Financial

12/15/2008

Applicant is a 33-year-old single mother of four children. She has approximately $44,755 in delinquent debt spanning an eight year period. She did not provide any documented evidence that she has resolved any of the delinquent debt. Applicant failed to mitigate the trustworthiness concerns. Clearance is denied.


Financial

12/15/2008

Applicant incurred a significant amount of debt as a result of a failed business, a failed marriage, and several periods of unemployment. She filed for Chapter 7 bankruptcy in May 2007. Her debts were discharged in August 2007. Security concerns remained due to a $13,000 delinquent student loan account and several minor delinquent debts. Applicant rehabilitated her student loans and resolved the minor debts. Her financial situation has stabilized. Security concerns under financial considerations are mitigated. Clearance is granted.


Foreign Preference

12/12/2008

Applicant is a U.S. citizen by birth and as a young minor became a naturalized citizen of Mexico through the efforts of his father (of Mexican descent and citizenship). Applicant exercised his dual citizenship with Mexico in very limited ways. He received educational benefits in Mexico, acquired a Mexican passport after becoming a Mexican citizen, and used it over the years for identification purposes only when entering and exiting Mexico on family visits. He does own a condominium unit in Mexico and has an inheritance expectancy that could be jeopardized should he renounce his Mexican citizenship. However, he has since surrendered his Mexican passport to his employer's facility security officer and expressed his willingness to consider renouncing his Mexican citizenship. He extenuates and mitigates security concerns associated with his past receipt of primary education benefits, his possession and use of his Mexican passport, and his Mexican property ownership and expectancy interests by virtue of his returning his passport and expressing a willingness to consider renouncing his Mexican citizenship. Besides his Mexican condominium and inheritance expectancy, Applicant has no other material rights, privileges or benefits by virtue of his dual U.S.-Mexico citizenship and maintains his undivided loyalties to the U.S. Clearance is granted.


Outside Activities; Foreign Preference; Foreign Influence

12/12/2008

The Applicant's representation of the United Kingdom, and his consulting for Australia, are at the behest of and sanctioned by the U.S. Government. Clearance is granted.


Alcohol; Personal Conduct

12/12/2008

Applicant's two DUIs are mitigated by the passage of time and by substantial evidence he is not alcohol dependent and is living a sober responsible lifestyle. Concerns about his employment history are mitigated by the infrequency of adverse conduct and by substantial evidence of mature, responsible behavior over the past five years. Request for security clearance is granted.


Financial

12/11/2008

The Statement of Reasons alleges eleven delinquent debts. Applicant provided documentation showing consistent payment of child support over the past nine years, and payment on an income tax debt over the past five years. He paid several debts and established payment plans for others. Applicant has demonstrated responsibility and a good-faith effort to resolve his financial obligations, allaying the government's security concerns under Guideline F. Clearance is granted.


Financial

12/11/2008

Applicant owes approximately $95,000 on 15 past due accounts including a tax lien of approximately $34,000. None of the debts have been paid. Applicant has not rebutted or mitigated the government's security concerns under financial considerations. Clearance is denied.


Financial; Personal Conduct

12/11/2008

Applicant had a history of financial difficulties. She has resolved the majority of her overdue debts, and her financial situation is stable and current. Applicant believed that the financial information that she provided to the Government, on a Security Clearance Application (SCA), was materially correct, and her conduct as a whole has not exhibited questionable judgement or lack of candor. Mitigation has been shown. Clearance is granted.


Financial

12/11/2008

Applicant is 58 years old, divorced from his first wife by whom he had two children, and is recently remarried. He incurred seven delinquent debts totaling $11,704. Applicant has repaid five debts, and has repayment plans in place for the remaining two debts. Applicant mitigated the financial considerations security concerns. Clearance is granted.


Foreign Influence; Personal Conduct

12/11/2008

Applicant is 32 years old, married, and has one child. He wants to return to work for a defense contractor as a translator in Iraq. Applicant was born in Iraq, but has lived in the United States since 1993. He and his immediate family have U.S. citizenship. He has a U.S. passport. His wife has relatives who have Iraqi citizenship, but are refugees living in Syria with whom he has no contact. Applicant owns his home in the United States and has strong connections to the United States for giving him refuge. He had two minor incidents since 1997 with authorities. He had two personal incidents involving a woman while married to his wife. Applicant mitigated the foreign influence and personal conduct security concerns. Clearance is granted.


Financial; Personal Conduct

12/11/2008

Applicant paid two judgments, a store account, and is paying two tax liens and his student loans. He established a good-faith effort to settle his delinquent debts, thereby mitigating security concerns for financial issues. He did not deliberately provide false information on two security clearance applications since the judgments and store debt had been paid, and he was paying his tax liens and student loans. Clearance is granted.


Personal Conduct; Criminal Conduct

12/11/2008

Applicant's acceptance of responsibility for his deliberate falsifications on security clearance applications in 1998 and 2006 mitigated concerns raised under criminal conduct. Personal conduct concerns are not mitigated. Doubts remain about his trustworthiness and reliability due to his deliberate omission of illegal drug use on his 1998 security clearance application; his continued use of illegal drugs while on active duty in the military and while possessing a security clearance and SCI access, and his intentional omission of the denial of his SCI access in March 2003 on his most recent security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence

12/11/2008

Applicant is 52 years old and is employed as a Repair Manager by a defense contractor. He is a dual citizen of Iran and the United States. He has an Iranian passport that has expired and he has no intention of renewing it. He is also willing to renounce his Iranian citizenship. However, he has significant family ties in Iran including his father and 6 sisters that raise a security concern. Clearance is denied.


Personal Conduct; Criminal Conduct

12/11/2008

The Applicant is a 49 year old Director of Network Systems Technology for a defense contracting company. She deliberately concealed material information on her security clearance application concerning her marriage history, specifically concealing a former spouse that was involved with the Applicant in a deportation proceeding for allegedly committing a fraudulent marriage. Clearance is denied.


Drugs; Personal conduct

12/10/2008

The Applicant last used marijuana about a year ago, after executing his e-QIP, but before being granted a security clearance. He has since left the environment that sanctioned his drug abuse, and formally vowed, by way of a signed statement, no future drug abuse. Clearance is granted.


Financial; Personal Conduct

12/10/2008

Applicant's statement of reasons (SOR) alleged three delinquent mortgage debts on real estate properties and a delinquent condominium fee, totaling $484,137. One debt was paid during the foreclosure process. He now has $144,000 in delinquent debt. The allegation that he deliberately falsified his security clearance application is not substantiated. Applicant mitigated personal conduct security concerns; however, he failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Criminal Conduct; Drugs; Personal Conduct

12/10/2008

Applicant engaged in criminal conduct on at least 6 occasions and as recently as a DUI on July 2007, for which he still has two more years of probation. He also provided untruthful information to the Government many times and in different forms. Mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

12/10/2008

ADP case. The Applicant is resolving all of her past due indebtedness in an appropriate fashion. These debts occurred because she had to leave an abusive relationship. Applicant did not falsify her Government questionnaire. Access to sensitive personal information is granted.


Guideline J

12/10/2008

The Appeal Board's authority is limited. The Board does not review a case de novo. Adverse decision affirmed.


Guideline F; Guideline E

12/10/2008

Applicant's claim that his due process rights were compromised by his self-representation, the record demonstrates that Applicant received detailed pre-hearing guidance from DOHA explaining his rights and was advised of his right to employ counsel, or to have some other person represent him at the hearing; his right to present evidence and witnesses; his right to cross examine witnesses against him; and his right to object to evidence. A review of the entire record discloses no basis to conclude that Applicant was denied the rights due him under the Directive or that he had not been adequately advised of those rights.. Having decided to represent himself during the proceedings below, Applicant cannot fairly complain about the quality of his self-representation or seek to be relieved of the consequences of his decision to represent himself. Adverse decision affirmed.


Financial; Personal Conduct

12/10/2008

Applicant had seven delinquent debts. He resolved six debts. Applicant failed to mitigate security concerns regarding personal conduct and financial considerations. He knowingly and deliberately failed to disclose two felony convictions on his security clearance application. He also failed to resolve one debt for $8,708 to a credit card company. Eligibility for access to classified information is denied.


Financial, Criminal Conduct, Personal Conduct

12/10/2008

Applicant continued raising his children after his ex-wife was relieved of paying child support. Related expenses, plus two periods of unemployment in 2002 and 2003, led to the acquisition of delinquent debt which remains mostly unaddressed. Although he neglected to enumerate his delinquent debts in his security clearance application, he did fully detail his bankruptcy petition. He also failed to disclose a criminal conviction. Applicant mitigated criminal conduct and personal conduct security concerns, but failed to mitigate similar concerns regarding his finances. Clearance is denied.


Guideline H; Guideline E

12/10/2008

The judge weighed the mitigating evidence offered by Applicant and reasonably explained why it was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Financial

12/09/2008

Applicant has many delinquent debts, most of which have been delinquent for years. Although he may have recently paid off some of the smaller debts, he has not repaid any of the larger ones, and the evidence does not establish that he is likely to repay these debts any time soon. Clearance is denied.


Financial

12/08/2008

The Statement of Reasons alleges seven delinquent debts, which started accruing in 2003. Applicant provided documentation showing that he paid two large debts last year, two debts in 2008, and that the creditors are removing two satisfied accounts from his credit report. His spouse has established a payment plan for the one remaining small debt. Applicant has resolved his financial obligations and allayed the government's security concerns under Guideline F. Clearance is granted.


Financial

12/08/2008

Applicant has approximately $75,000 of delinquent debt. Although he is working with a financial counselor and has structured a payment plan, it is too soon to conclude that the financial considerations security concern has been mitigated. Clearance is denied.


Foreign Influence

12/08/2008

The Applicant is a 45 year old Engineer for a defense contracting company. The Applicant's close and continuing relationship with her mother, father and brother in China pose a significant security risk. Sufficient rehabilitation has not been shown. Clearance is denied.


Criminal Conduct, Personal Conduct

12/08/2008

The Applicant's last act of Criminal Conduct occurred more than five years ago, and his Personal Conduct oversight occurred more than eight years ago. So much time has passed that they are not present security significance. Clearance is granted.


Drugs; Personal Conduct

12/08/2008

The Applicant is a 49 year old Aircraft Electronic Technician for a defense contracting company. In June 2006, while holding a Top Secret security clearance, the Applicant tested positive for marijuana during a random drug and alcohol urinalysis caused by an industrial accident related to his work. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

12/08/2008

Applicant is 55 years old. He has $127,334 in delinquent debt, including state and federal tax liens. He has taken no actions to resolve any of the debt. He failed to disclose the tax liens and most of the delinquent debt on his security clearance application. He signed his security clearance application averring that the information contained therein was complete and correct. Applicant failed to mitigate the financial considerations, personal conduct, and criminal conduct security concerns. Clearance is denied.


Foreign Preference, Foreign Influence

12/08/2008

Applicant was born and raised in Turkey as was his wife. He is a citizen of the United States (U.S.) and Turkey. His son is a U.S. citizen. His wife will be applying for U.S. citizenship shortly. His father and mother are dead. His two brothers and three sisters are citizens and residents of Turkey. His aunt and uncle are citizens and residents of the U.S. Two sisters are retired and one receives income through his father's pensions. His other sister and two brothers work in non-policy positions in companies subsidized or funded by the Turkish government. Two years ago, to please his mother, he complied with Turkish law regarding military service. After becoming a U.S. citizen, he continued to use his Turkish passport to travel to Turkey until it expired in May 2007. He did not renew the passport and has destroyed it. He is willing to renounce his Turkish citizenship. Given the strong ties between Turkey and the U.S. and other western countries, he has mitigated the government's security concerns under Guidelines B and C. Eligibility for a security clearance is granted.


Foreign Preference; Foreign Influence

12/08/2008

The Applicant is a 61 year old Senior Principal Multi-disciplinary Engineer for a defense contracting company. The Applicant has a close and continuing relationship with his family in Iran that pose a significant security risk. In addition, after becoming a United States citizen, he has traveled to Iran using his Iranian passport. He does not want to renounce his Iranian citizenship. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Personal Conduct

12/05/2008

The Applicant is a 45 year old Aircraft Mechanic for a defense contracting company. His history of excessive indebtedness has been resolved. He intentionally falsified his security clearance application in response to questions concerning his delinquent financial history. Sufficient mitigation has not been shown. Clearance is denied.


Financial

12/05/2008

Applicant failed to mitigate Guideline F (Financial Considerations) security concerns. Clearance is denied.


Guideline F

12/05/2008

The Board does not consider new evidence on appeal. A party's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Guideline F; Guideline E

12/05/2008

The presence of some mitigating evidence does not alone compel the Judge to issue a favorable trustworthiness determination. The Judge had to weigh the evidence as a whole. Adverse decision affirmed.


Guideline F

12/05/2008

The federal government need not wait until an applicant mishandles sensitive information before it denies or revokes access to such information. Trustworthiness determinations are not limited to consideration of job performance or on duty conduct. Adverse decision affirmed.


Guideline J; Guideline H; Guideline E

12/05/2008

There is a rebuttable presumption that a Judge is impartial and unbiased.. The issue is not whether a party personally believes the Judge was biased or unfair, but whether the record contains any indication that the Judge acted in a manner that would lead a reasonable person to question the Judge's impartiality. Applicant has failed to meet his heavy burden of persuasion on this issue. Adverse decision affirmed.


Financial

12/04/2008

Even though Applicant reports a monthly net remainder of almost $2,000, he is responsible for several unresolved financial delinquencies and lacks a coherent plan to resolve his debts. He has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Financial

12/04/2008

Between 1999 and 2003, Applicant accrued approximately $25,000 in debt which ultimately became delinquent. While he did provide documentation showing he has satisfied a more recent medical debt for about $400, no documentation was introduced to show any successful efforts to address the older delinquent debt. Consequently, financial considerations security concerns remain unmitigated. Clearance is denied.


Financial; Personal Conduct

12/04/2008

Applicant has encountered financial difficulty since 1998 when he filed for Chapter 7 bankruptcy. He continued to incur delinquent debts after his bankruptcy discharge. While he resolved several accounts, 23 delinquent accounts remain with no plan for resolving these debts. He did not intend to falsify his security clearance questionnaire and his application for a public trust position. I find for Applicant under the personal conduct concern. However, he has not mitigated the concerns raised under financial considerations. Clearance is denied.


Foreign Influence

12/04/2008

Applicant was born in Afghanistan and became a U.S. citizen in 1986. His wife became a naturalized citizen in 1989, and his two children are native born American citizens. His remaining brother lives in Afghanistan and works for the current Afghan government. In 2004 and 2006-07, he returned to Afghanistan as a linguist for the U.S. military, where he served with distinction. He mitigated the security concerns raised under Guideline B. Clearance is granted.


Financial

12/03/2008

Applicant's debts were discharged in bankruptcy in 1998. He started accumulating delinquent debt again in 2005 and has four delinquent debts amounting to over $42,000. He has taken no action to pay or resolve these debts. Clearance is denied.


Financial

12/03/2008

Applicant is a 36-year-old engineer with a Ph.D. in physics. His history of financial problems is attributable, in large part, to divorces in 1996 and 2006. He provided sufficient information to explain, extenuate, or mitigate his history of financial problems, which includes a federal tax lien that he is resolving via an installment payment agreement. Clearance is granted.


Criminal Conduct; Personal Conduct; Financial

12/03/2008

Security concerns raised under criminal conduct and personal conduct due to Applicant's arrest history and history of traffic offenses are not mitigated. Questions about Applicant's trustworthiness and reliability remain due to his deliberate failure to disclose his arrest history and an automobile repossession on his security clearance questionnaire. While he claims to have resolved the majority of his delinquent accounts, he provided no documentation verifying payment. He has not met his burden to mitigate the concerns raised under financial considerations. Clearance is denied.


Foreign Preference; Foreign Influence

12/01/2008

Applicant is a 62 year old dual citizen of Iran and the United States. He was born in Iran in 1946, moved to the United States in 1969, and became a naturalized United States citizen in 1994. Applicant continues to maintain his Iranian passport, which he has used on many occasions since becoming a U.S. citizen, and he is unwilling to renounce his Iranian citizenship. He also has close relatives who are citizens and residents of Iran. Mitigation has not been shown. Clearance is denied.


Financial; Criminal Conduct

12/01/2008

Applicant has had a long history of financial difficulties, and she has not resolved the majority of her overdue debts. She also has a history of criminal conduct. Mitigation has not been shown. Clearance is denied.


Financial

11/28/2008

For many years, Applicant and his estranged wife mismanaged their finances, which resulted in many unpaid debts over the years. Since their separation in January 2008, Applicant has been unable to pay the mortgage on two timeshares, which are now in the foreclosure process. In August 2008, his part-time job ended, causing an additional loss of monthly income for him. Currently, he lacks sufficient income each month to pay his expenses. He has resolved several of his smaller debts and renegotiated a forbearance plan for his home mortgage, but lacks income to pay a substantial number of his overdue debts. Clearance is denied.


Financial

11/28/2008

Applicant made no effort to resolve about $24,139 in delinquent debt until after the SOR was issued. He settled one debt but his financial situation remains tenuous because his monthly expenses and debt payments exceed his income. Clearance is denied.


Drugs

11/28/2008

Applicant's marijuana use between 2002 and 2007, his marijuana purchases, and his equivocal statement of intent regarding future use render him unsuitable for access to classified information. Clearance denied.


Personal Conduct; Criminal Conduct

11/28/2008

Applicant is 32 years old and failed to fully divulge on his security clearance all of his past arrests and that his security clearance and access to sensitive compartmented information had been revoked. Applicant failed to mitigate the security issues under the guidelines for personal conduct and criminal conduct. Clearance is denied.


Financial

11/28/2008

Applicant's statement of reasons (SOR) alleged nine delinquent debts, totaling $5,510. One debt was unsubstantiated. Three debts were included in her 2005 bankruptcy. Three debts were not established. She admitted responsibility for two debts, had the funds to pay them and promised to pay them. However, she did not pay those two debts, totaling about $1,156. Applicant failed to mitigate financial considerations security concerns. Clearance is denied.


Criminal Conduct; Sexual Behavior

11/28/2008

Applicant is a security guard who engaged in e-mail conversations with a minor over a number of months. A 2006 e-mail from Applicant to the minor contained inappropriate language that resulted in his being charged and convicted of annoying or molesting a minor (a misdemeanor), for which he was convicted. Applicant remains on probation and registered as a sex offender, and fails to mitigate criminal conduct concerns. His actions also reflect a lack of judgment or discretion that could place him at risk to exploitation, coercion or duress. He also fails to mitigate security risk associated with his judgment lapses under the sexual behavior guideline. Clearance is denied.


Financial

11/28/2008

Applicant is a 49-year-old supervisor of a call center. His history of financial problems is directly related to events or circumstances largely beyond his control, and he has acted responsibly in an effort to resolve his indebtedness. Clearance is granted.


Foreign Preference

11/28/2008

Applicant's wife is a citizen of Russia and lives with him in the United States. His mother-in-law and father-in-law are citizens and residents of Russia. He has on-going social contacts with Russian citizens and residents who were or are employed by the Russian government. Applicant failed to mitigate security concerns under Adjudicative Guideline B. Clearance is denied.


Alcohol; Personal Conduct

11/28/2008

Applicant abused alcohol for approximately 22 years. In May 2008, he was diagnosed by a substance abuse counselor as alcohol dependent. His habitual abuse of alcohol, his intentional falsification regarding a drug transaction he observed in June 1994, and other instances of poor judgment, have not been mitigated. Eligibility for access to classified information is denied.


Guideline F

11/26/2008

Appeal Board's authority is limited. The Board does not have authority to grant interim clearances. Adverse decision affirmed.


Foreign Influence; Foreign Preference

11/26/2008

Applicant was born and raised in the U.S. His parents submitted his application for Turkish citizenship and a Turkish passport when he was a child. He used the Turkish passport to travel to Turkey until its expiration in 1998. He has not possessed a valid foreign passport in over ten years. Foreign influence concerns raised by Applicant's family members being citizens of and residing in Turkey, and two financial interests in Turkey are mitigated due to his longstanding ties in the U.S. He had no personal financial stake in the financial interests and is in the process of removing his name from both interests. He is willing to renounce his Turkish citizenship. Foreign preference and foreign influence concerns are mitigated. Clearance is granted.


Financial

11/26/2008

Applicant exercised poor judgment in January 2003 by leaving the security of two jobs for a poorly planned venture that was seriously underfunded. He compounded his poor judgment by staying with the venture until March 2005,even though his last paycheck was in March 2003. However, Applicant was able to find employment immediately. The record reflects he resolved two unlisted creditors in 2005 and 2006. He also paid two of the smaller debts listed in the SOR, along with consolidating the remaining six accounts in a plan that he has made three payments on. Eligibility for access to classified information is granted..


Guideline B

11/26/2008

Applicant's father lives in Afghanistan. Applicant made two untrue statements regarding his relationship with an Afghan official. Adverse decision affirmed.


Guideline j; Guideline I; Guideline E

11/26/2008

The Board cannot consider new evidence on appeal. Applicant has not demonstrated error by the Judge. Adverse decision affirmed.


Financial

11/25/2008

Applicant accumulated numerous debts after being laid off from September 2001 to August 2002 and underemployed until December 2007. He resolved two of 21 delinquent debts, but he has taken no action to resolve the remaining debts, even though he has been gainfully employed for ten months and his credit counselor has presented him with a plan to resolve the remaining debts. Clearance is denied.


Personal Conduct; Criminal Conduct

11/25/2008

Applicant used marijuana on numerous occasions after receiving a clearance in 1983 and eligibility for access to Sensitive Compartmented Information in 2000. He did not disclose his marijuana use on his security clearance application in 2005. Clearance is denied.


Financial; Personal Conduct

11/25/2008

The Applicant is a 42 year old Electrical Technician for a defense contracting company. Two divorces and an unsuccessful business venture caused his financial indebtedness. He has since filed Bankruptcy and discharged the debt. He is now meeting all of his financial obligations in a timely manner. He did not intentionally falsify his security clearance application by failing to reveal his debt, since he did not know about it. Sufficient mitigation has been shown. Clearance is granted.


Personal Conduct

11/25/2008

The Applicant is a 34 year old Production Engineering Support Technician with a defense contracting company. His arrest and methamphetamine use in 2005, while holding a security clearance, and his failure to reveal this adverse information during his special security access investigation in 2006, has not been mitigated. Sufficient rehabilitation has not been shown. Clearance is denied.


Foreign Preference

11/25/2008

Applicant used and continues to possess a currently valid Polish passport, which he renewed in 2005 for travel to Poland after he became a U.S. citizen. He voted in a Polish referendum after becoming a U.S. citizen. Security concerns pertaining to foreign preference are not mitigated. Eligibility for a security clearance is denied.


Alcohol, Personal Conduct, Criminal Conduct, Financial

11/25/2008

Applicant had three driving while intoxicated offense, the latest occurring in 2006. He has not established that he attends alcohol counseling or any rehabilitation program. Applicant has a series of offenses for driving on a revoked or suspended driver's license. He mitigated personal conduct security concerns for wrong answers on his security clearance application but not for the course of action based on his driving offenses. Likewise, he mitigated criminal conduct security concerns for his answers on the security clearance application but not for his driving offenses. He has not taken any actions to pay two judgments placed against him. He is current on payments for two credit card accounts. Clearance is denied.


Financial; Foreign Preference

11/25/2008

Applicant's unresolved financial difficulties, coupled with her residence in—and family and financial connections to—South Korea, render her an unsuitable candidate for access to classified information. Clearance denied.


Personal Conduct

11/25/2008

The Applicant is a 29 year old Linguist seeking employment with a defense contracting company. While working at GITMO as a linguist from 2004 to 2006, he received three separate complaints for misconduct. This misconduct included attempting to sponsor an authorized person into GITMO, accessing inappropriate pornographic websites and losing his security badges. Sufficient rehabilitation has not been shown. Clearance is denied.


Foreign Preference; Foreign Influence

11/25/2008

Applicant (a naturalized U.S. citizen) has immediate family members (his brother and sister) who were born and raised in Taiwan and are citizens and residents of Taiwan. Applicant maintains his dual citizenship with Taiwan and retains his Taiwan passport. Based on his continued retention of his Taiwan passport, he fails to mitigate foreign preference concerns. By contrast, his family interests in Taiwan present manageable risks and enable him to mitigate any potential risk to undue foreign influence concerns under Guideline B. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

11/25/2008

This 48-year-old employee has not mitigated the security concerns under the personal conduct guideline because he intentionally falsified his security clearance application in May 2002 and failed to credibly explain at the hearing why he failed to disclose his 2002 DWI. Although, this falsification is a violation of Title 18, United States Code, Section 1001, which is a felony, it was in 2002, which is not recent. He has mitigated criminal conduct and alcohol consumption concerns. Clearance is denied.


Guideline F; Guideline G

11/25/2008

The Board cannot consider new evidence on appeal. Applicant does not appeal the Judge unfavorable findings and conclusions under Guideline G. Adverse decision affirmed.


Financial

11/25/2008

Applicant accrual of approximately $40,000 of delinquent debt generates a financial considerations security concern that she failed to mitigate. Clearance is denied.


Foreign Influence

11/25/2008

Applicant's relatives in Cape Verde, France, and Senegal, and her Cape Verdian bank account generate a foreign influence security risk. After considering the nature of the relationships, the countries, and the accounts, I conclude she has mitigated the security risk. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

11/25/2008

Applicant began using marijuana in August 2005, after applying for a security clearance. He received a clearance in January 2006. He applied for a higher level of clearance in March 2006, while continuing to use marijuana about once a week. He did not disclose his marijuana use on his March 2006 application. Security concerns based on drug involvement, personal conduct, and criminal conduct are not mitigated. Clearance is denied.


Criminal Conduct; Alcohol

11/25/2008

Applicant is 21 years old and is employed by a defense contractor. Applicant has a marijuana arrest and disposition, and a driving while intoxicated arrest and disposition, within a 14 month period of time, when he was about 19 years old. Applicant did not mitigate the criminal conduct or alcohol consumption security concerns. Clearance is denied.


Sexual Behavior; Personal Conduct, Information Technology

11/25/2008

Over a period of 20 years, while employed as a government contractor, Applicant used his employers' computers at work to access and view pornographic images. Applicant failed to mitigate security concerns under the Sexual Behavior, Personal Conduct, and Information Technology adjudicative guidelines. Clearance is denied.


Guideline E

11/25/2008

A review of the record indicates that the Judge weighed the mitigating evidence offered by Applicant against the length and seriousness of the disqualifying conduct and considered the possible application of relevant conditions and factors. He reasonably explained why the evidence which the Applicant had presented in mitigation was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Financial; Personal Conduct

11/25/2008

Applicant is a 36-year-old security officer. He did not present sufficient evidence to mitigate his history of financial problems, which consists of approximately $43,000 in delinquent debts. Clearance is denied.


Financial

11/25/2008

Applicant's illness, divorce and business-related factors were unforeseen events that complicated the closure of his company in 2002. However, Applicant has had a reasonable amount of time to repair his finances and address the debts since that time, particularly since October 2005, when he began working for his current employer. In addition, Applicant's current lay off status cannot excuse his current dispute of at least three listed debts that he accepted responsibility for in his answer to the SOR in September 2007. Eligibility for access to classified information is denied.


Foreign Influence; Personal Conduct

11/25/2008

The Applicant is a 42 year old Chief Operating Officer and owner of a defense contracting company. Her foreign contacts, that include her father, who was involved in Lebanese internal affairs has been mitigated. Her deliberate falsifications on her Government forms, specifically the Certificate Pertaining to Foreign Interests and on her Security Clearance Application by failing to disclose her foreign contacts have not been mitigated. Clearance is denied.


Security Violations; Information Technology; Personal Conduct; Foreign

11/24/2008

Applicant has a history of security violations. His most recent were deliberate, including removing classification markings from a document he downloaded from a classified computer and transmitting it on an unclassified computer. He intentionally failed to divulge his past disciplinary actions when interviewed by a government investigator. He also was a dual citizen of Ireland and held an Irish passport. Prior to his hearing he renounced his Irish citizenship. He mitigated the security concerns regarding his foreign preference, but failed to mitigate the security concerns regarding his handling protected information, misuse of information technology systems, and personal conduct. Clearance is denied.


Financial

11/24/2008

After his debts were discharged in bankruptcy in December 2003, Applicant acquired about $19,000 in new debt within five years. Other than some dispute letters and six nominal payments, Applicant has made little effort to address or satisfy this delinquent obligations. Clearance is denied.


Financial

11/24/2008

Applicant started abusing marijuana as a teenager in 1987. He used it sporadically, sometimes stopping for as long as six months, but always returning to its use. Applicant resolved to quit in 2005, subject to special occasions. Two less than stellar occasions served as excuses to abuse the drug again before he finally quit in 2007. In light of his record, insufficient time has passed to determine Applicant commitment and ability to remain drug-free. Drug Involvement security concerns remain unmitigated. Clearance is denied.


Financial; Personal Conduct

11/24/2008

Applicant owes more than $36,000 in delinquent personal debt. Much of his debt arose from his loss of a job in 2002 and a divorce in 2003. Since becoming steadily employed in 2006, he has not reasonably acted to resolve his indebtedness. Applicant also deliberately falsified his answers to e-QIP questions about his debts and past arrests for drug and alcohol-related offenses. His response to this adverse information was insufficient to mitigate the corresponding security concerns. Request for security clearance is denied.


Financial

11/24/2008

Applicant has either satisfied or reasonably disputed the few delinquent debts he has. Clearance is granted.


Financial; Personal Conduct

11/24/2008

Although applicant has taken serious steps to address her delinquent debts, she has not made much progress in actually reducing this indebtedness. In addition, the evidence does not establish she is unlikely to experience additional financial difficulties. Clearance is denied.


Financial; Personal Conduct

11/24/2008

The Applicant is over $30,000.00 in debt and has been in debt for several years. He has only just begun to take control over his finances, and there is little to no evidence that he will not have this problem again. He did not falsify two different personnel security questionnaires. Insufficient mitigation is shown. Clearance is denied.


Guideline H

11/21/2008

Applicant used marijuana over 100 times between 1972 and 2007. He stated that he does not intend to use marijuana again but that he would if it was offered to him. The record supports the Judge's conclusion that Applicant is an unlawful used of marijuana. Adverse decision affirmed.


Guideline F; Guideline J; Guideline E

11/21/2008

The judge found that Applicant still has some $26,000 in delinquent debt. The Judge concluded that Applicant had not demonstrated sufficient mitigation to support a favorable security clearance determination. Adverse decision affirmed


Guideline F

11/21/2008

Applicant's proffer of the bankruptcy discharge is new evidence which the Board cannot consider. At the time of the hearing the bankruptcy proceedings were ongoing. Also, the Judge's conclusion that Applicants financial problems were not primarily the product of circumstances beyond control was reasonable in light of the sustainable findings. Adverse decision affirmed.


Alcohol; Criminal Conduct

11/20/2008

Between 2002 and 2003, Applicant's mother died, his wife filed for divorce, and he retired from the military. He was then convicted of driving under the influence of alcohol in 2004, 2005, and 2007. His last conviction included three years of probation. Although he underwent an extensive alcohol rehabilitation program and has embraced sobriety, 19 months of abstinence is insufficient to mitigate alcohol consumption concerns. Clearance is denied.


Financial

11/20/2008

Applicant has had a history of overdue debts, many of which remain unresolved, with little chance of them being resolved. Mitigation has not been shown. Clearance is denied.


Financial

11/20/2008

Applicant accrued more than $22,000 in delinquent personal debt during his previous marriage and during an overseas move for his job. He has paid or otherwise resolved all but 10% of those debts. His current monthly cashflow is sufficient to resolve his debts and avoid future delinquencies. Applicant has mitigated the security concerns about his finances. Security clearance is granted.


Financial

11/20/2008

Although applicant has addressed some of her past-due debts, the evidence does not support a finding that she is likely to be in a position anytime soon to address the bulk of her past-due indebtedness, or that she well not experience additional financial difficulties. Clearance is denied.


Alcohol; Criminal Conduct

11/20/2008

Applicant was convicted of driving under the influence (DUI) in June 2000. In October 2006, he was arrested and charged with DUI, and with his subsequent refusal to take a breath test. He pled guilty to the latter charge, and the DUI charge was dismissed. He remains on probation for this offense, and continues to drink. Eligibility for access to classified information is denied.


Foreign Preference, Foreign Influence, Personal Conduct

11/20/2008

Applicant was born and raised in Sudan. His Sudanese passport expired in 2000, and he acquired a U.S. passport in 2004, which he has used to travel twice to Sudan. Applicant has six siblings who are citizens and residents of Sudan. His wife is a citizen of Sudan. She has on-going familial contacts with her parents, who are citizens and residents of Sudan. Applicant mitigated security concerns under Adjudicative Guidelines C and E. He failed to mitigate security concerns under Adjudicative guideline B. Clearance is denied.


Foreign Influence

11/20/2008

Applicant failed to mitigate the foreign influence security concerns arising from his relationship and contacts with Indian citizens. Eligibility for access to classified information is denied.


Information Technology; Personal Conduct

11/20/2008

Applicant knowingly and illegally downloaded copyrighted material from the internet without paying for it, about once a month from about 1993 until October 2007. In 1999, he stole computer equipment worth about $300 from his employer. Clearance is denied.


Foreign Influence

11/19/2008

The Applicant is a 49 year old Translator/Linguist applying for a position with a defense contracting company. He has foreign contacts with Syria. He was born in Syria in 1959, and lived there until 1988, when he moved to the United States to make it his permanent home. He became a naturalized United States citizen in 2003. He has served as an interpreter for the United States Army and the Marines in Iraq and GITMO. His letters of recommendation, performance reviews and certificates of appreciation for honorably duty to the mission of the United States are exemplary. He has four siblings in Syria, who have no associations with the Syrian government. Applicant has limited contact with his siblings, and they have no knowledge of what he does, and they do not pose a security risk. Clearance is granted.


Drugs; Personal Conduct

11/19/2008

The Applicant is a 58 year old Deputy Chief Engineer for a defense contracting company. He was worked for the defense industry and held a security clearance for thirty- five years. He used marijuana from 1996 until 2007 while holding a security clearance. In November 2007, he stated that he intended to use marijuana in the future. He has since changed his mind about it, and has no intentions of using it in the future. Sufficient mitigation has not been shown. Clearance is denied.


Personal Conduct, Drugs, Criminal Conduct

11/19/2008

Applicant used marijuana for about three years in college. Before graduation, he completed a security clearance application and noted that it asked about drug use. He denied using drugs on the form, but quit using them shortly thereafter. A year later, he again denied having used drugs on a subsequent application. Knowing it could jeopardize his career, he recanted to investigators. Since then, he has demonstrated contrition, remained drug-free, changed his lifestyle, and excelled within his profession. Applicant mitigated personal conduct, drug, and criminal conduct security concerns. Clearance is granted.


Alcohol

11/19/2008

The Applicant has had three alcohol related arrests in 22 years, the last in 2006. The record showed no evidence of a pattern, or that the Applicant is alcohol dependent or an alcohol abuser. Sufficient mitigation is shown. Clearance is granted.


Financial

11/19/2008

Applicant owes more than $24,000 in delinquent personal debt. Only recently has she sought any financial counseling or assistance to improve her finances. In 1996, she was convicted of embezzlement for stealing at least $10,000 from a bank for whom she worked as a teller. She failed to mitigate the security concerns about her finances. Eligibility for ADP I/II/III position is denied.


Financial

11/18/2008

Applicant has had a history of overdue debts, all of which remain unresolved. Mitigation has not been shown. Clearance is denied.


Financial

11/18/2008

Applicant has had a history of overdue debts, many of which remain unresolved. However, he has engaged the services of a credit counseling service, and there seems to be a good plan in place to resolve these overdue debts. Mitigation has been shown. Clearance is granted.


Drugs: Personal Conduct

11/18/2008

Applicant began using marijuana in 1971. After being granted a security clearance in 1972, he continued to use it until his clearance was administratively terminated in approximately 1985. He stopped using marijuana briefly while he attended drug treatment in 2004, but resumed shortly afterward. He discontinued marijuana use in 2006, and has abstained since that time. On his Security Clearance Application, he disclosed his drug use but listed his final use as April 2006 instead of December 2006. His stated intent to remain drug-free does not outweigh his drug use for more than 35 years, and his use while holding a security clearance. Applicant has failed to allay the government's security concerns under Guidelines H and E. Clearance is denied.


Guideline F; Guideline E

11/18/2008

After reviewing the record the Board concludes that the Judge's findings are based on substantial evidence or constitute reasonable characterizations or inferences that could be drawn from the record. Security clearance determinations are not limited to consideration of work performance or conduct during duty hours. Adverse decision affirmed


Guideline B

11/18/2008

There is a rebuttable presumption that federal officials and employees carry their duties in good faith. A party seeking to rebut that presumption has a heavy duty on appeal. Given the record, the Judge's finding of deliberate falsification is sustainable. Adverse decision affirmed.


Personal Conduct; Criminal Conduct; Drugs; Alcohol

11/18/2008

Applicant is a mature man with a history of employment-related difficulties, alcohol abuse, illegal drug use, and dishonesty. Clearance is denied.


Guideline F

11/18/2008

Decisions in other hearing level cases are not legally binding precedent even if an applicant can establish close factual similarities between cases. The Directive presumes a nexus between proven conduct under any Guideline and an applicant security eligibility. Adverse decision affirmed.


Guideline G

11/18/2008

Applicant demonstrates that the Judge erred in several of his findings of fact. Nonetheless, the Judge's errors did not lead him to treat Applicant as having committed more alcohol-related conduct than the record would sustain. The Judge's analysis focused on several matters which are supported by substantial record evidence. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

11/18/2008

Applicant's illegal drug use is recent, and it occurred after he told the Government he did not intend to use drugs. He failed to unequivocally state he would not use illegal drugs in the future. Clearance is denied.


Alcohol; Drug; Personal Conduct, Criminal Conduct

11/17/2008

Applicant committed three alcohol-related criminal offenses between 2001 and 2008. His most recent Driving While Intoxicated (DWI) offense occurred on May 25, 2008, after he applied for a security clearance. Applicant is still on probation and has started, but not completed, all court-ordered alcohol treatment. Applicant failed to mitigate security concerns arising from alcohol consumption, personal conduct and criminal conduct. Drug involvement security concerns are mitigated because they are not recent. Clearance is denied.


Financial

11/17/2008

The Statement of Reasons alleges a total of approximately $24,000 in delinquent debt, which started accruing in 2005. Applicant contends he has made payments on one debt, and is in the process of arranging a payment plan for another debt. There is no evidence of either the payments or the payment plan, and no indication of financial counseling. Without evidence of a good-faith effort to resolve his significant delinquent debt, Applicant has failed to allay the government's security concerns under Guideline F. Clearance is denied.


Drugs; Criminal Conduct

11/17/2008

Applicant used marijuana and cocaine regularly from 1997 to 2006. He also sold both drugs, experimented with others, and was convicted of drug possession twice during that period. He has abstained from drug use since entering inpatient rehabilitation in February 2006. He has changed his lifestyle, has an excellent work record for 30 months, and is committed to continued abstinence. Applicant is making significant progress but, given his long history of criminal substance abuse, insufficient time has passed to demonstrate permanent behavioral change. Eligibility for access to classified information is denied.


Guideline F

11/17/2008

At the time of the decision Applicant had significant outstanding debts. The Judge's conclusion that Applicant had failed to mitigate the security concerns arising from these debts is sustainable. Adverse decision affirmed.


Guideline B

11/17/2008

Applicant failed to overcome security concerns arising from his close family members residing in Iran. Adverse decision affirmed.


Guideline E; Guideline J

11/17/2008

The Judge erred in applying the current Adjudicative Guidelines, in light of the fact that Applicant's SOR was issued prior to September 1, 2006. Adverse decision remanded.


Foreign Influence

11/14/2008

Applicant mitigated security concerns regarding foreign influence. He established his deep and long-standing relationships with his family in the United States and his other connections to this country, as well as his support of the U.S. Army while serving under hazardous conditions in Afghanistan as a translator. Based on all the record evidence, it is clear that he will resolve any conflicts in favor of U.S. interests. Access to classified information is granted.


Foreign Influence

11/14/2008

Applicant, a person of Syrian nationality, emigrated to the U.S. in 1993, failed to mitigate allegations relating security concerns relating to her parents, her mother-in-law, two brothers and two sisters who were citizens of and living in Syria. Although she expressed strong loyalties and ties of affection to the U.S. where she is married with four children, the closeness of the extended family in a country identified with support of terrorism with a record of lack of respect for human rights creates serious security concerns. Clearance is denied.


Financial

11/14/2008

Applicant accrued approximately $41,500 of delinquent debt between 1998 and 2005. Although she has made good-faith efforts to resolve them, and they were caused in part to circumstances beyond her control, it is too soon to conclude that she has mitigated the financial security concern given the amount of the debt still outstanding, and her inability to afford a payment plan. Clearance is denied.


Guideline F

11/14/2008

Applicant argued that the Judge did not give appropriate weight to the evidence in mitigation which Applicant had provided. However, disagreement with a Judge's weighing of the evidence does not demonstrate error by the Judge. Adverse decision affirmed.


Guideline K; Guideline E

11/14/2008

Security concern arose from two separate instances of security violations. Applicant also admitted to two additional violations not referenced in the SOR. Judge's decision that Applicant had failed to mitigate the concerns raised in the SOR is sustainable. Adverse decision affirmed.


Guideline H; Guideline G

11/13/2008

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


Financial; Personal Conduct

11/13/2008

Applicant had two delinquent debts. He was unaware of one and honestly thought the other was paid. He paid one debt and has taken steps to resolve the second. He did not intentionally provide` false information on a security questionnaire because he did not know the two debts were delinquent. Clearance is granted.


Financial

11/13/2008

Applicant incurred some unpaid debts, most recently the unpaid debt for a voluntary car repossession. He has resolved or is resolving his small debts. The credit reports of record reflect that Applicant has regularly and consistently paid most of his monthly bills as agreed for many years. When his wife became disabled, they were behind in some of their monthly payments, but were able to return most of the debts to current status. In light of his significant track record for paying his monthly bills over the years, the government's security concerns under Guideline F are mitigated. Clearance is granted.


Guideline F

11/13/2008

There is a rebuttable presumption that the Judge considered all the evidence. There is no requirement that the Judge discuss every piece of evidence. Adverse decision affirmed.


Foreign Preference

11/13/2008

Even though Applicant became a U.S. citizen on March 26, 2003, and received his U.S. passport on March 31, 2003, he continued to use his Swedish passport for the convenience passport provided in getting in and out of Sweden and other countries in Europe. To mitigate Applicant's foreign preference, he must surrender his foreign passport and/or have it destroyed. Because Applicant has done neither, the foreign preference guideline is found against him. Eligibility for access to a security clearance is denied.


Financial; Criminal Conduct; Personal Conduct

11/13/2008

Applicant accumulated 26 delinquent debts totaling more than $30,000. He has a record of arrests for domestic violence. He failed to disclose pending charges on his security clearance application. Clearance is denied.


Guideline F; Guideline E

11/13/2008

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


Criminal Conduct; Personal Conduct; Sexual Behavior

11/13/2008

Applicant failed to mitigate criminal conduct, personal conduct, and sexual behavior security concerns. Moreover, he falsified his security clearance application. Eligibility for a security clearance is denied.


Foreign Influence; Foreign Preference

11/12/2008

Applicant has surrendered his Israeli passport and has initiated the renunciation of his Israeli citizenship. He had dual citizenship due to his birth in Israel. He has lived in the United States since he was nine months old. Although his wife was born in Israel, his immediate family members are U.S. citizens and live in the U.S. He has no financial interests in Israel. He has longstanding loyalties to the U.S. He has mitigated security concerns. Clearance is granted.


Financial Considerations; Personal Conduct

11/12/2008

Applicant failed to mitigate the financial considerations security concern because he did not present sufficient information about his efforts to pay or mitigate his six delinquent debts, totaling about $15,500. Personal Conduct concerns were mitigated. Clearance is denied.


Personal Conduct; Criminal conduct

11/12/2008

Applicant was arrested and charged with alien smuggling in violation of 8 U.S.C.  1324 (a felony) in 2001, but was never prosecuted for the offense. The evidence was insufficiently developed to warrant findings of knowing or reckless transporting of undocumented aliens into the U.S., and the substantive allegations, accordingly, are unsubstantiated. Of added security concern are Applicant's omission of his arrest/charge in the e-qip he completed in April 2007. Applicant's explanations for not listing the arrest (unaware of any arrest, mistaken understanding of the arrest date, and checking state records but not federal records) were insufficiently credible under all of the circumstances considered to avert findings of falsification. He did not correct his omissions until confronted. Accordingly, Applicant's arrest omission is not mitigated under the personal conduct guideline, although, the criminal implications of the omission are mitigated. Clearance is denied.


Foreign Influence

11/12/2008

Applicant, an ethnic Kurd, was born and raised in Iraq. He has nine siblings who are citizens and residents of Iraq. His wife, also an ethnic Kurd, was born and raised in Syria. She has on-going familial contacts with her parents, who are citizens and residents of Syria. Applicant failed to mitigate security concerns under the Foreign Influence adjudicative guideline. Clearance is denied.


Guideline F

11/12/2008

The government's burden to produce evidence arises only in regard to controverted facts. The record contains a paucity of evidence that Applicant has acted responsibly with regard to her delinquent debts, her two bankruptcies her conviction bouncing a check and her home foreclosure. Favorable decision reversed


Guideline B

11/12/2008

Individual statements by a Judge must be viewed in the context of the entire decision, not in isolation. Applicant failed to mitigate security concerns arising from ties to Iran. Adverse decision affirmed.


Foreign Preference, Foreign influence, Financial

11/12/2008

Applicant's surrender of his passport fulfills his obligations under the foreign preference guideline. Applicant's payment or settlement of close to 1/3 of his outstanding debt persuades me he will resolve all his delinquent debt. However, given the close relationships he has with his father, mother-in-law, and father-in-law, coupled with an option to inherit his father's property, Applicant has not established his case in mitigation under the foreign influence guideline. Eligibility for access to classified information is denied.


Sexual Behavior; Personal Contact

11/12/2008

While serving in the military and, later, while employed abroad as a government contractor, Applicant had sexual contacts, some of them for pay, with more than 50 foreign nationals. He failed to inform his security managers of these contacts. Applicant failed to mitigate security concerns under the Sexual Behavior and Personal Conduct adjudicative guidelines. Clearance is denied.


Guideline B; Guideline E; Guideline J

11/12/2008

Applicant has close family member and a business partner in Russia. Applicant served in the Red Army. There is also substantial evidence of a false statement. Favorable decision reversed.


Foreign Influence

11/12/2008

The Applicant has considerable connections with Thailand. Her father and sister are citizens of Thailand. The Applicant has considerable financial interests in Thailand which, under the particular circumstances of this case, make her particularly vulnerable to foreign influence or coercion. She failed to submit sufficient evidence showing that she has an unequivocal connection to the United States. The Applicant is not currently eligible for a security clearance. Clearance is denied.


Guideline F; Guideline E

11/12/2008

Applicant's history of delinquent debt includes substantial arrearages in his federal income tax. Judge reasonably concluded that Applicant's debt problems were ongoing. Adverse decision affirmed.


Foreign Preference; Foreign Influence

11/10/2008

Applicant mitigated the foreign influence security concerns arising from her relationship and contacts with France and French citizens. She failed to mitigate the foreign preference security concerns. Eligibility for access to classified information is denied.


Financial

11/10/2008

Applicant is a 43-year-old commercial designer. He did not present sufficient evidence to mitigate his history of financial problems, which includes a delinquent student loan with a balance of more than $80,000. Clearance is denied.


Financial

11/10/2008

Applicant is a 60-year-old employee of a defense contractor. He retired from the United States Army as a Sergeant Major in 2000, after 33 years of service, which included two tours in Vietnam. Applicant developed cancer after he retired which impacted his finances. He has been diligently working at resolving his delinquent debts and has mitigated the security concerns raised by his financial issues. Eligibility for access to sensitive information is granted.


Financial

11/10/2008

The Statement of Reasons (SOR) alleges Applicant had 16 past due accounts totaling more than $62,000. Twelve of the debts have not been paid nor is there an arrangement paying these debts. Applicant has not mitigated the financial considerations security concerns, but did mitigate the personal conduct concern. Eligibility for access to sensitive information is denied.


Financial

11/10/2008

Applicant mitigated the security concern that arose by his filing for Chapter 7 bankruptcy protection in March 2008.


Financial

11/10/2008

Applicant has substantial delinquent debt incurred seven years ago that he has made no effort to repay despite more than six years of steady, well-paying employment. Eligibility for access to classified information is denied.


Alcohol

11/10/2008

Applicant failed to mitigate the alcohol consumption security concerns raised by his alcohol related incidents and diagnosis of alcohol dependence. Eligibility for access to classified information is denied.


Personal Conduct; Sexual Behavior

11/10/2008

Applicant is a retired Navy chief petty officer with a history of a misdemeanor conviction for public indecency in 1990, and a four-year extra-marital affair with an individual who he has not disclosed to his spouse, family, and friends. Applicant previously acknowledged his potential for blackmail to an OPM investigator, exhibits recurrent questionable judgment, and fails to mitigate security risk associated with his unwillingness to inform his wife of his extra-marital sexual relationship out of concern it could hurt his marriage. Clearance is denied.


Drugs; Criminal Conduct

11/10/2008

Applicant failed to mitigate his long-term abuse of marijuana and his criminal misconduct. Clearance is denied.


Foreign Influence, Foreign Preference

11/10/2008

Applicant's parents are citizens and residents of Nigeria. She has frequent and not casual contact with them. She has not returned to Nigeria since she left over 11 years ago. Applicant considers herself a dual citizen of Nigeria and the United States. Applicant possesses an expired Nigerian passport which she has not destroyed and is not willing to relinquish. She will use the passport to establish she is or was a Nigerian citizen to facilitate her ability to resolve her mother's affairs on her mother's death. Eligibility for access to classified information is denied.


Foreign Influence

11/10/2008

The potential for a heightened risk of foreign influence is substantially mitigated by Applicant's firm educational, professional and family ties in the U.S. for more than 22 years. Eligibility for access to classified information is granted.


Foreign Influence

11/10/2008

Applicant was born in Syria, came to the United States in July 1991, and became a U.S. citizen in 2001. Applicant has six children who were born in Syria or Saudi Arabia, are citizens of Syria or dual citizens of Syria and France, and live in Syria or Saudi Arabia. Applicant has not rebutted or mitigated the government's security concerns under foreign influence. Clearance is denied.


Financial

11/10/2008

Applicant has mitigated the financial considerations security concern that arose from the numerous debts that became delinquent as the result of his loss of employment and ensuing divorce.


Foreign Influence; Foreign Preference

11/10/2008

Applicant did not provide sufficient information to mitigate concerns raised under Foreign Influence due to having family members who are citizens of and reside in Taiwan. Foreign Preference security concerns are not mitigated based on his possession of a valid Taiwanese passport and his exercise of dual citizenship in order to claim health care benefits in Taiwan. Clearance is denied.


Financial; Personal Conduct

11/10/2008

Applicant incurred significant debts that she allowed to remain delinquent for many years. She failed to disclose the debts, as required, in a Questionnaire for Public Trust Positions she submitted in 2006. She has failed to mitigate the government’s security concerns. Eligibility for access to sensitive information is denied.


Alcohol; Personal Conduct; Criminal Conduct

11/05/2008

Applicant has three arrests and two convictions for underage possession of alcohol since October 2006. He falsified his security clearance application and his first security interview about this history. Eligibility for access to classified information is denied.


Financial

11/05/2008

Applicant incurred significant debts over the last seven years. Once she learned that her debts were an issue, she wrote to the creditors for information and verification of the debts. She has paid some small debts, developed a payment plan for other small debts and offered a payment plan on larger debts. She still has significant unpaid debts and lacks a track record of paying her debts. She has not mitigated the government's security concerns under guideline F. Clearance is denied.


Financial; Personal Conduct

11/05/2008

Applicant failed to mitigate the security concern that arises from his financial irresponsibility as demonstrated by the many debts he has allowed to remain delinquent for a number of years.


Financial

11/05/2008

Applicant with substantial build-up of unexplained delinquent debts , and who provides no documented explanations of the circumstances attributable to the debts, or plans for addressing the debts, fails to mitigate security concerns associated with his significant debt accumulations.


Foreign Influence; Foreign Preference

11/05/2008

Applicant (a naturalized U.S. citizen) has an immediate family member (his father) who was born and raised in Hong Kong and is a citizen of the PRC by virtue of Hong Kong's reversion to the PRC in 1997. His roots in British culture before his immigration to the U.S. in 1989, his lack of any socioeconomic interests in the PRC, and his demonstrated commitment to the strategic interests of the U.S., enable him to mitigate any potential risk to undue foreign influence concerns under Guideline B. Raised security concerns under Guideline C based on Applicant's retention of his British identity card and passport are also mitigated as the result of his post-hearing requested renouncement of his British citizenship and surrender of his British identity card and passport to the British Embassy in Washington, D.C. Clearance is granted.


Financial; Personal Conduct

11/05/2008

Applicant is a 39-year-old employee of a defense contractor. He has a number of delinquent debts that he has not made any effort at paying. He intentionally provided false information about his finances on a Questionnaire for Sensitive Positions. Clearance is denied.


Drug; Personal Conduct, Criminal Conduct

11/05/2008

Applicant has held a security clearance since 1985. He has periodically used marijuana and cocaine for recreational purposes since the early 1990s. He last used cocaine in 2004 and marijuana in 2007. He provided inadequate information on his SF-86 about his arrests and drug use, but provided full information during his first interview with an investigator before being confronted with evidence of his arrests. Applicant has mitigated the government's security concerns regarding his personal conduct. He has not mitigated the government's security concern about his drug involvement and criminal conduct. Clearance is denied.


Financial

11/03/2008

Applicant is 44 years old, married with one child, and works for a defense contractor. He incurred several delinquent debts during successive periods of unemployment. He repaid all debts except for one, an auto repossession, which he disputes. Applicant mitigated the financial considerations security concerns. Clearance is granted.


Alcohol; Drugs; Personal Conduct

11/03/2008

Applicant is 45 years old, married with three children, and has worked for a defense contractor for 23 years. Applicant has four alcohol-related driving arrests over a nine-year period. He also consumed alcohol to excess over a 28-year period. He used marijuana periodically over that same 28-year period, while holding a security clearance. He deliberately falsified his answers concerning his marijuana use and alcohol arrests on his 1996 and 2007 security clearance applications. Applicant did not mitigate the alcohol consumption, drug involvement, and personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

10/31/2008

Applicant failed to mitigate financial allegations relating to two delinquent debts totaling $11,000 by failure to take appropriate action until the SOR was issued and to show any payments under a plan he had instituted to pay the larger debt. He did mitigate the smaller debt by settlement. He also failed to mitigate personal conduct for failure to report the debts at Questions 28 of the SF 86. Clearance is denied. .


Financial

10/31/2008

Applicant opened a business in the mid-1990s and a second business in 1999. A change in the business market caused a significant reduction in income for his businesses and him personally, causing significant financial problems. His business failed as a result. The severe financial problems also ended his marriage and led to the sale of his house in 2006. The proceeds from the sale of his house paid the tax liens and mortgages on the property. Applicant still has significant outstanding debts, which he has not paid. He intentionally falsified two of the answers to questions on his security clearance application. He has not mitigated the government's security concerns under Guidelines F and E. Clearance is denied.


Criminal Conduct; Drugs; Personal Conduct; Financial

10/31/2008

Applicant was convicted in 1995 of two felonies: distributing crack cocaine and harboring a federal fugitive; and he served six years and eight months in prison. In November 2006 he was convicted of assault and battery on his live-in girlfriend. He falsified his security clearance application by not disclosing his felony convictions. He has accumulated more than $25,000 in delinquent debts and done virtually nothing to resolve them. Security concerns based on criminal conduct, drug involvement, falsification of his application, and financial problems are not mitigated. Clearance is denied.


Foreign Influence

10/31/2008

Applicant's mother and siblings are residents of the United Arab Emirates. They are not citizens of any country since their country of origin, Iraq does not consider them citizens, and they cannot qualify for citizenship of their adopted country, United Arab Emirates. Applicant has strong ties of loyalty to the United States as compared to his ties of loyalty to his family in the United Arab Emirates. He has mitigated security concerns for foreign influence. Clearance is granted.


Drugs

10/31/2008

Applicant used illegal drugs from 1997 to October 2007. Applicant has not rebutted or mitigated the government's security concerns under drug involvement. Clearance is denied.


Alcohol

10/31/2008

Applicant failed to mitigate security concerns about his alcohol consumption and his two alcohol-related arrests. Eligibility for security clearance is denied.


Financial

10/31/2008

A February 2007 foreclosure on Applicant's investment real estate eliminated the mortgage debt on the property, but not the equity line of credit debt, and it remains unpaid. Applicant acted responsibility and appropriately in her attempt to prevent the foreclosure. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted.


Financial

10/31/2008

Applicant accumulated a significant amount of debt in 2002 that he has not resolved, despite learning of the Government's concerns over a year ago. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Criminal Conduct; Sexual Behavior; Personal Conduct

10/31/2008

In May 2004, an arrest warrant was issued against Applicant for groping a woman on her breast in a public area. At the time of his misconduct, he was employed by a Government agency and held a security clearance. He was later charged with sexual abuse and simple assault, and was convicted of simple assault pursuant to his guilty plea. In May 2005, his Government employer allowed him to resign in lieu of being involuntarily terminated as a result of this incident. Applicant was unable to mitigate criminal conduct, sexual behavior, and personal conduct concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

10/31/2008

Applicant failed to mitigated criminal conduct allegations concerning five arrests and four convictions over a dozen years ending with a second drug conviction in 2003. He was placed on probation for three years for the last conviction which expired less than two years ago. He failed to mitigate personal conduct allegations concerning omissions of the arrests and convictions at Questions 23 and 24 on his SF 86 which he admitted he did to protect his employment. Clearance is denied.


Financial; Personal Conduct

10/31/2008

This 34-year-old employee has not mitigated the security concerns under the financial considerations guideline. Applicant has numerous delinquent debts. He paid one account but he has no repayment plan in place for the remainder of the debt. He hopes to refinance his house to pay the remainder of the delinquent debt. He did not intentionally falsify his security clearance application. He has mitigated the personal conduct concern. Clearance is denied.


Information Technology; Personal Conduct

10/31/2008

This 54-year-old employee has not mitigated the security concerns under the personal conduct guideline because he intentionally falsified his security clearance application in November 2005; falsified material facts in 2004 during an investigation; and falsified material facts in a 2006 interview with investigators. He has mitigated the Guideline M security concern. Clearance is denied.


Foreign Influence; Personal Conduct; Criminal Conduct

10/31/2008

Applicant's parents, two of his siblings and relatives are residents and citizens of India. Applicant maintains frequent contact with his parents and to a lesser extent his siblings. Applicant provided false information to a government investigator in 2004 regarding the presence of and his paying foreign nationals living in his home. Applicant was able to mitigate foreign influence because of his long relationship with the U.S. He was unable to mitigate personal criminal conduct. Clearance is denied.


Drugs; Criminal Conduct; Sexual Conduct; Personal Conduct

10/31/2008

Applicant began using marijuana in 1969, and was discharged from the Navy in 1986 for marijuana use and positive results on three random drug tests. He continued to use marijuana as recently as late 2007, and might use it in the future. On his Security Clearance Application, he disclosed no drug use later than 1986, and he admits to falsification. In 1993, he was convicted of three counts of Taking Indecent Liberties with a Minor. He was sentenced to five years on each count, with all but 30 days suspended. He served seven years of supervised probation, which ended in 2000. He attended three years of court-ordered counseling, and is a registered sex offender. He has failed to allay the government's security concerns under Guidelines H, J, D and E. Clearance is denied.


Guideline F; Guideline E

10/31/2008

The Directive permits Applicant to mitigate security concerns either in writing with the Judge deciding the case on a written record or by means of hearing. The telephonic interview conducted in this case had some attributes of a hearing and was occasionally called a hearing by the Judge. It is not clear that Applicant knowingly waived his right to a hearing. Adverse decision remanded for a new proceeding.


Foreign Influence; Foreign Preference

10/30/2008

Applicant used and continues to possess a currently valid French passport, which she obtained to facilitate travel to France. She visited France in 2001, 2005 and 2006. Security concerns pertaining to foreign influence are mitigated; however, security concerns pertaining to foreign preference are not mitigated. Eligibility for a security clearance is denied.


Financial; Personal Conduct

10/30/2008

Applicant encountered financial problems after he left active duty and entered the civilian work force. He accumulated eleven delinquent debts. Five of the debts he paid, one he is current with a payment plan, and the other five are included in a Chapter 13 bankruptcy. He did not deliberately fail to list his financial problems on his security clearance application. Access to classified information is granted.


Criminal Conduct

10/30/2008

The Applicant is a 54 year old Integrated Systems Technician for a defense contracting company. He was arrested and convicted of Aggravated Trespass and Vandalism on one occasion in 2006. He satisfied all of the courts sentencing requirements except his probationary period. He has had no other encounters with law enforcement for over thirty years. The possibility of reoccurrence is nil. Sufficient mitigation has been shown. Clearance is granted.


Criminal Conduct; Personal Conduct

10/30/2008

Applicant failed to mitigate the criminal conduct security concerns raised by his misconduct. Furthermore, he falsified his security clearance application. Eligibility for access to classified information is denied.


Financial

10/30/2008

Applicant is a 37-year-old employee of a defense contractor. He has a substantial amount of delinquent debts, with no payments since 2006. He did not provide sufficient evidence to mitigate the security concerns raised by his financial history. Clearance is denied.


Criminal Conduct

10/30/2008

The Applicant is a 53 year old General Maintenance Person for a defense contracting company. He was arrested on two occasions in the last two years, and will remain on probation until 2012 for the last offense. His criminal conduct is recent and sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Personal Conduct

10/30/2008

Applicant owes more than $14,600 in delinquent personal debt. She does not have the means to repay the debts and has not sought any financial counseling or assistance to improve her finances. She failed to mitigate the security concerns about her finances. Security concerns about her omission of her debts from a Questionnaire for Public Trust Positions (SF 85P) are mitigated. Eligibility for ADP I/II/III position is denied.


Drugs

10/30/2008

As an adult, Applicant used illegal drugs over an eight year period. He failed to mitigate security concerns related to his drug use. Clearance is denied.


Financial;

10/30/2008

This 39-year-old employee has not mitigated the security concerns under the financial considerations guideline. Applicant has numerous delinquent debts. She is paying on several small debts but has no repayment plan for the remainder of the debt. Clearance is denied.


Financial

10/30/2008

Applicant owes more than $31,000 in delinquent personal debt. He has failed to take action on his debts despite having told the government in a 2002 investigation that he would correct his financial problems. Eligibility for security clearance is denied.


Criminal: Drug Involvement; Personal Conduct

10/30/2008

The Applicant is a 52 year old Aeronautical Engineer for a defense contracting company. He has been arrested, charged and convicted for various criminal offenses related to the possession and/or use of illegal drugs or alcohol. His most recent use of methamphetamine was in 2004. He falsified his security clearance application by failing to reveal his entire arrest history. Sufficient mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

10/30/2008

Applicant obtained a Chapter 7 bankruptcy discharge in March 2006. Thereafter, she accumulated two unpaid traffic tickets totaling about $693 and seven delinquent debts totaling $4,988. When she submitted her application for a trustworthiness determination, she intentionally did not disclose a $585 fine for driving on a suspended, revoked, or cancelled license. Security concerns based of financial considerations and personal conduct are not mitigated. Eligibility for assignment to a public trust position is denied.


Financial; Use of Information Technology; Personal Conduct

10/30/2008

The Applicant is a 42 year old Senior Technical Specialist for a defense contracting company. He has delinquent debts that he has ignored. He violated his company policy on numerous occasions from 2004 through 2005 by misusing his company computer to view inappropriate Web sites that eventually led to his termination. He also misused his company credit card. Sufficient mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct

10/30/2008

On October 25, 1990, the Applicant appeared before a DOHA Administrative Judge in a security clearance proceeding at which time he told the Administrative Judge that he had no plans to use marijuana in the future. The Applicant broke his promise and continued to use marijuana on two occasions during the period from January 1999 through February 2002. Presently, he cannot say that he would never use marijuana in the future. The Applicant cannot be trusted. Sufficient mitigation has not been shown. Clearance is denied.


Foreign Preference; Foreign Influence

10/30/2008

Applicant was born and raised in Nigeria. He became a naturalized U.S. citizen in 2000. While he mitigated security concerns under the Foreign Preference adjudicative guideline, he failed to mitigate security concerns under the Foreign Influence adjudicative guideline. Clearance is denied.


Foreign Influence; Personal Conduct

10/30/2008

Applicant's ties to immediate family members in Columbia, as well as his visits to Columbia, and having sponsored two Columbian relatives for U.S. student visas raised Foreign Influence concerns. His varying explanations regarding a 1998 cash deposit on behalf of Columbian nationals raised personal conduct concerns. His family ties and assets in the U.S. are significantly more substantial than those in Columbia. He also provided a credible explanation clarifying discrepancies surrounding his cash deposit. Applicant successfully mitigated security concerns raised after applying applicable mitigating conditions and the whole person concept. Clearance is granted.


Financial

10/29/2008

Applicant's history of financial problems raise security concerns. The concerns are partially mitigated based on her late husband's medical issues as well as her own medical issues. She also had several periods of unemployment. She has been employed since 2005. She has resolved some accounts and is paying on other accounts. Her largest debt, her defaulted student loan accounts, remains in a delinquent status despite the payments that she has sent in over the past few months. She is capable of paying more towards her delinquent accounts based on her monthly income. Security concerns under financial considerations are not mitigated. Clearance is denied.


Financial; Drugs

10/29/2008

Applicant is a 47-year-old employee of a defense contractor. He accumulated delinquent debts due to the failure of his business, unemployment, under-employment, and his separation and divorce. However, he has been working consistently for more than two years and he has not made any effort to pay his delinquent debts. He used drugs for many years while holding a security clearance. Clearance is denied.


Guideline F

10/29/2008

Applicant was discharged in Chapter 7 bankruptcy in 2001. Since then, he has acquired additional delinquent debt, two of which remain delinquent at the time of the hearing. The Judge properly concluded that Applicant was unable or unwilling to satisfy his debts and that he had a history of not meeting his financial obligations. Adverse decision affirmed.


Financial

10/29/2008

Applicant is 59 years old. He has several debts that have been unpaid. He has a default judgment against him for arrearages owed to his ex-wife. Despite being aware of the judgment for four years he has not paid it or resolved it. Clearance is denied.


Personal Conduct

10/29/2008

Applicant's failure to list a 2003 arrest on a January 8, 2007, security clearance application was not intentional. He did not deliberately withhold information about his arrest during a subsequent interview with an investigator conducting his background investigation. Clearance is granted.


Drugs, Personal Conduct

10/29/2008

Applicant is 30 years old and has a 16 year history of illegal drug use. He used both marijuana and cocaine while holding a security clearance. He failed to mitigate the security concerns raised. Clearance is denied.


Drugs; Personal Conduct

10/29/2008

Applicant has not mitigated the concerns raised by years of abuse of marijuana, including while he held a security clearance. The personal conduct concerns raised by his failure to disclose his drug use on a February 1995 security clearance application are mitigated by his candor in an August 1995 interview and on his April 2006 security clearance application. Clearance is denied.


Guideline G; Guideline E

10/29/2008

Two minor discrepancies in the Judge's findings as to the dates of offenses committed by Applicant deo not constitute harmful error. The Judge made sustainable findings and conclusions regarding Applicant's alcohol abuse. Adverse decision affirmed.


Foreign Influence

10/28/2008

Applicant has ties of affection and obligation to her brother, a citizen and resident of the PRC. Clearance is denied.


Financial

10/28/2008

This 51-year-old employee has not mitigated the security concerns under the financial considerations guideline. Applicant filed bankruptcy in 2002 and has a judgment from 2006 and current delinquent debt. He received financial counseling and has a plan for a debt management plan, but he has not started the payments. Clearance is denied.


Financial

10/28/2008

Applicant owes approximately $60,000.00 in unsecured debt to various creditors. All of these debts were either charged off or referred for collection. Clearance is denied.


Guideline F

10/28/2008

The Judge found that Applicant has substantial delinquent debts for child support and cancellation of a lease. The Judge's conclusions in light of findings are sustainable. Adverse decision affirmed.


Foreign Influence; Foreign Preference

10/28/2008

Applicant has close continuing relationships with his mother and four of his siblings, all of whom are citizens and residents of Taiwan. Clearance is denied.


Foreign Influence; Foreign Preference

10/28/2008

Although the Applicant has mitigated any Foreign Influence vis-a-vis his dual national parents, he has not mitigated his Foreign Preference for Taiwan. He retains his Taiwanese citizenship to protect his financial interests in Taiwan, as his parent's sole heir. Clearance is denied.


Guideline B

10/28/2008

The Judge made finding that appear to contradict his conclusions under Guideline B. Adverse decision remanded.


Financial

10/27/2008

Applicant ran up about $64,000 in credit card debt that became delinquent when a debt consolidation firm did not make any payments to his creditors despite Applicant paying about $9,520 into the plan. Applicant has since settled and paid his debts and his financial situation is stable. Clearance is granted.


Drugs

10/27/2008

Applicant's lack of candor about his drug history defeats his otherwise impressive character evidence at work and in the community. He misrepresented his drug use to his father and also to the government. Eligibility for access to classified information is denied.


Financial

10/27/2008

Applicant has paid tax debt and has an agreed plan to pay the other. He is able to pay all of his current debts, and evinces a credible intent not to have debt problems in the future. Clearance is granted.


Financial; Personal Conduct

10/27/2008

Applicant has a history of delinquent debts that includes a Chapter 7 bankruptcy discharge and post-bankruptcy debts that stem mostly from extenuating circumstances associated from her accidents and her ex-husband's inability to help her with child support for her two children and financial assistance with their old marital debts. Applicant disputes several of the debts, and most of the listed debts (save for the judgment debt) appear to be barred by the controlling statute of limitations. But Applicant documents her enlistment of a debt management firm to facilitate her repayment efforts. Overall, she 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. Additional security concerns raised over her SF-85P omissions are unsubstantiated. Eligibility for an ADP I/II/III position is granted


Financial

10/24/2008

Applicant is a 47-year-old employee of a defense contractor. Applicant and his family suffered a myriad of medical problems, resulting in numerous delinquent debts. His only viable recourse was to file bankruptcy which will provide him a fresh start. He has mitigated the security concerns raised by his financial issues. Clearance is granted.


Guideline F

10/24/2008

The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decision. Applicant here had a lengthy and serious history of not meeting financial obligations. Adverse decision affirmed.


Financial

10/24/2008

Applicant accrual of $18,000 of delinquencies over the past six years was caused by a disabling illness that led to her medical discharge from the Army, and a lengthy unemployment. Since recovering, she has obtained a full-time job and begun satisfying her delinquencies. She has mitigated the financial considerations security concern. Clearance is granted.


Foreign Influence; Foreign Preference

10/24/2008

Foreign preference concerns are mitigated based on Applicant's renunciation of her Colombian citizenship and surrender of her Colombian passport. Foreign influence security concerns raised by Applicant's parents' and sister's status as citizens and residents of Colombia are mitigated. Applicant has lived in the U.S. since 1999. She became a U.S. citizen in 2005. Her immediate family, i.e. her husband and child, are citizens of and reside in the U.S. Although close to her family members in Colombia, her significant ties are in the U.S. Applicant and her husband own a townhome in Colombia, but the majority of her assets are in the U.S. Foreign influence and foreign preference security concerns are mitigated. Clearance is granted.


Guideline B; Guideline C

10/24/2008

Applicant was born and raised in Iran. She met her husband in Iran. Her parents and one sibling are citizens and residents of Iran. She has traveled to Iran several times in this decade and intends to travel there in the future. The Judge has drawn a rational connection between the facts found and his ultimate adverse security clearance decision. Adverse decision affirmed.


Criminal Conduct, Personal Conduct, Financial

10/24/2008

The police arrested and charged Applicant with five misdemeanor offenses and two felony offenses in less than one year. In July 1987, the police arrested and charged him as a habitual traffic offender, which resulted in his incarceration for 14 months. He was arrested three more times as a habitual traffic offender and again served time in jail. Because of his felony convictions and time served in jail, he cannot mitigate the government's security concerns about his criminal conduct. He has mitigated the government's security concerns about his personal conduct and finances. Clearance is denied.


Criminal Conduct; Personal Conduct

10/24/2008

This 23-year-old employee has not mitigated the security concerns under the criminal and personal conduct guidelines. Applicant has been arrested twice in four years. He was convicted of DUI in 2007 and completed his probation in March 2008. He omitted information concerning his 2004 alcohol incident on his security clearance application. Clearance is denied.


Foreign Influence

10/24/2008

This 46-year-old professional has mitigated the security concerns under the foreign influence guideline. Applicant has surrendered his Lebanese passport. He has no intent to return to Lebanon. He is a naturalized citizen and has lived in the U.S. for 24 years. He has longstanding persona, professional and financial ties to the U.S. He is highly recommended by his professional peers and academic advisor for a security clearance. His loyalty to the U.S. is without question. Clearance is granted.


Financial

10/23/2008

Applicant is a 47-year-old employee of a defense contractor. He has a substantial amount of delinquent debts, with almost no payments. He did not submit sufficient evidence to mitigate the security concerns raised by his financial history. Clearance is denied.


Foreign Influence; Foreign Preference

10/23/2008

Applicant used and continues to possess a currently valid Iranian passport, which he obtained to facilitate travel to Iran. He visited his family living in Iran in 2003, 2006 and 2007, and communicates with his mother and/or sisters about twice a month. Security concerns pertaining to foreign preference and foreign influence are not mitigated. Eligibility for a security clearance is denied.


Personal Conduct, Criminal Conduct, Alcohol

10/23/2008

Applicant is 20 years old and was convicted of Driving Under the Influence of Alcohol. He was arrested when his car struck another vehicle injuring himself and a person in the other vehicle. A few months later he was convicted of underage possession of alcohol. Applicant did not offer sufficient evidence in mitigation. Clearance is denied.


Financial

10/23/2008

Applicant has encountered financial problems since 2001. Periods of unemployment aggravated his financial situation. From December 2003 to April 2006, Applicant made payments towards a debt repayment program. In 2006, each of his three children developed medical problems. As a result, he was unable to continue his debt repayment program. In 2008, Applicant's financial situation improved and he entered into repayment agreements with all of his creditors. His favorable reference letters as well as action taken towards resolving his delinquent debt mitigate the concerns raised under financial considerations. Clearance is granted.


Financial; Personal Conduct

10/23/2008

Applicant has a history of failing to meet her financial obligations. 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. Furthermore, she falsified her security clearance application. She failed to mitigate security concerns regarding Guideline F (Financial Considerations) and Guideline E (Personal Conduct). Eligibility for access to classified information is denied.


Foreign Preference, Foreign Influence

10/22/2008

Applicant was born and raised in Taiwan and his wife was born and raised in the People's Republic of China. He is a U.S. citizen. His children and brother reside in the U.S. and are U.S. citizens. His wife is a permanent U.S. resident, who plans to apply for citizenship as soon as she is eligible. His father, mother and sister are citizens and residents of Taiwan. His wife's parents and two brothers are citizens of and reside in the People's Republic of China. His parents and his wife's parents are retired, but his sister and one brother-in-law work for local governments. Applicant and his wife maintain a normal relationship with their family members. Between 2000 and 2008, Applicant visited Taiwan and his family members on seven occasions, and the PRC four times. His father asked him to obtain a Taiwanese ID card so that his father could sell a piece of land he had titled in Applicant's name. He has not mitigated the government's security concerns about his foreign influence, but has mitigated the government's security concerns regarding his foreign preference. Eligibility for a security clearance is denied.


Criminal Conduct; Personal Conduct

10/22/2008

Applicant was involved in possession of drug paraphernalia in 1996, a domestic assault in 1999, a sexual assault in 2003, and use of a telephone to communicate a threat using profane and vulgar language. He pled guilty to the possession charge, the domestic assault was not prosecuted, was found not guilty of the sexual assault, and the use of telephone to communicate a threat charge was dismissed. Applicant refuted or mitigated security concerns for criminal conduct and personal conduct arising from these four incidents. Eligibility for access to classified information is granted.


Foreign Influence

10/22/2008

Applicant has ties of affection and obligation to his mother, a citizen and resident of South Korea. In addition, his wife is a South Korean citizen. Clearance is denied.


Guideline B

10/22/2008

Department Counsel persuasively argues that the Judge erred in concluding that the government had failed to present substantial evidence of a security concern under Guideline B. In the meantime Russia has attacked Georgia. The Judge's remand decision must have a current and accurate geopolitical assessment and security/intelligence profile of Russia. Favorable decision remanded.


Foreign Influence; Foreign Preference

10/22/2008

Applicant is a dual citizen of the United States and Turkey. He receives a monthly retirement check from the Turkish government. He applied for and received Turkish citizenship for his minor son who was born in the United States. He offered no definitive statement regarding his plans for the future. Clearance is denied.


Guideline B

10/22/2008

Department Counsel persuasively argues that the Judge erred in concluding that the government had failed to present substantial evidence of a security concern under Guideline B. In the meantime Russia has attacked Georgia. The Judge's remand decision must have a current and accurate geopolitical assessment and security/intelligence profile of Russia. Favorable decision remanded.


Personal Conduct; Criminal Conduct

10/22/2008

Applicant made a number of physical assaults and threats on his wife during their marriage, which prompted his wife to seek civil protective orders and separation. Applicant is remorseful of his actions, and his wife has forgiven him. Applicant mitigates this personal conduct. However, Applicant deliberately omitted his actions in two DSS interviews, and did not acknowledge his assaults and threats until confronted in a post- polygraph interview. His multiple omissions and misstatements raise security concerns that are not mitigated under the personal conduct and criminal conduct guidelines. Clearance is denied.


Drugs; Personal Conduct

10/21/2008

This 53-year-old employee has not mitigated the security concerns under the drug involvement and personal conduct guidelines. Applicant has a long history of marijuana use from 1972 until 1993. He used marijuana again in 2000 and 2007. He held a security clearance. He omitted information from his 2008 interrogatories concerning his earlier drug use. Clearance is denied.


Drugs; Personal Conduct

10/21/2008

Applicant is a 55-year-old employee of a defense contractor. She is a recovering alcoholic and drug abuser. She made extensive changes in her life in 1989 and 1990, and remained drug and alcohol free for 16 years. In March 2006, she smoked marijuana several times over the course of a few days. She attended counseling and rededicated herself to sobriety and remaining drug-free. She has now been sober and drug-free for about two and a half years. She mitigated the Drug Involvement and Personal Conduct security concerns. Clearance is granted.


Drugs; Personal Conduct

10/21/2008

Applicant is 48 years old and employed by a defense contractor. He has used marijuana for 32 years, up to and including after he completed a security clearance application. During an interview with an investigator, he was not truthful about his drug usage. He failed to mitigate the security concerns raised under Guideline H, pertaining to his drug involvement, and Guideline E, pertaining to his personal conduct. Clearance is denied.


Financial

10/21/2008

Applicant incurred significant credit card debt between 1998 and 2001. He lost two jobs in 2001 and was unable to find reliable employment prior to returning to graduate school in August 2002. He defaulted on his credit card debts in 2001. Since this time, he has lived within his monthly income and not incurred new, unpaid credit card debt or other unpaid debts. He has mitigated the government's security concerns under guideline F. Clearance is granted.


Drugs

10/21/2008

Applicant used marijuana frequently during college. He stopped using marijuana in March 2007. He submitted with his FORM response a statement of intent with automatic revocation of clearance for any violation. He is unwilling to disassociate himself from long-time marijuana user friends and frequents environments where the use of illegal drugs is likely. He failed to mitigate security clearance concerns pertaining to drug involvement. Eligibility for access to classified information is denied.


Criminal Conduct; Personal Conduct

10/21/2008

Security concerns raised under criminal conduct and personal conduct are not mitigated based on Applicant's recent arrest for possession of marijuana, his deliberate omission of a 1999 arrest on his security clearance application, and his denial of marijuana use in September 2006 despite substantial evidence to the contrary. Security concerns remain under criminal conduct and personal conduct. Clearance is denied.


Alcohol; Drugs; Personal Conduct

10/21/2008

Applicant's abuse of alcohol and OxyContin led him to seek alcohol and drug rehabilitation treatment in April 2006. He drank to intoxication on five occasions during the next year and self-medicated by taking more than the dose of Suboxone prescribed for him to deal with his narcotics problem. He deliberately did not list any illegal drug abuse on his security clearance application. Alcohol, drug, and personal conduct concerns are not fully mitigated. Clearance is denied.


Financial

10/20/2008

Applicant is financially over-extended and has significant delinquent debt. He lacks a coherent plan to resolve his debts, and he has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Eligibility for access to classified information is denied.


Financial

10/20/2008

At the time the SOR was issued, Applicant had approximately 19 delinquent accounts with an approximate total balance of $14,785. Much of delinquent debt was incurred while she was a college student. Applicant was a single mother for a large portion of her college years. In late 2004, she moved in with her father to reduce expenses. She recently was awarded her Master's Degree. She resolved six of the smaller debts and has a plan in place to resolve the remaining debts. She does not live above her means and works a part-time job to earn more income. She has taken reasonable steps to resolve her financial situation based on her monthly budget. She mitigated the security concerns arising from her financial situation. Clearance is granted.


Guideline J; Guideline G; Guideline H

10/20/2008

Applicant failed to mitigate security concerns arising from incidents of DUI, Assault, Domestic Violence, Possession of a Controlled Substance, among others. Mere disagreement with the Judge's weighing of the evidence is not sufficient to establish error. Adverse decision affirmed


Guideline G

10/20/2008

The Judge made sustainable findings concerning Applicant's lengthy history of alcohol abuse, including continued drinking following a diagnosis of alcohol dependence as well as the commission of alcohol-related offenses. Applicant failed to mitigate the security concerns arising from these findings. Adverse decision affirmed.


Financial; Personal Conduct

10/16/2008

Applicant mitigated security concerns under the Personal Conduct adjudicative guideline. She admits 16 delinquent debts, lacks a coherent plan to resolve them, and failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied.


Financial; Personal Conduct

10/16/2008

Applicant accumulated 21 delinquent debts totaling about $37,721, all of which are unresolved. She did not disclose her delinquent debts on two successive applications for trustworthiness determinations. Trustworthiness concerns arising from financial considerations and personal conduct are not mitigated. Eligibility for access to sensitive information is denied.


Foreign Influence; Foreign Preference

10/16/2008

Applicant was born in Ecuador and is a naturalized U.S. citizen who has lived in the United States since 1979. Applicant's mother, sister, and brother-in-law are citizens and residents of Ecuador. His sisters, wife, and daughter are dual citizens of Ecuador and the United States living in the United States. His brother is a U.S. citizen living in Ecuador. Applicant maintains his Ecuadorian citizenship to protect financial or business interests in Ecuador and because he intends to retire in Ecuador. Applicant has rebutted or mitigated the government's security concerns under Guideline B, foreign influence, but has not rebutted or mitigated the government's security concerns under Guideline C, foreign preference. Clearance is denied.


Foreign Influence

10/16/2008

Applicant was born in the Peoples Republic of China (PRC) and is a naturalized U.S. citizen who has lived in the United States since 1993. Her in-laws are citizens and residents of Germany. Her parents are citizens of the PRC living with her in the U.S. Her brother and sister-in-law are citizens and residents of the PRC. In 2006, she visited the PRC for two weeks. She has substantially more connections to the United States than to the PRC. Applicant has rebutted or mitigated the government's security concerns under Guideline B, foreign influence. Clearance is granted.


Guideline B

10/16/2008

The Judge weighed the mitigating evidence offered by Applicant against the seriousness of the disqualifying circumstances. He reasonably explained why Applicant's evidence was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Financial

10/16/2008

Applicant owes more than $15,000 in delinquent debt incurred before 2005 that she has done little to nothing to resolve. Clearance is denied.


Financial; Personal Conduct

10/16/2008

Applicant has had a long history of financial difficulties, and he not resolved any of his overdue debts. He also knowingly supplied incomplete, untruthful information to the Government on a Security Clearance Application. Mitigation has not been shown. Clearance is denied.


Foreign Influence; Foreign Preference

10/16/2008

Applicant used and continues to possess a currently valid Iranian passport, which he obtained to facilitate travel to Iran. He visited his aunt living in Iran in 1996, 2003 and 2005, and communicates with her about once a month. Security concerns pertaining to foreign preference and foreign influence are not mitigated. Eligibility for a security clearance is denied.


Drugs; Personal Conduct

10/16/2008

Security concerns are raised under drug involvement and personal conduct based on Applicant's past use of marijuana, three arrests for marijuana possession between 1995 to 1997, and a 1999 arrest for driving under the influence. Applicant met his burden to mitigate the security concerns. He currently lives a more responsible lifestyle and intends to refrain from illegal drug use in the future. He acknowledges that if he is caught using illegal drugs in the future, his security clearance will be revoked. Clearance is granted.


Guideline G; Guideline E

10/16/2008

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


Guideline F

10/16/2008

After the government presents evidence raising a security concern the burden shift to the applicant to establish mitigation. Adverse decision affirmed.


Financial

10/15/2008

Applicant failed to mitigate the financial considerations security concern because he failed to present information about his efforts to pay or mitigate his ten delinquent debts, totaling about $22,000. Clearance is denied.


Foreign Influence

10/15/2008

Applicant is 43 years old, was born and lived in Colombia until he emigrated to the U.S. He is a naturalized U.S. citizen. His wife and two children were born in the U.S. His mother and three sisters are citizens of Colombia. He visits his mother and sister who live there. He is firmly rooted both in his personal and professional life in the U.S. Although he has family ties to Colombia he is loyal to the U.S and can be expected to resolve any conflicts in favor of the U.S. Applicant's commitment is to the U.S. and his American family. He has mitigated the security concerns raised under Guideline B, Foreign Influence. Clearance is granted.


Foreign Influence; Foreign Preference

10/15/2008

Foreign preference concerns are mitigated because Applicant no longer has a valid foreign passport. Foreign influence concerns raised because Applicant has several family members who reside in Cuba are mitigated based on her longstanding relationships and ties in the United States. Clearance is granted.


Financial

10/15/2008

Applicant is a 42-year-old employee of a defense contractor. She incurred a number of delinquent debts after fleeing an abusive relationship. She has since paid most of her delinquent debts and has a plan to resolve the remaining debts. She has mitigated the Financial Considerations security concerns. Clearance is granted.


Financial

10/15/2008

Applicant owes approximately $54,249 in delinquent debts. She lacks a coherent plan to resolve her debts, and she has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Eligibility for access to sensitive Information is denied.


Foreign Influence; Foreign Preference

10/14/2008

Applicant's wife, parents, and brother are citizens and residents of Cuba. He possesses a current Cuban passport in order to visit his family in Cuba. Applicant has not mitigated the Foreign Influence and Foreign Preference security concerns. Clearance is denied.


Criminal Conduct, Alcohol

10/14/2008

Between 1988 and 2006, the police arrested Applicant three times, two for driving under the influence. Following his most recent arrested, Applicant stopped drinking alcohol. He regularly attends alcoholics anonymous and has complied with the terms of his probation. He recently hired a professional counselor to help him resolve issues with alcohol use. He has mitigated the government's security concerns about his alcohol consumption under Guideline G, but not its concerns under Guideline J, criminal conduct, because he remains on probation and will for some time into the future. Clearance is denied.


Criminal Conduct; Personal Conduct

10/14/2008

Applicant failed to mitigate the criminal conduct and personal conduct security concerns raised by his misconduct. Furthermore, he falsified his security clearance application. Eligibility for access to classified information is denied.


Foreign Influence

10/14/2008

Applicant failed to mitigate the foreign influence security concerns arising from his relationship and contacts with Indian citizens and his financial interests in India. Eligibility for access to classified information is denied.


Foreign Influence

10/10/2008

The Applicant's family, because of their wealth, was discriminated against by the Communist government of China. Her mother, brother and two sisters have no connection with that government. The Applicant is not subject to coercion vis-a-vis her Chinese family by that government. Clearance is granted.


Guideline F

10/10/2008

The Judge noted that the record is sparse and concluded that Applicant had not met her burden of persuasion. On appeal Applicant challenges two findings of fact which if incorrect are harmless errors. Applicant submits new evidence which the Board cannot consider. Adverse decision affirmed.


Financial

10/10/2008

Applicant owes the Social Security Administration about $50,000 of the $62,594 in benefit payments she was not entitled to receive. She also owes more than $11,000 in delinquent state and federal taxes on those funds. She is repaying these debts at about $600 per month. Eligibility for access to classified information is denied.


Guideline F; Guideline E

10/10/2008

Given the totality of the record evidence the Judge's conclusion that Applicant deliberately falsified his security clearance application is sustainable. Adverse decision affirmed.


Financial

10/10/2008

Applicant has 20 delinquent debts that have not been resolved. Her recent filing of a Chapter 13 bankruptcy is not sufficient to mitigate the financial considerations security concerns established by her delinquent debts. Eligibility for access to sensitive information is denied.


Foreign I/nfluence; Foreign Preference

10/09/2008

Applicant is 39 years old, was born in Taiwan, moved to the U.S. in 1994, and became a naturalized U.S. citizen in 2006. Her husband is also a naturalized U.S. citizen from Taiwan. They have a child born in the U.S. Her mother has been approved for permanent residency status in the U.S. Her only close relative remaining in Taiwan is her brother, for whom she has applied for permanent residency status in the U.S. but it is a longer process. All of her assets and close family members are in the U.S. She retained her Taiwanese passport after becoming a U.S. citizen because she did not understand the security implications. She has surrendered her passport to the cognizant security official. Applicant has mitigated the security concerns raised under Guideline B, Foreign Influence and Guideline B, Foreign Preference.


Guideline H; Guideline E; Guideline J

10/09/2008

Applicant's use of marijuana and cocaine, and his false statements on the security clearance application concerning that use, raised security concerns which Applicant failed to mitigate. Adverse decision affirmed.


Guideline F; Guideline E

10/09/2008

Applicant has delinquent debts exceeding $23,000.00 and did not truthfully answer questions about the debts on his security clearance application. The Judge articulated a satisfactory explanation for her conclusion that Applicant failed to met his burden of persuasion regarding the Guideline E security concern. Adverse decision affirmed.


Foreign Influence

10/09/2008

Applicant mitigated foreign influence allegations. Applicant has lived in the U.S. for 20 years and has significant family and financial ties in the U.S. which overcomes the fact that he has an elderly mother, one sister, and one brother who live in the PRC, and that he took two trips there over ten years ago and has no intention to return. Trustworthiness Determination is granted.


Criminal Conduct; Personal Conduct

10/08/2008

Applicant is a 46-year-old employee of a federal contractor. She has a history of criminal conduct consisting of drug-related offenses in 1983 and an alcohol-related offense in 2006. She deliberately omitted those offenses in response to questions about her police record on a security-clearance application. Clearance is denied.


Financial

10/08/2008

Applicant did not mitigate financial considerations security concerns. He did not provide sufficient evidence of his efforts to resolve six of his 14 delinquent debts, totaling about $22,000. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

10/08/2008

Applicant is a citizen of Israel from birth and also of the U.S. since May 1982. Foreign preference concerns raised by his use of an Israeli passport to enter Israel until July 2006, and by him voting in an Israeli election in 2001, are mitigated by the expiration of the passport in October 2006 with no intent to renew it and no intent to vote in a foreign election in the future. Foreign influence concerns raised by the Israeli residency and citizenship of his siblings and his stepchildren are overcome by his strong ties to the U.S. since 1972, including his record of appropriate handling of classified information since 1978. Personal conduct concerns are not established because he did not act to conceal his possession of an Israeli passport. Clearance is granted.


Financial

10/08/2008

Applicant's longstanding federal tax delinquency that resulted in a 1997 tax lien, and his late income tax filings for tax years 2005 and 2006 generate a financial considerations security concern. The tax delinquency was caused by circumstances beyond his control. He has satisfied the lien, and filed the tax returns. Applicant has mitigated the security concern. Clearance is granted.


Drugs

10/07/2008

Applicant mitigated the security concern caused by his misuse of controlled substances while possessing a security clearance.


Financial

10/07/2008

Applicant mitigated the financial consideration security concerns. He paid or settled and paid the seven debts listed on the statement of reasons (SOR). He does not have any delinquent debt. Clearance is granted.


Foreign Influence

10/07/2008

Applicant is 45 years old, married, and has three children. He wants to work for a defense contractor as a translator. Applicant was born in Iraq, but has lived in the United States since 1992. He and his immediate family have U.S. citizenship. He has a U.S. passport. He has relatives in Iraq with whom he has intermittent contact. Applicant owns his home in the United States and has strong connections to the United States for giving him refuge. Applicant mitigated the foreign influence security concern. Clearance is granted.


Guideline B

10/07/2008

The Judge is presumed to have considered all the evidence. He is not required to cite or discuss every piece of record evidence. Adverse decision affirmed.


Personal Conduct; Financial

10/07/2008

Applicant was terminated from his previous employer for false expense reporting and false time charging. He deliberately omitted that the he was terminated in a subsequent security clearance questionnaire. He continued to feign ignorance as to the basis for the termination after being confronted about the termination in an interview conducted during his background investigation. Financial considerations concerns were raised based on his recent financial history. Applicant has taken steps to resolve his delinquent accounts. Security concerns remain based on his breach of fiduciary duty to his previous employer. Personal conduct and financial considerations concerns are not mitigated. Clearance is denied.


Guideline B

10/06/2008

Several members of Applicant's family citizens of Iran and five of them reside in Iran. The Judge's material findings of security concern are supported by substantial record evidence. Adverse decision affirmed


Guideline F

10/06/2008

Applicant's relatively brief periods of unemployment during which she received compensation are not adequate to apply the first prong of Mitigating Condition 20 (b). Nor is there a basis to apply the second prong. Similarly the record does not support application of mitigating Condition 20(c) and 20 (d). The Judge's whole person analysis relies on her erroneous application of the mitigating conditions and is thus also error. Favorable decision reversed.


Guideline J

10/06/2008

Applicant received a General Discharge from the Marine Corps in 2005. Applicant received non-judicial punishment for a minor offense. In 2003 he began an inappropriate relationship with a Lance Corporal. He was eventually convicted of violating a General Order and Adultery. Adverse decision affirmed.


Foreign Influence; Outside Activities

10/03/2008

This 67-year-old professor has worked in a Canadian research institute since 2005. He has mitigated the security concerns under the foreign influence guideline. However, he has not mitigated the outside activities guideline. Applicant has plans to return to the U.S. in 2009 and work for a university in the U.S. At that point, he may be eligible to hold a security clearance. Clearance is denied.


Guideline F

10/03/2008

Remand to the Administrative Judge for further processing in light in light of Applicant's motion regarding his "original response' to the File of Relevant Material. Adverse decision remanded.


Guideline F

10/03/2008

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. There is no constitutional right to counsel in civil proceedings and DOHA proceedings are civil in nature. Ineffective assistance of counsel doctrine does not apply to civil proceedings. Adverse decision affirmed.


Guideline F

10/03/2008

The Judge's findings of security concern are supported by substantial record evidence. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

10/03/2008

Applicant mitigated security concerns regarding Guideline J (Criminal Conduct); however he did not mitigate security concerns pertaining to Guideline E (Personal Conduct). He deliberately falsified his 2006 security clearance application, when he failed to disclose the majority of his criminal arrests, charges and convictions. Clearance is denied.


Guideline F

10/02/2008

Applicant cites to information she reports was provided to "The Investigator" and does not understand why it was not considered by the Judge. Applicant was provided a copy of the record to be considered by the Judge and advised of her rights and the procedures to be followed. She did not object or submit additional information. Adverse decision affirmed.


Guideline F; Guideline E

10/02/2008

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


Guideline E

10/01/2008

Applicant, who is married, had an extra-marital affair and as a result, he fathered a child. While Applicant revealed the affair and his child to the government, his wife remained unaware of them and Applicant had used his mother's address when corresponding with the government about his clearance. The Judge concluded that Applicant's revelation of the affair to the government failed to mitigate the security concerns arising out of Applicant's wife's lack of knowledge. Such conclusion is sustainable. Adverse decision affirmed.


Guideline B; Guideline C

10/01/2008

Born in Iran, Applicant became a U.S. citizen in 2000. Applicant's parents, five siblings, parents-in-law and brother-in-law are all citizens and residents of Iran. The Judge's decision that it is not clearly consistent with the interests of national security to grant Applicant a security clearance is sustainable on this record. Adverse decision affirmed.


Guideline F; Guideline E

10/01/2008

Applicant had numerous delinquent debts. In addition, she provided inconsistent explanations for her false answers on the security clearance application. Adverse decision affirmed.


Drugs; Personal Conduct

09/30/2008

During a 10-year period ending in September 2007, Applicant used marijuana, cocaine, ecstasy, methamphetamine, and he illegally used pain killers without a prescription. He disclosed his use of marijuana and cocaine on his security clearance application, but he did not disclose his use of ecstasy, methamphetamine, and prescription pain killers. Clearance is denied.


Financial

09/30/2008

Applicant lost an extremely lucrative job in 2004 while both she and her new husband faced nearly a year of unemployment. Ultimately discharged in bankruptcy, the couple separated. Unbeknownst to her, her husband reneged on his assumption of their two mortgages and a home foreclosure followed. Applicant entered a repayment plan to honor their second mortgage. She has been timely paying on that plan since April 2008. Applicant has mitigated security concerns. Clearance is granted


Personal Conduct; Financial

09/30/2008

In 2002, Applicant's husband began a protracted period of unemployment. This upset family finances already compromised by an increase in home valuation and Applicant's two weeks of unemployment. In completing her security clearance application, Applicant denied she had delinquent or adverse debts, but noted she was sure that some existed. To date, none of the accounts at issue have been addressed. Although Applicant carried her burden in mitigating personal conduct concerns, she failed to mitigate financial security concerns regarding her six years of old debt. Clearance is denied.


Alcohol

09/30/2008

Applicant is a 24-year-old man who was charged with and/or convicted of five alcohol-related offenses between August 2002 and March 2008. He has failed to mitigate the security concern caused by his alcohol consumption.


Financial

09/30/2008

Applicant's husband's injuries impacted his work, his mood, and his marriage. Until her found less physical employment, he suffered periods of unemployment which helped contribute to the family's inability to timely meet expenses. He has since found less strenuous employment and Applicant has made strides in addressing old debt. Applicant mitigated security concerns. Clearance is granted.


Criminal Conduct; Personal Conduct

09/30/2008

Applicant with six arrest/charges within a four-year period spanning 2003 and 2007, and who omitted his arrests/charges from the public trust and security clearance applications he completed in 2007 fails to mitigate trust concern. Clearance is denied.


Financial

09/30/2008

Applicant incurred 12 debts approximating $35,000. Apart from paying/resolving three of her smaller debts and a large debt through garnishment, the remaining debts remain unpaid/unresolved. Further time is needed for Applicant to regain financial stability and establish a track record of financial responsibility. Applicant's evidence failed to mitigate financial considerations raised. Clearance is denied.


Foreign Influence

09/30/2008

Applicant mitigated the security concerns raised by her family members living in Iran by demonstrating that they were not in a position to be exploited by the government, and Applicant's clearly-established loyalty to the U.S. made it extremely unlikely she could be pressured to provide protected information. Clearance granted.


Alcohol; Criminal Conduct

09/30/2008

Applicant was arrested three times for alcohol-related driving offenses. After an arrest in September 2002, he completed a three-day inpatient alcohol treatment program. After an arrest in September 2004, he completed a five-month outpatient program, abstained from alcohol for about 18 months, and then relapsed. After an arrest in October 2006, he completed a five-month treatment program and was placed in a very restrictive drug court program. At the hearing, he had abstained from alcohol for 22 months, but he had been released from the constraints of the drug court program for less than a month. Clearance is denied.


Criminal Conduct, Personal Conduct, Alcohol

09/30/2008

Applicant was convicted of eight misdemeanors and one felony. Several offenses were alcohol-related, including two driving while intoxicated offenses. Applicant mitigated security concerns arising under Guideline E (personal conduct) but not under Guidelines J (criminal conduct) and G (alcohol consumption). Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

09/30/2008

Applicant is an alcoholic with numerous arrests for driving while intoxicated. He has since October 2006 when he had his last drink of alcohol. He used marijuana from 1990 through 1994 and again three times in January 2003. Applicant has rebutted or mitigated the government's security concerns under alcohol consumption, criminal conduct, and personal conduct. Clearance is granted.


Foreign Influence

09/30/2008

Applicant mitigated the security concerns raised by family members residing in Pakistan, Canada, the U.K., and the U.S. by demonstrating that none of them were so situated as to raise a significant likelihood that Applicant could be pressured to provide U.S. information to any of those countries. Clearance granted.


Financial

09/30/2008

Although Applicant made payments on her delinquent accounts immediately preceding the hearing, she failed to mitigate the security concerns raised by her lengthy history of financial difficulties and her irresponsible handling of her indebtedness. Clearance denied.


Financial

09/30/2008

When checking on her credit, Applicant found she had a number of delinquent debts and inaccuracies on her credit report. With the help of her daughter, a financial professional, Applicant paid off one major debt and is in repayment on two obligations. With only a minimal amount left to be addressed, Applicant demonstrated a meaningful track record for addressing these debts. She also has the financial guidance of her daughter, a finance professional, who is committed to helping monitor Applicant's progress and overall budgeting in the future. Applicant mitigated security concerns. Clearance is granted.


Personal Conduct

09/30/2008

While in the Air Force, Applicant engaged in an extra-marital affair with a direct subordinate, and lied about it during a state court divorce proceeding and throughout a subsequent security clearance investigation process. After revealing it to another security clearance investigator, she was granted a clearance in 1997, which she has held without any further incidents. Applicant has mitigated the security concern. Clearance is granted.


Alcohol

09/30/2008

Between 2001 and 2005, Applicant was convicted of three driving while intoxicated by alcohol offenses, and being drunk in public. He also was sent home from work in April 2007 because he had the odor of alcohol on his breath. He had relapses after several alcohol treatments. Applicant failed to mitigate security concerns arising under Guideline G (alcohol consumption). Clearance is denied.


Foreign Influence

09/30/2008

Applicant mitigated potential security concerns under Foreign Influence by demonstrating that his relationships with his in-laws in China and his family members in Cote d'Ivoire were not close, those family members were not in a position to be exploited by the governments, and safety issues in Cote d'Ivoire were insufficient to constitute a heightened risk of exploitation of Applicant. Clearance granted.


Financial

09/30/2008

Applicant has 15 past-due or charged-off accounts totaling approximately $11,000 and filed for bankruptcy protection in 1998. None of the debts have been paid. Applicant has not successfully mitigated financial considerations security concerns. Clearance is denied.


Foreign Influence; Foreign Preference

09/30/2008

Applicant mitigated the security concerns under Foreign Influence and Foreign Preference by demonstrating that her grandparents were not in a position to be exploited by the Iranian government and the steps she had taken to surrender her Iranian passport to Iranian authorities. Clearance granted.


Financial; Drugs; Personal Conduct.

09/30/2008

Applicant owed the IRS $183,000. The tax lien has been released. No taxes are owed the IRS or state tax commission. In 2001, Applicant started using marijuana as an attempt to address depression he experienced resulting from participation in a medical clinical study. He used marijuana daily from 2001 to 2004. He has since sought treatment and no additional treatment is warranted. Applicant has successfully mitigated financial considerations, drug involvement, and personal conduct security concerns. Clearance is granted.


Financial

09/30/2008

Applicant incurred 26 debts approximating $29,000. Apart from paying three of her smaller debts, the remaining debts remain unpaid. She is currently unemployed, living off a small savings account, and has no plan in place to resolve her financial dilemma. The majority of her debts remain unpaid or unresolved. Applicant's evidence failed to mitigate financial considerations raised. Clearance is denied.


Financial

09/30/2008

Applicant had ten delinquent debts totaling about $15,000. He had insufficient income to set up any payment plans and was unable to resolve his delinquent debts. Applicant failed to mitigate security concerns arising under Guideline F (financial considerations). Clearance is denied.


Drugs; Personal Conduct

09/30/2008

Applicant's multiple falsifications of his drug abuse history render him an unsuitable candidate for access to classified information. Clearance denied.


Financial; Personal Conduct

09/30/2008

Applicant's falsification of her clearance application, and the financial problems she concealed, render her an unsuitable candidate for access to classified information. Clearance denied.


Personal Conduct; Criminal Conduct

09/30/2008

When Applicant's ex-husband reneged on an informal promise to provide her with financial support, she took revenge by opening and using a credit card account in his name. Arrested for the act in January 2007, she pled guilty to related charges in March 2007. She failed to disclose the facts concerning her criminal conduct to the government or her employer until she was interviewed by investigators in the summer of 2007. Applicant failed to mitigate criminal conduct and personal conduct security concerns. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

09/30/2008

Applicant used marijuana with various frequencies from 1974 until July 2007. He used marijuana after submitting his security clearance application. He did not list his illegal drug use on his security clearance application. Clearance is denied.


Criminal Conduct, Personal Conduct

09/30/2008

Applicant sent three e-mail messages to a former girlfriend that contained profane, lewd, vulgar, and threatening language in violation of a state criminal statute. He pled guilty to the misdemeanor offenses and was sentenced to a deferred adjudication. The charges were dismissed at the termination of the deferred adjudication period. Applicant mitigated the personal conduct and criminal conduct security concerns. Clearance is granted.


Foreign Influence

09/30/2008

Applicant (a naturalized U.S. citizen) has immediate family members who are citizens of Pakistan, with one sibling residing in the country, and another in India. His primary loyalties and demonstrated commitments to the U.S., despite his strong affections for his mother, siblings and their families, and his longstanding friendship with a son of a Pakistani VIP, enable him to mitigate any potential risk to undue foreign influence concerns under Guideline B. Pakistan is a country with a lengthy history of authoritarian government, human rights issues, and nuclear exchanges with adversaries of the U.S. But But Pakistan remains a strategic partner of the U.S. in the war on terrorism and a declared friend. Clearance is granted.


Drugs; Personal Conduct

09/30/2008

Applicant was caught with methamphetamine in his car during a traffic stop in July 2004. He was charged with felony possession of drugs and possession of drug paraphernalia, but apparently was not notified of the charges. He omitted the July 2004 incident from his security clearance application and did not disclose it during a security interview in May 2007. Although he purchased and used methamphetamine frequently for several years, he disclosed only a one-time use of methamphetamine in response to DOHA interrogatories and denied ever purchasing it. He has abstained from drug use since July 2004 and is receiving drug treatment. Security concerns based on drug involvement are mitigated, but concerns based on his falsifications are not mitigated. Clearance is denied.


Foreign Influence

09/29/2008

The Applicant is a 51 year old Senior Engineer for a defense contracting company. His foreign contacts in Taiwan that include his mother and father who are citizens and residents of Taiwan pose a significant security risk. The Applicant maintains close and continuing contact with them. He calls them weekly, visits them annually, and plans to use his vacation time to travel to Taiwan in the future. Clearance is denied.


Financial

09/29/2008

Applicant has over $18,000.00 in delinquent unsecured debt. There is little chance he will be able to address these debts anytime soon, and there is a significant risk he may fall behind on other debts. Clearance is denied.


Foreign Influence; Foreign Preference

09/29/2008

The Applicant is a 52 year old Production Supervisor for a defense contracting company. The Applicant was born in Jordan. He has lived in the United States for 23 years, he is married to an American citizen, and has three American children. His only remaining family in Jordan with whom he has any contact is a sister and brother who are residents and citizens of Jordan. They do not pose a security risk. The Applicant no longer has any assets in Jordan. He has destroyed his Jordanian passport and renounced his Jordanian citizenship. Clearance is granted.


Criminal Conduct

09/29/2008

Applicant committed a violent felony which resulted in serious injuries to the victim. He has no remorse, and he offered no evidence of reform. Clearance is denied.


Foreign Influence

09/29/2008

The Applicant is a 53 year old Linguist/Translator for a defense contracting company. His foreign contacts in Iraq, Syria, and Jordan do not pose a security risk. Clearance is granted.


Criminal; Financial

09/29/2008

The Applicant is a 41 year old Chemical Crib Technician for a defense contracting company. His criminal history includes two felony convictions for Spousal Abuse; in 2001, and one misdemeanor count in 2005. In May 2008, he completed his summary probation for the second offense. More time in rehabilitation is needed. Applicant's excessive indebtedness has been resolved by a good faith effort. Clearance is denied.


Foreign Influence; Personal Conduct

09/29/2008

The Applicant is a 35 year old Electrical Engineer for a defense contractor. The Applicant's close and deep emotional ties to her grandmother and other foreign relatives in Iran pose a significant security risk. Applicant's intentional falsifications on her security clearance concerning her Iranian passport and her travel to Iran have not been mitigated. Clearance is denied.


Alcohol

09/29/2008

Applicant has a long history of alcohol abuse and has been diagnosed as alcohol dependent. He nevertheless continues to consume alcohol. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial Considerations

09/29/2008

Applicant committed egregiously poor judgment by taking advantage of a person he was hired to protect. His poor judgment, which extends to his delinquent debts of about $11,000.00, has not been mitigated, even though more than eight years have passed since he engaged in the criminal conduct. Eligibility for access to classified information is denied.


Alcohol; Drugs; Criminal Conduct

09/26/2008

Applicant failed to mitigate the security concerns raised by his three alcohol- related arrests between October 2003 and October 2007, and his subsequent diagnoses as an alcohol abuser. Clearance denied.


Drugs; Personal Conduct

09/26/2008

Applicant used a marijuana cigarette once in 2003 and twice in 2004. She has not smoked marijuana since and has agreed to a revocation of her clearance if she uses an illegal controlled substance in the future. Her SF-86 was factually correct. The government has not established its case under Guideline E. Applicant has mitigated the government's security concerns under Guideline H. Clearance is granted.


Drugs; Personal Conduct

09/26/2008

At age 17, Applicant experimented with marijuana on two occasions during a holiday recess from school. He compounded his adverse conduct by experimenting with the drug a third time in July 2007. The drug involvement and personal conduct guidelines are nonetheless found in his favor as there is no evidence the drug use was anything more than isolated. Furthermore, Applicant is distancing himself from drug users and situations of drug use, and recognizes what drug use can do to his security clearance. Eligibility for access to classified information is granted.


Foreign Influence

09/26/2008

Applicant was born in Taiwan and became a U.S. citizen in 1997. His father is a retired Taiwanese government employee living in a nursing home in Taiwan. His mother suffers from Alzheimer's disease and lives in a nursing home in the U.S. Three of his siblings are U.S. citizens and one is an Australian citizen. His wife was born in Thailand and became a U.S. citizen in 2004. Her father, four siblings, and their spouses are citizens and residents of Thailand. Security concerns are mitigated by Applicant's deep and longstanding relationships and loyalties in the U.S. Clearance is granted.


Foreign Influence; Personal Conduct

09/26/2008

Applicant's failure to register for the draft was unintentional, and the foreign influence concern generated by his relatives living in Israel and Jordan are outweighed by his unique professional abilities that he is contributing to the War on Terror. Clearance is granted.


09/26/2008

Applicant incurred 16 debts totaling $25,228. She denied six of those debts claiming they were paid or resolved, but failed to provide any documentation supporting her claims. She also failed to file her 2004 federal income tax return and her budget reflects a negative net monthly remainder. Her plan to resolve her debts is to file Chapter 7 Bankruptcy. As of the hearing date, her bankruptcy petition had yet to be filed. Hence her debts as alleged remain unpaid or unresolved. Applicant's evidence failed to mitigate financial considerations raised. Clearance is denied.


Financial; Personal Conduct

09/26/2008

Applicant financial irresponsibility renders him an unsuitable candidate for access to classified information. Clearance denied.


Financial; Foreign Influence

09/26/2008

Applicant's wife and step-daughter are citizens of Brazil residing in the United States. His in-laws are citizens and residents of Brazil. Applying proceeds from his retirement fund, Applicant purchased a home in Brazil for his American parents and a retirement condominium for himself. Scant facts and minimal evidence were offered with regard to his extended Brazilian family or his foreign land purchases. Applicant failed to mitigate financial considerations and foreign influence security concerns. Clearance is denied.


Guideline J; Guideline E

09/26/2008

The Judge found that Applicant was convicted after an Alford plea of third degree assault. The conviction and the other record evidence (including Applicant's daughter's description of his touching her) precluded the Judge from concluding that Applicant did not commit the offense. The Judge's analysis of Guideline Mitigating Conditions does not follow logically from the record evidence. Favorable decision reversed.


Criminal Conduct, Personal Conduct, Financial Considerations

09/26/2008

In 2000, Applicant pled guilty to padding her Government business expenditures. She completed her sentence, paid full restitution, and made a concerted effort to turn her life around. She now devotes a substantial amount of her time counseling others through her church and has also started an outreach program that benefits the homeless and battered women. Applicant's contrition, restitution, and rehabilitative efforts mitigate financial considerations, personal conduct, and criminal conduct security concerns. Clearance is granted.


Foreign Influence; Foreign Preference

09/26/2008

Applicant is an Iranian born, naturalized U.S. citizen, who has lived in the United States since 1981. Applicant's two aunts and in-laws are citizens and residents of Iran. His wife is a permanent resident alien from Iran living in the U.S. Applicant used his Iranian passport to enter Iran after becoming a U.S. citizen. He has substantially more connections to the United States than to Iran. Applicant has rebutted or mitigated the government's security concerns. Clearance is granted.


Personal Conduct

09/26/2008

From 1999 until 2002, Applicant was involved in a contentious divorce. The court issued several restraining orders against him during this time, which he did not violate. He, however, violated a 2005 restraining order. He declined to pay his former wife the attorney fee award until forced to do so. During his divorce proceedings, he improperly contacted two different presiding judges in violation of procedural orders. The government has not established the other allegations of misconduct under Guideline E. Applicant has not mitigated the government's security concerns under Guideline E. Clearance is denied.


Financial

09/25/2008

Applicant has numerous delinquent debts that she has not paid. Many she left unpaid when she moved and has not contacted the creditors. She presented no evidence to show she is acting in a fiscally responsible manner. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial

09/25/2008

Applicant is 25 years old and recently graduated from college. He lost his job while attending college and got behind in paying his obligations. After graduation he had difficulty finding a full time job. Since being employed full time, he has consolidated his delinquent debts and is consistently paying them. Applicant has mitigated the security concerns raised under Guideline F, Financial Considerations. Clearance is granted.


Financial

09/25/2008

Applicant accumulated over $120,00.00 in delinquent debts, which she attributes in part to her divorce and home foreclosure. Unsuccessful in several Chapter 13 petitions, she fails to provide any documented efforts of repayment since her last Chapter 13 plan was dismissed in April 2007. Clearance is denied.


Personal Conduct; Criminal Conduct; Sexual Behavior

09/25/2008

Applicant mitigated the security concerns raised by his January 2004 molestation of his minor step-child by the passage of time, the public knowledge of the offense, the favorable prognoses from his psychotherapist and the psychiatrist who performed his pre-sentencing evaluation. Clearnce granted.


Foreign Influence, Foreign Preference

09/25/2008

Applicant mitigated security concerns regarding foreign influence and foreign preference. His sister and brother-in-law live in Russia and are Russian citizens. He destroyed his expired Russian passport. Because of his deep and long-standing relationships with his family in the United States and his other connections to this country, he will resolve any conflicts in favor of U.S. interests. Access to classified information is granted.


Alcohol; Personal Conduct

09/25/2008

Applicant had eight driving while intoxicate arrests and convictions from 1984 until 1991. He continued to moderately drink alcohol. He had two driving while intoxicated convictions from March to May 2002, and attended and completed alcohol counseling. He continued to moderately drink alcohol until he stopped consuming alcohol in June 2007. He deliberately did not list his 1984-1991 driving while intoxicated offenses on his security clearance application. Applicant did not mitigate security concerns for alcohol consumption and personal conduct. Clearance is denied.


Financial

09/25/2008

Between 2001 and 2008, Applicant incurred 13 delinquent accounts, an approximate total of $37,516. Applicant resolved three of the accounts. There is insufficient evidence to conclude the ten remaining accounts are resolved. Applicant has not met his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

09/25/2008

Financial considerations concerns were identified during renewal of Applicant’s security clearance. At the time Applicant’s SOR was issued, 11 unpaid or unresolved debts were identified. Applicant’s financial difficulties stemmed primarily from an inability to sell her second home, and costs associated with paying for drug treatment and providing support for her adult son. Applicant has since paid or resolved all of her debts, sought financial counseling, and reestablished financial stability. Clearance is granted.


Financial

09/25/2008

Applicant is 39 years old and has numerous delinquent debts. The only debts that are being paid are those that have judgments and are being paid through garnishment. He has ignored his debts and does not have a realistic grasp of his financial situation. He failed to mitigate the security concerns raised under the guideline for financial considerations. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/25/2008

Applicant's long history of financial irresponsibility, and his misrepresentation of his financial difficulties, render him unsuitable for access to classified information. Clearance denied.


Financial; Personal Conduct; Criminal Conduct

09/25/2008

Applicant incurred six debts totaling $3,804. He successfully mitigated one of the debts, a student loan. He was convicted of reckless driving in December 2002, fired from his job for engaging in inappropriate e-mail activities in January 2004, and cited for a seatbelt violation in December 2004, which was reported as past due in January 2005. In February 2006, he was convicted of 4th degree assault and placed on probation for two years. In February 2006, he was arrested for having an expired registration and failing to maintain required insurance. Applicant has failed to mitigate financial considerations, personal and criminal conduct concerns. Eligibility for access to sensitive information is denied.


Financial

09/25/2008

Applicant has paid or is paying all of her past due debts. She is aware of, and able to, pay all of her current debts. Clearance is granted.


Criminal; Psychological Conditions; Personal Conduct

09/25/2008

The Applicant is a 44 year old Security Officer for a defense contracting company. Her arrest and charges in October 1997, for Threatening a Federal Official in violation of 18 U.S. C. Sections 115 and 1114, both felonies, her psychological condition, and her intentional falsifications on her security clearance application have not been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

09/25/2008

Applicant, who is 55 years old, immigrated to the United States when he was 24 and has lived in the U.S. for 31 years. He has been a U.S. citizen for 20 years, and is married to a naturalized U.S. citizen. They have a six year old daughter, who is a U.S. citizen. Applicant has considerable assets in the U.S. and none in Taiwan or any other country. He has renounced his Taiwanese citizenship and had his Taiwanese passport invalidated. His contact with brothers-in-law in Taiwan is limited, and his mother-in-law plans to move to the United States shortly. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

09/24/2008

Given Applicant's strong character evidence, showing an outstanding job performance and an exceptional scholastic record, and the experimental nature of his marijuana use at age 19 and 20 years of age, the drug involvement guideline and the personal conduct guideline are found in his favor. Eligibility for access to classified information is granted.


Guideline C; Guideline B; Guideline F; Guideline E

09/24/2008

The Board has considered Applicant's brief in light of our prior decision. Applicant has failed to articulate a persuasive reason to change the Board's resolution of this case. Request for reconsideration is denied.


Financial

09/24/2008

The Applicant is a 48 year old Fire Captain for a defense contracting company. His excessive indebtedness was caused by two marriages and divorces, identity theft, a motorcycle accident and a lost job. Since then, he has made a good faith effort to resolve his debts by either paying them off or making regular monthly payments. Clearance is granted.


Foreign Influence

09/24/2008

Applicant is a native-born U.S. citizen. His parents were born in Taiwan, became U.S. citizens in 1979, and returned to Taiwan in 1988. His wife was born in the PRC, where she completed college. She came to the U.S. in 2001 to complete her education. Her parents and extended family are citizens and residents of the PRC. Clearance is denied.


Financial

09/24/2008

The Applicant is a 61 year old employer for a defense contracting company. His history of financial indebtedness, that includes approximately $30,000.00 in back taxes, has not been mitigated. Clearance is denied.


Foreign Preference

09/24/2008

Applicant is 24 years old and unmarried. She works for a defense contractor. Applicant was born in Canada, but lives in the United States with her family. She has dual Canadian and U.S. citizenships. She has both a U.S. passport and a Canadian passport. She refuses to surrender the Canadian passport. Applicant has not mitigated the foreign preference security concern. Clearance is denied.


Foreign Influence

09/24/2008

The Applicant is a 48 year old Mechanical Engineer for a defense contracting company. He has significant foreign family ties and investments in India that have not been mitigated. Clearance is denied.


Foreign Preference

09/24/2008

Concerns of foreign preference raised by Applicant's voluntary acquisition of United Kingdom citizenship and acceptance of medical benefits in the U.K. are not fully mitigated. His willingness to renounce foreign citizenship is conditional and not followed up by any concrete action. Clearance is denied.


Financial; Personal Conduct

09/24/2008

The Applicant is a 31 year old employer for a defense contracting company. Her history of financial indebtedness has been mitigated by a good faith effort to resolve her debts. Her intentional falsification on her security clearance application concerning her delinquent financial history has not been mitigated. Clearance is denied.


Financial; Personal Conduct

09/232/2008

From 2001 to 2007, Applicant incurred 12 delinquent accounts, a total approximate balance of $22,243 which raised concerns under financial considerations. He resolved most of the accounts. He entered into a repayment agreement for his largest account, a $17,000 automobile repossession. He was unaware of the delinquent accounts because his wife handled the finances. Applicant did not intentionally falsify his security clearance questionnaire. He mitigated the concerns raised by his delinquent debts. I find for Applicant under financial considerations and personal conduct. Clearance is granted.


Foreign Preference, Foreign Influence

09/23/2008

Applicant was a dual citizen of the U.S. and Turkey, until she was made aware that if affected her security clearance that she held for over ten years. She has destroyed her Turkish passport and formally renounced her Turkish citizenship. Applicant divested herself of any present or future property or inheritance rights in Turkey. Although her mother and brother are citizens and residents of Turkey, she has such long standing ties to the U.S. that it is clear that any potential conflicts of interests would be resolved in favor of the U.S. Applicant has successfully mitigated the security concerns raised. Clearance is granted.


Alcohol

09/23/2008

The Applicant is a 24 year old Junior Systems Engineer for a defense contracting company. His short history of alcohol abuse involving one alcohol related incident in March 2007, was an isolated incident that will not be repeated. Sufficient mitigation has been shown. Clearance is granted.


Foreign Influence

09/23/2008

Applicant was not subject to foreign influence because of his two family members living in Lebanon, and his small savings account there. Clearance granted.


Foreign Influence

09/23/2008

Applicant's parents are citizens and residents of Iran. He came to the U.S. in 1976 at age 16. His two brothers came to the U.S. in 1974 and are U.S. citizens. He completed high school, college, and graduate school in the U.S. He became a U.S. citizen in 1995 and has held a clearance since 1996. His wife was born in Iran, went to Sweden with her family in 1980, became a Swedish citizen, and now aspires to be a U.S. citizen. He destroyed his Iranian passport, knowing its destruction would prevent him from visiting his aged and ailing parents again. Clearance is granted.


Foreign Preference; Foreign Influence

09/23/2008

Applicant, a civil engineer with a defense contractor, mitigated allegation arising from having obtained a passport of the Philippines where he was born before becoming a U.S. citizen. The passport has been destroyed. He also has some relatives living in the Philippines but the principal concern of the government was that his wife and brother-in-law own a company that he once was also was an owner, which he helped organize, and provided engineering services. He is no longer involved in the company and the work of that company does not conflict with the work his employer does as a U.S. defense contractor. Clearance is granted.


Financial

09/23/2008

Applicant is 56 years old and employed by a defense contractor. While married to his second wife and subsequent to their divorce, he accrued a significant number of debts, totaling $29,000, which he has not addressed. He failed to mitigate the security concerns raised under Guideline F, pertaining to Financial Considerations. Clearance is denied.


Criminal; Personal Conduct

09/23/2008

The Applicant is a 33 year old Air Traffic Control Communications Engineer for a defense contracting company. His extensive criminal history and recent deliberate falsification on his security clearance application concerning his illegal drug involvement has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Guideline J

09/23/2008

Although some of Applicant's convictions were set aside, it was not due to insufficient evidence of guilt. Judge had a reasonable basis to conclude that Applicant had failed to mitigate the security concerns in his case. Adverse decision affirmed.


Financial

09/22/2008

Applicant failed to mitigate security concerns regarding Guideline F (Financial Considerations). She used Chapter 7 Bankruptcy in 2005 to discharge her debts. She still owed $50,000 to the Internal Revenue Service. Her plan to resolve this debt was to obtain a clearance and better paying employment. Then she would use the increased income to pay her federal income taxes. Eligibility for a security clearance is denied.


Foreign Influence

09/22/2008

Applicant mitigated the foreign influence security concerns arising from his dual citizenship with Ghana and the United States, and his relationship and contacts with Ghanaian citizens. Eligibility for access to classified information is granted.


Foreign Preference

09/22/2008

Applicant, a 29-year-old engineer working for a defense contractor, mitigated foreign preference security concerns arising from his birth in the U.S. to a Danish citizen and living for seven years in Denmark with her. He acquired Danish citizenship from his mother and received a student loan of $5,000 from the Danish government for his higher education. The debt is still outstanding but not delinquent, and will be paid as soon as he is able to do so. He completed his education in the U.S. He also acquired a Danish passport while in Denmark which was never used, has now expired, and is lost. Clearance is granted.


Financial

09/22/2008

Between 2001 and 2007, Applicant incurred 23 delinquent accounts, an approximate total of $89,000. Significant health issues and a lack of health insurance was a factor in her financial situation. Applicant's voluntary decision not to work for a period of 14 months also caused her financial problems. Applicant is unable to resolve her delinquent accounts based on her income. It is unlikely that her financial problems will be resolved in the near future. She has not met her burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Foreign Preference; Foreign Influence

09/22/2008

Applicant married a U.S. service member and became a naturalized U.S. citizen during the four and a half years they lived in the U.S. They are now separated, pending divorce, and she lives and works in Germany, where she retains dual citizenship, holds an active passport, and votes. All of her immediate family and most of her assets are in Germany. Foreign preference and foreign influence security concerns were not mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

09/22/2008

Applicant has multiple family relationships with individuals who are dual citizens of the U.S. and Jordan and who reside in Jordan and Israel. He maintains Jordanian citizenship and an active Jordanian passport so that he can inherit property in Jordan at some undefined time in the future. Applicant failed to mitigate security concerns under the foreign influence and foreign preference guidelines. Clearance is denied.


Financial; Personal Conduct

09/19/2008

Applicant owes more than $35,000 in delinquent federal and state income taxes, and about $17,609 in past due balances on other accounts. Security concerns about his finances are unmitigated because he has done little to resolve his debt and has not filed his income tax returns for tax years 2003 to 2006. Personal conduct security concerns persist because he listed only one tax lien and omitted all other debts from his security clearance application. Clearance is denied.


Financial; Personal Conduct

09/19/2008

Applicant is a 39-year-old employee of a federal contractor who works in security. He has numerous debts that have been delinquent since 1999 and 2000. He has paid a judgment and has a payment plan on one debt. He owes federal income taxes for different tax years. He intentionally failed to list he had delinquent debt on his security clearance application. He failed to mitigate the security concerns raised by his financial considerations and personal conduct. Clearance is denied.


Drugs; Personal Conduct

09/19/2008

Applicant is a 40-year-old employee of a software-development company. He used marijuana about a dozen times since 1988. His most recent use took place in July 2007, a few months after he completed a security-clearance application. Applicant presented sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is granted.


Drugs

09/19/2008

Applicant used marijuana from 1972 until early 2007, using it during the last 20 years a few times a year. Applicant has not rebutted or mitigated the government's security concerns under guideline H, drug involvement. Clearance is denied.


Drugs

09/19/2008

Applicant's 10-year use of marijuana was not mitigated because it was recent, continued after college and while employed by a company with a drug policy, and Applicant had not dissociated himself from contacts and environments where drugs were used. Clearance denied.


Alcohol

09/19/2008

Applicant has a long history of alcohol abuse. He underwent detoxification in 1994, completed an alcohol rehabilitation program in 1997, and abstained from alcohol until he relapsed in 2002. He underwent detoxification in September and October 2004, March 2006, December 2007, and April 2008. He completed an in-patient rehabilitation program in July 2008 and had abstained from alcohol for about four months as of the date of the hearing. Clearance is denied.


Financial

09/19/2008

Applicant went into debt after losing his job in 2002. For five years, he held a series of low paying jobs and was either underemployed or unemployed. In 2007, he secured a job in his career field and restored his salary to its previous level. He sought financial counseling, and established a credible budget. He has paid or resolved all of the debts alleged. Also taken into account were the positive comments of his work and personal references, and landlord. Clearance is granted.


Financial

09/19/2008

Applicant has failed to mitigate the security concerns that arise from his delinquent federal income taxes and other debts that remain owing.


Guideline F; Guideline E

09/19/2008

The Judge's application of several mitigating conditions is not supported by the record. The Judge's reliance on the unenforceablity of some of Applicant's debts is error. Favorable decision reversed.


Financial

09/19/2008

Applicant is 28 years old and has numerous delinquent debts that are years old and he has been unable to pay. He does not have a financial plan for how to resolve his delinquencies. Applicant failed to mitigate the security concerns raised under the guideline for financial considerations. Clearance is denied.


Drugs; Personal Conduct

09/19/2008

Applicant's regular use of marijuana from 2001 to late 2004 or early 2005 is mitigated by the passage of time characterized by important changes in his lifestyle. Though Applicant intentionally concealed his drug history from his security application in November 2006, he has convinced me he understands the seriousness of his dishonest conduct, and will not repeat that behavior in the future. Eligibility for access to classified information is granted.


Financial

09/19/2008

Applicant incurred 14 debts totaling $24,954. His indebtedness began in 2002/2003 and has been ongoing. There is documentation showing payment of two debts only. While he has contested several debts, he has failed to show any documented effort that the contested debts are not valid despite his assurances to do so. Furthermore, he has not shown any documented effort to pay/resolve the remaining debts. Applicant has failed to mitigate financial considerations concerns that exist in this case. Eligibility for access to sensitive information is denied.


Criminal Conduct; Drugs; Personal Conduct

09/19/2008

Applicant is 48 years old and held a security clearance for 25 years. He was convicted of felony possession of crack cocaine; and misdemeanor charges of possession of marijuana; trespassing and assaults. He was also charged with felony possession of marijuana with intent to distribute and the charge was reduced to misdemeanor possession. Applicant intentionally did not divulge all of his drug history on his security clearance application. He has mitigated the security concerns under Guideline H, Drug Involvement, but failed to mitigate the security concerns under Guidelines J, Criminal Conduct and E, Personal Conduct. Clearance is denied.


Personal Conduct; Financial; Criminal Conduct

09/18/2008

Applicant has long standing delinquent debts that he has not addressed. He also provided false material information about his financial condition on a security questionnaire. Clearance is denied.


Personal Conduct; Criminal Conduct; Drugs

09/18/2008

Although applicant has started to turn his life around, the recency of his dishonesty and illegal drug use preclude a finding of mitigation and reform. Clearance is denied.


Alcohol

09/17/2008

Applicant is a 25-year-old employee of a defense contractor. He was arrested in 2002 for minor in possession of an alcoholic beverage; in July 2006 for driving under the influence (DUI); and again in February 2007 for DUI. Applicant has not mitigated the security concerns raised by his three alcohol-related arrests. Clearance is denied.


Foreign Preference

09/17/2008

Applicant was born in the United States. Her mother was a U.S. citizen and her father is a Canadian citizen. The family moved to Canada in 1980, where she lived until 1994 when she started college in the United States. She returned to Canada after graduation in 1998. In July 2004, she permanently moved to the United States to live and work. Prior to obtaining her U.S. passport in December 2005, she used her Canadian passport to travel between the United States and Canada. In June 2006, she voted in a Canadian election. In February 2008, she destroyed her Canadian passport. She is willingly to renounce her Canadian citizenship. She mitigated the security concerns raised under foreign preference. Clearance is granted.


Financial

09/17/2008

Applicant incurred six debts totaling $27,931 during the years 2000 – 2003 when he was underemployed and/or experiencing a business downturn. He has paid or resolved all of the debts alleged. Applicant had done a complete financial turnaround and established a credible budget. Also taken into account were the positive comments of his supervisor, personal references, and the whole person concept. Clearance is granted.


Financial

09/17/2008

Applicant has a history of failing to meet his financial obligations. As of the date of the hearing, he had 11 delinquent accounts, owing approximately $19,500 which had been delinquent for many years. His evidence is insufficient to mitigate security concerns under Guideline F (Financial Considerations). Clearance is denied.


Financial

09/17/2008

The Applicant is a 42 year old Engineer Technician II for a defense contracting company. He became excessively indebted as a result of a business loss, period of disability and divorce. Since then, he has paid off most of his debt and is following payment plans with the others. He has made a good faith effort to resolve his indebtedness. Clearance is granted.


Sexual Behavior; Information Technology; Personal Conduct

09/17/2008

For a 16-month period Applicant engaged in frequent and sustained high risk behavior by engaging in sexual encounters with individuals she met on the internet or while frequenting night clubs. Her behavior continued until she was arrested for prostitution after placing an ad for sex in an open classified internet site. She placed the ad using her company computer while holding a security clearance and on temporary duty assigned to give software training to federal law enforcement support personnel. Applicant was unable to mitigate security concerns under sexual behavior, information technology, and personal conduct. Clearance is denied.


Financial; Alcohol

09/17/2008

Applicant has substantial delinquent debt that he only recently began to repay. He had alcohol-related convictions in 1994, 2000, and 2004, and continues to consume alcohol. Eligibility for access to classified information is denied.


Foreign Influence

09/17/2008

Applicant has a mother, two sisters, a brother, and a brother-in-law that are citizens and residents of Taiwan. He has substantial assets both in the United States and in Taiwan. Applicant has established that it is unlikely his family members and financial assets in Taiwan will place him in a position of having to choose between their interests and the interests of the United States. There is no conflict of interest because of his deep and longstanding relationships and loyalties in the United States. He can be expected to resolve any conflict of interest in favor of the United States interest. Clearance is granted.


Criminal

09/17/2008

Applicant is a 52-year-old consultant for a defense contractor. He served in the Navy attaining the rank of first class petty officer before being commissioned and attaining the rank of Lieutenant Commander. Although a married man, he targeted a young enlisted sailor to marry his girlfriend who overstayed her visa and was in the U.S. illegally. He was the driving force in getting her a military dependents identification card and defrauding the government. He was court-martialed and received a dismissal, six- months in jail and a fine. I find under the circumstances Applicant failed to mitigate the trustworthiness concerns. Applicant's eligibility to sensitive information is denied.


Alcohol; Personal Conduct; Foreign Influence

09/17/2008

The Applicant is a 47 year old Electronic Satellite Controller for a defense contracting company. His long history of alcohol abuse includes two DUI's, a self referred alcohol treatment program, a diagnosis of alcohol dependence followed by a short period of abstinence and then a relapse has not been mitigated. His failure to disclose a 1991 DUI during an interview with a DoD investigator in 2006, and in response to interrogatories in 2007 has not been mitigated. His foreign influence that includes his current wife who is a citizen of the Philippines, and two former wives and former in-laws who are citizens and residents of the Phillippines do not pose a security risk and has been mitigated.


Mental

09/17/2008

Applicant has a long history of mental health problems, self-mutilation, and suicide attempts. She has been diagnosed with bipolar I disorder and post-traumatic stress disorder. Her last suicide attempt was three weeks before the hearing. Clearance is denied.


Alcohol; Criminal Conduct, Personal Conduct

09/17/2008

Applicant was arrested and punished by non-judicial punishment for driving while intoxicated in 1999. He was arrested and convicted for driving while intoxicated in May 2008. He continues to drink alcohol to the point of intoxication once or twice a week. He last drank alcohol to the point of intoxication five days before the September 4, 2008 hearing. He was involved in two domestic violence criminal incidents with his wife in 2005 and 2006. He was to complete a domestic violence course but dropped out on his own. He informed security investigators that he had completed the course. Clearance is denied.


Criminal Conduct

09/17/2008

Applicant was convicted of illegal possession of child pornography, a felony. He downloaded images four or five times a week for ten months, downloading about 1,000 images. He saved about 100 images, many of young but sexually developed girls, because he found them sexually stimulating. He was sentenced to five years in jail, suspended, and five years of supervised probation. He will be on probation until about October 2011. Clearance is denied.


Foreign Influence

09/16/2008

Applicant is a 60 year-old United States born citizen, who served in the U.S. military for 28 years, and his son now serves in the U.S. Army. Applicant formed a U.S. business in 2006, and an Iraqi citizen and former resident, invested $30,000 in the venture. The business has now dissolved, and although he had no duty to do so, Applicant has returned the $30,000 investment to the Iraqi citizen, who is now a legal U.S. alien. Mitigation has been shown. Clearance is granted.


Financial

09/16/2008

Applicant is 59 years old and employed by a defense contractor. After retiring in 2000, Applicant withdrew $30,000 from her retirement fund that she subsequently used for living expenses, in addition to credit cards. For the next several years, she was under-employed and could not meet her expenses and did not pay her 2000 and 2001 taxes. Recently, she began resolving some of the delinquent debts, but a significant amount remains unresolved. She failed to mitigate the security concerns raised under Guideline F, pertaining to Financial Considerations. Clearance is denied.


Foreign Preference; Foreign Influence

09/16/2008

Applicant exercises dual citizenship with the U.S. and Lebanon and maintains a Lebanese passport. He maintains his Lebanese passport primarily for ease of travel to visit his late father’s gravesite in Lebanon. He intends to retain his Lebanese citizenship and Lebanese passport knowing that doing so is at odds with DoD policy. He also maintains frequent contact with relatives in Lebanon, and has traveled to Lebanon three times since 1999. These facts raised foreign preference and foreign influence concerns, which Applicant was unable to mitigate. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/16/2008

Applicant's last arrest was more than six years ago. His changed personal and professional circumstances make it unlikely he will repeat his criminal conduct. His omission of information about his arrests from his e-QIP is not disqualifying because he did not intentionally falsify his answers to the questions about his arrests. However, Applicant did not mitigate the security concerns arising from the fact he owes more than $36,000 in delinquent debts, some of which have been unpaid or unresolved since 1997. Clearance is denied.


Alcohol; Drugs

09/16/2008

Applicant mitigated security concerns regarding drug involvement because he stopped using illegal drugs two years ago; however, he failed to mitigate security concerns regarding alcohol consumption. He still drinks alcohol to intoxication, had a DUI in 2003, and was fired from a job in 2001 for an alcohol-related offense. Eligibility for a security clearance is denied.


Foreign Influence; Foreign Preference

09/16/2008

Foreign influence concerns persist because of Applicant's close family ties to Egypt. Foreign preference concerns raised by his use of an expired Egyptian passport to prove his Egyptian birth are mitigated because he does not intend to renew the foreign passport. Clearance is denied.


Financial

09/16/2008

Applicant accumulated a significant amount of debt after he purchased a multi-million dollar business that failed within a couple years of the purchase. By 2005, he resolved all of his bank loans and other unsecured debts, but three credit cards. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial; Personal Conduct

09/16/2008

Applicant presents with a history of financial problems that includes a outstanding default judgment and several other major debts that he accumulated during periods of health complications with both himself and his wife. While he has been able to address a couple of the debts with modest repayment plans, he still has substantial debts and is considering Chapter 13 bankruptcy relief. His accumulated debts while extenuated somewhat are not mitigated sufficiently to retain his eligibility to hold a security clearance at this time. Applicant successfully refuted allegations of falsification of his security clearance application. Clearance is denied.


Criminal Conduct; Personal Conduct

09/16/2008

Applicant pleaded guilty in November 2006 to a misdemeanor domestic battery offense and was placed on probation and ordered to complete an anger management course. Applicant complied with all of the court's conditions, and has not been involved in any other criminal offenses. Applicant mitigates this criminal conduct. Of added security concern are Applicant's multiple omissions of his domestic incident in the two security clearance applications he completed. He did not correct his omissions until confronted, and they are not mitigated under the personal conduct guideline. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/16/2008

Applicant, a contract employee with the Department of State, mitigated financial allegations arising from delinquent debts totaling approximately $45,000 that arose during his former marriage. He has paid or settled all debts. He also mitigated personal conduct and criminal conduct allegations for failure to list his debts on his SF 86. Clearance is granted.


Personal Conduct

09/16/2008

Applicant failed to mitigate personal conduct allegations arising from a series of actions over a 23 year period involving arrests, shoplifting, non-judicial UCMJ punishments, speeding, and omissions on two SF 86s. Clearance is denied.


Criminal Conduct

09/16/2008

Applicant was charged and/or arrested for criminal offenses seven separate times from 1991 to 2007. The most recent charge occurred in January 2007 after she submitted her October 2005 security clearance application. She was unable to mitigate criminal conduct concerns raised as a result of these seven incidents spanning a 16-year period. Clearance is denied.


Financial

09/16/2008

Applicant developed financial problems in 2000 when she stopped paying credit debt incurred during a long-term relationship. Because she has not paid her old debts, the Guideline F mitigating conditions do not apply. However, since this time, she has worked steadily, making timely payments on her debts and usual living expenses as she raises three children without financial support from their father. She has demonstrated that she has rehabilitated her finances. She has mitigated the government's security concerns under the whole-person, and thus, under Guideline F. Clearance is granted.


Financial; Personal Conduct

09/16/2008

Applicant has failed to mitigate the financial considerations security concerns that exist in this case. Accordingly, it is not clearly consistent with the national interest to grant her access to sensitive information.


Financial

09/16/2008

Applicant has failed to mitigate the security concerns that arise from his failure to file state and federal income tax returns and pay taxes that remain owing.


Criminal Conduct; Personal Conduct

09/16/2008

Applicant's false statement in April 2003 represents poor judgment under the criminal conduct and personal conduct guidelines. Even though five years have passed since the false statement, her falsehood is not mitigated by the passage of time because she continues to falsely claim her statement about the cell records is true. Eligibility of access to classified information is denied.


Alcohol

09/15/2008

Applicant's alcohol abuse has resulted in a number of alcohol related incidents, from 1992 through 1997, and a DUI occurring in 2006. Applicant now abstains completely from alcohol consumption, and she intends to continue abstention in the future. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

09/15/2008

Applicant had a history of financial difficulties. He has resolved all but one of his overdue debts, and 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), was materially correct. Mitigation has been shown. Clearance is granted.


Guideline F; Guideline E

09/15/2008

Applicant bears the burden on appeal that there is insufficient indicia of reliability to allow the admission into evidence of two credit reports. Applicant fails to meet this burden and fails to establish that there is insufficient evidence to support the Judge's decision. Adverse decision affirmed.


Guideline F; Guideline E

09/15/2008

Although Applicant disagreed with the Judge's weighing of the evidence, the record as a whole demonstrates that the Judge's decision is sustainable. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

09/12/2008

Applicant used marijuana and cocaine at various times from at least 1975 until December 2005. He used opium in 1977 and mushrooms in 1981. He provided funds to purchase marijuana and cocaine on a number of occasions. He falsified information concerning his use of drugs on four separate security clearance applications and provided false information to security investigators at least three times. He used illegal drugs while holding a security clearance and after submitting a security clearance application. A government agency denied him access to sensitive compartmented information because of his drug use and providing false information. He violated federal law by providing false information on security clearance applications and to security investigators. Clearance is denied.


Drugs; Personal Conduct

09/12/2008

Applicant's 28-year history of marijuana use, beginning when he was a teenager, and lasting through December 2007, three weeks after being interviewed by a security clearance investigator, generates drug involvement and personal conduct security concerns that he failed to mitigate. Clearance is denied.


Foreign Preference

09/12/2008

Applicant is a U.S. citizen by birth and a naturalized citizen of Sweden as a young minor through the efforts of his mother (of Swedish heritage and citizenship). Applicant exercised his dual citizenship with Sweden in very limited ways. He worked and studied in Sweden for several years and earned a small Swedish pension. He possessed a Swedish passport and used it on his family trips to European countries. He has since surrendered his Swedish passport to his employer's facility security officer. He extenuates and mitigates security concerns associated with his past possession and use of his Swedish passport and accrued Swedish pension by virtue of his returning his passport and demonstrating his principal assets to be U.S. based. Besides his Swedish pension, Applicant has no other material rights, privileges or benefits by virtue of his dual U.S.-Swedish citizenship and maintains his undivided loyalties to the U.S. Clearance is granted.


Financial

09/12/2008

In the past five years, Applicant accrued eight delinquent debts in the approximate amount of $32,000. Although her Chapter 7 bankruptcy filing constitutes a good-faith effort to dispose of her debts, it is too soon to conclude whether her financial problems no longer pose a security concern. Clearance is denied.


Financial; Personal Conduct

09/12/2008

Applicant is a 44-year-old employee of a federal contractor. He mitigated his history of financial problems by initiating a good-faith effort to repay overdue creditors or otherwise resolve debts. The record evidence is insufficient to prove that Applicant gave deliberately false answers in response to questions on a security-clearance application. Clearance is granted.


Financial

09/12/2008

Applicant has a history of failing to meet her financial obligations due to periods of unemployment and underemployment. 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. She failed to mitigate security concerns regarding Guideline F (Financial Considerations). Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/12/2008

Appellant decided to invest in the real estate market in 2005. During the final closing on the properties, the seller reneged on certain financial promises. Applicant sought legal counsel, who advised Applicant that the seller had developed an elaborate scheme to sell Applicant properties at an inflated value. Applicant attempted to invalidate the sale and requested the mortgage lenders to work with him in resolving the problems. The mortgage lenders chose to foreclose on the properties. This decision seriously impacted Applicant's finances. Under state law, Applicant is not liable to the mortgage lenders for any deficiencies after the sale of property. He is negotiating a resolution to his unpaid credit cards. Applicant answered the financial questions on his security clearance application based on the information given to him by his attorneys regarding his liability for the mortgage debts. Applicant has mitigated the government's security concerns regarding his finances, his personal conduct and his criminal conduct. In light of my findings under Guideline E, the government did not establish its case under Guideline J. Clearance is granted.


Foreign Influence

09/12/2008

Applicant’s wife is a citizen of China and resides with him in the United States. His father, mother, and brother are citizens and residents of China, as are his father-in-law, mother-in-law, and sister-in-law. Applicant failed to mitigate security concerns arising under the Foreign Influence adjudicative guideline. Clearance is denied.


Criminal Conduct

09/12/2008

Applicant's history of criminal conduct created a security concern that he failed to mitigate. Clearance is denied.


Foreign Influence

09/12/2008

Applicant failed to mitigate security concerns regarding Guideline B (Foreign Influence) because of frequent, non-casual contacts with his mother, father-in-law and one brother, who live in the People’s Republic of China (PRC). Eligibility for a security clearance is denied.


Financial; Personal Conduct

09/12/2008

Applicant incurred four debts totaling $27,423. He has successfully resolved these debts after seeking financial counseling and establishing a viable payment plan accompanied by a credible budget. Applicant also failed to list financial delinquencies when completing his e-QIP. He produced convincing evidence that such omission was neither willful nor deliberate. Taken into account were the positive comments of his supervisor, performance evaluations, and the whole person concept. He successfully mitigated financial and personal conduct concerns. Clearance is granted.


Foreign Influence

09/12/2008

Applicant was born and educated in Iraq. He fled Iraq in 1996 and was granted asylum in the U.S. in February 1997. His father, mother, three sisters, and three of his five brothers are citizens and residents of Iraq. He married a native-born U.S. citizen in 2000, and he became a U.S. citizen in February 2006. He has held an interim clearance since December 2006 and has been deployed to Iraq as a linguist since August 2007. Clearance is granted.


Financial; Personal Conduct

09/12/2008

Applicant mitigated the trustworthiness concerns arising from his financial considerations. He failed to mitigate personal conduct concerns arising from his falsification of his public trust position application. Eligibility for a public trust position and access to sensitive information is denied.


Drugs

09/10/2008

Applicant used a variety of illegal drugs in college. He stopped abusing drugs in August 2007. His employer promised to randomly drug test Applicant on a monthly basis for a year. He no longer associates with his drug-using friends. He has committed to abstaining from using illegal drugs. Security concerns related to drug involvement are mitigated. Eligibility for a security clearance is granted.


Personal Conduct; Criminal Conduct

09/10/2008

Applicant committed criminal offenses when he was 17 and 18 years of age. They were dismissed when he completed probation. He failed to disclose them on his security clearance application because he thought disclosure was not required. He joined the U.S. Marines and served two combat tours in Iraq. Security concerns related to personal conduct and criminal conduct are mitigated. Eligibility for a security clearance is granted.


Financial

09/10/2008

Applicant is a 37-year-old employee of a federal contractor. She has a history of financial problems that she has done little to resolve. Clearance is denied.


Drugs; Personal Conduct

09/10/2008

Applicant used marijuana, cocaine, and crack cocaine. She abused drugs until 2004, when she successfully completed a 29-day in-patient drug treatment program. She subsequently received additional drug treatment and therapy at a halfway house. Security concerns pertaining to drug involvement are mitigated. However, she provided false information in 2006 on her security clearance application, when she denied her drug problems. Security concerns related to personal conduct are not mitigated. Eligibility for a security clearance is denied.


Foreign Influence

09/10/2008

Applicant has nine siblings that are citizens and residents of Nigeria. He established that he has minimal contact with his relatives in Nigeria and that their positions in Nigeria do not place him at a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercions. Clearance is granted.


Criminal Conduct; Alcohol

09/10/2008

Between 1987 and today, present, Applicant was thrice stopped by police and cited with driving offenses that including an alcohol-related charge. Only the 1987 incident resulted in an alcohol-related conviction. During a volatile marriage, in 1993 and in 2007, he was charged with misdemeanor battery against his wife. In the latter incident, his wife was found guilty of felony battery after stabbing Applicant in the back with an 8" blade; Applicant received a misdemeanor citation which has not been prosecuted. Examination of both the circumstances surrounding these incidents and of the whole person mitigate security concerns. Clearance is granted.


Financial

09/10/2008

Applicant owes delinquent student loan debt totaling about $27,640. Two payments of $150 each shortly after his interview with a government investigator in 2007 are not enough to mitigate the financial concerns. Clearance is denied.


Guideline C

09/10/2008

In 2001 Applicant applied for and received Mexican citizenship in order to purchase property in Mexico. Applicant applied for voting rights in Mexico in order to obtain an identification card proving Mexican citizenship. There is a paucity of mitigating evidence Favorable decision reversed.


Foreign Preference; Foreign Influence

09/10/2008

Applicant’s having held a Hong Kong passport and dual citizenship with the U.S. and Hong Kong raised Foreign Preference concerns. His family ties in Hong Kong and travel there raised Foreign Influence concerns. Applicant renounced his Hong Kong citizenship and surrendered his Hong Kong passport. His family ties and assets in the U.S. are significantly more substantial than those in Hong Kong. Applicant successfully mitigated security concerns raised after applying applicable mitigating conditions and the whole person concept. Clearance is granted.


Guideline F

09/10/2008

Applicant had a lengthy history of not meeting financial obligations including state and Federal taxes for multiple years. Adverse decision affirmed.


Guideline E; Guideline H

09/10/2008

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


Financial; Personal Conduct

09/10/2008

Applicant has a history of failing to meet his financial obligations, in part, because of his gambling problem. His evidence is insufficient to show that he has a track record of financial responsibility, or that his gambling problem is under control. He failed to mitigate security concerns regarding Guideline F (Financial Considerations) and Guideline E (Personal Conduct). Clearance is denied.


Mental; Criminal Conduct; Personal Conduct

09/10/2008

In February 2005, Applicant was diagnosed with major depressive disorder and generalized anxiety disorder. In July 2006, a security investigator attempted to schedule an interview with her. She perceived he was “preying” on her and threatened to kill him. In September 2007, she was diagnosed with a psychotic disorder not otherwise specified, major depressive disorder, and bipolar disorder. Clearance is denied.


Foreign Influence; Personal Conduct

09/09/2008

This 62-year-old translator has not mitigated the security concerns under the foreign influence and personal conduct guidelines. Applicant has three sisters who are citizens and residents of Iraq. He expressed fear about their safety in light of his work for the United States. He deliberately provided false information concerning the contact with his sisters in 2007 and did not correct the error when given an opportunity to do so. Clearance is denied.


Financial

09/09/2008

The bankruptcy court discharged Applicant's debts in 2002. Since this time he has incurred additional debts. He paid the two judgments, but all the remaining debts are unpaid. He has not provided any evidence that he has mitigated the government's security concerns regarding his finances. Clearance is denied.


Alcohol

09/09/2008

Since 1969, Applicant has had a history of alcohol-related problems, to include three arrests for DWI, the most recent occurring in 2006. Applicant admits to being "a functional alcoholic" but continues to drink alcohol. Insufficient information was provided to support mitigation of the security concerns raised under the alcohol consumption guideline. Clearance is denied.


Financial: Personal Conduct

09/09/2008

Applicant accumulated delinquent debts over a number of years associated with bad check charges, a divorce settlement complications, and problems with selling his former home in a falling real estate market. While he has been able to mitigate three of the debts through successful dispute and age, he has not been able to make any tangible headway with either his major credit card debt or mortgage default. Without a demonstration that he is addressing these two major debt issues (either individually or through some form of debt consolidation and/or debt restructuring/short sale), it is still too soon to determine whether he will be able to resolve and control his finances. Clearance is denied.


Foreign Influence

09/09/2008

Applicant was born in the People's Republic of China (PRC) and is a naturalized U.S. citizen, who has lived in the United States since 1998. Applicant's parents and siblings are citizens and residents of the PRC in the Xinjiang Uyghur Autonomous Region. He has substantially more connections to the United States than to the PRC. Applicant has rebutted or mitigated the government's security concerns under Guideline B, Foreign Influence. Clearance is granted.


Criminal Conduct; Alcohol

9/09/2008

Applicant's alcohol abuse has resulted in one DUI in 2006. While Applicant continues to consume alcohol, he does not consume alcohol to excess, nor does he drive after consuming any alcohol. His two other arrests were not alcohol related. Mitigation has been shown. Clearance is granted.


Security Violations; Personal Conduct

09/09/2008

Twenty-seven year old Applicant's March 2005 actions in driving an "unauthorized" individual onto a secured facility, allowing her to use a restroom adjacent to a classified laboratory, and falsifying his timecard to reflect he was working, notwithstanding an apparent informal policy of flexible work hours, have been mitigated by time (3 years before the hearing), subsequent training as a COMSEC Custodian, and his outstanding performance toward the discharge of his security responsibilities. Concerns as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial

09/09/2008

Applicant is a 52-year-old employee of a federal contractor. He mitigated his history of financial problems by his well-documented efforts to repay overdue creditors or otherwise resolve debts. Clearance is granted.


Financial, Personal Conduct

09/05/2008

Applicant owed about $28,000 to one creditor. The debt was in litigation. Applicant promised to pay the debt if he lost the litigation. The allegation that he falsified his security clearance application is unsubstantiated. Security concerns pertaining to personal conduct and financial considerations are mitigated. Eligibility for a security clearance is granted.


Foreign Influence

09/05/2008

Applicant's mother, two sisters, a brother, father-in-law, mother-in-law, brother-in-law, and several sisters-in-law are citizens and residents of Afghanistan. His wife's uncle is a citizen of Afghanistan residing in Pakistan. Applicant fled from Afghanistan in 1989, became a U.S. citizen in 1998, and has worked as a linguist for U.S. military forces since 2004, accompanying the U.S. forces in numerous classified combat operations. He held an interim clearance until November 2007 and gained a reputation for meticulous adherence to security procedures. Clearance is granted.


Personal Conduct, Financial

09/05/2008

Applicant is a 40-year-old employee for a defense contractor. He got behind in his mortgage payments and other debts when he was unemployed for a short period of time. Despite earning a good income he has not budgeted his money properly to pay his creditors. Due to his benevolent nature he has made choices to donate money for good causes, but to the detriment of paying his delinquent debts. He did not deliberately fail to divulge his delinquencies. Applicant mitigated the personal conduct security concerns, but failed to mitigate the financial considerations security concerns. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

09/05/2008

Applicant has state and federal tax liens pending against her for more than $11,000. Applicant has deliberately failed to file federal income tax returns since about tax year 2002. It appears Applicant, along with her spouse, is engaged in tax evasion. Clearance is denied.


Sexual Behavior; Personal Conduct

09/05/2008

Applicant's sexual misconduct-related arrests trigger sexual behavior and personal conduct security concerns. He has not engaged in any such conduct in the past five years. Since then, he has consulted with a therapist who concluded that the possibility of recurrence was minimal. Applicant has mitigated the security concerns. Clearance is granted.


Financial

09/05/2008

Applicant accumulated several delinquent debts after he retired from the Air Force and purchased a home in need of unanticipated repairs. He sought counseling, consolidated his debts, and documents addressing all of them. All but one of his debts he has paid in full, and he expects to satisfy the last one in early 2009. Applicant mitigates financial concerns. Clearance is granted.


Financial

09/05/2008

Between 2001 and 2007, Applicant incurred 15 delinquent accounts, an approximate total of $30,254. While periods of unemployment and underemployment complicated Applicant's financial situation, he continues to have financial problems after obtaining full-time employment. He resolved five of the accounts. However, 10 debts remain unresolved. Applicant's federal tax debt has increased to $31,000. It is unlikely that his financial problems will be resolved in the near future because his monthly expenses are more than his monthly income. He has not met his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

09/05/2008

Applicant filed a Chapter 13 bankruptcy in July 2007 with over $49,000 in debt. He made only the first two required payments. Eligibility for access to classified information is denied.


Drugs; Personal Conduct

09/05/2008

Applicant is a 34-year-old employee of a defense contractor. She mitigated the Drug Involvement security concerns but failed to mitigate the Personal Conduct concerns raised by her false answers in a Questionnaire for National Security Positions in 2006, and in her response to interrogatories in 2007. Clearance is denied.


Foreign Influence; Foreign Preference

09/05/2008

Applicant's close ties to his sister, who is a resident citizen of Iran raises foreign influence security concerns. These ties consist of maintaining close and frequent contact by personal and vicarious telephone contact and past visits. Applicant's possession of an Iranian passport and visits to Iran raised a foreign preference security concern. Applicant successfully mitigated foreign preference concerns primarily because his Iranian passport has long since expired. However, he was unable to mitigate lingering foreign influence concerns as a result of his sister residing in Iran. Clearance is denied.


Criminal Conduct

09/05/2008

Applicant is a 41-year-old employee of a federal contractor. His has a history of criminal conduct based on four separate incidents during the period 1990 2005. The most recent incident in 2005 was resolved in June 2007 when the domestic violence charges against Applicant were dismissed after he completed a diversion program. It is too soon to tell if Applicant can establish a long-term record as a law-abiding citizen. Applicant did not present a sufficient case in reform and rehabilitation to mitigate the criminal conduct security concerns. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

09/05/2008

Applicant and his wife filed their first Chapter 13 bankruptcy petition in 1995, which the court dismissed two years later. Five days later, they filed their second Chapter 13 bankruptcy. The court discharged their debts in 1999. One year later, they filed a second Chapter 13 bankruptcy petition in 2000, which changed to a Chapter 7 filing in 2001. The court again discharged their debts in 2001. They have filed three more Chapter 13 Bankruptcy petitions, all of which have been dismissed, two for noncompliance with the repayment plan. Despite all their bankruptcy filings, Applicant and his wife still have significant unpaid debts, which include federal and state tax liens. Applicant has not mitigated the government's security concerns about his finances. Applicant did not intentionally falsify his answer to interrogatories; thus, the government has not established its case under Guideline E. In light of this finding, Guideline J is not established. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

09/04/2008

Applicant used marijuana for many years, especially while holding a security clearance. Additionally, Applicant’s credibility, trustworthiness, and judgement are extremely suspect, as he has not been truthful or candid with information that he furnished to the United States Government on a Security Clearance Application (SCA) or in a statement provided to a Government investigator. Mitigation has not been shown. Clearance is denied.


Financial

08/29/2008

Applicant's financial irresponsibility over the last four years is successfully outweighed by the incremental steps he has taken to restore control over his financial house. Settling with two of the three creditors, and establishing a payment plan with the third provides sufficient justification to find Applicant security worthy. Eligibility for access to classified information is denied.


Drugs

08/29/2008

Applicant is 22 years old college student and employee of a federal contractor. He used and purchased marijuana from 2004 to 2007 at various times. When interviewed he had not decided whether he would use marijuana in the future. In December 2007 or January 2008 he decided to no longer use marijuana as it was inconsistent with his career goals. Not enough time has passed to conclude Applicant’s drug use is unlikely to recur and his commitment to abstention is permanent. Clearance is denied.


Foreign Preference

08/29/2008

Applicant, a native of Mexico, re-applied for Mexican citizenship in 2003, 10 years after becoming a naturalized U.S. citizen, to facilitate the purchase of a home in Mexico, which he currently owns. He voted in the 2006 Mexican presidential election. These issues generate a foreign preference security concern which he did not mitigate. Clearance is denied.


Alcohol

08/29/2008

Applicant's demonstrated alcohol abuse, diagnosis as alcohol dependent, and failure to abstain from alcohol in the fact of that diagnosis render her an unsuitable candidate to continue access to classified information. Clearance denied.


Personal Conduct, Drugs

08/29/2008

Applicant failed to mitigate security concerns arising from recent marijuana use and his failure to report that use on his security clearance application. Clearance is denied.


Alcohol; Drugs

08/29/2008

In light of applicant's alcohol abuse history, his approximately 15 months of abstinence is insufficient to conclude he is unlikely to abuse alcohol in the future. Clearance is denied.


Financial

08/29/2008

Applicant has well over 20 long-standing delinquent debts that she ignored until after she received the SOR. Clearance is denied.


Financial

08/29/2008

Financial considerations concerns were identified during renewal of Applicant’s security clearance. At the time Applicant’s SOR was issued, fourteen unpaid or unresolved debts were identified totaling approximately $14,000. Applicant’s financial difficulties stemmed from going through a divorce, underemployment, and her former husband failing to provide child support. Applicant now has a better paying job and her former husband is paying child support. She sought financial counseling, has paid or resolved all of her debts, and reestablished financial stability. Clearance is granted.


Alcohol

08/29/2008

Applicant's DUI arrests in 2006 and 1984, and his history of excessive alcohol consumption generate a security concern. He has been sober for more than two years, completed the court-ordered requirements stemming from the 2006 DUI, and is an active participant in his local Alcoholic's Anonymous (AA) chapter, attending meetings up to six times per week, and coordinating various AA-related social activities. He has mitigated the security concern. Clearance is granted.


Financial

08/29/2008

Applicant is a 36-year-old employee of a defense contractor. He has a substantial amount of delinquent debts, including unpaid judgments and back child support. The only payments have come from garnishments and seizure of his income tax refunds. He did not submit sufficient evidence to mitigate the security concerns raised by his financial history. Clearance is denied.


Personal Conduct; Criminal Conduct; Drugs

08/29/2008

Applicant provided materially false answers in his October 2006 security clearance application regarding past employment history, significant past drug use, and home foreclosure. When queried about his false answers during an investigative interview in November 2006, he again lied about his past employment history and past drug use, but did provide truthful responses regarding his home foreclosure. It was not until he was interviewed again in April 2007 that he provided truthful answers. Applicant was unable to mitigate security concerns raised. Clearance is denied.


Financial

08/29/2008

Applicant received a Chapter 7 bankruptcy discharge in March 2002. After receiving his discharge, he accumulated 16 additional delinquent debts, which are unresolved. Clearance is denied.


Financial

08/29/2008

This 51-year-old employee has not mitigated the security concerns under the financial considerations guideline. Applicant's wife handled financial affairs during their 32 year marriage. Applicant and wife filed joint tax returns during this time and owed taxes. She and Applicant also had credit card debt. Although Applicant's wife has paid some of the 2002-2003 back taxes to the IRS, they have two federal liens in the amount of approximately $32,000 that have not been satisfied. They have not resolved the majority of their other debts. Applicant did not mitigate the security concerns under the financial considerations guideline. Clearance is denied.


Foreign Preference, Foreign Influence

08/29/2008

Applicant left his native Palestine and came to the United States in 1979. He attended college and obtained advanced degrees. He became a U.S. citizen in 1996. After becoming a U.S. citizen, he obtained a Palestinian passport that he used to return to Palestine in 1997, 2000, 2005, and 2006. In January 2008, the passport expired and he will not renew it. He has close relationships with his three sisters and father, who are residents and citizens of Palestine. His mother-in-law, with whom he also has a close relationship, is a resident citizen of Jordan. He intends to visit his family periodically in the future. He mitigated the foreign preference concerns, but did not mitigate the foreign influence concerns raised by his family, residing in Palestine and Jordan. Clearance is denied.


Financial

08/29/2008

Applicant has a history of failing to meet his financial obligations. As of the date of the hearing, he had 12 accounts, owing approximately $13,602 most of which had been delinquent for many years. His evidence is insufficient to show that he has a track record of financial responsibility. He failed to mitigate security concerns regarding Guideline F (Financial Considerations). Clearance is denied.


Foreign Influence

08/29/2008

Applicant, a person of Afghan descent who emigrated to the U.S. in 1989, failed to mitigate allegations relating security concerns relating to his father, his wife's parents, and other relatives living in Afghanistan. He desires to return to Afghanistan to work as a translator for U.S. military serving there. While his motivation was praiseworthy, the extent of the family members still living there, as well as some exaggerations to investigators concerning his contacts in the country, prompts a decision to deny access to classified information. Clearance is denied.


Foreign Preference

08/29/2008

Applicant is a dual citizen of Australia and the U.S. He maintains an active Australian passport and uses it when he travels there. He is unwilling to renounce his Australian citizenship and would serve in their military service if required to do so because of his citizenship status. Applicant failed to mitigate the security concerns under Guideline C, Foreign Preference. Clearance is denied.


Guideline F

08/29/2008

Applicant has numerous delinquent debts arising from a relationship with a man she never married. Given the on going nature of the debts the Judge's application of Mitigating Condition (MC) 20(a) was misplaced. The application of MC 20(b) is also not justified given Applicant's demonstrated capacity pay debt. There is no record evidence that supports the application of MC 20(c). MC20 (e) only applies to two debts. Favorable decision remanded.


Guideline F

08/29/2008

Applicant has numerous delinquent debts totaling $64,000. The Judge has drawn a rational connection between the facts found and his ultimate unfavorable decision. Adverse decision reversed.


Financial

08/29/2008

In 2002, Applicant's debts were discharged in a Chapter 7 Bankruptcy. He currently owes over $25,000 in delinquent debts. He failed to establish a track record of financial responsibility. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Personal Conduct; Criminal Conduct

08/29/2008

In subsequent interviews, Applicant gave answers regarding dates and frequency of past drug use which were at variance with her security clearance applications. The evidence showed she had regular difficulty recalling dates, names, and events regarding even immaterial matters. It also showed she regularly answered such questions tentatively, often citing to time frames in relation to other events. Consequently, the presumption her inconsistencies established falsity failed. Lacking an intent to falsify or mislead, personal and criminal conduct security concerns were mitigated. Clearance is granted.


Foreign Influence; Personal Conduct; Financial

08/29/2008

Applicant has not fully mitigated the foreign influence concerns that exist because of his and his spouse's close relationships with family members in Albania and his ownership of property in Albania worth in excess of $1 million. Personal conduct concerns are not mitigated by inconsistent statements that reflect adversely on his credibility. Financial concerns persist because Applicant has done little to resolve his delinquent debts. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

08/29/2008

Applicant has an extensive teenage history of alcohol and illegal drug use and related problems. Applicant has failed to rebut or mitigate the government's security concerns under alcohol consumption and drug involvement. She did rebut or mitigate the personal conduct and criminal conduct concerns. Clearance is denied.


Criminal Conduct, Personal Conduct

08/29/2008

Applicant was convicted of felony marijuana possession in 1994 and DUI in 2002. He was not honest about his criminal history when he completed his security clearance application in 2005. Criminal conduct and personal conduct security concerns are not mitigated. Eligibility for a security clearance is denied.


Financial; Personal Conduct; Criminal Conduct

08/29/2008

Applicant has a lengthy history and substantial amount of delinquent debt that he cannot repay. He falsified his Trustworthiness Application concerning these debts. Eligibility for access to sensitive information is denied.


Drugs

08/28/2008

Applicant used marijuana more than once a month from September 2000 to June 2007. She also used cocaine and ecstacy 10 or fewer times and purchased marijuana four or five times for use with her friends during the same period. She has not used or otherwise been involved with illegal drugs for 14 months and has severed her associations with friends with whom she used drugs. However, in light of the frequency and length of her drug involvement, her current period of abstinence and changed circumstances is insufficient at this time to mitigate the security concerns about her suitability for access to classified information. Clearance is denied.


Financial

08/28/2008

Financial considerations concerns were identified during renewal of Applicant's security clearance. At the time Applicant's SOR was issued, fourteen unpaid or unresolved debts were identified. Applicant's financial difficulties stemmed from providing financial assistance to her sister during a family medical emergency. Applicant's good will resulted in her falling behind on her own financial obligations. Applicant has since paid or resolved all of her debts, sought financial counseling, and reestablished financial stability. Clearance is granted.


Foreign Influence; Foreign Preference

08/28/2008

Applicant, a dual citizen of the U.S. and Turkey, has possessed and used a Turkish identification card since becoming a U.S. citizen in 1995. Also, she owns property and has a bank account in Turkey, which amount to approximately 15% of her net worth. Her current and ongoing ties to Turkey the active exercise of dual citizenship and her property and financial interests in Turkey are not clearly consistent with the national interest of the U.S. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct;

08/28/2008

Even though Applicant's deliberate omission of material drug information occurred in May 2003, he has presented negligible mitigating evidence to find the guideline in his favor. Applicant also has a significant history of regular drug abuse over a seven-year period. His deliberate attempt to hide his drug use on at least two occasions undercuts the credibility of his claims of having quit all drug use in October 2005. Eligibility for access to classified information is denied.


Drugs

08/28/2008

Applicant is a 39-year-old employee of a defense contractor. He smoked marijuana and used other drugs periodically until June 2006. He quit using drugs, obtained a good job, moved away from his friends and associates that used drugs, and went back to school. Applicant has mitigated the security concerns arising from his drug use. Clearance is granted.


Guideline J; Guideline E

08/28/2008

The Judge's favorable decision under Guideline J is predicated on her finding that Applicant's breaking of another person's vehicle window was an accident despite contrary record evidence. Similarly, the Judge's decision accepts Applicant's claim that he exited a highway unaware that the authorities were pursuing him. Contrary record evidence shows that he had accelerated to a speed of 140 miles per hour. Favorable decision reversed.


Financial

08/28/2008

Applicant had personal information compromised while separated from his ex- wife. Accounts and charges of dubious origin followed. Ultimately two judgments and a utility bill were noted adversely on his credit report, although Applicant has continued to dispute them as the result of fraud. The facts show Applicant was not apprised of the judgments entered against him while he was on active duty and that a utility bill has no nexus to his home. Applicant mitigated security concerns. Clearance is granted.


Personal Conduct

08/28/2008

Applicant is 40 years old, divorced and has no children. He works for a defense contractor. Applicant made a false statement about a delinquent debt in answering the original SOR regarding his financial situation. He was administratively discharged from the U.S. Army in 2000 after a psychological examination because of questions regarding his judgment and reliability in handling classified information. Applicant's failure to mitigate his personal conduct raises security concerns. This case was remanded by the DOHA Appeal Board. Clearance is denied.


Financial

08/26/2008

Applicant owes more than $30,000 on 43 past due and delinquent accounts. Although she has brought her monthly car payments current the majority remain outstanding. Applicant has not successfully mitigated financial considerations concerns. Clearance is denied.


Financial; Personal Conduct

08/26/2008

Applicant's 15 delinquent accounts, totaling approximately $12,634 raised concerns under financial considerations. Her intentional omission of her delinquent accounts on her security clearance application raised security concerns under personal conduct. Applicant has failed to meet her burden of proof to mitigate the concerns raised under financial considerations and personal conduct. Clearance is denied.


Financial; Personal Conduct

08/26/2008

Applicant is a 32-year-old employee of a defense contractor. He has 14 delinquent debts totaling approximately $17,800. He did not falsify a Questionnaire for National Security Positions, but did not submit sufficient evidence to mitigate the security concerns raised by his financial history. Clearance is denied.


Financial

08/26/2008

Applicant failed to mitigate financial consideration allegations by failure to resolve or take steps to resolve $9,000 in alleged delinquent debts for laptop computers which had been traded or turned in to suppliers. She also failed to resolve a credit card debt for over $2,000 incurred for a cruise in 2004. She mitigated delinquent student loan debts of $121,000 by agreement to pay $620 a month for six months to be re-calculated at the end of the period. Clearance is denied.


Financial

08/26/2008

Applicant failed to mitigated financial allegations by failure to resolve $139,000 in alleged delinquent debts for mortgages on three residential properties occupied by HUD Section 8 low income tenants. The properties were purchased in 2005 for $1,000 down on each with the seller contributing $10,000 to facilitate the purchase. He realized in 2006 that the appraisals were inflated and the operation was a fraudulent scheme to sell inflated to mortgages to third parties. When two of the properties were condemned in 2006, Applicant had insufficient rental income and he defaulted on mortgage payments. He wrote a letter to the state attorney general but did very little else to resolve the situation until after the hearing. Applicant is still legally responsible for the debts to the current holder of the mortgage. Clearance is denied.


Foreign Influence; Foreign Preference; Financial Considerations; Personal

08/26/2008

Applicant is a village chief in Nigeria. He travels to Nigeria twice a year to fulfill his village duties and does not wish to renounce his Nigerian citizenship for it might interfere with his travel to Nigeria. Applicant's wife, mother, and the majority of his siblings and step-siblings are citizens and residents of Nigeria. Additionally, he had 26 past due and delinquent accounts totaling more than $35,000. Applicant's personal conduct is not of security concern. However, Applicant has failed to mitigate the foreign influence, foreign preference, and financial consideration security concerns. Clearance is denied.


Financial

08/26/2008

Applicant has not mitigated the financial considerations security concern under the guideline. She has delinquent debts totaling approximately $55,000. Applicant has not received counseling or attempted a debt repayment plan. Although her 2003 divorce and periods of unemployment precipitated the initial debts, Applicant has not met her burden in this case to produce mitigation. Clearance is denied.


Foreign Influence; Foreign Preference.

08/26/2008

Before becoming a U.S. citizen, Applicant served 18 years in the Egyptian Army and retired as a colonel. He receives military retirement pay from Egypt, which he would forfeit if he relinquished his Egyptian citizenship. His spouse is a dual citizen of Egypt and Canada, residing with him in the U.S., His two sisters and their families are citizens and residents of Egypt. Security concerns based on foreign influence are mitigated, but security concerns based on foreign preference are not mitigated. Clearance is denied.


Financial

08/26/2008

Applicant has a sole unresolved credit card bill as a result of a failed business in 2001. This debt increased from $18,465 in 2001 to $53,000 in 2008 as a result of interest and penalties. Applicant has made numerous documented efforts to resolve this debt and most recently has hired an attorney for the sole purpose of doing same. Apart from this debt, Applicant's finances are in order. His efforts demonstrate he has made a good faith effort to pay or otherwise resolve this debt, and that he has acted responsibly under the circumstances. He has successfully mitigated the Government's financial considerations concern. Clearance is granted.


Financial

08/26/2008

Applicant has a history of failing to meet his financial obligations. As of the date of the hearing, he had 11 accounts, owing approximately $95,700 all of which had been delinquent for many years. His evidence is insufficient to show that he has a track record of financial responsibility. He failed to mitigate security concerns regarding Guideline F (Financial Considerations). Clearance is denied.


Foreign Influence

08/26/2008

Applicant has five relatives who are citizens and residents of the Peoples Republic of China (PRC). Though Applicant has some ties to the United States (U.S.), given the authoritarian government of the PRC, characterized by espionage activities along with a comprehensive intelligence gathering network concentrated on U.S. citizens, Applicant has failed to mitigate the security concerns of foreign influence. Eligibility of access to classified information is denied.


Financial; Criminal Conduct

08/26/2008

Applicant has substantial delinquent debt that he cannot afford to repay. His 25- year criminal history includes burglary, assault, and driving offenses, most recently in 2005, and he remains on probation. Eligibility for access to classified information is denied.


Drugs; Personal Conduct; Criminal Conduct

08/26/2008

Applicant used marijuana from about 1997 to 2000, used ecstasy once in 2001, and used illegal steroids from March 2002 to May 2006, while holding a security clearance. He stopped using steroids because of health concerns. He did not fully disclose his drug use on two security clearance applications and during several interviews by security investigators. Security concerns based on drug involvement are mitigated, but security concerns based on personal conduct and criminal conduct are not mitigated. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

08/26/2008

Applicant committed a DUI in 2002, and was convicted of a lesser offense after completing a pretrial diversion agreement and alcohol treatment. He falsely reported identity theft in 2005 to avoid a phone bill, and ran away from the scene of a minor accident in 2006. He deliberately omitted being charged with the false reporting offense on his clearance application. Eligibility for access to classified information is denied.


Financial

08/26/2008

Applicant incurred 20 debts totaling $58,040. Apart from her monthly payments to the Internal Revenue Service for back taxes and repayment of a late $75 car loan, her plan to resolve her remaining debts is to file Chapter 7 Bankruptcy. As of the hearing date, she had not completed payment of her retainer fee to the law firm handling her bankruptcy. Hence, the majority of her debts remain unpaid or unresolved. Applicant's evidence failed to mitigate financial considerations raised. Clearance is denied.


Alcohol

08/26/2008

Applicant has an extended period of recurrent alcohol-related incidents away from work and no professional evaluations of any kind to gauge the strength of his committed abstinence. With only two years of sustained sobriety and still active probation status restricted driving status associated with his last DuI conviction, it is still too soon to make safe predictions about his ability to avoid recurrent alcohol abuse. Applicant is not able to mitigate alcohol concerns. Clearance is denied.


Financial

08/26/2008

Applicant is a 36-year-old employee of a defense contractor. He filed Chapter 13 bankruptcy in 1997, which was dismissed for default in plan payments in 2000. He filed Chapter 13 bankruptcy again in November 2007. He made about three or four payments on the plan and then stopped paying in about January or February 2008. He has made no payments on his mortgage or delinquent debts since the last payment to the Chapter 13 plan. Applicant did not mitigate the security concerns raised by his financial history. Clearance is denied.


Financial, Personal Conduct

08/26/2008

Applicant failed to mitigate security concerns arising from his unresolved delinquent debts and his deliberate concealment of his financial delinquencies on his security clearance application. Clearance is denied.


Guideline F

08/26/2008

A Judge's failure to discuss a significant aspect of a case that reasonably could be expected to be taken into account raises a serious question as to whether the Judge forgot that aspect, ignored it, failed to appreciate its significance, or engaged in arbitrary or capricious analysis. The $100,000 personal loan is important because of its size and nature and the fact that Applicant had been unable to make payments on it since November 2007 and would not be able to make payments at least until later in 2008. The debt is significant because Applicant cannot identify what he did with the proceeds of the loan. The money was borrowed between 2002 and 2007. Applicant can only attribute its use to financial bleeding. There is no evidence that it has been used to satisfy the delinquencies in the SOR. This calls into question Applicant's ability to live within his means, satisfy debts, and meet financial obligations. The record does not support the Judge's application of MC 20(a). While Applicant testified about his financial difficulties in 2002, he did not demonstrate that the delinquencies in the SOR were from that period. Three of the delinquencies arose from his purchase of a larger home in 2005, which Applicant now says was not a wise choice. The record does not support a conclusion that Applicant's debts are under control or that he has made a good-faith effort to pay them off. The Judge apparently gave considerable weight to Applicant's plan for paying off his debts after his wife has finished training and gets a new job. The Board has indicated that promises to pay off delinquent debts in the future are not a substitute for a track record of paying debts in a timely manner and otherwise acting in a financially responsible manner. The Judge's whole-person analysis fails to consider important aspects of the case that reasonably should have been addressed. Most notably, Applicant borrowed more than $100,000 in personal loans from a friend between 2002 and 2007, and cannot explain how he expended these proceeds or why he needed to borrow such a large amount.


Foreign Influence

08/26/2008

Applicant is a U.S. naturalized citizen and is a citizen of Iran solely by virtue of his birth and his parents' birth in the country. He has immediate and extended family members who are citizens and residents of Iran, and he has used his Iranian passport in the past to travel to Iran to see his family. Considering his close family ties and heightened risks presented by Iran, Applicant and his family remain potentially vulnerable to pressure or coercion, and associated foreign influence concerns. He fails to mitigate security risks under the foreign influence guideline. Clearance is denied.


Financial

08/26/2008

Applicant owed over $47,000 in delinquent federal taxes for tax years 1989 to 1991 and 1993 to 1994. In 2007, the IRS released these debts without any payments. She has other currently unresolved tax issues, and an unresolved judgment based on her breach of a rental contract. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Guideline B; Guideline C

08/26/2008

The Judge noted Applicant's ties to the U.S. and his employment. The Judge also took into account his strong ties to his Taiwanese family members, his voluntary trips to visit them, and a paucity of record evidence concerning the relative strength of his obligations to the U.S. and his obligations to his family members in Taiwan. Balancing evidence of the disqualifying and mitigating conditions, the Judge concluded that Applicant had not met his burden of persuasion as to mitigation. Applicant submitted new evidence in support of his appeal. The Board cannot consider new evidence in performing appellate review. The Judge's material findings of security concern are based upon substantial record evidence To the extent that the Judge's findings may contain error, such error is harmless in that it would not likely affect the outcome of the case


Foreign Preference; Foreign Connections; Personal Conduct

08/26/2008

ADP case. The Applicant is a naturalized American citizen from Egypt. She did not use her expired Egyptian passport in preference to her American passport for travel to Egypt. Her children were born Lebanese, but have no connections to Lebanon whatsoever. She has sporadic contact with her brother, her only relative in Egypt. The allegations concerning her personal conduct are without foundation. Access to sensitive personal information is granted.


Guideline E; Guideline D; Guideline J

08/22/2008

The Judge's findings are based on substantial evidence or constitute reasonable characterizations or inferences. Applicant has not demonstrated that the Judge erred. Adverse decision affirmed.


Financial

08/22/2008

The Applicant suffered five years of unemployment, underemployment and erratic income between 2000 and 2005. This occurred after his successful small business failed in 2000, due to no fault of the Applicant. He has been working to resolve his debts since 2005. All are paid except a Federal tax lien, and the IRS is fully informed about the Applicant's situation and is not pursuing collection. Sufficient mitigation is shown. Clearance is granted.


Guideline B

08/22/2008

The Board concludes the Judge acted reasonably in granting Department Counsel motion to amend the SOR in light of the good cause shown. DOHA proceedings are conducted before impartial professional fact-finders and there is less concern about prejudicial effect of certain evidence than there is in proceeding conducted before a lay jury. Administrative notice or official notice are broader than judicial notice. Adverse decision affirmed


Financial

08/21/2008

Applicant reached an agreement with the creditor and has begun repaying an old delinquent student loan debt. Clearance is granted.


Financial

08/20/2008

Applicant incurred seven debts exceeding $17,000. Her December 2005 Chapter 13 Bankruptcy repayment plan was dismissed in February' 2007 for failure to make monthly payments, and her home went into foreclosure in March 2008. With the exception of two debts, Applicant did not submit documentation the remaining five debts have been paid, or otherwise resolved. Applicant has not mitigated financial considerations concerns. Clearance is denied.


Financial; Personal Conduct

08/20/2008

Applicant has 34 delinquent debts, one of which is a federal tax lien for $35,000. She has not provided any information that she has paid or resolved any of the debts. She intentionally failed to divulge her delinquent debts or tax lien on her security clearance application. Her explanations were not credible. Applicant failed to mitigate the security concerns raised under Guideline F, Financial Considerations and Guideline E, Personal Conduct. Clearance is denied.


Foreign Preference

08/20/2008

Applicant has not mitigated the foreign preference concerns that exist because of her possession and/or use of two foreign passports after she became a United States citizen. Clearance is denied.


Financial; Personal Conduct

08/20/2008

Applicant incurred five delinquent accounts, a total approximate balance of $43,393 which raised concerns under financial considerations. While he is current on his child support payments, he has not met his burden of proof to mitigate the concerns pertaining to the other four debts due to his lack of action towards resolving these accounts. Applicant failed to provide a sufficient explanation for omitting two delinquent accounts on his personnel security questionnaire in response to questions 28(a) and 28(b). Applicant did not mitigate the concerns raised under financial considerations and personal conduct. Clearance is denied.


Drug

08/20/2008

Applicant experimented with the use of marijuana four times from 2005 until 2007. He last used marijuana in May 2007, and tested positive for marijuana when tested by his new employer in June 2007. Applicant stated his intention is to not use marijuana in the future and to be randomly tested by his employer. However, he presented no information of a change in social environment, friends, or circumstances that show his commitment to abstinence. He failed to present sufficient information to mitigate the security concern for drug involvement. Security clearance is denied.


Foreign Influence

08/20/2008

The Applicant is a 38 year old Electrical Engineer for a defense contracting company. He has close and continuing foreign contacts, that include his mother, father, mother-in-law and father-in-law in Bangladesh. He and/or his wife, who is also from Bangladesh could be subject to pressure, coercion or black mail. Clearance is denied.


Financial

08/20/2008

Applicant did not pay his taxes from the late 1990s to approximately 2005. The total amount of federal and state taxes that he owes is more than $26,000.00. Applicant exercised good judgment by beginning to repay his taxes. However, a recent W-2 form indicates he is still inflating his state exemptions, a practice that resulted in his past federal and state tax problems. The financial guideline is resolved against him. Eligibility for access to classified information is denied.


Financial

08/20/2008

This 53-year-old employee has mitigated the security concerns under the financial considerations guideline. Applicant and his wife filed bankruptcy in 1999 under Chapter 7 and Chapter 13. Applicant's wife's day school operation failed in 1999. Applicant has paid a federal tax lien and has a Release dated June 27, 2008. He is paying the state tax liens. Applicant served in the military and private defense industry for 40 years and has held a top secret clearance without incident. He has mitigated the financial considerations security concern under the whole person. Clearance is granted.


Financial; Personal Conduct

08/20/2008

Applicant has two delinquent debts and two unpaid tax liens totaling in excess of $16,000. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations, and Guideline E, personal conduct. Clearance is denied.


Financial

08/20/2008

The Applicant suffered two years of unemployment, underemployment and medical problems between 2000 and 2002. After he was gainfully employed in 2002 it took three years for him to get to the point financially where he can begin to pay off his debts. He has been working with a debt resolution company since 2005 to do that. Sufficient mitigation is shown. Clearance is granted.


Personal Conduct

08/20/2008

The Applicant is a 60 year old Security Guard for a defense contracting company. Without ill intentions, the Applicant enrolled his girlfriend, (with whom he cohabitated with and financially supported), onto his medical benefit plan by claiming she was his wife under the mistaken belief that they had a common law marriage. Upon learning of his mistake, he immediately legally married her. Clearance is granted.


Criminal; Drugs; Personal Conduct; Financial

08/20/2008

The Applicant is a 43 year old Warehouse Specialist for a defense contracting company. He has a long criminal record beginning in 1983 and continuing until September 2000, that include twelve arrests, nine that are drug related offenses. He intentionally concealed material information on his security clearance application concerning his arrest history. He has mitigated his drug involvement and financial considerations. Sufficient mitigation has not been shown concerning his criminal history and his personal conduct. Clearance is denied.


Foreign Influence

08/20/2008

Applicant was born in Iraq and came to live in the United States in 1982. His three brothers and two sisters are citizens and residents of Iraq. He volunteered to serve as an interpreter and cultural expert in support of U.S. forces in Iraq. His service there, with an interim clearance, has been superior and performed at great personal risk. Clearance is granted.


Alcohol; Criminal Conduct; Financial

08/20/2008

Applicant was convicted of committing alcohol-related vehicular homicide after a one-car accident in February 2002 in which his passenger was killed. He served 24 months in prison. He established that this was a one-time incident completely out of character, and from which he is rehabilitated. The Army mishandled his administrative separation and erroneously overpaid him more than $35,000. He legitimately disputed this, and one other reportedly-delinquent debt, and resolved both. Eligibility for access to classified information is granted.


Financial; Personal Conduct; Criminal Conduct

08/20/2008

Applicant has accumulated a significant amount of delinquent debt since 2001 that she has not paid, resolved or made a good faith effort to resolve. She failed to mitigate the security concerns raised under Guideline F. She deliberately falsified her Security Clearance Application concerning these debts, which constituted a violation of federal law. She failed to mitigate the security concerns raised under Guidelines F, E and J. Clearance is denied.


Financial

08/20/2008

Applicant filed bankruptcy in 2000 when his truck repair business failed. Since this date, he has managed his personal finances prudently. In 2002, he rented a small house he owned to his stepson with the understanding his stepson would pay the mortgage. He learned that his stepson had not paid the mortgage when the bank foreclosed. The VA paid the mortgage balance. Applicant directed a time share company to sell his interest as the company had breached its contract with him. He is still disputing this debt. Applicant has mitigated the government's security concerns under Guidelines F. Clearance is granted.


Foreign Influence

08/20/2008

Applicant was born in Iraq and came to live in the United States in 1998. He became a U.S. citizen in 2005. His three siblings are citizens and residents of Iraq. He volunteered to serve as an interpreter and agricultural expert in support of U.S. forces in Iraq. While he was in Iraq, his brother received a death threat related to Applicant's presence. It was an isolated instance and immediately handled by Applicant's commander. His service there, with an interim clearance, has been superior and performed at great personal risk. He has strong connections to the United States. He mitigated the Foreign Influence security concerns. Clearance is granted.


Financial

08/20/2008

Applicant accumulated delinquent debts over a number of years due to a broken relationship with a boyfriend she relied on financially and subsequent medical issues. While she has been able to satisfy several of her listed debts, she has not been able to satisfy a major deficiency judgment, has just initiated a modest payment arrangement with another major creditor, and still must rely on her daughter to help her with her car payments. While Applicant has made some recent headway in addressing her debts, it is still too soon to determine whether she will be able to resolve and control her finances. Clearance is denied.


Financial

08/20/2008

Applicant is responsible for 18 unresolved financial delinquencies totaling approximately $19,955. He lacks a coherent plan to resolve his debts, and he has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Alcohol; Personal Conduct

08/20/2008

Applicant mitigated the alcohol consumption concerns raised by his alcohol- related incidents and the personal conduct concerns raised by his inadvertent omission of one of his four alcohol-related arrests. Clearance is granted.


Foreign Influence

08/14/2008

Applicant's relationship with his mother and in-laws, all of whom are citizens and residents of the People's Republic of China, render him an unacceptable security risk. Clearance is denied.


Financial; Personal Conduct

08/14/2008

Applicant is 52 years old, and has four children. He is married, but separated, pending a divorce. He has eight delinquent debts which he has not repaid. They total $28,410. He failed to disclose his financial situation on his security clearance application. Applicant did not mitigate the financial considerations and personal conduct security concerns. Clearance is denied.


Foreign Influence

08/14/2008

The Applicant is a 59 year old Translator or Interpreter for a defense contracting company. He has family members, that include five brothers and two sisters who are residents and citizens of Afghanistan. He also has two brothers-in-law and two sister's- in-law who are citizens of Afghanistan that reside in Pakistan. The Applicant has contacts with Afghanistan and Pakistan which creates a heightened risk. However, he is not close to his family members in Afghanistan or his in-laws in Pakistan. Considering all of the circumstances of the case, specifically the dangerous nature of the Applicant's work and its value to the United States, there is no possibility of foreign influence that could result in the compromise of classified information. Sufficient mitigation has been shown. Clearance is granted.


Financial

08/14/2008

After a 1999 bankruptcy discharge, Applicant established a history of failing to meet her financial obligations. As of the date of the hearing, she had 9 accounts, owing approximately $66,000, seven of 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. She failed to mitigate security concerns regarding Guideline F (Financial Considerations). Clearance is denied.


Financial

08/14/2008

Applicant incurred seven delinquent accounts with a total approximate balance of $22,991. He refused to pay most of the accounts even though they were in his name because he believed his ex-girlfriend was responsible for the debts. He realized he was using poor judgment and has taken steps to resolve the accounts through a debt consolidation company. He has consistently made payments to the plan over the last nine months. Two of the accounts are resolved. His budget indicates that he is not living above his means and is capable of meeting his financial obligations. He has demonstrated a good faith effort to resolve his delinquent accounts. Clearance is granted.


Foreign Influence, Foreign Preference

08/14/2008

Fifty-eight-year-old Applicant is a Ukrainian-born, naturalized U.S. citizen, who has lived in the United States since 1994. She has substantially more connections to the U.S. than to Russia or Ukraine. Her mother is an ethnic Russian citizen of Ukraine, who has been approved for immigration into the U.S., and her two sisters-in- law are citizens and residents of Russia. Applicant's "closest family," her husband and their two children, reside in the U.S., as does her husband's son and grandson. The families of her two sisters-in-law also reside in the U.S. Upon learning of the security significance of maintaining her Russian passport, Applicant surrendered it to her employer's security department and it was destroyed by burning. Ukraine, a rapidly developing multi-party democracy and applicant for NATO membership, is not known for industrial or economic espionage. Because of Russia's continuing efforts at economic espionage, there are enhanced security concerns, but those concerns have been addressed. Concerns as to her security eligibility and suitability have been satisfied. Clearance is granted.


Financial; Personal Conduct

08/13/2008

Applicant incurred 11 delinquent accounts between 1999 and 2004 which raised concerns under financial considerations. She has not met her burden of proof to mitigate the concerns due to her lack of action towards resolving these accounts. She did not intentionally omit her financial delinquencies on her security clearance application and on an application for a position of public trust. I find for Applicant under the personal conduct concern. However, she has not demonstrated a good faith effort to resolve her delinquent accounts. Clearance is denied.


Foreign Influence; Foreign Preference

08/13/2008

Applicant is a Taiwanese born naturalized U.S. citizen. She has lived in the U.S. since 1998, is married to a U.S. citizen, and has two U.S. born children. She and her husband own a business and have substantial assets in the U.S. She has voided her Taiwanese passport and is willing to renounce her citizenship to Taiwan. Although her mother and siblings live in Taiwan, due to her strong ties to the U.S., she can be expected to resolve any conflicts in favor of the U.S. She has mitigated the security concerns raised under the Foreign Influence and Foreign Preference guidelines. Clearance is granted.


Financial

08/13/2008

Applicant fell behind in some obligations after her fiance had an accident that left him unable to work for three months. She has recently started repaying the debts and is not likely to engage in illegal acts because of the remaining debt. Clearance is granted.


Foreign Influence

08/13/2008

Applicant is a Syrian born, naturalized U.S. citizen, who has lived in the United States since 1998. Applicant's sisters are dual Lebanese and Canadian citizens residing in Lebanon, his brother is a naturalized U.S. citizen residing in Lebanon, and his step-son is a dual U.S and Egyptian citizen living in Egypt. Applicant's wife and two children are U.S. citizens living in the U.S. He has more connections to the United States than to Lebanon. Applicant has rebutted or mitigated the government's security concerns under Guideline B, Foreign Influence. Clearance is granted.


Financial; Personal Conduct

08/13/2008

Applicant incurred four debts in 2002 2003 totaling $37,986. He offered no documentation that any of these debts have been paid, that he has set up payment plans, that he has contacted his creditors, or that he has acted responsibly. Additionally, Applicant falsified his security clearance application by failing to disclose the existence of those debts. Applicant has not mitigated financial considerations and personal conduct concerns. Clearance is denied.


Guideline F

08/13/2008

The Judge found that Applicant had a serious history of not meeting financial obligations. At the time the case was submitted for decision, Applicant still had significant outstanding debts and was still in the process of trying to resolve his financial problems. Therefore, the Judge could reasonably conclude that Applicant's financial problems were recent and still ongoing. Adverse decision affirmed.


Guideline H; Guideline E; Guideline J

08/12/2008

Although the Judge found some evidence of mitigation, that did not compel the Judge to reach a favorable security clearance decision. Applicant's evidence of good duty performance was not sufficient to mitigate security concerns arising from unlawful drug use and falsification of his security clearance application. Adverse decision affirmed.


Financial

08/11/2008

Applicant accumulated a significant amount of delinquent debt from 1997 to 2001 when he started a company that subsequently failed. Although he attempted to resolve $54,000 of that debt, approximately $171,000 remains outstanding. Applicant defended his case on the basis that the statute of limitations expired on those debts and they are no longer enforceable. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Drugs

08/11/2008

Applicant with significant history of recent marijuana use and purchases over a seven-year period provides insufficient time in abstinence (a little over a year) to mitigate risks of recurrence in the foreseeable future. Clearance is denied.


Foreign Influence

08/11/2008

Having carefully examined the foreign country where foreign contact is located, together with Applicant's strong ties with the U.S., Applicant has successfully overcome the foreign influence concerns raised by his mother and father-in-law being resident citizens in Taiwan, but permanent resident aliens of the U.S. The foreign influence concerns of his immediate family have been reduced even further after his wife became a U.S. citizen in November 2006. Eligibility of access to classified information is granted.


Financial

08/11/2008

Applicant's good faith efforts to repay creditors established sufficient financial responsibility to mitigate security concerns regarding Guideline F (Financial Considerations). Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

08/11/2008

Applicant's 2004 conviction for fraud-related crimes, her ongoing financial delinquencies, and her intentional omission of several of her delinquencies from a security clearance application raise security concerns that she failed to mitigate. Clearance is denied.


Financial

08/11/2008

Applicant accumulated a number of delinquent debts during periods of medical disabilities and layoffs. She resolved her earlier accumulation of debts through bankruptcy and over the last few years through better management of her finances. Applicant has continuously disputed the five listed debts in the SOR and demonstrates success in obtaining documented deletions of the debts from her credit reports. Applicant mitigates financial concerns. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

08/11/2008

The government alleged Applicant had 27 delinquent debts exceeding $100,000, which she accrued primarily in the 2005 2006 timeframe. She mitigated only one of these debts leaving unpaid and/or unresolved 26 or the original debts alleged. She also falsified her 2006 security clearance application by failing to list debts 180 days delinquent in the last seven years and debts currently delinquent over 90 days. Her willful and deliberate false responses are a criminal offense. She was unable to mitigate any of the financial, personal and criminal conduct concerns alleged. Clearance is denied.


Alcohol

08/11/2008

Applicant has not mitigated the security concern under alcohol consumption guideline. He had two Captain's Masts while in the Navy due to drinking. He had a DUI in 2004. He has a diagnosis of alcohol dependence. However, he continues to drink. Clearance is denied.


Financial

08/11/2008

Applicant had 12 past due accounts totaling approximately $32,000. Applicant has been making payments on the two largest, disputes one debt, has reached repayment agreements on four additional debts, and intends to pay all his obligations. Applicant has successfully mitigated financial considerations and personal conduct concerns. Clearance is granted.


Guideline J

08/11/2008

Even though eleven years had elapsed between the last criminal act and the date of the decision, the Judge was unable to conclude that Applicant had mitigated the security concerns in his case. The Judge's decision is sustainable, given the extent of Applicant's criminal record. Adverse decision affirmed.


Foreign Influence; Foreign Preference

08/08/2008

Applicant, a native born American, married a citizen of the Netherlands who works for the Netherlands government. Applicant applied for and received Netherlands citizenship, which she used to obtain a Netherlands passport. She has used the Netherlands passport instead of her U.S. passport to travel overseas on at least two occasions. She has lived in the Netherlands, where she has sizeable assets, including pension rights. Clearance is denied.


Foreign Influence; Foreign Preference

08/08/2008

Applicant recently married a man who is a citizen and resident of Romania. Clearance is denied.


Financial; Personal Conduct

08/07/2008

Applicant has had financial difficulties. He has resolved most of his overdue debts with plans to resolve the reminder of them. His financial situation is stable and current. The financial information that Applicant provided to the Government, on a Security Clearance Application (SCA), was not materially correct, but Applicant did not knowingly fail to provide complete information. Mitigation has been shown. Clearance is granted.


Guideline F; Guideline E

08/07/2008

Applicant failed to mitigate security concerns arising from $19,000 worth of delinquent debt and from falsifications on her security clearance application. Adverse decision affirmed.


Security Violations; Personal Conduct

08/07/2008

Applicant's improper handling of secured information, including storing material improperly in his safe, leaving his safe unsecured and changing the classification on a secured disk, resulted in three letters of warning during the period from 2005 through 2007. It is too soon to establish that mitigation has been shown. Clearance is denied.


Financial

08/05/2008

Applicant owes approximately $9,000 on seven debts. Applicant has failed to rebut or mitigated the government's security concerns under financial considerations. Clearance is denied.


Guideline G

08/05/2008

Applicant's history of alcohol abuse spans more than thirty years, which includes three incidents of criminal behavior. Evidence of alcohol rehabilitation spanning only three months does not establish a sufficient track record of rehabilitation and good judgment. Adverse decision affirmed.


Financial

08/04/2008

Applicant admitted responsibility for two large delinquent debts totaling about $17,500, which he acquired around 2002-2003. He made one $50 payment towards each debt in February 2008. His evidence is insufficient to show financial responsibility, or that he has the ability to pay his debts. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Foreign Influence

08/04/2008

Applicant has presented insufficient evidence to dispel the negative inferences associated with the foreign influence guideline. Eligibility of access to classified information is denied.


Financial

08/04/2008

Applicant has had a history of overdue debts, the majority of which remain unresolved. Mitigation has not been shown. Clearance is denied.


Financial

08/04/2008

Applicant has had a history of overdue debts, the majority of which remain unresolved. Mitigation has not been shown. Clearance is denied.


Personal Conduct

08/04/2008

The Applicant has mitigated concerns under the personal conduct guideline. He married an illegal alien in 2006. However, she has a Petition of Adjustment pending and had a hearing. She is waiting for final processing to become a permanent resident. Adverse inference is overcome. Clearance is granted.


Foreign Influence

08/01/2008

Applicant has not fully mitigated the foreign influence concerns. Her mother is a PRC citizen who resides with her in the U.S. but who traveled to the PRC to spend time with Applicant's stepfather, who remains a PRC resident citizen. Applicant and her spouse provided financial support for his family members in the PRC and Applicant intends to visit them in the PRC in the future. Clearance is denied.


Drugs; Personal Conduct

07/31/2008

Applicant used drugs from 1995 until New Year's Day of 2007. He used drugs after submitting an application for a trustworthiness determination in October 2000. He fully disclosed his drug use in a security clearance application in June 2007. He is now in a committed relationship with a long-time girlfriend, has abstained from drugs for 17 months, and submitted a statement of intent to refrain from drug use with automatic revocation of any clearance for any violation. Clearance is granted.


Foreign Influence

07/31/2008

Foreign preference concerns raised because Applicant's in-laws are citizens and residents of a foreign country are mitigated due to Applicant's longstanding and significant ties to the U.S., including military service. Clearance is granted.


Alcohol; Personal Conduct

07/31/2008

Applicant has engaged in excessive alcohol consumption for more than four years and has been arrested and convicted twice for driving while intoxicated. He intentionally omitted his two arrests from his security clearance application. Clearance is denied.


Financial

07/31/2008

Applicant accumulated four delinquent debts totaling $23,381, including a delinquent student loan for $20,237. He paid off all the debts except the student loan and has been making regular payments on the student loan for six months. Clearance is granted.


Financial; Personal Conduct

07/31/2008

Applicant has a history of financial problems since 2001. Some of the debt may have been the result of two periods of unemployment in 2001 and 2006, and a recent divorce. Applicant has taken little action towards resolving the delinquent accounts alleged in the SOR. Applicant’s omission of his delinquent debts on his electronic questionnaire for investigation processing and on a trustworthiness application were not intentional. I find for Applicant pertaining to the personal conduct concern. Applicant did not mitigate the concerns raised under financial considerations due to his lack of action towards resolving his delinquent accounts. Clearance is denied.


Financial

07/31/2008

Applicant has experienced financial difficulties since 1986, due to issues within her control. In 2002, she discharged a significant amount of delinquent debt through a Chapter 7 bankruptcy. After the discharge, she again began accumulating debts that she has not paid, resolved or made a good faith effort to resolve. She failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Financial

07/31/2008

Applicant failed to mitigated financial allegations by failure to provide information regarding total delinquent child support for two children, and resolve rental dispute with owner of apartment where he had lived. The two debts totaled $14,000 out of the $25,000 alleged in the SOR. The rent dispute was in negotiation and he had paid or was paying on the other alleged debts. Clearance is denied.


Financial

07/31/2008

Although Applicant has made significant progress on her indebtedness, it is too early to tell if she will be successful in reaching her goal of financial stability. Clearance denied.


Financial; Personal Conduct

07/31/2008

While Applicant has repaid some of his delinquent debt, he still has more than $22,500 to eliminate. Furthermore, he deliberately tried to misrepresent his financial problems by painting a false picture on his security form that he had no overdue debt. He continued to deny the debt even after he began repaying three of the creditors in May 2007. Eligibility for access to security clearance is denied.


Personal Conduct

07/31/2008

The government raised security concerns about Applicant's veracity that she did not mitigate. Clearance denied.


Foreign Influence

07/31/2008

Applicant was born in 1963 in the U.S. to Sudanese parents during a time period when his father was in graduate school and teaching at a university. When Applicant's father completed his studies, he was employed by the United Nations, which took Applicant's family to several countries. In 1983, Applicant returned to the U.S. During the course of Applicant's background investigation, foreign influence concerns were identified as a result of his having immediate and non-immediate family members in Sudan. He also traveled to Sudan and the United Arab Emirates. Based on facts presented and applying the whole person concept, Applicant has mitigated these concerns. Clearance is granted.


Financial

07/31/2008

This 55-year-old has mitigated the security concerns under the financial considerations guideline. Applicant's wife did not handle the household financial affairs while Applicant was deployed out of the country. Applicant had no knowledge of this until his daughter called him in 2007. He has served in the military for 31 years and had a top secret clearance. He sought financial counseling and was paying his wife's debts. His plan was disrupted due to the sudden unemployment. He has mitigated the financial considerations security concern under the whole person. Clearance is granted.


Financial, Personal Conduct

07/31/2008

Applicant has a long history of financial problems, dating back to the 1980s. He presented credible evidence that within the past several months he has managed his obligations and resolved most of his delinquent debts. He has not incurred additional debts for some time. When he completed a security clearance application in 1995 and 2007, he failed to disclose his history of alcohol-related arrests and charges, treatment for alcohol dependence, numerous financial delinquencies, and a recent bankruptcy. He did not present a credible explanation for omitting that information. He mitigated the security concerns raised under Financial Considerations, but not those raised under Personal Conduct. Clearance is denied.


Financial

07/31/2008

Applicant's delinquent debt, in excess of $13,000, generates a financial considerations security concern. His promise to pay the delinquencies conditioned on the sale of his home is too speculative to mitigate the security concern. Clearance is denied.


Guideline K; Guideline E

07/31/2008

Applicant's prior experience completing security clearance applications support the Judge's conclusion that Applicant had deliberately provided false information about prior security violations. Adverse decision affirmed.


Financial

07/30/2008

Applicant is 50 years old and employed as a Administrative Assistant in human resources by a defense contractor. Circumstances beyond her control, namely a divorce, job lay-off, failed business venture, unexpected capital gains taxes due to a house sale, and a serious car accident cause her delinquent back taxes. Since then, she had paid off her back state tax liability, and is negotiating with the IRS to set up a payment plan to get her Federal taxes paid. She has made a good faith effort to resolve her indebtedness. Sufficient mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

07/30/2008

Applicant failed to mitigate financial allegations arising from a Chapter 7 bankruptcy in 2000 and 22 allegations of delinquent debts since the bankruptcy totaling approximately $60,000. The largest debts were from three auto repossessions. The others were medical debts for his daughter some of which were under $100 and for consumer services. None had been fully paid although monthly payments of $250 were begun on one repossession they had ceased. While he averred that some work had been done on a few debts, no credible evidence was offered to support the claim. He only recently sought consumer credit counseling but was rejected for the service. He mitigated personal conduct allegation of failure to report a state tax lien by establishing that he did not deliberately withhold the information. Clearance is denied..


Criminal Conduct; Personal Conduct

07/30/2008

Applicant's history of criminal conduct, and his intentional omission of his most recent criminal charge creates criminal and personal conduct security concerns that he failed to mitigate. Clearance is denied.


Alcohol; Personal Conduct

07/30/2008

Applicant's thirty-year history of alcohol abuse and current probationairy status on a recent DUI render him an unsuitable candidate for access classified information. Record did not establish deliberate falsification or omission of relevant information. Clearance denied.


Financial; Personal Conduct

07/30/2008

Applicant is a 45-year-old employee of a federal contractor. He deliberately omitted his financial delinquencies and his civil court record when he completed a security- clearance application in 2006. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns raised by his personal conduct. Clearance is denied.


Financial

07/30/2008

Applicant is a 50-year-old employee of a defense contractor. She owes more than $46,000 in delinquent consumer debt and unpaid judgments. She did not submit sufficient evidence to mitigate the security concerns raised by her financial history. Clearance is denied.


Guideline F

07/30/2008

Given the lack of documentation regarding his finances, Applicant's claims that he had paid certain debts cannot be accepted. Adverse decision affirmed.


Financial

07/30/2008

Applicant's accrual of more than $13,000 of delinquencies over the past eight years generates a financial considerations security concern. Although immaturity and circumstances beyond his control contributed to his delinquencies, he has made minimal progress toward resolving them. Clearance is denied.


Alcohol

07/30/2008

The Applicant is a 55 year old Electrical Engineer for a defense contracting company. His history of excessive alcohol abuse began in 1970 at the age of fifteen and continued until at least 2007. During this period he was charged, arrested and convicted of six alcohol related offenses, that include two Public Intoxication charges, an Alcohol in a Closed Area charge, and three arrests for Driving Under the Influence of Alcohol (DUI) or Driving While Intoxicated (DWI). He has only abstained from the use of alcohol for three and a half months, and he is not working a structured recovery program. Sufficient rehabilitation has not been shown. Clearance is denied.


Alcohol

07/30/2008


Guideline C; Guideline B; Guideline F; Guideline E

07/29/2008

At the time the case was submitted for decision, Applicant's debts were still substantially unpaid, and Applicant had offered no proof of any payments in the last two years. Applicant's admission regarding the falsification relieved the government of presenting evidence to establish the facts alleged therein. An applicant's disagreement with the Judge's weighing of the evidence, or an ability to argue for a different interpretation of the evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

07/29/2008

The Applicant has a credible plan to resolve his past due debts. He has already paid a substantial amount towards his past due indebtedness and expresses a credible intent not to get himself into such financial straits in the future. The Applicant is eligible for a security clearance. Clearance is granted.


Guideline F

07/29/2008

The Board does not consider new evidence on appeal. Adverse decision affirmed.


Foreign Influence, Foreign Preference

07/29/2008

Forty-nine year old Applicant's closest family members are his wife and two children-all U.S. citizens-and they reside with him in the U.S. As such, they are not vulnerable to direct coercion or exploitation by a foreign power. The realistic possibility of pressure, coercion, exploitation, or duress with regard to them is low. His relationship with his two brothers who are Taiwanese citizen-residents is different. He has had little, if any, relationship with them since he left Taiwan in 1982, and since their father died in 2007, their relationship has consisted of only infrequent telephone contacts. By the very nature of the Taiwanese Government, while Taiwan is believed to be an active collector of U.S. economic intelligence and proprietary information, there is no evidence that Taiwan uses coercive measures to gain access to such information. Thus, the fear of a "heightened risk" because of the presence of his brothers in Taiwan is not substantiated. His renewal and one-time use of a Taiwan passport was brought about by erroneous information, and the passport has been destroyed. Concerns as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial; Personal Conduct

07/29/2008

Applicant has accumulated a significant amount of delinquent debt since 2003 that she has not paid, resolved or made a good faith effort to resolve. She failed to mitigate the security concerns raised under Guideline F. She did not deliberately falsify her Public Trust Position Application concerning these debts. Clearance is denied.


Guideline K; Guideline E

07/29/2008

Applicant has had ten documented security violations in the period 1991 through 2006. Applicant has not met his heavy burden of persuasion to rebut the presumption of good faith by Federal Employees. Adverse decision affirmed.


Foreign Influence

07/28/2008

Applicant's longstanding ties in the U.S., including his 33-year employment history working for a defense contractor outweigh the security concerns raised by Applicant's mother and sister's status as citizens and residents of Iran, and his nephew's status as a citizen of Iran, attending school in a European country. Foreign influence security concerns are mitigated. Clearance is granted.


Financial

07/28/2008

Applicant is a 59-year-old retired police officer. He admitted he has delinquent debts. He has not done anything to pay them or resolve them. Clearance is denied.


Foreign Influence; Foreign Preference

07/28/2008

The security concerns relating to foreign influence are mitigated by Applicant's long history of working in the U.S. contractor industry since 1985. He has held a security clearance since the late 1990s with no security infractions. His established track record of reporting security events to the security office convince me he will resist and report any attempt at coercion or influence. In addition, Applicant has surrendered his foreign passport in compliance with adjudicative guidelines. Eligibility of access to classified information is granted.


Foreign Influence

07/28/2008

Applicant was born in Taiwan and is a naturalized U.S. citizen, who has lived in the United States since 1989. Applicant's parents, two siblings, and in-laws are citizens and residents of Taiwan. He has substantially more connections to the United States than to Taiwan. In Applicant has rebutted or mitigated the government's security concerns under Guideline B, Foreign Influence. Clearance is granted.


Drugs

07/28/2008

Applicant was alleged to have drug involvement concerning use of marijuana from 1977 to 2007. The use began while he was in college with some frequent use and continued until he was required to file his application for a security clearance. For the past 20 years he only used the drug once a month on weekends. While he does not intend to use again, there has been an insufficient passage of time from cessation to the present. He did not mitigate the allegations. Clearance is denied.


Foreign Preference

07/28/2008

Applicant is a dual U.S.-German national residing and working in Europe. She travels extensively. Among other purposes, she uses her German passport to facilitate travel and maintain foreign work permits. She continues to use her German passport as a matter of convenience. Applicant failed to mitigate security concerns. Clearance is denied.


Financial

07/28/2008

Applicant's accrual of $58,000 of financial delinquencies generates a security concern. Although much of her financial problems were caused by circumstances beyond her control, and she recently obtained a discharge through the Chapter 7 bankruptcy process, it is too soon to conclude that her finances have stabilized. Clearance is denied.


Drugs

07/28/2008

This 30-year-old employee has not mitigated the security concerns under the drug involvement guideline. Applicant smoked marijuana from 1996 until 2007. He experimented with hallucinogenic mushrooms in 2000. He purchased and sold marijuana from March 1996 until at least July 2006. He completed his security clearance application in 2007 and vowed he would not use marijuana again. However, in 2007, he smoked marijuana with his father. He has not met his burden of proof in this case. Clearance is denied.


Financial

07/28/2008

Applicant accumulated 14 delinquent debts totaling about $89,273. Twelve of the debts have been delinquent since 2005. He has not resolved any of the debts. Clearance is denied.


Financial

07/28/2008

This 50-year-old employee has mitigated the security concerns under the financial considerations guideline. Applicant's husband did not pay their federal taxes from 1995 until 1999 due to his drinking problems. Applicant arranged a payment plan with the IRS. However, in 2001, Applicant moved out of her husband's home to work in another state. He stopped making the payments. Applicant's wages were garnished. The taxes were completely paid in 2003. Applicant has paid all but two of the alleged debts in the SOR. She has been employed with the same company for 27 years. She completed financial counseling and has a plan to resolve the two remaining debts. She has met her burden of proof in this case. Clearance is granted.


Financial; Personal Conduct

07/28/2008

Applicant has paid or settled for less than the full balance about $6,000 in delinquent debt. Financial concerns persist because she has yet to resolve another $18,000 in past due balances. Personal conduct concerns are not established because she did not deliberately conceal her indebtedness from the government. Clearance is denied.


Criminal Conduct; Personal Conduct

07/28/2008

The Applicant was involved in a major criminal incident in 2005. He beat a man and the victim suffered serious injuries. The Applicant was convicted of Assault with Substantial Injuries in 2006 and sentenced to four years probation. Not enough time has passed to be sure such conduct will not recur in the future. Insufficient mitigation has been shown. Clearance is denied.


Financial

07/28/2008

Applicant incurred numerous delinquent accounts as a result of being laid off in late 1999 and being unable to find employment with the equivalent annual income of over $100,000. Although she has not resolved all of the debts in the SOR, she has been proactive in attempting to resolve her financial situation. She resolved several accounts that were not alleged in the SOR. Her current income is sufficient to meet her expenses. She mitigated the concerns raised under financial considerations. Eligibility for access to sensitive information and a public trust position is granted.


Foreign Influence

07/28/2008

Applicant is 46 years old and became a naturalized U.S. citizen in 2005. He was born, raised and educated in the People's Republic of China. His immediate family are citizens and residents there. Applicant attended parties at the People's Republic of China Embassy, even after becoming a U.S. citizen. He maintains his family ties in China and failed to provide sufficient information to meet his burden to mitigate the security concerns raised. Clearance is denied.


Personal Conduct

07/28/2008

At Applicant's former place of employment, gossip about a manager led to an investigation concerning whether personal information had been improperly leaked from personnel files. During the investigation, management discovered Applicant would ask for security clearance status information from former colleagues for her current co-workers. Investigators cited to no established rule regarding this process and Applicant otherwise mitigated security concerns. Clearance is granted.


Financial

07/28/2008

Applicant is a meritorious law enforcement professional with a good credit record, save for a disputed deficiency associated with a vehicle he purchased in exchange for an older car and later returned following an accident and settlement with the offending party's insurance company. Based on his adequate showing of a legitimate dispute and demonstrated overall trust and reliability, Applicant mitigates financial concerns. Clearance is granted.


Financial

07/28/2008

Applicant accumulated a number of delinquent debts over a number of years attributable to her divorce, periods of unemployment, and family related issues. Most of her debts are aged and may be barred by her state's statute of limitations. Without necessary documentation of good-faith efforts to repay any of these debts, she lacks the overall good-faith repayment history to trust concerns over all of her listed outstanding debts. Eligibility for an ADP I/II/III position is denied


Financial

07/28/2008

Applicant had 21 past due accounts totaling approximately $109,000. He paid five of the debts totaling approximately $55,000, but failed to document payment of the remaining 14 debts totaling $40,000. Applicant has failed to successfully mitigate the financial considerations security concerns. Clearance is denied.


Foreign Influence; Outside Activities; Personal Conduct; Criminal Conduct.

07/28/2008

Applicant was not subject to foreign influence through his sister, a resident citizen of Russia. He severed his ties to two U.S. corporations he co-founded, mitigating any potential security concerns of foreign influence or outside activities. Record did not establish that the two U.S. companies should have been reported of his clearance application as "foreign interests." Clearance granted.


Foreign Influence; Foreign Preference

07/28/2008

Applicant is a naturalized citizen of the U.S., born in Iran. His older brother is a citizen and resident of Iran. He possessed and used an Iranian passport on six trips to Iran to visit his ailing parents and settle their affairs after they died. He has destroyed his Iranian passport. Clearance is granted.


Financial

07/25/2008

Applicant is responsible for approximately $70,000 in delinquent debt. His failure to mitigate his large number of financial delinquencies raises security concerns. Clearance is denied.


Financial

07/25/2008

Applicant opened a business in 1994. He did not incorporate his business and keep very poor records of his income and expenses. He included his business earnings as personal income, causing a significant tax liability for himself. As a result, his money set aside to pay his personal taxes in 1994 was insufficient. Each year subsequent to 1994, he got behind in his personal taxes as he tried to pay his past tax debt. He finally closed his business in 2003, which eliminated any further tax problems. He always filed his tax return, but did not have enough money to pay his full tax bill. He filed bankruptcy in 2002 at the suggestion of the IRS. His debts were discharged and the IRS released five years of tax liens. Between December 2002 and September 2004, he lost significant time from work because of a severe injury to his ankle. He has paid all his outstanding medical bills and has a repayment plan with the IRS. He has complied with his IRS repayment plan for two years. He has mitigated the government's security concerns under guideline F. Clearance is granted.


Financial

07/25/2008

Applicant has substantial delinquent debt that he cannot afford to repay. He claimed he would file bankruptcy, but did not provide promised proof that he has done so. Eligibility for access to classified information is denied.


Financial

07/25/2008

Applicant incurred approximately $61,000 in delinquent debt. Although he made some attempts to start resolving his delinquent accounts, they were not sufficient to mitigate the security concerns raised under financial considerations. Clearance is denied.


Criminal Conduct; Personal Conduct

07/25/2008

Applicant was convicted of shoplifting in April 2002 and driving with a suspended license in October 2004, February 2005, and November 2005. She received a summons for with having no proof of insurance in October 2003, and she was twice cited for driving an unregistered vehicle in January and February 2004. She disclosed the November 2005 conviction on her security clearance application, but not the shoplifting or the other motor vehicle offenses. She falsely told a security investigator she was not actively involved in the shoplifting. Clearance is denied.


Financial

07/25/2008

This 53-year-old employee has mitigated the security concerns under the financial considerations guideline. Applicant was indebted to the IRS for a tax lien in the approximate amount of $23,926.70. Applicant's husband retired from the military in 1992. He did not work steadily after that time. Applicant was the sole provider for the family. Applicant's husband was financially irresponsible. He did not file estimated taxes as small business/self employed. The April 2006 tax lien has been paid. Applicant and her husband divorced. After the family home was sold in 2008, Applicant paid the total amount owed to the IRS. She has mitigated the security concerns under financial considerations. Clearance is granted.


Foreign Preference; Foreign Influence

07/25/2008

Applicant was born in the United Kingdom and moved to the U.S. in 1995. He has been very successful in business. He and his wife intend to live here permanently, and became citizens in 2004. He used his U.K. passport once in 2005 due to mistaken travel arrangements by his staff. He has since surrendered it. He has close family and substantial property in the U.K., but deeper and more substantial ties to the U.S. Clearance is granted.


Foreign Influence

07/25/2008

Applicant failed to mitigate the foreign influence security concerns arising from his relationship and contacts with Indian citizens. Eligibility for access to classified information is denied.


Financial

07/25/2008

Applicant's continued financial difficulty after her bankruptcy discharge renders her unsuitable for access to classified information. Clearance denied.


Financial

07/24/2008

Applicant accumulated 15 delinquent debts starting in 2001. She quit her job in 2003, and she was unemployed until she was hired by her current employer in May 2004. Except for a debt resolved by garnishment, she did not resolve any of the delinquent debts alleged in the SOR until after the hearing, when she borrowed money from her aunt to pay off or arrange payment plans for all the debts alleged in the SOR. Clearance is denied.


Financial

07/24/2008

Applicant began accumulating delinquent debts in 2001 when her husband started using illegal drugs and stopped paying the family bills. In 2004, she moved out of the family home and later divorced. She subsequently was unemployed and under-employed for periods of time, creating additional financial obligations. Recently, she discharged all of her financial delinquencies through bankruptcy. She has since remarried and is no longer supporting two children. She has begun to responsibly manage her finances. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

07/24/2008

Applicant accumulated a significant amount of debt after she and her husband became unemployed in spring of 2003. Recently, she paid some of her debts and is attempting to resolve the remaining delinquencies. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Foreign Influence; Foreign Preference

07/24/2008

Applicant failed to mitigate the foreign influence concerns which arise from her close family ties to her parents and sister who are citizens and residents of Iran.


Financial

07/24/2008

After Applicant was injured in a car accident and incurred numerous medical expenses, she accumulated 17 delinquent debts, of which nine are identified as medical bills, and two unpaid judgments. She filed a petition for Chapter 13 bankruptcy and had made three payments to the trustee as of the date the SOR was issued. Clearance is denied.


Financial

07/24/2008

Applicant is a 32-year-old employee of a federal contractor. Her financial problems are directly related to a combination of conditions largely beyond her control. She presented sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from her financial problems. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

07/24/2008

Applicant incurred 11 delinquent debts with a total approximate balance of $19,515. She has taken no action towards resolving these accounts. Her deliberate failure to list her delinquent accounts, including one judgment, on her trustworthiness application raise concerns about her trustworthiness and reliability. Applicant has not mitigated the security concerns raised under financial considerations, personal conduct, and criminal conduct. Eligibility for access to sensitive information and a public trust position is denied.


Foreign Preference; Foreign Influence

07/24/2008

Applicant was born in a foreign country. He came to the United States in the early 1990s to work for a year, but decided to stay. He, his wife, and his children became U.S. citizens in 2000. His elderly mother, disabled sister, and parents-in-law are citizens and residents of a foreign country. He used a foreign passport while a U.S. citizen, but the passport is now expired and he does not intend to renew it. He has mitigated the Foreign Preference and Foreign Influence security concerns. Clearance is granted.


Financial

07/24/2008

Applicant admits she has delinquent debts that she has not paid or even attempted to pay. She has demonstrated an irresponsible attitude towards her finances which is an indicator that she may be irresponsible towards the handling of classified information. Clearance is denied.


Guideline J; Guideline F

07/24/2008

The Judges findings of fact contain a number of errors of differing magnitudes. Taken together those errors undercut the Judges favorable conclusions. There is a paucity of evidence on the issue of rehabilitation. Favorable decision reversed.


Financial; Personal Conduct

07/24/2008

Applicant has a history of financial debts that has not been mitigated. He deliberately tried to hide the debts by certifying on his security form in October 2006 that he no debts. Eligibility for access to classified information is denied.


Financial

07/24/2008

Applicant owes about $104,000 in delinquent consumer credit card debt incurred in part to pay living expenses when he was out of work for about a year in 2003/04. Financial concerns persist because he has made no effort to resolve the debt while he continues to incur new credit card balances. Clearance is denied.


Foreign Influence

07/24/2008

Applicant (a naturalized U.S. citizen) has immediate and extended family members who are citizens and residents of India. His primary loyalties and demonstrated commitments to the U.S., despite his strong affections for his mother, siblings and extended family members residing in India, enable him to mitigate any potential risk to undue foreign influence concerns under Guideline B. India is a country with a lengthy history of constitutional government and generally recognized respect for the human rights and the rule of law and retains strong mutual strategic interests with the U.S. Clearance is granted.


Foreign Influence

07/24/2008

The foreign influence concerns that exist because of Applicant's relationships with his siblings in Pakistan and in India are mitigated by his deep and longstanding ties to the U.S., including his 23 years of dedicated contributions to the U.S. defense effort. Clearance is granted.


Guideline C; Guideline B

07/24/2008

Applicant had not satisfied the criteria set forth in FCMC 11(e). His passport had not been destroyed or rendered unusable or otherwise invalid. Neither had it been surrendered to a "cognizant security authority." The passport was in the possession of Applicant's own attorney. The record will not sustain a conclusion that Applicant has mitigated the security concerns arising out of his possession of a foreign passport, and the Judge's holding to the contrary is error. Applicant's failure to mitigate appears to be, in part, a result of his compliance with instructions by the Judge, with the apparent concurrence of Department Counsel. Under the circumstances, the Board concludes that the best corrective action is to remand the case to the Judge for a new decision. On remand the Judge is permitted to reopen the record on the motion of either party.


Financial

07/24/2008

Applicant owed debts totaling approximately $17,000. Applicant has paid a $9,000 tax lien, which is more than half of the amount owed. He has established a repayment plan with an additional creditor and is attempting to establish repayment plans with the two remaining creditors. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Personal Conduct; Criminal Conduct

07/24/2008

The Applicant is a 49 year old Director of Network Systems Technology for a defense contracting company. She deliberately concealed material information on her security clearance application concerning her marriage history, specifically concealing a former spouse that was involved with the Applicant in a deportation proceeding for allegedly committing a fraudulent marriage. Clearance is denied.


Financial

07/22/2008

Applicant has long-standing delinquent debts for which he provided no explanation. Clearance is denied.


Guideline F; Guideline E

07/22/2008

Applicant's statements of intent to pay his delinquent debt are entitled to little weight without corroborating evidence. Applicant has submitted little evidence of responsible conduct regarding his finances. Even if a debt is legally unenforceable, the government may consider the facts and circumstances applicant's conduct in incurring the debt and failing to satisfy it in a timely manner. Favorable decision reversed.


Guideline H; Guideline J; Guideline E

07/22/2008

The judge found that Applicant has a lengthy and serious history of illegal drug use. The Judge's material findings of security concern are based on substantial evidence or constitute reasonable inference that could be drawn from the record. It is not error to consider an applicant's past misconduct. Adverse decision affirmed.


Guideline F; Guideline E

07/18/2008

The Judge's material findings as to Applicant's debts are supported by substantial record evidence and are sustainable. Adverse decision affirmed.


Guideline C; Guideline B

07/18/2008

Applicant was born in the United States. She was eight years old when her family immigrated to Canada. Applicant became a Canadian citizen. Applicant married a Belgian citizen and moved to Belgium with her husband. She automatically acquired her Belgian citizenship as a result of her marriage. Except for a period of around seven months in the United States, Applicant has been a Belgium resident since 1987. Applicant is required by law to vote in Belgian elections. She has voted in five Belgian elections and intends to vote in Belgian elections in the future. Applicant and her husband have five Belgian-born children. Her four older children received their U.S. citizenship in July 2007. Applicant was not able to transfer her U.S. citizenship to her children because she did not live in the United States for a period of two years after age 14. Her children acquired their U.S. citizenship through their grandparents. She is in the process of acquiring U.S. citizenship for her youngest child. Adverse decision affirmed.


Foreign Influence

07/16/2008

Applicant is a Sudan born, naturalized U.S. citizen, who has lived in the United States since August 2000. His parents, oldest son, and siblings are citizens and residents of Sudan. Applicant has substantially more connections to the United States than to Sudan. After a thorough review of the case file, pleadings, exhibits, and evidence, I conclude Applicant has rebutted or mitigated the government's security concerns under guideline B, foreign influence. Eligibility for access to classified information is granted.


Criminal Conduct; Alcohol; Drugs

07/16/2008

Applicant is a 43-year-old employee of a federal contractor. His history of criminal conduct includes seven alcohol-related incidents. The most recent is a 2006 arrest for DUI for which he was convicted in 2007 and remains on probation until March 2009. In addition, he is currently pending disposition of a 2008 misdemeanor offense for driving with a revoked driver's license; this may also be a probation violation. Applicant did not present a sufficient case in reform and rehabilitation to mitigate the criminal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

07/16/2008

Applicant first encountered financial problems, after a long and successful career with a defense contractor, when she bought a house on risky terms at the peak of the housing boom. Her two home-improvement loans and a credit card became delinquent before she could sell the house. When the house sold, she applied the proceeds and obtained a signature loan to repay the remaining debts. She resumed a financially sound lifestyle renting a home. Eligibility for access to classified information is granted.


Foreign Preference

07/16/2008

Applicant failed to mitigate the foreign preference concerns that exist in this case due to her actively exercising her German citizenship.


Guideline H; Guideline E

07/16/2008

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. A review of the record shows that Applicant had knowledge of the burden of proof before he stated that he waived the 15 day notice rule. Adverse decision affirmed .


Drugs

07/16/2008

Applicant last used marijuana two weeks after completing graduate school, which was more than a year ago. After a thorough review of the case file, pleadings, exhibits, and evidence, I conclude Applicant has rebutted or mitigated the government's security concerns under Guideline H, drug involvement. Eligibility for access to classified information is granted.


Alcohol; Personal Conduct

07/16/2008

Applicant has a 20 to 25 year history of excessive alcohol consumption. At times, he acknowledged he was drinking too much. He has previously acknowledged he was an alcoholic, but no longer believes this to be true. Applicant had an 18 month to two year period where he illegally used Tylox and Valium while holding a security clearance. I conclude Applicant has not rebutted or mitigated the government's security concerns under Guideline G, alcohol conumption, or Guideline E, personal conduct. Clearance is denied.


Guideline F

07/16/2008

Applicant's efforts to repay debts were insufficient when viewed of the extent of his delinquent debt. Adverse decision affirmed.


Guideline F; Guideline E

07/16/2008

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. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

07/16/2008

Applicant's three intentional falsifications between September 2005 and December 2006 have not been mitigated under the personal conduct guideline or the criminal conduct guideline. The drug guideline is found in his favor because there is no evidence of drug use after July 2005. Eligibility for a security clearance is denied.


Financial

07/16/2008

Applicant has 13 past due accounts totaling approximately $22,000 arising from his 2003 divorce. Applicant has paid none of the debts. After a thorough review of the case file, pleadings, exhibits, and evidence, I conclude Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Eligibility for access to classified information is denied.


Foreign Influence

07/16/2008

Applicant is an Iraqi born, naturalized U.S. citizen, who has lived in the United States since 1992, when he came to the U.S. as a refugee. He supported military operations in Iraq on multiple occasions deploying with U.S. Army units. Applicant's siblings are citizens and residents of Iraq. He has substantially more connections to the United States than to Iraq. After a thorough review of the case file, pleadings, exhibits, and evidence, I conclude Applicant has rebutted or mitigated the government's security concerns under Guideline B, foreign influence. Eligibility for access to classified information is granted.


Financial

07/15/2008

Applicant filed bankruptcy in 2000and the court discharged her debts in 2000. Less than a year later, her husband was seriously injured in a motorcycle accident, which resulted in unemployment for at least six months and a loss of his income. In 2004, her employer laid her off her job after six years, and six months later, her husband became physically disabled from work . Her husband now receives social security disability benefits. Combined with her income, they pay their current monthly expenses. They live much more frugally and have lived within their financial means for the last five years. Their current financial resources limit their ability to pay their old debt, most of which is barred by the statute of limitations. Applicant has changed her attitude towards and her management of her financial resources. Applicant has mitigated the government's security concerns under Guideline F. Clearance is granted.


Guideline F

07/15/2008

At the time of the hearing Applicant had a significant outstanding debt in the form of an unresolved judgment. The Judge could reasonably conclude that Applicant's financial problems were ongoing. Adverse decision affirmed.


Financial

07/15/2008

Applicant's infant son required extraordinary medical attention at a time when she did not have health insurance. Shortly after student loans paid for her college tuition, Applicant was forced to withdraw from college to help her ailing mother. Consequently, Applicant accumulated debt which became delinquent. Since beginning her current employment, Applicant has satisfied her delinquent debts and rehabilitated her student loans, thus mitigating financial considerations security concerns. Clearance is granted.


Guideline G

07/15/2008

Directive presumes a nexus or rational connection between proven conduct under any Guideline and an applicant's security eligibility. Security clearance determinations are not limited to consideration of work performance or conduct during duty hours. Adverse decision affirmed.


Guideline B; Guideline C

07/15/2008

The Judge articulated a reasonable concern based on Applicant's close ties to his in-oaws in Lebanon and his repeated visits to Lebanon with his spouse and children, considered in the context of the overall political/security profile of that country vis-a-vis the United States. Adverse decision affirmed.


Guideline F

07/15/2008

The value of an applicant expertise to a defense contractor or military service is not relevant or material to determining the applicant's eligibility for a security clearance. Adverse decision affirmed.


Financial; Personal Conduct

07/14/2008

Applicant incurred delinquent debts while in military service and while attending college. He resolved all but one of his delinquent debts. He did not disclose his delinquent debts on his security clearance application. Clearance is denied.


Foreign Influence

07/14/2008

Thirty-six year old Applicant's closest family members are his wife and three children, and they reside with him in the U.S. As such, they are not vulnerable to direct coercion or exploitation by a foreign power. The realistic possibility of pressure, coercion, exploitation, or duress with regard to them is low. His relationship with his various extended-family members who are Taiwanese citizen-residents is varied. Some are historically non-existent relationships, some are limited to extremely rare visits with periodic telephone contacts, and some are generally limited to infrequent telephone contacts. By the very nature of the Taiwanese Government, while Taiwan is believed to be an active collector of U.S. economic intelligence and proprietary information, there is no evidence that Taiwan uses coercive measures to gain access to such information. Thus, the fear of a "heightened risk" because of the presence of some extended-family members still residing in Taiwan is unfounded. Concerns as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial

07/14/2008

Applicant is a 59-year-old employee of a federal contractor. She has a history of financial problems that she has done little to resolve. Clearance is denied.


Personal Conduct; Foreign Influence

07/14/2008

The Applicant is married to a woman from Vietnam. During their courtship, which lasted a year, the Applicant failed to report his growing personal relationship with her, in violation of requirements to do so. His wife has a large family in Vietnam and Applicant failed to mitigate the security significance of her family. Applicant is not eligible for a clearance. Clearance is denied.


Financial; Personal Conduct

07/14/2008

This 24-year-old employee has mitigated the security concerns under the financial considerations and personal conduct guidelines. Applicant did not falsify his security clearance application in 2006 with respect to section 28. Applicant has accumulated delinquent debt since 2004. Although he has been steadily employed, he had unexpected medical expenses for his wife and the birth of his son. His former fiancee used his credit account and left him with the bills. His wife is now working and Applicant has a higher salary. He has paid debts that are not reflected on the SOR. He has one debt in repayment status. He and his wife are working with a financial counselor to resolve the remaining debts. He is a father and now has a family to care for and provide for their needs. He has mitigated the security concerns under criminal conduct and personal conduct. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

07/14/2008

Applicant incurred 20 delinquent debts with a total approximate balance of $33,000. Although he claims that six of the debts were resolved, he provided sufficient proof of payment for only one debt. He failed to provide sufficient proof that five other debts were paid or resolved. In addition, he took no steps to resolve 14 delinquent accounts. His deliberate failure to list his delinquent accounts, including two judgments, on his trustworthiness application raise concerns about his trustworthiness and reliability. Applicant has not mitigated the security concerns raised under financial considerations, personal conduct, and criminal conduct. Eligibility for access to sensitive information and a public trust position is denied.


Personal Conduct; Criminal Conduct

07/14/2008

Applicant failed to list a felony charge from 1993 when completing his security clearance application in 2004. He was subsequently convicted of a misdemeanor. Applicant produced convincing evidence that such omission was neither willful nor deliberate, which mitigated personal and criminal conduct concerns. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

07/11/2008

Applicant served in the military from 1983 until 2003. He received many awards and commendations. He held a top-secret security clearance during that time. When he retired, he obtained employment with the federal government and again held a security clearance. In 1986, while serving in the military Applicant tested positive for marijuana. He received a non-judicial punishment and a reduction in rank. In October 2006,Applicant tested positive for cocaine. He denied use of any illegal drugs. He resigned from his position in January 2007. Applicant falsified his SF 86 in July 2007 by the deliberate omission of use of marijuana in 1986 and cocaine in 2006 while holding a security clearance. This is a violation of 10U.S.C. Section 1001. He has not mitigated the security concerns under the drug involvement, personal conduct or criminal conduct guidelines. Clearance is denied.


Foreign Influence and Foreign Preference

07/11/2008

Applicant is a United States (U.S.) citizen by birth and a citizen of Nigeria because of her parents. Her parents returned to Nigeria when she was 18 months old. She moved to the U.S. in 1999 and completed her high school and college education. She plans to remain in the U.S. Her parents and three younger siblings are citizens of and reside in Nigeria. They do not work for the Nigerian government and do not receive any financial benefits from the Nigerian government. Applicant used a Nigerian passport twice to enter and exit Nigerian, while holding a U.S. passport. On her last trip to Nigeria, Applicant used her U.S. passport and a Nigerian visa to enter and exit Nigeria. She handed her Nigerian passport to her security officer, who destroyed it. She has indicated a willingness to renounce her Nigerian citizenship. She has mitigated the government’s security concerns under Guidelines B and C. Clearance is granted.


Financial

07/11/2008

Applicant is a 40-year-old employee of a defense contractor. From 1990 to 2005, she was a wife and stay-at-home mother. Her husband was a veteran law enforcement officer, who suffered a myriad of medical problems. Their recourse was to file bankruptcy in 1992, 1998, and 2005. They separated in 2005, and divorced in 2007. She returned to the workforce in 2005, to low paying jobs and unemployment. She has paid, established payments plans, or otherwise resolved her delinquent debts and is now financially stable. Clearance is granted.


Foreign Influence

07/11/2008

Applicant was born in Hong Kong. She, her mother, and her brother emigrated from Hong Kong to the U.S. in 1997 and became U.S. citizens in May 2003. Her father remained in Hong Kong. Her mother has since returned to Hong Kong. Security concerns based on foreign influence are mitigated. Clearance is granted.


Criminal Conduct; Personal Conduct

07/11/2008

Applicant is a 44-year-old employee of a federal contractor. He deliberately omitted his history of criminal conduct when he completed a security-clearance application in April 2007. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns raised by his personal conduct and his history of criminal conduct. Clearance is denied.


Financial; Personal Conduct

07/11/2008

Applicant has substantial delinquent debt that he cannot afford to repay. He did not deliberately falsify information about his debts on his security clearance application because he cannot read and did not understand the questions. Eligibility for access to classified information is denied.


Financial; Personal Conduct

07/11/2008

Applicant's accrual of more than $20,000 of delinquent debt, including a tax delinquency that led to a tax lien not listed on his security clearance application, generated financial considerations and personal conduct security concerns. The delinquencies were caused by circumstances beyond Applicant's control. Nearly all of the debts have been satisfied, and the security clearance application omission was not intentional. Applicant mitigated the security concerns. Clearance is granted.


Guideline G

07/11/2008

The Board gives due consideration to prior Hearing Office decisions, however, such decisions are not legally bing precedent for the Hearing Office or the Appeal Board, Adverse decision affirmed.


Guideline F

07/11/2008

Applicant has a lengthy and serious history of not meeting financial obligations. As of the Hearing, Applicant still has a significant number of delinquent debts. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

07/11/2008

The police arrested Applicant in 2001 and charged him with eight criminal counts related to the furnishing of obscene material to a minor. In December 2005, the prosecutor dismissed the charges against Applicant. Applicant has no other arrests. He intentionally falsified his answers on his security clearance application. He has not mitigated the government's security concerns under Guideline E. In light of my findings under Guideline E, Guideline J is found against Applicant. Clearance is denied.


Guideline E

07/11/2008

The Judge's material finding are sustainable.. The Directive assumes a a rational connection between the Guidelines and an applicant security eligibility. Adverse decision affirmed.


Guideline F

07/11/2008

The Board does not have authority to accept new evidence on appeal. The record evidence is not consistent with Applicant's contention that she made a bankruptcy decision in reliance on poor advice from Department Counsel that ultimately resulted in the Judge's adverse decision. Even if Department Counsel made improper statements the record does not support Applicant's contentions. Applicant made her decision prior to the hearing and the alleged conversation but, according to her brief, she only filed the bankruptcy after the Judge's decision. Adverse decision affirmed.


Financial

07/10/2008

Applicant incurred more than $20,000 in delinquent debt after a Chapter 7 bankruptcy discharge. Her financial mismanagement raises doubts about her judgment and reliability. Clearance is denied.


Financial

07/10/2008

Applicant had 33 delinquent debts and a bankruptcy listed in the SOR. She admitted responsibility for 20 delinquent debts, and denied responsibility for the other 13 debts. Applicant did not provide sufficient mitigating evidence because she did not explain how she planned to resolve any of the 20 delinquent debts. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Financial

07/10/2008

The Applicant is a 62 year old Senior Business Systems Analyst for a defense contracting company. Over the years, he incurred substantial credit card debt that he could not afford to pay. After contacting a consumer credit counselor, he is currently making payments toward two of the debts, but three others remain owing in the approximate amount of $20,000.00. He has just started the process of financial rehabilitation and has a long way to go before he has resolved his indebtedness. Sufficient mitigation has not been shown. Clearance is denied.


Financial

07/10/2008

Applicant managed his finances very well until 2004 when his wife became ill and could not work. At the same time, his employer relocated to another city. Because of his wife’s illness, he could not move. For the next two years, he managed to pay his basic monthly expenses through old jobs and his military retirement income, but lacked any resources to pay his old debt. He has established that his largest debt is resolved and paid one small debt. The remaining debts are being resolved in bankruptcy court. He has mitigated the government’s security concerns under guideline F. Clearance is granted.


Financial

07/10/2008

Applicant admitted responsibility for three delinquent debts, totaling approximately $6,000. Her debts became delinquent between 2000 and 2006, and continue to be delinquent. Her favorable information is insufficient to show financial responsibility, or that her financial problems are under control. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Financial; Personal Conduct

07/10/2008

Applicant has a history of financial delinquencies. While he provided evidence of payment of some of his delinquencies, he failed to establish that his financial problems would not continue into the future. Applicant deliberately falsified his security clearance application by denying debts of over 180 days in the previous seven years and current debts of over 90 days. He failed to mitigate security concerns under Guideline F, Financial Considerations, and Guideline E, Personal Conduct. Clearance is denied.


Financial

07/10/2008

Applicant is a 54-year-old employee of a federal contractor. He presented sufficient evidence to mitigate the security concerns stemming from his history of financial problems. Clearance is granted.


Financial; Personal Conduct

07/10/2008

Applicant incurred several delinquent debts which were partially caused by two periods of unemployment his wife encountered in 2005 and 2006. His efforts to resolve his delinquent accounts were delayed because of an ineffective debt settlement company that took approximately $1,900 of his money but resolved none of his debts. Of the five delinquent accounts alleged in the SOR, Applicant resolved two accounts and has repayment plans with the remaining three accounts. A recent pay raise and his wife's full-time employment since December 2006 have stabilized their financial situation. Personal conduct concerns are mitigated due to Applicant's acceptance of full responsibility for deliberately omitting his delinquent debts on his security clearance application and his subsequent disclosure of his financial situation. Clearance is granted.


Financial

07/10/2008

The Applicant is a 25 year old Mechanical Engineer for a defense contracting company. Through no fault of his own, at the young age of 15 and as a minor, he was the victim of identity theft and credit card fraud before he was old enough to apply for credit. He is working to clear up his delinquent credit history. Sufficient mitigation has been shown. Clearance is granted.


Criminal Conduct; Personal Conduct

07/10/2008

This 22-year-old employee has mitigated the security concerns under the criminal conduct and personal conduct guidelines. Applicant was convicted of possession of burglary tools, tampering with a vehicle and trespassing in 2005. Also in April 2005, he was found guilty of petit larceny. He no longer associates with the wrong crowd. He received an open container charge and speeding ticket in 2007. He completed his probation. He is an apprentice in a program. His employer recommends him highly. He is a father and now has a family to care for and provide for their needs. He has mitigated the security concerns under criminal conduct and personal conduct. Clearance is granted.


Financial

07/10/2008

The Applicant is a 48 year old Quality Engineer for a defense contracting company. His excessive indebtedness totaling at least $20,000.00 has not been mitigated by a willingness to satisfy his debts, or a good faith effort to resolve his debts in a systematic fashion. Clearance is denied.


Financial

07/10/2008

The Applicant is a 29 year old Mail Room Supervisor for a defense contracting company. She is indebted in the amount of approximately $40,000.00. Admittedly, she has experienced some difficult times including identity theft, a separation and divorce, a pregnancy out of wedlock, unemployment and homelessness. However, since 2006, she has been gainfully employed and she still has not addressed her delinquent debts. Sufficient mitigation has not been shown. Clearance is denied.


Financial

07/10/2008

Applicant has long-standing delinquent debts that he has not addressed. Clearance is denied.


Personal Conduct

07/10/2008

Applicant is a 61-year-old employee of a federal contractor. In 2005, he was sued by a former employer for matters arising from his four-month period of employment with the company. The case did not go to trial and it was settled in 2006 without an admission of liability by either party. Applicant presented sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns. Clearance is granted.


Criminal Conduct

07/10/2008

The security concern generated by Applicant's 1996 arrest and conviction for armed robbery has been mitigated by the passage of time and the ample evidence of reform and rehabilitation. Clearance is granted.


Personal Conduct; Criminal Conduct

07/10/2008

Although applicant mitigated the criminal conduct concerns, he failed to mitigate the security concerns arising from his intentional falsification of material facts on a security questionnaire. Clearance is denied.


Drugs

07/10/2008

Applicant has used marijuana for many years, and has indicated he intends to continue using it. Clearance is denied.


Financial

07/10/2008

Applicant admitted responsibility for six delinquent debts, totaling approximately $24,000. His debts became delinquent between 2000 and 2005, and continue to be delinquent. His favorable information is insufficient to show financial responsibility, or that his financial problems are under control. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Personal Conduct; Information Technology

07/10/2008

Applicant read employees' e-mails without justification while working in the information technology department at three companies. He intentionally omitted information in a background interview. Applicant did not mitigate the Personal Conduct and Use of Information Technology Systems security concerns. Clearance is denied.


Financial

07/08/2008

Applicant incurred six debts totaling $25,876 that originated in 2005 - 2006. She offered no documentation that any of her debts have been paid, that she has set up payment plans, or that she has contacted her creditors. Applicant has not mitigated financial considerations concerns. Clearance is denied.


Foreign Preference

07/08/2008

Applicant recently became a naturalized United States (U.S.) citizen and successfully submitted her Taiwanese passport to the Republic of China for cancellation. She and her entire family now reside in the U.S. With regard to two past holidays in Taiwan, Applicant explained that one trip was protracted so she could receive immediate medical care, for which she paid as charged. Clearance is granted.


Drugs; Alcohol

07/08/2008

Applicant's drug abuse between 1999 and March 2007 is mitigated by the infrequent nature of the use in the last four years. Applicant's alcohol abuse has not been mitigated as Applicant continues to consume at binge levels to the point of intoxication several times a month. Eligibility for access to classified information is denied.


Guideline C; Guideline B

07/08/2008

To the extent the Judge erred in his treatment of Guideline C disqualifying conditions, such error is harmless in light of the Judge's sustainable application of Guideline C mitigating conditions. The Judge's consideration of Guideline B was not confined to the possibility of coercive means of influence. Favorable decision affirmed.


Guideline F; Guideline E

07/08/2008

The Board does not review a case de novo. Adverse decision affirmed.


Financial

07/08/2008

This 26-year-employee has mitigated the security concerns under the financial considerations guideline. Applicant served in the military from 2000 until 2004. Her husband left her and the children after they returned home from the military. He took the family car. She paid two delinquent debts and she is paying on the third and last debt for a car repossession. Clearance is granted.


Foreign Preference; Foreign Influence

07/08/2008

Applicant mitigated the foreign preference and foreign influence security concerns arising from her relationship and contacts with Lebanon and Lebanese citizens. Eligibility for access to classified information is granted.


Financial; Personal Conduct

07/08/2008

Applicant failed to mitigate the financial and personal conduct security concerns that exist due to her long-standing financial delinquencies and her failure to disclose the same as required.


Guideline C

07/08/2008

Applicant retains her German passport for personal reasons. 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. Lack of impartiality is not demonstrated merely because the Judge made adverse findings or reached unfavorable conclusions. Proof of error, standing alone, does not demonstrate the Judge was biased or prejudice Applicant has not met this heavy burden of persuasion. The Board's jurisdiction and authority in Applicant's case is limited to reviewing it for compliance with the Directive. The Board does not have the jurisdiction or authority to entertain challenges to the wisdom, legality or constitutionality of provisions of the Directive. . Nor does the Board have jurisdiction or authority to pass judgement on the wisdom or desirability of the guidance provided by the Under Secretary of Defense for Intelligence. The Board does not have jurisdiction or authority to adjudicate an applicant's rights under provisions of the U.S. Code. The Board has reviewed the record in this case and concludes that the Applicant was provided with the rights set forth in the Directive


Guideline H; Guideline J

07/08/2008

Applicant was convicted of drug related offenses, seventeen years apart. The record supports the Judge's unfavorable conclusions. Adverse decision affirmed.


Guideline F

07/08/2008

The board authority to review a case is limited to cases in which the appealing party has alleged the Judge committed harmful error. Adverse decision affirmed.


Financial

07/03/2008

Applicant encountered financial problems after her 2005 divorce. She is recently remarried and makes sufficient income to resolve the accounts. She resolved the smallest delinquent debts and entered into repayment plans for three accounts with larger balances. She has demonstrated a good faith effort to resolve her delinquent accounts. Clearance is granted.


Financial

07/03/2008

Applicant is a 39-year-old employee of a federal contractor. He has a history of financial problems that he has done little to resolve. Clearance is denied.


Foreign Preference; Foreign Influence

07/03/2008

Applicant is a 52-year-old employee of a defense contractor. He was born in Iran and became a U.S. citizen in 1986. All the members of his immediate family are U.S. citizens. His in-laws are citizens and residents of Iran. They are retired, with no connection to the Iranian government, and have applied to immigrate to the U.S. Applicant surrendered his Iranian passport and is willing to renounce his dual citizenship. He has mitigated the Foreign Preference and Foreign Influence security concerns. Clearance is granted.


Personal Conduct; Financial

07/03/2008

Applicant was fired from his previous job in March 2006 for knowingly receiving 18 months of shift-differential pay he was not entitled to. He lied to company personnel about his work shift in February 2006, and continues to conceal the circumstances of his job loss from his family. Applicant also owes about $26,000 in credit card debt incurred after a bankruptcy discharge, $16,000 past due more than 180 days. Personal conduct and financial concerns are not mitigated. Clearance is denied.


Financial

07/03/2008

Applicant incurred state and federal tax liens exceeding $52,000. Although he filed his returns, he did not have the money to pay his taxes. Going through a divorce, he increased the number of deductions to have more disposable income. He is paying down his tax liabilities with federal and state officials and is current in his payments. He has sought the services of a nationally recognized tax resolution company and sought financial counseling through his Employee Assistance Program. He has successfully mitigated this concern by demonstrating he has the resolve and wherewithal to resolve his past tax difficulties. Also taken into account were the positive comments of his supervisors, and the whole person concept. Clearance is granted.


Financial

07/03/2008

Applicant is a 43-year-old employee of a federal contractor. She has a history of financial problems that she has done little to resolve. Clearance is denied.


Financial

07/03/2008

Applicant incurred 11 debts exceeding $23,000 after being awarded a Chapter 7 bankruptcy discharge in 2001. He has successfully mitigated this concern as a result of aggressively resolving or paying these debts. Applicant sought financial counseling and established a credible budget. Also taken into account were the positive comments of his supervisors, and the whole person whole person concept. Clearance is granted.


Guideline F

07/03/2008

Applicant's bad debts did not originate from causes outside his control. Department Counsel cites Applicant's decision to pay tuition costs by means of a credit card and his having been fired due to having not mastered his job. These circumstances appear to have resulted from Applicant's own conduct rather than from events that intruded upon him. The fact that Applicant has permitted the three remaining debts to linger despite a net worth in excess of $200,000 undermines the Judge's conclusion that he has acted reasonably in response to his debts. There is no record evidence of financial counseling, nor does the record support a conclusion that there are "clear indications" that Applicant's financial problems are being resolved. The Board notes Applicant's testimony at the hearing that he does not keep track of his finances, having turned that responsibility over to his wife. Applicant has not demonstrated a good faith effort to pay off his delinquent debts, relying on the statute of limitations and the fact that his debts have been charged off. Favorable decision reversed


Foreign Influence

07/03/2008

Applicant was born in Nigeria in 1968, moved to the United States in 1992, and became a naturalized United States citizens in 2003. Applicant's wife is citizen of Nigeria and a medical doctor, who plans to become a U.S. citizen when eligible. His two children are U.S. citizens. Applicant received his Master's and Ph.D. Degrees in the United States. Applicant has family members, who are citizens and residents of Nigeria. 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.


Financial; Personal Conduct

07/03/2008

Applicant failed to mitigate the financial considerations and personal conduct concerns that exist due to her long-standing delinquent debt and failure to disclose the same in a Questionnaire for Public Trust Position she submitted.


Financial

07/03/2008

Applicant inherited between $225,000 and $250,000 from his father. He squandered it and found himself deeply in debt. At the hearing, he asserted that all delinquent debts were paid or being paid, but he offered no documentary evidence regarding four debts. He has the ability to pay off all debts in full, but he has not done so. Clearance is denied.


Guideline E; Guideline M; Guideline J

07/03/2008

The Judge found that Applicant violated company policy by viewing sexually explicit websites from work at three different employers, two of whom fired him for the conduct. Applicant falsified an EQNSP and lied to an OPM investigator. Adverse decision affirmed.


Guideline G; Guideline E; Guideline J

07/03/2008

Applicant has two DUI arrests and convictions from incidents in 2005 and 2006. He was diagnosed and treated for alcohol dependence but did not complete follow-up care. He used marijuana and cocaine from 2001 to 2005 while holding a security clearance. He falsified a security clearance application. Adverse decision affirmed.


Guideline J; Guideline E

07/03/2008

The Judge's decision explicitly discussed Applicant's explanations for his false statements. Given the record before him, the Judge's adverse conclusions are sustainable. Adverse decision affirmed.


Personal Conduct

07/03/2008

Applicant went to two sessions with a marriage counselor at his spouse's request and consulted with a physician twice on the referral of the marital therapist in late spring 2005. He did not report it on his June 2005 e-QIP or in a January 2006 interview, but personal conduct concerns are not proven in the absence of deliberate concealment. Clearance is granted.


Personal Conduct; Criminal Conduct

07/2/2008

Since 1994, applicant has been arrested five times and convicted twice of Assault and Battery. She concealed the fact she was facing criminal charges when she completed a security questionnaire in 2007. Clearance is denied.


Personal Conduct

06/30/2008

Applicant's concealment of his affair and out-of-wedlock child from his wife, his desire to continue that concealment, and his active steps taken to continue that concealment—through concealing the fact of his clearance hearing—demonstrates his potential vulnerability to exploitation, manipulation, or duress. Clearance denied.


Personal Conduct

06/30/2008

Applicant is 39 years old and not married. He had a seven-year relationship with a woman he met over the internet, but never met in person. He became engaged to her and sent her substantial sums of money during those seven years. Although he lost access to sensitive compartmented information (SCI) with another Defense agency as a consequence of it, he continued the relationship for another year while working for his current employer, another defense contractor. He failed to mitigate the security concerns raised under Guideline E, pertaining to Personal Conduct. Clearance is denied.


Foreign Influence

06/30/2008

Applicant, who was born and raised in the People’s Republic of China, works for a defense contractor. She is a U.S. citizen. Her husband and children reside in the U.S. and are U.S. citizens. Her mother, two brothers and half-sister are citizens of and reside in the People’s Republic of China. Her mother and half-sister are retired, but her brothers are working in industry. Her in-laws reside in and are residents of the People’s Republic of China. Applicant maintains a normal relationship with her family members as does her husband. Between 2000 and 2007, Applicant visited her family members on three occasions, although she only visited with her half-sister on one occasion. She has not mitigated the government’s security concerns about her foreign influence. Eligibility for a security clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

06/30/2008

Twenty-five-year old Applicant illegally purchased, used, or sold a broad number of illegal or controlled substances or prescription drugs, including narcotics, stimulants, hallucinogens, and cannabis, during May 2002 through September 2007. He intentionally began to experiment with a number of substances while in college, but continued to use marijuana after graduation and after becoming employed by a defense contractor. Although he has abstained for nine months, considering his lengthy period of substance abuse, his period of abstinence is too brief and too recent to conclude there is no likelihood of recurrence. Clearance is denied.


Foreign Influence

06/30/2008

Applicant was not subject to foreign influence through her limited contacts with family and friends living in Russia, because she renounced her Russian citizenship and abandoned everything she had in Russia to obtain political asylum in the U.S. nearly 30 years ago. Clearance granted.


Foreign Influence; Foreign Preference

06/30/2008

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 some of her family contacts, her close and continuing contacts with her sister and grandmother in Iran subjects her to potential foreign influence. Clearance denied.


Foreign Preference

06/30/2008

Applicant's possession of a current foreign passport and her intention to renew it after it expires render her an unacceptable candidate for a security clearance. Clearance is denied.


Financial

06/30/2008

Security concerns are raised pertaining to Applicant's history of financial irresponsibility as evidenced by two delinquent accounts in the amount of $5,552 and $8,859. Applicant entered into a repayment plan with regard to the $5,552 debt. She has paid over $1,000 towards the balance of this debt and is making her payments as agreed. She is liable for the second debt as a co-signer for an automobile loan which her daughter defaulted. Applicant resolved two other debts prior to the issuance of the SOR. She does not live beyond her means. She has demonstrated a good faith effort towards resolving her financial accounts. Clearance is granted.


Foreign Preference; Foreign Influence

06/30/2008

Applicant's application for, and use of, a Nigerian passport after becoming a U.S. citizen was mitigated by his subsequent renunciation of Nigerian citizenship and surrender of the passport. He was not subject to foreign influence based on his contacts with his brothers in Nigeria. Clearance granted.


Financial

06/30/2008

While Applicant owes only two creditors about $13,000.00, she has taken no action in about seven years to repay these two creditors. Though she has finally admitted she owes both debts, she has demonstrated by her statements, she has no intention of repaying either creditor. Eligibility for access to classified information is denied.


Drugs

06/30/2008

Applicant's positive changes in lifestyle, including a change in location, and his abstinence from drug use demonstrated his intent to be drug free in the future. Clearance granted.


Financial

06/30/2008

Applicant accumulated numerous debts between 1999 and 2002 because of job relocations, maintaining two households and incurring travel expenses while working away from her spouse's residence, and damage by renters to one of her homes. All debts were solely in her name because her spouse had bad credit. When she divorced in June 2005, she assumed most of the marital debt. She entered a debt management program in November 2005, and she negotiated payment plans for three large debts not included in the debt management program. Clearance is granted.


Financial

06/30/2008

The repetitive and ongoing nature of Applicant's financial problems render him an unacceptable candidate for a security clearance. Clearance is denied.


Foreign Influence

06/30/2008

Applicant was arrested and convicted of felony shoplifting, along with several teenage friends. She was left with the impression the matter was to be expunged. She never noted the incident during later job screenings, so she assumed the matter had been erased from her record. She denied having been convicted of a felony eight years later when completing a security clearance application. Applicant demonstrated that her denial was not without basis and mitigated security concerns regarding the underlying conviction. Clearance is granted.


Criminal Conduct; Personal Conduct

06/30/2008

Applicant was arrested and convicted of felony shoplifting, along with several teenage friends. She was left with the impression the matter was to be expunged. She never noted the incident during later job screenings, so she assumed the matter had been erased from her record. She denied having been convicted of a felony eight years later when completing a security clearance application. Applicant demonstrated that her denial was not without basis and mitigated security concerns regarding the underlying conviction. Clearance is granted.


Criminal Conduct

06/30/2008

Applicant was arrested for, and convicted of nine criminal offenses between 1979 and 2005. He remains on probation from his latest conviction for driving while intoxicated. Eligibility for access to classified information is denied.


Security Violations; Personal Conduct

06/30/2008

Applicant used his computer for classified work at an unauthorized location and added a memory stick to his system without authorization. He misled a security official by stating he had authority to use his computer for classified work at that location. He admitted to several investigators that he intentionally misled the security official, but he recanted those admissions at the hearing. Security concerns based on the security violations are mitigated, but security concerns based on personal conduct are not mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

06/30/2008

Applicant's application for a Russian passport was mitigated because she only obtained the passport to accomplish certain legal actions—including renunciation of her Russian citizenship—that could not be accomplished without proving her Russian citizenship. She was not subject to foreign influence because of her limited contacts to family members living in Russia. Clearance granted.


Alcohol; Personal Conduct

06/30/2008

Applicant has a history of four proven alcohol-related incidents between 1978 and 2005. Despite inpatient treatment for diagnosed alcohol dependence and recommended abstinence and AA meetings in 2002, and additional outpatient treatment in 2004, Applicant relapsed and resumed drinking at abusive levels until August 2005. Applicant entered an outpatient program in August 2005 and with the help of AA and continued aftercare, he has maintained his sobriety, retained a sponsor, and earned a two year chip to commemorate his sustained abstinence. The favorable prognosis he received from his outpatient treatment providers in 2006 was conditioned on his sustaining lifestyle changes and has not been updated. Without a positive updated prognosis, risks of recurrence remain, given his long history of alcohol abuse and dependence and treatment relapses. Government security concerns about his history of alcohol abuse and dependence continue, and it is too soon to make safe predictive judgments about Applicant's recurrence risks. Applicant fails, too, to mitigate security concerns associated with his arrest omissions in his completed e-qip. Clearance is denied.


Foreign Preference, Foreign Influence, Personal Conduct

06/30/2008

Applicant was born in Jordan and immigrated to the United States. He became a U.S. naturalized citizen in 1990 and established many connections to the United States. After obtaining U.S. citizenship, he traveled to Jordan on a Jordanian passport that he renewed in 1999. He has one brother living in Jordan. His deceased parents left Applicant and his three siblings a piece of real estate in Jordan worth $500,000. He denied that he intentionally failed to disclose that he traveled to Jordan in 2000, using his Jordanian passport. He mitigated the security concerns raised under Foreign Preference, Foreign Influence and Personal Conduct. Clearance is granted.


Drugs

06/27/2008

Applicant failed to mitigate the security concern caused by his use of marijuana while possessing a security clearance.


Drugs

06/27/2008

Applicant is a 24-year-old employee of a federal contractor. He has a history of illegal drug involvement (mostly marijuana) from about September 2000 to December 2006. He used marijuana about 200 times during this period, which includes while he was employed in the defense industry. His corrective actions are noteworthy, but not sufficient to overcome the poor judgment he demonstrated by his regular use of marijuana over several years. It is too soon to tell if he has made a permanent change in his behavior. Clearance is denied.


Foreign Influence

06/27/2008

Applicant was born in the United States, but raised in India. He returned to the U.S. after he graduated college in 2005. He has mitigated the foreign influence concerns raised by his parents and brother residing in India. Clearance is granted.


Financial

06/27/2008

Applicant successfully mitigated the financial considerations concern that existed in this case.


Financial; Personal Conduct

06/27/2008

Applicant's approximately $18,000 of delinquent debt that appears on her credit reports, and her failure to list it on a 2007 security clearance application generate financial considerations and personal conduct security concerns. The omissions occurred because of a misunderstanding between her and her company's facility security officer. Nearly all of her delinquencies were accrued by her spendthrift ex-husband during their marriage, and her efforts at satisfying it have been sidetracked by his failure to pay child support. She is current on all of her present monthly bills, and is continuing to seek legal action against her husband to compel him to pay child support. She has mitigated both security concerns. Clearance is granted.


Financial

06/27/2008

Applicant incurred six debts totaling approximating $27,337 after being granted a Chapter 7 bankruptcy discharge in 2003. He had previously filed for Chapter 7 bankruptcy in 1993, and Chapter 13 bankruptcy in 1999. His Chapter 13 bankruptcy was dismissed in 2002. Applicant's financial history and lack of favorable evidence preclude a finding that he has a track record of financial responsibility. Furthermore, his evidence shows he is not in control of his financial situation and it is likely he will continue to have financial problems in the future. Clearance is denied.


Drugs; Alcohol; Personal Conduct; Criminal Conduct

06/27/2008

Applicant failed to mitigate allegations of drug involvement concerning use of, and conviction for, possession of cocaine while holding a security clearance; alcohol consumption resulting in three DWI's; and criminal conduct arising from the first two guidelines. He mitigated the personal conduct allegation by showing failure to report all cocaine uses on his SF 86 was not deliberate since he had reported one use while holding a security clearance. Clearance is denied..


Foreign Influence

06/27/2008

Applicant and his entire family immigrated to the U.S. in 1975, where he decided to devote his professional life to support the defense industry. In 2003, he married a citizen and resident of Vietnam. Although she has since become a U.S. citizen, her immediate family and estranged son remain in Vietnam. Applicant's demonstrated adherence to all reporting requirements during his courtship and his longstanding loyalty to the U.S., in conjunction with the minimal contact maintained with Applicant's in-laws, mitigate security concerns. Clearance granted.


Foreign Influence; Foreign Preference

06/27/2008

Applicant's parents, five siblings, parents-in-law, and brother-in-law are all citizens and residents of Iran. The government of Iran has committed numerous, serious human rights abuses against its people. It is considered the world's leading state sponsor of terrorism. Applicant surrendered his Iranian passport and is willing to renounce his dual citizenship. He has mitigated Foreign Preference concerns, but he has not mitigated the security concerns raised by his foreign ties and connections. Clearance is denied.


Financial; Personal Conduct

06/27/2008

Applicant had delinquent debts totaling $27,304. He was not aware of some of the debts. Applicant contacted his creditors and initiated a formal dispute with some of them. Applicant has paid his medical accounts. He has a plan of action for the remaining debts. He did not deliberately falsify his answer to Question 28 on his security clearance application in 2006. Mitigation has been adequately established. Clearance is granted.


Guideline F; Guideline B

06/27/2008

The Judge found that Applicant had a lengthy and serious history of not meeting financial obligations. Applicant still owed significant amounts on delinquent debts. Thus the Judge could reasonably conclude Applicant's financial problems were still ongoing. Adverse decision affirmed.


Criminal Conduct

06/27/2008

Applicant failed to mitigate the criminal conduct security concerns raised by his aberrant sexual behavior and convictions. Eligibility for access to classified information is denied.


Guideline E; Guideline J

06/27/2008

The Judge's favorable application of the whole person concept is not sustain able on this record. Her conclusion relied on her characterization of Applicant's four Article 15s, seven traffic infractions and four theft-type offenses as minor and out of character. Favorable decision reversed.


Personal Conduct

06/27/2008

This 57-year-employee has held a security clearance for many years. He was employed in the defense industry for 22 years. He served in the military. However, Applicant intentionally falsified his security clearance application in September 2005 when he omitted important information from his answers to questions 22 and 23. He also falsified an employment application in 2005 and his response to DOHA interrogatories in 2008. Applicant has not mitigated the security concerns under the personal conduct guideline. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

06/27/2008

Between 1985 and 2006, the police arrested Applicant eight times, primarily for alcohol-related offenses. Twice while a participant in alcohol counseling programs, Applicant stopped drinking alcohol. Once he completed the program, he resumed his alcohol consumption, which he intends to do in the future. Applicant falsified his answers on his SF-86. Applicant has not mitigated the government’s security concerns under Guidelines J, G and E.


Foreign influence

06/26/2008

Applicant’s close family ties to immediate family members in Taiwan raise a security concern. These ties consist of maintaining close and frequent contact with his mother and two brothers by frequent telephone contact and annual visits. Applicant also inherited land in Taiwan, which he still owns. Although Applicant has lived in the U.S. since 1994, been a U.S. citizen since 2005, and is married with two U.S. born children, he was unable to mitigate security concerns raised. Clearance is denied.


Foreign Influence; Foreign Preference

06/26/2008

Applicant failed to mitigate the foreign influence and foreign preference concerns that exist in this case due to his wife's family ties to the People's Republic of China, his financial interest in China, and his likely retirement in China.


Financial

06/26/2008

Applicant had a history of overdue debts. The debts have now been resolved. Her indebtedness was due to her signing or cosigning debts at the request of her mother, and not for the benefit. Her financial situation is now stable and current. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

06/26/2008

Applicant abused marijuana daily, LSD about 50 times, and cocaine, psilocybin, mescaline, and a synthetic drug equivalent to ecstasy experimentally between 1967 and 1971. His marijuana use continued, in recent years once or twice a year, until June 2006. As of January 2007, he expected to continue to use marijuana at that rate. He now intends to abstain, but it is too soon to conclude that his drug abuse and related poor judgment concerns are fully mitigated. Clearance is denied.


Criminal Conduct; Personal Conduct

06/26/2008

Criminal conduct concerns raised by his felony drug conviction are mitigated by the passage of time and compliance with sentencing terms. Personal conduct concerns persist because he denied any felony charges or convictions when he applied for a security clearance. Eligibility for a security clearance is denied.


Financial; Personal Conduct

06/26/2008

Given Applicant's seven-year history of financial difficulties, she has failed to mitigate the financial guideline. In addition, Applicant's dishonest acceptance of approximately $10,000.00 in unemployment compensation she was not entitled to has not been mitigated either. Eligibility for access to classified information is denied.


Drugs; Security Violations; Personal Conduct

06/26/2008

Applicant is a 52-year-old engineer for a defense contractor. He smoked marijuana for many years while holding a security clearance. He stated on three separate occasions that he would no longer use illegal drugs and then returned to smoking marijuana. He committed three security violations in 2005. Clearance is denied.


Financial

06/26/2008

Applicant's long history of financial irresponsibility renders him unsuitable for access to classified information. Clearance denied.


Financial

06/25/2008

Applicant has significant past due debts. She has not made payment arrangements with any of her creditors, and has no reasonable plan to take care of her past due debts. She is not currently eligible for a security clearance. Clearance is denied.


Foreign Influence

06/25/2008

The Applicant is a 51 year old Engineer for a defense contracting company. His frequent and continuing contact with his foreign contacts that include his sister, nephew, and uncle who reside in and are citizens of Iran pose a security risk. This strong bond of affection with his family in Iran could potentially cause the Applicant to become subject to foreign exploitation, inducement, manipulation, pressure or coercion. Insufficient mitigation has been shown. Clearance is denied.


Foreign Influence

06/25/2008

The Applicant is a 49 year old Mechanical Engineering Design Manager for a defense contracting company. His frequent and continuing foreign contact with his mother, father, brother, sister, and to a lesser extent his wife, step-son, father-in-law, mother-in-law who are either citizens of and/or reside in Iran or both, pose a security risk. This strong bond of affection with his family in Iran could potentially cause the Applicant to become subject to foreign exploitation, inducement, manipulation, pressure, or coercion. Insufficient mitigation has been shown. Clearance is denied.


Guideline E, Guideline D; Guideline J

06/25/2008

The Judge found: In 2006, Applicant was removed from a project and his employment was terminated following an investigation by the Navy which determined that Applicant had committed Sexual Battery on a fellow employee. Applicant testified that he had lied about the incident to a Naval investigator, and executed a false statement because he was afraid that he would lose his job and his coworkers would think he was a homosexual. He did not admit to the incident until he was in the process of undergoing a polygraph examination. Adverse decision affirmed.


Guideline F

06/25/2008

Applicant's reliance on the unenforceability of his debts under a state statute of limitations fails to demonstrate that the Judge erred. Security clearance decisions are not controlled or limited by such statutes of limitation. Adverse decision affirmed.


Financial; Personal Conduct

06/24/2008

Applicant is a 50-year-old security officer for a federal contractor. He has numerous delinquent debts and judgments that have remained unpaid for years. He has the income and assets to resolve the delinquencies but has not. Applicant deliberately falsified information on his security clearance application. Clearance is denied.


Financial

06/24/2008

Applicant failed to mitigate the security concern that arises from his financial irresponsibility.


Financial

06/24/2008

Applicant failed to mitigate the security concern that arises from his long standing financial irresponsibility.


Drugs; Personal Conduct

06/24/2008

Applicant was alleged to have drug involvement concerning use of marijuana and cocaine while in college ending in 2003 and misuse of prescription drugs in a manner inconsistent with approved medical direction between 2003 and 2007. He mitigated the college use by passage of time but the misuse was not sufficiently mitigated by passage of time. He also mitigated two of three allegations of personal conduct for possession of alcohol as a teenager and deliberately setting off a fire alarm while in college through passage of time. He did not mitigate the personal conduct allegation relating to the misuse of drugs. Clearance is denied.


Financial

06/24/2008

Forty-eight-year-old Applicant's debts were discharged in bankruptcy in 1998. His wife lost her job and he voluntarily left active military service to avoid another overseas tour, resulting in periods of unemployment for both of them until 2003. Extensive financial delinquencies ensued with accounts sent to collection and property foreclosed. Although they have been gainfully employed since 2003, and currently earn a combined monthly gross income of $10,971, Applicant has refused to make any good- faith efforts to satisfy even the smallest of his debts, preferring that they drop off his credit report after seven years of inactivity. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Foreign Preference; Foreign Influence; Personal conduct

06/24/2008

Applicant's renewal and use of his Nigerian passport after receiving his U.S. citizenship, and failure to take action to renounce his citizenship precludes a finding for Applicant under the foreign preference guideline. Applicant has failed to mitigate the extensive foreign ties he has to Nigeria through his family members on his stepmother's side of the family, and his mother-in-law's side of the family. Because Applicant continues to believe he did not falsify his security form in November 2006, the personal conduct guideline is found against him. Eligibility for access to classified information is denied.


Financial; Personal Conduct

06/24/2008

Since 1999, Applicant has generated approximately $20,000 of delinquent debt. She did not list it, as required on her security clearance application. Her security clearance application responses were based on honest, but mistaken misinterpretations of the questions. Her financial delinquencies remain outstanding, and she has no plan to satisfy them. She has mitigated the personal conduct security concern, but failed to mitigate the financial considerations security concern. Clearance is denied.


Financial

06/24/2008

Applicant is a 48-year-old employee of a defense contractor. She made sporadic payments on her delinquent debts, but did not submit sufficient evidence to mitigate the security concerns raised by her financial history. Clearance is denied.


Financial

06/24/2008

Applicant failed to mitigate financial allegations arising from eight delinquent debts totaling approximately $20,000. The largest is for an auto repossession. Others are for utilities and living expenses. Some arose during periods of unemployment and health problems. While two of the smallest debts have been paid, no credible evidence was offered to indicate the likelihood that others can be paid. Clearance is denied..


Foreign Influence

06/24/2008

Applicant, who was born and raised in Syria, works for a defense contractor. His wife and children reside in the U.S. and are U.S. citizens. His father is a U.S. and Syrian citizen, who lives part of the time in the U.S and part of the time in Syria. His mother and ten siblings are citizens of and reside in Syria. Most, but not all of his siblings work in Syria. His wife’s parents, and six siblings are citizens of Syria. Two sisters-in-law reside in Kuwait. Applicant maintains a normal relationship with his family members. Between 1999 and 2004, Applicant visited his Syrian family members on four occasions. He has not mitigated the government’s security concerns about his foreign influence. Eligibility for a security is denied.


Foreign Influence

06/24/2008

Applicant and his spouse are naturalized U.S. citizens who were born in the Sudan to Sudanese parents. He and his wife each have brothers and sisters who reside in Sudan. His wife's parents currently reside in Egypt. Sudan is a country listed on the State Department's state terrorist list and has been involved in civil war with its populations of the south and west for a number of years. Sudan has a very poor human rights record and is considered to present dangerous travel conditions to travelers from the U.S. and Europe. While Applicant's primary loyalties lie with the U.S., for whom he has worked as a linguist, both his family members and his wife's family continue to be heightened risk to pressure and influence due to the status of Sudan and its relationships with the U.S. Applicant is unable to mitigate any potential risk to undue foreign influence concerns under Guideline B. Clearance is denied.


Alcohol; Criminal Conduct

06/24/2008

Applicant mitigated the alcohol consumption security concerns raised by his alcohol related incidents. Eligibility for access to classified information is granted.


Foreign Preference; Foreign Influence

06/24/2008

Applicant was born in the U.S. to Nigerian parents when they lived in the U.S. while Applicant’s father was in graduate school. Shortly after birth, Applicant’s parents and his older brother, who was also born in the U.S., returned to Nigeria. As a young adult, Applicant returned to the U.S. to attend college and seek work, and took up permanent residency. He joined his older brother, who had already done the same. Applicant’s parents and one younger brother currently remain in Nigeria, which raises foreign influence concerns. Applicant surrendered his Nigerian passport and expressed a willingness to renounce his Nigerian citizenship. Applicant successfully mitigated foreign influence and foreign preference concerns. Clearance is granted.


Financial

06/23/2008

Applicant is a 33-year-old engineer for a defense contractor. Applicant enrolled in a premier engineering university in 2003, and made a conscious decision to not pay the debts he had accrued. He graduated and started his current job in 2007, but has not yet started to address his delinquent debts, totaling in excess of $34,000. He did not mitigate the security concerns raised by his financial history. Clearance is denied.


Drugs; Criminal Conduct

06/23/2008

Applicant is a 24-year-old employee of a defense contractor. He used illegal drugs, mostly marijuana, until March 2007. He graduated college, obtained a good job, and firmly stated that he will not use illegal drugs again. However, Applicant has not been drug-free long enough to mitigate the security concerns arising from his drug use and criminal conduct. Clearance is denied.


Foreign Influence

06/23/2008

Applicant is a 47-year-old engineer for a defense contractor. His two brothers and two sisters are citizens and residents of Iran. The government of Iran has committed numerous, serious human rights abuses against its people. It is considered the world's leading state sponsor of terrorism. Applicant has not mitigated the security concerns raised by his foreign ties and connections. Clearance is denied.


Financial

06/23/2008

Applicant accumulated 26 delinquent debts totaling about $44,861. She resolved four delinquent student loans, but has not resolved the remaining 22 debts totaling $32,244. Clearance is denied.


Drugs

06/23/2008

The Applicant is a 25 year old Payload Systems Engineer for a defense contracting company. His use of marijuana, that occurred mainly during college, from August 2003 through May 2007, has been mitigated. He has not used marijuana for a year and has no intentions of ever using it again. Sufficient mitigation has been shown. Clearance is granted.


Financial

06/23/2008

Applicant accumulated a number of delinquent debts over a number of years attributable to her husband's disability, her own time off work for medical reasons, and her increased expenses attributable to caring for her son and grandchildren. Some of her debts are aged and may be barred by her state's statute of limitations. Without necessary documentation to support her disputed debts, payments, and payment plans, she lacks the corroboration necessary to mitigate security concerns over all of her listed outstanding debts. Clearance is denied.


Drugs; Personal Conduct

06/23/2008

Applicant is a 48-year-old employee of a federal contractor. He has a history of illegal drug involvement (marijuana) from about October 2001 to March 2008. He used marijuana during this period while holding a security clearance. His drug abuse is too frequent and too recent to be mitigated. His recent corrective actions amount to the first step to reestablishing his record as a law-abiding citizen, and his actions are not a substitute for an established track record of reform and rehabilitation. Clearance is denied.


Financial

06/23/2008

Applicant owed seven debts totaling approximately $15,000. Five of the debts have been paid and she is paying the remaining two. After a thorough review of the case file, pleadings, exhibits, and evidence, I conclude Applicant has rebutted or mitigated the government’s security concerns under financial considerations. Eligibility for access to classified information is granted.


Foreign Preference; Foreign Influence

06/23/2008

Applicant is a dual citizen of the U.S. and France, having been born in the U.S. of French parents. His parents, two brothers, sister-in-law, fianc‚e, and several friends and associates are citizens and residents of France. His future father-in-law is employed by the French government. He possesses a French passport and uses it to enter and exit France when he visits his family and fianc‚e. Clearance is denied.


Financial; Personal Conduct

06/23/2008

Applicant admitted a variety of delinquent debts. He took no action on the debts until he filed for a Chapter 13 bankruptcy after the hearing. He did not show responsible action towards his debts indicating that he would not take responsible action in regard to classified information. He did not deliberately provide incomplete information on his security clearance application. Clearance is denied.


Financial; Criminal Conduct; Alcohol; Personal Conduct

06/23/2008

Applicant's extensive history of criminal and civil infractions, and his ongoing financial problems render him an unacceptable candidate for a security clearance. Clearance is denied.


Foreign Influence

06/23/2008

The Applicant is a 52 year old Corporate Engineer for a defense contracting company. His minimal foreign contacts that include his younger brother and elderly sister who are citizen and reside in Taiwan do not pose a security risk. Sufficient mitigation has been shown. Clearance is granted.


Financial

06/23/2008

Applicant is a 34-year-old employee of a federal contractor. She has a history of financial problems, but she presented sufficient evidence to mitigate the security concerns. Clearance is granted.


Information Technology; Personal Conduct

06/23/2008

Applicant abused his Internet access privileges while working as a systems administrator on a government installation in 2004. He repeatedly accessed sexually explicit adult web sites in violation of government policy and a written agreement authorizing Internet access for business purposes only. Clearance is denied.


Foreign Influnece

06/23/2008

Applicant mitigated the foreign influence concerns that arose in this case because of his family ties to Sudan.


Foreign Influence

06/20/2008

The Applicant is a 38 year old Mechanical Engineer for a defense contracting company. He was born in Hong Kong, but moved to the United States at the age of ten when he was adopted by his uncle. His biological father is a citizen and resident of Hong Kong, however the Applicant has minimal contact with him and no parental relationship. Applicant does not consider himself to be a part of the Chinese culture and has severed all ties with Hong Kong. Applicant's adopted father, biological mother, wife and children are all United States residents and citizens of the United States. Sufficient mitigation has been shown. Clearance is granted.


Criminal Conduct

06/20/2008

The Applicant had two criminal incidents in 1983, when he was 18 years old. His arrest and conviction in 2006 was an aberration after 20 years of blemish free life and career in the Defense industry. Sufficient mitigation has been shown. Clearance is granted.


Financial

06/19/2008

Applicant accumulated a significant amount of debt over the past seven to eight years. Until recently, he had not intended to resolve the debts, but instead, had decided to allow them to become legally unenforceable. Although he subsequently paid some debts, the bulk of the debts remain unresolved or unpaid. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Financial: Personal Conduct

06/19/2008

Applicant owes more than $15,000 in delinquent debt that she has made little effort to repay. Plans to resolve her debt through a debt consolidation plan are not enough to mitigate the financial concerns where she is operating at a net deficit each month. Personal conduct concerns are raised by her deliberate omission of delinquent debt from her security clearance application. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

06/19/2008

From 1997 to 2003, while in the Army, Applicant smoked marijuana approximately 15 or 20 times, and once used cocaine, generating drug involvement, criminal, and personal conduct security concerns. His substantial rehabilitation and the passage of time outweigh the nature, extent and serious of the conduct. Clearance is granted.


Guideline H

06/19/2008

The Judge's favorable decision does not address Applicant's June 2007 statement that he intends to continue using marijuana. The Judge also overlooked evidence of Applicant's continued use after drug testing. Favorable decision reversed.


Financial

06/19/2008

Applicant mitigated the security concerns raised under Guideline F that arose as a result of periods of unemployment, underemployment and the mismanagement of her finances. She presented evidence that she recently entered into a debt repayment plan that will resolve over half of the debts and previously investigated other debts, resulting in their disposal. Clearance is granted.


Guideline F

06/19/2008

The Judge found that Applicant had 18 delinquent debts. At the time of the hearing the debts had not been discharged. The Judge could reasonably conclude Applicant's financial probl;ems were ongoing. Adverse decision affirmed.


Financial

06/19/2008

Security concerns about Applicant's delinquent credit card debts are mitigated. Applicant is repaying or otherwise resolving his debts, has sufficient positive cash flow and net worth to complete his corrective actions and avoid future delinquencies, and has a lengthy record of personal and professional stability indicative of reliability and trustworthiness. Clearance is granted.


Alcohol

06/19/2008

Applicant is 38 years old and employed by a defense contractor. He has three Driving Under the Influence of Alcohol and another alcohol-related incident in his background, the last incident occurring in May 2005. Applicant failed to provide sufficient evidence to mitigate the security concerns raised by his alcohol consumption. Clearance is denied.


Guideline C; Guideline B

06/19/2008

The Judge's favorable decision did not address significant contrary record evidence regarding among other thing applicant's close relationship with his in-laws who still reside in Iran. Testimony regarding hypothetical situations, standing alone, is of limited value, unless there is record evidence that applicant has acted in a similar manner in the past in comparable situations or that applicant has a previous track record of complying with security regulations and procedures in the context of dangerous, high-risk circumstances in which he made a significant contribution to the national security. Favorable decision reversed.


Guideline G

06/19/2008

There is a rebuttable presumption that federal officials and employees carry out there duties in good faith. A party seeking to rebut that presumption has a heavy burden of persuasion on appeal. DOHA proceedings are civil in nature and applicants are not entitled to the procedural protections afforded to criminal defendants. Therefore claims of ineffective assistance of counsel are of no moment. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

06/19/2008

Applicant is a 33-year-old employee of a defense contractor. He was convicted at a Special Court-Martial in 2005, of violating a general order and adultery. He has been untruthful about his criminal acts, including providing false testimony at his hearing. Applicant failed to mitigate the security concerns raised by his criminal conduct. Eligibility for access to sensitive information is denied.


Criminal Conduct; Alcohol; Personal Conduct

06/17/2008

Applicant was caught driving drunk in March 1996, December 1997, and January 2006. The alcohol-related criminal conduct and alcohol consumption concerns are not fully mitigated. He drank irresponsibly after his third DUI and while in court-ordered counseling. He omitted the 1996 and 1997 offenses from his February 2006 security clearance application, but it was not willful since he reported the pending DUI charge and believed he had to disclose only those offenses that occurred in the last seven years. Clearance is denied.


Financial; Personal Conduct

06/17/2008

Applicant developed serious financial problems after he lost his job when his company ceased operations in 2004. Although he has returned to work full-time, his income is $28,000 less than he earned in 2004. He barely pays his current monthly expenses. He lacks any income to repay his old debts. He did not deliberately falsify his answers to his SF-86. Applicant has not mitigated the government’s security concerns under Guideline F. Clearance is denied.


Financial; Personal Conduct

06/17/2008

Applicant had delinquent debts discharged in bankruptcy in 2004. He has accumulated new debts that are delinquent. He intentionally and deliberately failed to divulge his bankruptcy, judgments, and delinquent debts on his security clearance application. He failed to mitigate the security concerns raised under the financial consideration and personal conduct guidelines. Clearance is denied.


Foreign Preference; Foreign Influence

06/17/2008

The foreign preference concerns are mitigated by Applicant's convincing statements and action in renouncing and destroying his ID Card and foreign passport. The foreign influence concerns are assuaged through the strong ties Applicant has developed in the U.S. for t the past 20 years. He received his graduate education in the U.S., and has compiled an impressive job performance record over the last 13 years. Eligibility for access to classified information is granted.


Foreign Influence

06/17/2008

Applicant is a U.S. citizen by birth who married a foreign national from the PRC in 2005. His wife's son from a prior marriage resides with them, and she is currently renewing her green card and PRC passport. His wife's family (parents and sister) are citizens and residents of the PRC (a country competitive with the U.S., which has a poor human rights record and is known to target U.S. companies for collection of high tech information and material). While Applicant's primary loyalties lie with the U.S., his wife and family members present heightened risks due to the status of the PRC and its relationships with the U.S. Applicant is unable to mitigate any potential risk to undue foreign influence concerns under Guideline B. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

06/17/2008

Following his divorce in 1999 and unbeknownst to him, unpaid debt in his name accumulated in 2000. In 2006, Applicant learned about this old, unpaid debt. He tried to obtain information from the creditors to determine if the debt belonged to him, but all except one creditor have refused to provide him with specific information about the debts. Because of conflicting evidence about his debts, the government did not establish its case as to three allegations in the SOR. Applicant has mitigated the government’s security concerns regarding his finances. He did not intentionally falsify his answer on his security clearance. He has mitigated the government’s security concerns under Guideline E. In light of my findings under Guideline E, the government did not establish its case under Guideline J. Clearance is granted.


Financial

06/16/2008

Applicant accumulated a significant amount of debt from 2002 to 2004, as a consequence of her husband's heart surgery a couple years previously. She paid or resolved a large portion of the debt over the last year, and recently entered into a repayment plan to pay the remaining debts. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Personal Conduct; Criminal Conduct

06/16/2008

Applicant has held a security clearance for almost 30 years with the same employer. He had a number of charges in the 1980's and 1990'a for misdemeanor offenses. All of the charges were dismissed or nolle prossed except for two misdemeanor convictions. He did not falsify his security clearance application in 2006. He has mitigated the criminal conduct and personal conduct through the whole person analysis. Clearance is granted.


Alcohol

06/16/2008

Applicant admitted that he binge drinks on occasion. He was convicted of Driving While Intoxicated in November 2006 and in June 2007. His driver's license remains suspended in two states. Although he has taken some steps to address his occasional excessive alcohol use, he failed to mitigate the concerns raised under alcohol consumption. Clearance is denied.


Financial

06/16/2008

The Applicant has a credible plan to resolve his past due debts. He has already paid a substantial amount towards his past due indebtedness and expresses a credible intent not to get himself into such financial straits in the future. The Applicant is eligible for a security clearance. Clearance is granted.


Foreign Preference; Foreign Influence

06/16/2008

Applicant mitigated the foreign preference and foreign influence security concerns arising from his possession of an Armenian special residency document, ownership of investment properties in Armenia, and his relationship and contacts with Armenian and Iranian citizens. Eligibility for access to classified information is granted.


Drugs; Personal Conduct

06/16/2008

Applicant tested positive for use of cocaine in July 2006. He was discharged from the Navy Reserve for use of an illegal drug. He denied knowing use of an illegal drug. He is a family man with an excellent work record. There is no indication of illegal drug use before or after the positive test. He mitigated security concerns for drug involvement and personal conduct.


Foreign Preference; Foreign Influence

06/16/2008

Applicant mitigated the foreign preference and foreign influence security concerns arising from his relationship and contacts with Ecuadorian citizens. Eligibility for access to classified information is granted.


Criminal Conduct; Personal Conduct

06/16/2008

Applicant has a history of four proven criminal offenses between 1994 and 1999. While two of them involve questions of honesty and trust, they are all sufficiently aged to warrant safe predictions their will be no recurrences. Applicant successfully mitigates government security concerns about his history of criminal offenses. His omissions of his most recent offense in his completed trust and SF-86 applications, however, are still quite recent and involve trust .questions as well These omissions are not mitigated. Clearance is denied.


Financial

06/12/2008

Forty-nine-year-old Applicant invested in a limited partnership business venture in about 1982 when such investments were considered legitimate by the IRS. He invested several thousand dollars on an annual basis, and in his income tax returns, claimed the appropriate business deductions, resulting in tax credits and business losses. The IRS subsequently determined the investments were no longer permissible and, following audits, he was assessed large interest and penalty balances for the tax years 1982-86, and large deficiencies were proposed for the tax years 1987-1995. Tax liens were filed and levies were placed. By a combination of agreed payment arrangements and overpaid income taxes, as well as by selling other assets, he satisfied many of the lien balances imposed, and they were released. The liens for the period 1982-85 were refiled in December 1998 and are expected to expire in December 2008 without further action by the IRS. His actions indicate good-faith efforts on his part as well as showing clear indications any problem is now largely under control. Concerns as to his security eligibility and suitability have been satisfied. Clearance is granted.


Foreign Influence

06/12/2008

Applicant was born in Afghanistan and came to live in the U.S. in 1973. His step- mother and nine half-siblings are foreign citizens and residents. He volunteered to serve as an interpreter and cultural expert in support of U.S. forces in Afghanistan. His service there, with an interim clearance, has been superior and performed at great personal risk. Clearance is granted.


Foreign Influence; Foreign Preference

06/12/2008

Applicant has close continuing relationships with his mother, sisters, and four of his brothers, all of whom are citizens and residents of Joprdan. Clearance is denied.


Personal Conduct; Financial

06/11/2008

Applicant has long standing delinquent debts that she has not addressed. She also provided false material information about her financial condition on a security questionnaire. Clearance is denied.


Financial

06/11/2008

The Applicant has a credible plan to resolve his past due debts. He has already paid a substantial amount towards his past due indebtedness and expresses a credible intent not to get himself into such financial straits in the future. The Applicant is eligible for a security clearance. Clearance is granted.


Drugs; Personal Conduct

06/11/2008

Applicant used marijuana from 1995 to 2005, and one time on July 2006, after applying for a security clearance. He credibly testified that he has not used marijuana since July 2006, and based on his more mature outlook and conduct, he has no intention to use any illegal substance in the future. Mitigation has been shown. Clearance is granted.


Guideline E; Guideline J

06/10/2008

The Judge's statements that had Applicant initially been truthful about his marijuana use, he would have been denied his clearance, and that his falsifications were the sole determining factor in the granting of his clearance are problematic. Such language is not the product of reasonable inference, and was speculative. The Board does not evaluate a passage in a decision in isolation. The Board will evaluate passages with reference to the decision as a whole, when determining if the language has any harmful effect. The gravamen of the Judge's adverse security decision was his finding that Applicant deliberately concealed his drug use from the government and did so to put his personal needs ahead of legitimate government interests. The Judge also stressed the importance of truthfulness and honesty in those persons who hold clearances and the desirability of giving clearances to those persons who are willing to be scrupulously honest in dealing with classified information. The Judge's doubts about Applicant's ability to be trustworthy under such circumstances serve as an adequate basis for his ultimate decision. Applicant correctly points out that the Judge's decision was bereft of any mention of Guideline J mitigating factors. As the Judge concluded that Guideline J disqualifying factors were operative in the case, he was obligated to give some indication that he considered Guideline J mitigating factors. Failure to do so was error. However, the Board views this error as ultimately harmless in that the Judge's ultimate decision is supportable given his sustainable analysis under Guideline E. Adverse decision affirmed


Guideline G

06/10/2008

Applicant has failed to articulate a persuasive reason to change the Board's resolution of this case. Adverse decision affirmed.


Guideline J, Guideline E

06/10/2008

The Directive requires that an applicant be given 15 days notice of a hearing in order to properly prepare for it. Applicants can waive that notice under appropriate circumstances which require a discussion of the notice provision at the hearing with a clear statement by Applicant that he is making a knowing and intelligent waiver the 15-day notice requirement. Adverse decision remanded.


Criminal Conduct; Personal Conduct

06/09/2008

Applicant, at the age of 21, was convicted of Attempted Murder First Degree in 1992 with a firearm. He was convicted and sentenced to 22 years incarceration. He served almost 11 years in prison and was released for good behavior in 2002. He is on probation. He was required to undergo a psychological evaluation upon his release. He received a diagnosis of non-specific personality disorder with antisocial and narcissistic traits. He is paying restitution to the victim and to the hospital for the victim's medical bills. While in prison, Applicant completed many self-help courses. He also tutored other inmates. Applicant completed his undergraduate degree in 2005. He is working for a defense contractor who highly recommends him. He is involved in community activities. He underwent psychological testing in 2008 by a licensed clinical psychologist. He is within the normal profile and does not have elevated scales for antisocial or aggressive behavior. Applicant has been in compliance with his probation terms and conditions. He has mitigated the criminal conduct and personal conduct through time and rehabilitation. Clearance is granted.


Financial; Personal Conduct

06/09/2008

Applicant paid ten of thirteen delinquent debts. She is paying two others by payment plan and her student loan is deferred. She did not deliberately provide incomplete information on her security clearance e application. She mitigated security concerns for financial consideration and personal conduct. Clearance is granted.


Foreign Influence; Foreign Preference

06/09/2008

Applicant failed to mitigate security concerns arising from having extensive family in Iran and frequent travels there to visit them over the past seven years. He also has held and continues to hold a passport of Iran which he has used to travel there and does not wish to turn it in or destroy it. Clearance is denied.


Criminal Conduct; Financial

06/09/2008

This 57-year-employee had major illness and unemployment that caused financial difficulties. He filed Chapter 7 bankruptcy in 2005. The petition was discharged the same year. He has worked more than 30 years and is highly recommended by his employer. When he was 17 years old he had a charge for statutory rape but he was not convicted. He also had a conviction from the 1960's for destroying property and robbery. He has not had any other criminal conviction in 40 years. In 2005, Applicant was hunting with his bow and arrow. However, his sons and friends who were using guns had them in Applicant's truck. Applicant was charged with possession of a firearm but the charge was dismissed. Applicant fell behind in child support but he is paying on that obligation now through payroll deduction. He has mitigated the criminal conduct and the financial considerations concern. Clearance is granted.


Foreign Influence; Foreign Preference

06/09/2008

Security concerns raised because Applicant has relatives who are citizens of and reside in Thailand are mitigated. Foreign preference and foreign influence security concerns remain pertaining to Applicant's possession of a valid Thai passport in order to protect property interests in Thailand. Clearance is denied.


Financial

06/09/2008

Applicant failed to make timely payments on some financial obligations starting in about 2001. Her efforts to address her delinquent debt are very recent and not sufficient to mitigate the trustworthiness concerns. Eligibility for a public trust position is denied.


Financial; Personal Conduct; Criminal Conduct

06/09/2008

Applicant's has substantial delinquent debt that he cannot afford to repay. He falsified information about his debts on his security clearance application, constituting a violation of federal law. Eligibility for access to classified information is denied.


Financial; Personal Conduct; Criminal Conduct

06/09/2008

Applicant's debts were caused by his children defaulting on their debts that Applicant or his wife co-signed. Applicant's personal finances are appropriately paid. Applicant is paying two of the debts arising from his children and making arrangements for payment plans on the remaining. He provided information on the security clearance application concerning his finances to the best of his knowledge. Applicant mitigated security concerns for financial considerations, personal conduct, and criminal conduct.


Foreign Influence; Foreign Preference

06/09/2008

Foreign preference concerns are mitigated because Applicant no longer has a valid foreign passport. Foreign influence concerns are not mitigated due to Applicant's ties to family members who are citizens of and reside in Iran, a country that is hostile to the United States. Clearance is denied.


Personal Conduct; Foreign Influence

06/09/2008

At some time in 2000, Applicant befriended a member of the Provisional Irish Republican Army who was imprisoned for gun-running, visiting him in prison and exchanging letters. Applicant disclosed to the prisoner that he was moving to a new job that required a security clearance. The relationship ended in January 2003. The prisoner was deported and they had no further contact. Clearance is granted.


Personal Conduct; Sexual Behavior

06/09/2008

Applicant's history of work-related sexual misconduct and his failure to address its relationship to his departure from a job on his security clearance application generates personal conduct and sexual behavior security concerns that he failed to mitigate. Clearance is denied.


Guideline F; Guideline E

06/06/2008

Given the limited information that was available to Judge, his finding of deliberate falsification is sustainable. The Judge reasonably explained why the evidence in mitigation was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Guideline G

06/06/2008

The Judge found that Applicant has been convicted twice of driving under the influence of alcohol, in 1999 and 2007. The Judge's findings of security significance are sustainable. Adverse decision affirmed.


Guideline C

06/06/2008

Applicant has applied for and received Latvian citizenship and a Latvian passport which she retains in part because she stands to inherit property in Latvia. Between 1997 and 2006 she has traveled to Latvia six times. The favorable evidence cited by Applicant is not sufficient to demonstrate that the Judge erred.


Guideline G

06/06/2008

The Judge's made unchallenged findings that Applicant was arrested for DUI in 2001 and pleaded guilty, arrested again for DUI in 2004 and failed to appear. Applicant is currently on probation and receiving treatment. Adverse decision affirmed.


Guideline F; Guideline J

06/06/2008

The Judge found that Applicant has not sought financial counseling or initiated constructive steps to discharge or otherwise resolve her debts. The Judge noted that Applicant cannot identify a number of her debts by name. As to a $9,362 hospital debt, the Judge found that Applicant has not been able to make any headway in eliciting debt details with the collection agency and her most recent e-mail and telephone exchanges with the creditor have yielded no results, and the status of the debt remains unclear. With respect to two other debts the Judge found Applicant had no success in obtaining financial information from listed creditors. The Judge found that Applicant is barely able to pay her current bills with her current take home pay and living expenses and is considering bankruptcy. As a result, the Judge concluded that she has had difficulty making individual or collective progress on her debt. Given the record the Board concludes the Judge's overall favorable determination is not sustainable. Favorable decision reversed.


Financial

06/04/2008

Applicant has had a history of financial difficulties. He has not resolved the vast majority of his very significant overdue debts. His financial situation is not yet stable. Mitigation has not been shown. Clearance is denied.


Foreign Influence

06/03/2008

Applicant is a native of the People's Republic of China (PRC) who married a PRC national in 2004. Foreign influence concerns persist because his spouse is close to her parents in the PRC, and her father works for, and her mother retired from, a department within the Chinese government. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

06/03/2008

Applicant has lived in Mexico since 2003, and he crosses the U.S. Mexican border each day he commutes to his job in the U.S. He lives with a girlfriend and her son, both of whom are Mexican citizens and residents. His divided interests by having one foot in each country are not clearly consistent with the national interest of the U.S. Clearance is denied.


Financial

06/03/2008

Applicant provided insufficient information to mitigate security concerns raised under financial considerations. The SOR alleged 33 delinquent accounts, with a total approximate balance of $49,126. The government established a prima facie case. While Applicant disputes most of the debts, he did not explain why he disputes the debts. He did not provide any information on the status of the debts which he admitted. Clearance is denied.


Financial

06/03/2008

Forty-three-year-old Applicant with 14 SOR-identified purportedly continuing delinquencies, several of which are duplicates of others; several have been satisfied or otherwise resolved; and some were not his responsibility. The Government attributes substantial importance and credibility to entries in the two credit reports which are garbled and internally inconsistent, with minimum indicia of reliability. The credit reports contain duplicate entries seemingly reflecting one account opened by a creditor and another by a collection agent; information which is not verified as accurate; information which may not apply to Applicant; information which is incomplete or not current; information which is included in violation of FCRA, and information which appears in one report but not in the other. The factual or legal accuracy, currency, or reliability of the information is left to mere speculation. They are unreliable and untrustworthy, and in this particular instance, inaccurate as well. His actions in addressing his debts, while too slow or incomplete for the Government, indicate good-faith efforts on his part as well as showing clear indications any problem is now largely under control. Questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Foreign Preference; Personal Conduct

06/03/2008

Applicant a native-born U.S. citizen demonstrated an unacceptable preference for the U.K. by acquiring U.K. citizenship and obtaining and using a U.K. passport to further his employment interests in the U.K. Clearance denied.


Foreign Preference

06/03/2008

Applicant was born in Lebanon, resided there part-time while a minor living with his parents, formerly held a Lebanese passport, and voted there once in an non- government election. In context, these actions did not demonstrate preference for a foreign country over the United States. Eligibility for access to classified information is granted.


Personal Conduct

06/03/2008

Applicant admitted repeatedly bringing a camera-cell phone into a restricted area, even though he knew carrying this device into a restricted area was prohibited. As a security officer, Applicant’s duty is to enforce security rules. Security concerns pertaining to personal conduct are not mitigated. Eligibility for a security clearance is denied.


Drugs; Personal Conduct

05/30/2008

Applicant's falsifications and drug abuse render him unsuitable for access to classified information. Clearance denied.


Financial

05/30/2008

Applicant's financial difficulties, and his failure to address his delinquent debt in a meaningful fashion, render him unsuitable for access to classified information. Clearance denied.


Financial; Personal Conduct

05/30/2008

Applicant's has substantial delinquent debt that he cannot afford to repay, and has to borrow $1,000 per month from family to avoid further delinquencies. He falsified information about his recent drug use on his security clearance application. Based upon thorough review of the case file, pleadings, exhibits, and testimony, eligibility for access to classified information is denied.


Criminal Conduct; Drugs; Financial

05/30/2008

Applicant has mitigated the criminal conduct and drug involvement concerns due to the passage of time combined with the successful network of help she has found in the church. With the continuing assistance from her church, she will maintain a future that will remain free from criminal behavior and drugs. On the other hand, Applicant has not overcome the adverse evidence under the financial guideline because she has taken no action to resolve any of the past due debts. Given a lack of evidence to support her claim of paying off debts, Applicant's case in mitigation is insufficient to find the financial guideline in her favor. Clearance is denied.


Financial

05/30/2008

Applicant financial problems began in 2000 when his wife became ill. She managed the household finances and hide the problems from him for years. In 2006, he realized the extent of the problems and took over managing the household finances. Instead of filing for bankruptcy, Applicant chose to repay his debts, which he has done. With his current income, he can easily pay his monthly living expenses. Applicant has mitigated the government’s security concerns under Guideline F. Clearance is granted.


Foreign Preference

05/30/2008

Applicant mitigated the foreign preference security concern that existed in this case.


Financial

05/30/2008

When Applicant and his wife divorced, they agreed that Applicant would pay the credit card and furniture debts and his wife would continue to pay the car loan since she was keeping the car. Applicant paid the debts he was required to pay. Applicant's wife did not make all of the loan payments. Credit reports show the delinquent car loan for Applicant but that all of his other debts are paid as agreed. Applicant has not paid the debt since it is his wife's debt based on the divorce. Applicant has mitigated security concerns for financial considerations.


Foreign Influence

05/30/2008

Applicant works in Colombia, South America for a defense contractor. He lives with his wife and daughter who are residents and citizens of Colombia. He has contact with his in-laws who are also citizens and residents of Colombia. Terrorist groups operate in Colombia. Applicant did not present sufficient information to meet his burden to establish that his wife, daughter, and in-laws do not create a security concern. Access to classified information is denied.


Drugs

05/30/2008

Applicant is 52 years old and employed by a defense contractor. Applicant has a 35-year history of purchasing and using marijuana. He failed to mitigate the security concerns raised under Guideline H, pertaining to his drug involvement. Clearance is denied.


Foreign Preference; Foreign Influence

05/30/2008

Applicant was born in Iran, came to the U.S. in 1979, became a U.S. citizen in 1989, and never returned to Iran, even for the funerals of his parents. None of his siblings live in Iran. His wife came to the U.S. in 1977, became a U.S. citizen in 1990, and has visited Iran twice. Her mother, estranged father, a sister, and a half-brother she has never met are citizens and residents of Iran. Applicant destroyed his Iranian passport when he learned it raised security concerns. Clearance is granted.


Financial; Personal Conduct

05/30/2008

Applicant accumulated a significant amount of debt after her husband died. She subsequently filed bankruptcy and is now responsibly managing her finances. She mitigated the security concerns raised under Guideline F. When she completed her security clearance application, she failed to disclose four unpaid judgments. She mitigated the security concerns under Guideline E. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

05/30/2008

Applicant's 10-year history of alcohol abuse was mitigated by her return to responsible levels of drinking, her adopting lifestyle changes to avoid the previously problematic circumstances that lead to her alcohol-related arrests, and the passage of over four years without further legal difficulties. Clearance granted.


Alcohol

05/30/2008

Applicant's return to drinking alcohol after inpatient alcohol treatment in March 2005, raised security concerns under alcohol consumption. Applicant mitigated security concerns based on his proactive effort to seek treatment in August 2007. A clinical psychologist gives Applicant a favorable prognosis as long he remains involved in treatment. Applicant has been sober for more than two and half months. He attends Alcoholics Anonymous meetings daily and attends group meetings on a weekly basis. Applicant mitigated the security concerns due to his honesty pertaining to his alcoholism and his proactive steps to achieve and maintain sobriety. Clearance is granted.


Financial; Personal Conduct

05/30/2008

Applicant has a history of four proven alcohol-related incidents between 1985 and 2003. Despite inpatient treatment and recommended abstinence and AA meetings, Applicant resumed drinking, and continued to drink until January 2008. While it is not clear whether Applicant is alcohol dependent or a chronic abuser, his drinking history and own perceptions point to dependency and require some updated assessment before he can be cleared of recurrence doubts. Based on his prior history of alcohol-related incidents and drinking abuse, it is still too early to determine whether Applicant can sustain his abstinence regimen. Applicant fails to fully mitigate government security concerns about his history of alcohol abuse and possible dependence. He also fails to mitigate security concerns associated with arrest/treatment omissions in his completed SF-86. Clearance is denied.


Foreign Influence; Financial; Criminal Conduct; Personal Conduct

05/30/2008

Foreign influence concerns are not mitigated because Applicant has ties of affection and/or obligation to his sister and father in Guatemala and to an uncle, who is a judge in Guatemala. Financial concerns raised by a 2001 federal tax lien are mitigated by his satisfaction of his delinquent tax debt. He did not file his federal and state income tax returns for tax years 2004, 2005, and 2006 until December 2007. His handling of his tax matters raises personal conduct concerns, but criminal conduct was not established in the absence of willful misconduct. Clearance is denied.


Drugs; Personal Conduct; Criminal Conduct; Financial

05/30/2008

Applicant used marijuana and cocaine while in the Army and was discharged. He has a driving while intoxicated conviction and an unlawfully carrying a weapon conviction. He failed to divulge his drug offense when completing a security clearance questionnaire. He has numerous delinquent debts that he has not resolved. Clearance is denied.


Personal Conduct; Drugs

05/30/2008

Although Applicant's single in-scope use of marijuana was mitigated by the passage of time, his falsifications on his clearance application and background investigations render him unsuitable for access to classified information. Clearnce denied.


Financial; Criminal Conduct

05/30/2008

Applicant failed to mitigate the security concerns arising from her financial considerations, criminal conduct, and lack of credibility. Eligibility for access to classified information is denied.


Financial

05/30/2008

Applicant failed to mitigate the financial considerations security concern that arises from his numerous severely delinquent accounts.


Personal Conduct; Information Technology

05/30/2008

Applicant is a 41-year-old employee of a federal contractor. He was terminated from two jobs with federal contractors in 2003 for workplace misconduct. He failed to provide a complete accounting of the reasons for his terminations in response to a question on a security-clearance application he completed in 2006. Instead, he gave reasons for his terminations in the light most favorable to him. His explanations for his incomplete responses are not credible. He failed to present sufficient evidence to rebut, extenuate, explain, or mitigate the security concerns. Clearance is denied.


Financial

05/30/2008

Credit reports show Applicant has four delinquent debts. Applicant presented information that two of the debts have been paid in full. He presented credible documentation of reasonable disputes on the other two debts. He presented sufficient information to mitigate financial considerations security concerns.


Financial; Personal Conduct

05/30/2008

Applicant has delinquent debts after he and his wife had financial problems. He has only recently tried to contact creditors to make arrangements for payment plans. He has yet to reach agreement and has not started to make any payments. He has not mitigated financial considerations security concerns. He mitigated security concerns for incomplete answers on his security clearance application and for being administratively discharge from the Navy for patterns of misconduct.


Criminal Conduct; Personal Conduct

05/30/2008

In 1998, the police arrested and charged Applicant with sexual assault on a minor in a position of trust. The State removed Applicant from his home. Many months later, a civil jury directed that Applicant could return home to live with his family. Thereafter, his attorney negotiated a plea agreement on the criminal charge. Applicant entered an Alford plea to a misdemeanor assault charge. Applicant has not been arrested for any criminal or traffic offenses since this date. He deliberately failed to listed his first marriage on his SF-86, but did not deliberately fail to list his oldest daughter or his arrest. He has mitigated the government’s security concerns under Guidelines J and E. Guidelines J and E are found in favor of Applicant.


Foreign Influence; Foreign Preference

05/30/2008

Applicant has a close relationship with his parents and siblings, all of whom are citizens and residents of Taiwan, an active collector of sensitive United States technology and information. Clearance is denied.


Criminal Conduct

05/30/2008

Applicant drinks bee regularly. He pled guilty to a driving under the influence charge in 2004, his first and only alcohol-related offense. AS a condition for receiving a restricted license, he attended an alcohol and substance abuse program, which he successfully completed. The medical report of record diagnosing alcohol dependence is not reasoned. Based on the Appeal Board’s directive, I have reviewed the mitigating conditions and performed a whole person analysis. Applicant has mitigated the government’s security concerns under Guideline J. Guideline J is found in favor of Applicant.


Foreign Influence

05/30/2008

Applicant is a 62-year-old systems staff engineer, who has been employed by a defense contractor since March 2005. During the course of his background investigation, foreign influence concerns were identified as a result of his having family members in Israel and the Ukraine and also because of his travel to those countries. Applicant and his family immigrated to the U.S. in 1996 and they became U.S. citizens in 2002. As a family, they went through noteworthy efforts to immigrate to the U.S. and become fully integrated in the U.S. as citizens and residents. After analyzing all of the facts and considering the whole person, Applicant has mitigated foreign influence concerns. Clearance is granted.


Financial

05/29/2008

Applicant has a history of financial problems that span 20-years, and generates a security concern. Although many of her financial problems were caused by circumstances beyond her control, her current problems were not. Her efforts at rehabilitation are outweighed by the longstanding, recurrent nature of the delinquencies. Clearance is denied.


Financial

05/29/2008

Applicant accumulated a number of delinquent debts while in college and living with a boyfriend, which she was unable to repay by herself following her separation. As a result, she petitioned for Chapter7 bankruptcy and was granted he discharge the same year. She accumulated three additional debts following her bankruptcy she has since paid or work out repayment agreements with her creditors. Applicant is highly regarded by her employer and is current with the rest of her creditors. With her current net remainder, she is doing all she can to repay her two remaining debts and can be expected to complete her repayment plans according to schedule. Applicant mitigates financial concerns. Clearance is granted.


Financial

05/29/2008

Applicant has approximately $15,000 of delinquent debt. Although it was caused primarily by circumstances beyond her control, she provided no evidence of efforts at rehabilitation sufficient enough to conclude that the problem is under control. Clearance is denied.


Foreign Influence

05/29/2008

While Applicant bears a heavy burden of persuasion because of the foreign country is Iran, he has successfully satisfied his burden with credible evidence as a teenager revealing his detention and torture for trying to escape three times. His previous experiences and his favorable character evidence have galvanized his will to resist and report any effort to influence or coerce him in the future. Eligibility for access to classified information is granted.


Foreign Influence; Foreign Preference

05/29/2008

Applicant, who is a U.S. citizen by birth and was a citizen of Nigeria by virtue of his parents' birth in the country, and who renewed his Nigerian passport before surrendering it to his employer's FSO, and otherwise has exercised no privileges of Nigerian citizenship, absolves himself of preference concerns. Because Applicant's immediate and extended family members who reside in Nigeria (a democratic country with a history of military coups and human rights abuses, but an important U.S. trading partner) are not shown to present any heightened risk to pressure or coercion, foreign influence concerns are mitigated as well. Clearance is granted.


Foreign Influence

05/29/2008

Applicant is a 53-year-old software engineer for a defense contractor. Her mother, one brother, two half-sisters, two aunts, and an uncle are citizens and residents of the People's Republic of China. Her mother and brother are members of the Communist Party. Applicant has not mitigated the security concerns raised by her foreign ties and connections. Clearance is denied.


Financial; Personal Conduct

05/29/2008

Applicant is a 44-year-old employee of a federal contractor. She has a history of financial problems and a related incident of workplace misconduct. She presented sufficient evidence to rebut, extenuate, explain, or mitigate the security concerns. Clearance is granted.


Financial

05/29/2008

Applicant has significant past due debts. He has not made payment arrangements with any of his creditors, and has no reasonable plan to take care of his past due debts. He is not currently eligible for a security clearance. Clearance is denied.


Guideline F

05/28/2008

An applicant with good or exemplary job performance may still engage in conduct with negative security implications. A whole-person analysis is not confined to the workplace. Adverse decision affirmed.


Guideline E; Guideline M; Guideline D

05/28/2008

The SOR may be amended at the hearing upon motion by either party or the Judge so as to render it in conformity with the evidence admitted or for other good cause. When amendments are made, the Administrative Judge may grant either party's request for additional time as the Judge deems appropriate. A Judge's ruling on a motion to amend is reviewed for abuse of discretion. The Judge denial of Applicant's motion as untimely was error. There is no provision in the Directive which forbids a motion to amend under the circumstances in this case, based upon its timing. Ultimately, however this error was harmless. Adverse decision affirmed.


Guideline C; Guideline B

05/27/2008

The method and scope of background investigations are outside the scope of review of the Appeal Board. There is a rebuttable presumption that a Judge is unbiased and impartial. Adverse decision affirmed.


Financial

05/27/2008

Applicant has acted reasonably with regards to his disputes concerning two debts. One has been successfully resolved and he is disputing the other. In all other respects his financial situation is sound. Applicant is eligible for a security clearance. Clearance is granted.


Guideline H; Guideline E

05/27/2008

Use of marijuana following a pre-employment drug test and after submitting a SCA significantly undercuts an applicant's claim to have demonstrated an intent not to use drugs. One would expect that at that point a person would understand the importance of abstention. Applicant's use of marijuana after such a test raises a substantial question as to whether he has demonstrated a serious intent to obey the law or whether he has refrained from drug use simply to qualify for employment. Applicant's use of marijuana despite his employer's policy, and his use after submitting his SCA, raise serious questions about his judgment and, therefore, under Guideline E. Favorable decision remanded.


Guideline C; Guideline B

05/23/2008

Once the facts alleged in the SOR had been established, in this case by Applicant's admissions, the burden shifted to Applicant to rebut, explain, extenuate or mitigate those facts, and Applicant has the ultimate burden of persuasion. The implementation of the current Adjudicative Guidelines superceded the August 16, 2000 Memorandum of the Assistant Secretary of Defense for Command Control Communications and Intelligence. Any error in this regard is harmless however, in light of the remainder of the Judge's analysis. Adverse decision affirmed.


Guideline F; Guideline E

05/23/2008

The Judge found that Applicant had delinquent debts to at least nine different creditors totaling approximately $52,000 and that Applicant had deliberately falsified a security clearance application. Adverse decision affirmed.


Guideline F

05/23/2008

The Judge is presumed to have considered all the evidence unless he specifically states otherwise. Adverse decision affirmed.


Guideline C; Guideline B; Guideline F; Guideline E

05/23/2008

The Board has sole discretion on whether to exercise its inherent authority to reconsider one of its decisions. Applicant has not drawn attention to anything in the Board's decision or the record to support his contention (he believes he is the victim of discrimination. Applicant has failed to articulate a persuasive reason to change the Board's resolution of the case. Applicant;'s request denied.


Foreign Influence, Outside Activities

05/22/2008

Applicant's wife is a PRC citizen residing with Applicant in the United States. Her mother, brother, and sister are PRC citizens residing in the PRC. She visits them yearly and talks to her mother and sister monthly. Applicant has not met his burden to establish that his wife's sense of obligation and loyalty to the PRC is not a security concern for him. Applicant in the past had a business arrangement as a sales representative for a United States manufacturer in the PRC and Thailand. The business did not generate any sales or profit. There is no active business activity in the PRC or Thailand now. Applicant's outside activities do not create a security concern.


Financial

05/22/2008

Applicant owes more than $30,000 in delinquent debt due in part to the financial struggles of supporting a child on her own. Financial considerations concerns are not fully mitigated where she has made little progress toward resolving her debt. Clearance is denied.


Financial

05/22/2008

Applicant has a history of delinquent debts attributable to periods of unemployment and disputes with her two listed creditors extenuates her accumulated debt delinquencies. She successfully resolves one of her disputed debts with a favorable judgment, and establishes a good-faith dispute with her other listed creditor, whose debt claims is not barred by the controlling statute of limitations in her state of residence. Access to a public trust position is granted.


Security Violations; Personal Conduct

05/22/2008

Applicant is a 45-year-old senior engineering specialist for a defense contractor. He received an e-mail and forwarded it to several people without reading the attachment. The sender inadvertently put classified information in the attachment. Applicant was issued a written Security Violation Notice. He was improperly trained for his security duties and received two additional Security Violation Notices. He now approaches the discharge of his security responsibilities with a renewed vigor and a positive attitude. Security concerns are mitigated. Clearance is granted.


Foreign Influence

05/22/2008

Applicant is a 39 year-old, who was born in Hong Kong, moved to the U.S. in 1987, and became a United States citizen in 1999. His mother, father and sister are residents of Hong Kong, but all plan to move to the United States. They do not constitute an unacceptable security risk, because Applicant has such deep and longstanding loyalties to 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.


Financial; Personal Conduct

05/22/2008

Applicant's criminal conduct is mitigated because it is isolated and not recent. However, he owes more than $22,000 in delinquent and past due debts. When he completed a security clearance application in 2006, he deliberately falsified his answers to relevant questions about his debts and his arrest record. Applicant failed to produce information to mitigate, refute, or extenuate the adverse information about his finances and personal conduct. Clearance is denied.


Criminal; Personal Conduct

05/22/2008

Applicant is a 39-year-old employee of a federal contractor. He has a history of criminal conduct consisting of eight arrests and four misdemeanor convictions during the period 1992 2004. He did not present sufficient evidence of reform and rehabilitation to mitigate the security concerns. Clearance is denied.


Financial

05/21/2008

Applicant is a 34-year-old employee of a federal contractor. He has a history of financial problems, but he presented sufficient evidence to mitigate the security concerns. Clearance is granted.


Criminal Conduct DIGEST: In 1978, Applicant was convicted of assault with intent to rob,

05/21/2008

Applicant's wife is a PRC citizen residing with Applicant in the United States. Her mother, brother, and sister are PRC citizens residing in the PRC. She visits them yearly and talks to her mother and sister monthly. Applicant has not met his burden to establish that his wife's sense of obligation and loyalty to the PRC is not a security concern for him. Applicant in the past had a business arrangement as a sales representative for a United States manufacturer in the PRC and Thailand. The business did not generate any sales or profit. There is no active business activity in the PRC or Thailand now. Applicant's outside activities do not create a security concern.


Financial

05/21/2008

Applicant has a history of financial debt since 2001. She has delinquent debt of approximately $16,000. She recently paid a 2005 judgment in the amount of $436 because she wanted to obtain a home mortgage. She was clear in her resolve that she would not pay the other debts alleged despite the fact that she acknowledged most of them. She has not mitigated the concerns under the financial considerations guideline. Clearance is denied.


Financial; Personal Conduct

05/21/2008

Between 2001 to 2004, Applicant incurred approximately $14,978 in delinquent debt. He resolved one account but took no steps to resolve nine other delinquent accounts. His deliberate omission of his delinquent accounts on his security clearance application raises concerns under personal conduct. Applicant failed to mitigate the security concerns raised under the financial considerations and personal conduct. Clearance is denied.


Financial; Personal Conduct

05/21/2008

Applicant owes more than $40,000 in delinquent and past due debts accrued since 2003. When she completed a security clearance application in 2005, she deliberately falsified her answers to relevant questions about her debts and repossessed property. Applicant failed to produce information to mitigate, refute, or extenuate the adverse information about her finances and her personal conduct. Clearance is denied.


Guideline E; Guideline J

05/21/2008

The Board cannot consider new evidence. Adverse decision affirmed.


Alcohol

05/21/2008

Applicant has had a long standing alcohol problem, resulting in five arrests for Driving Under the Influence and two arrests for Domestic Violence. Insufficient mitigation is shown. Applicant is not eligible for a security clearance. Clearance is denied.


Guideline F

05/21/2008

In evaluating Guideline F cases, the concept of "'meaningful track record' necessarily includes evidence of actual debt reduction through payment of debts." An applicant is not required to establish that he has paid off each debt listed in the SOR. All that is required is that an applicant demonstrate that he has established a plan to resolve his financial problems and taken significant actions to implement that plan. The Judge can reasonably consider the entirety of an applicant's financial situation and actions in evaluating applicant's plan for the reduction of his outstanding indebtedness. There is no requirement that a plan provide for payments on all outstanding debts simultaneously. A reasonable plan (and concomitant conduct) may provide for the payment of such debts one at a time. Likewise, there is no requirement that the first debts actually paid in furtherance of a reasonable debt plan be the ones listed in the SOR. Favorable decision affirmed.


Criminal Conduct; Personal Conduct; Financial

05/21/2008

Applicant is a 68-year-old employee of a defense contractor. In 2000, he physically assaulted a woman after an incident of "road rage." He was arrested and pled guilty to battery. She obtained a judgment against him for $150,000 that is accruing interest at 10% per year. He refuses to pay the judgment. Applicant failed to mitigate the security concerns raised by his criminal conduct, personal conduct, and financial issues. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

05/21/2008

Applicant was born and raised in Nigeria. He became a naturalized U.S. citizen in 1999. He failed to mitigate security concerns under the Foreign Preference, Foreign Influence, and Personal Conduct adjudicative guidelines. Clearance is denied.


Guideline C; Guideline B

05/21/2008

Applicant's father and sisters live in and are citizens of Iran. Applicant has been an American citizen since 1988. Applicant has made three trips were to Iran (in 1982, 2002-2003, and 2005-2006). The presence of some mitigating evidence does not alone compel the Judge to make a favorable clearance decision. As the trier of fact, the Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa. . The Judge weighed the mitigating evidence offered by Applicant against the seriousness of the disqualifying circumstances, and considered possible application of relevant mitigating conditions and factors. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

05/21/2008

Applicant was convicted of DUI in 2000. He completed his probation and community service. He received another DUI in 2002. He was found guilty and ordered to pay $2,100 in fines. He was in a deferred adjudication program but did not pay $750 of his fine until after his May 2008 hearing. He intentionally omitted the 2002 conviction on his 2005 security clearance application. He has not mitigated the concerns under the criminal conduct and personal conduct guidelines. Clearance is denied.


Guideline F; Guideline E

05/21/2008

The Judge found that Applicant had failed to timely file federal income tax returns for the years 1999 through 2004. As a result, he had incurred a tax debt, including late fees and penalties, of approximately $63,954. Decision at 3-4. Additionally, the Judge found that Applicant had deliberately falsified his security clearance application (SCA) when in response to the questions as to whether he had debts that had been delinquent over 90 days and over 180 days respectively, he answered "no." Adverse decision affirmed.


Alcohol

05/20/2008

Applicant abused alcohol with repeated drunk driving offenses from about 1994 to April 2003. He continues to consume alcohol after being diagnosed with alcohol dependence. While he has made several lifestyle changes over the past five years that are conducive to sobriety, the alcohol consumption concerns are not fully mitigated. Clearance is denied.


Personal Conduct; Sexual Conduct; Criminal Conduct

05/20/2008

Applicant lied to security investigators about his public sexual conduct in 2004. His conduct lead to his forced resignation from his job, a fact he deliberately failed to disclose when completely his SF-86. Over the years, Applicant has occasionally satisfied his sexual desires in public places, showing poor judgment. He has not mitigated the government's security concerns under Guidelines E, D and J.


Financial

05/20/2008

Applicant is 37 years old. She has a history of serious medical problems. She worked for a nonprofit company and did not earn very much money. She also had no health insurance until 2004. She had a number of surgeries and underemployment. She accumulated medical and hospital bills that she could not pay. In addition, Applicant had unpaid taxes for tax years 2001-2003. She has received financial counseling. She has paid $12,600 to the IRS and received a certificate of release for tax years 2001 and 2002. She requested a penalty reduction and is awaiting word from the IRS. She will then pay the remainder of her unpaid tax. She is in the process of contacting the medical providers to pay the medical bills. Since 2006, she has been gainfully employed and is earning a good salary. She has mitigated the security concerns under the financial considerations guideline. Clearance is granted.


Drugs; Criminal Conduct

05/20/2008

Applicant has used marijuana on numerous occasions starting in 1967. After a serious neck injury in 1978, a crushed thumb in 1995, and further neck injury from a car accident in 2005, he used marijuana regularly to control pain. He continues to suffer severe pain and to use marijuana when prescription pain killers are inadequate. In addition to his illegal drug use, he was arrested in January 1966, January 1973, September 1975, July 1976, and September 2006 for various offenses. Security concerns based on drug involvement and criminal conduct are not mitigated. Clearance is denied.


Alcohol

05/20/2008

Applicant was fired from his employments in May 2003 and February 2005 after he reported to work smelling of alcohol. He drove his vehicle after drinking 10 to 15 beers in February 2005, he consumes alcohol on a regular basis, and he shows no desire to change his behavior. Clearance is denied.


Financial; Personal Conduct

05/20/2008

Applicant incurred approximately $19,815 in delinquent debt, half of that amount involved an automobile repossession. He contacted each of his creditors and took steps to resolve his delinquent accounts. Although he made no payments towards two accounts, the creditors of those accounts indicated the accounts were closed. His failure to list his delinquent debts on his security clearance application was not deliberate. Applicant mitigated the security concerns raised under the financial considerations and personal conduct. Clearance is granted.


Financial; Personal Conduct

05/20/2008

Applicant has a history of financial difficulties since 2001. He has delinquent debt of approximately $20,000. He has not resolved his debt. He falsified his 2003 security clearance application by deliberately omitting material information concerning his 1990 DUI and his overdue debts in 2003. He has not mitigated the concerns under the financial considerations and personal conduct guidelines. Clearance is denied.


Foreign Influence

05/19/2008

Applicant's mother, two sisters, brother, and sister-in-law and brothers-in-law are citizens and residents of Taiwan. Her mother is retired and the others are medical professionals. She visits them in Taiwan, talks to them often by phone, and they have visited her in the United States. Applicant received her graduate education in the United States, has two children born in the United States, and all her property interests are in the United States. She became a United States citizen in 1990, has a United States passport, and held a security clearance since 1995. She has little contact with her aunt and uncle in Japan. She has mitigated security concerns for foreign influence.


Foreign Influence; Foreign Preference

05/19/2008

Foreign preference concerns are mitigated because Applicant no longer has a valid foreign passport. Foreign influence concerns are not mitigated due to Applicant's ties to family members who are citizens of and reside in Iran, a country that is hostile to the United States. Clearance is denied.


Drugs

05/19/2008

Applicant is a 27-year-old employee of a defense contractor. He smoked marijuana regularly and used other drugs until December 2004. He met his future wife who was vehemently anti-drug. He quit using drugs, matured, started a family, and excelled in his professional life. Applicant has mitigated the security concerns arising from his drug use. Clearance is granted.


Foreign Influence DIGEST: Applicant was born in the United States to Egyptian parents. Her

05/19/2008

Applicant is a 68-year-old employee of a defense contractor. In 2000, he physically assaulted a woman after an incident of "road rage." He was arrested and pled guilty to battery. She obtained a judgment against him for $150,000 that is accruing interest at 10% per year. He refuses to pay the judgment. Applicant failed to mitigate the security concerns raised by his criminal conduct, personal conduct, and financial issues. Clearance is denied.


Financial

05/19/2008

Applicant began to develop financial problems in 1998 after his first wife died and his job required him to move. In 2004, he lost his job. Nine months later he obtained a low paying job. As a result of the last two events, he defaulted on many of his debts. In the last year, he has paid all his creditors in full except for one debt, which he is paying on a monthly payment plan. He lives within his budget and has control over his finances. Applicant has mitigated the government's security concerns under Guideline F. Clearance is granted.


Financial

05/19/2008

Applicant failed to mitigate financial allegations by insufficient showing that the delinquent debts in the SOR had been resolved in a timely manner. Only two of the debts kof $337 out of a total alleged of $11,000 have been paid. Although communications with creditors has been initiated, such was not done until the filing of answer to the SOR. Clearance is denied.


Criminal Conduct; Alcohol DIGEST: Between 1987 and 2005, Applicant was convicted three times

05/19/2008

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


Personal Conduct; Financial

05/16/2008

Applicant has long standing delinquent debts that he just started to address. Since he provided no explanation for them, it is impossible to conclude his financial irresponsibility will not recur. He also provided false material information about his financial condition on a security questionnaire. Clearance is denied.


Guideline J; Guideline H; Guideline E

05/16/2008

The Judge made sustainable findings that Applicant had 1. Two 1999 criminal convictions (one for marijuana possession and one for tampering with evidence) 2. A bench warrant for his arrest in 2005, and 3 falsified a 2006 security clearance application. Adverse decision affirmed.


Guideline F

05/16/2008

The Judge found Applicant was discharged in bankruptcy in 1997 and unpaid tax debt of $86000 as well as credit card debts. Adverse decision affirmed.


Guideline K; Guideline E

05/16/2008

Applicant has not met his heavy burden of persuasion that the Judge was biased against him. The Judge did not err in holding against Applicant under Guideline E misconduct which was resolved in Applicant's favor under Guideline K. Adverse decision affirmed.


Financial; Criminal Conduct

05/15/2008

Applicant has had a long history of financial difficulties, and he has not resolved the majority of his overdue debts. He also has a history of criminal conduct including two arrests and convictions for Driving Under the Influence. Mitigation has not been shown. Clearance is denied.


Foreign Influence; Foreign Preference

05/14/2008

Foreign preference security concerns are mitigated by Applicant surrendering his passport to his cognizant security official. Foreign influence concerns remain based on Applicant's family ties in Iran. His grandmother, father-in law, and two brother-in-laws are citizens of and residents of Iran. Although his father-in-law recently became a permanent U.S. resident, security concerns remain because he spends a significant amount of time residing in Iran. Foreign influence security concerns are not mitigated. Clearance is denied.


Financial

05/14/2008

Applicant is 31 years old and has more than $11,000 in delinquent debts. The debts date back from 2002 to 2006. He has been employed since 1997. Despite being aware of the debt, he has not taken action to pay it. He recently contacted a credit counseling service, but failed to provide any proof of substantive action to pay his delinquent debts. Clearance is denied.


Financial

05/14/2008

Applicant's mother is a compulsive gambler and a thief. Applicant helped raise her two younger siblings when her mother was no longer capable of doing so. Circumstances beyond her control significantly contributed to Applicant's financial problems, but she made questionable financial decisions and failed to address even her small delinquent debts. She did not mitigate the security concerns raised by her financial history. Clearance is denied.


Financial

05/14/2008

Applicant developed financial problems in 2000 when she ended a long-term relationship. Since this time, she has worked steadily, making timely payments on her debts and usual living expenses as she raises three children without financial support from their father. She challenged several debts in the SOR. Applicant has mitigated the government’s security concerns under Guideline F. Clearance is granted.


Criminal Conduct; Personal Conduct

05/14/2008

Applicant has two criminal convictions in his history: a DUI in 1988 and a Criminal Mischief and Menacing charge in 2006. He has changed his life significantly since the 2006 incident and mitigated the security concerns raised under Guideline J. In 2004, he illegally passed a school bus and was fined. He failed to disclose all of the circumstances surrounding the 2006 arrest in his security clearance application. He mitigated the security concerns raised under Guideline E. Clearance is granted.


Financial

05/14/2008

Applicant is a 34-year-old employee of a federal contractor. He has a history of financial problems, but he presented sufficient evidence to mitigate the security concerns. Clearance is granted.


Financial DIGEST: Applicant has a history of unresolved financial problems. He became

05/14/2008

Applicant’s father was a Tunisian citizen. Applicant was born in the United States and, since 1991, has lived in the U.S. after living in Tunisia from age 7 to 19. Applicant’s father, mother-in-law, and father-in-law are citizens and residents of Tunisia. Applicant maintains a Tunisian passport, which he chooses not to surrender. Because he maintains a foreign passport, eligibility for access to classified information is denied.


Foreign Influence; Foreign Preference

05/14/2008

Applicant’s father was a Tunisian citizen. Applicant was born in the United States and, since 1991, has lived in the U.S. after living in Tunisia from age 7 to 19. Applicant’s father, mother-in-law, and father-in-law are citizens and residents of Tunisia. Applicant maintains a Tunisian passport, which he chooses not to surrender. Because he maintains a foreign passport, eligibility for access to classified information is denied.


Personal Conduct

05/14/2008

Applicant's 2004 resignation from his job as a police officer while under investigation raises a personal conduct security concern. Upon reviewing the nature and surrounding circumstances, in addition to Applicant's explanation, I conclude the security concern has been mitigated it. Clearance is granted.


Financial

05/13/2008

Applicant admitted responsibility for five delinquent debts listed in the SOR, totaling about $7,331. Applicant had the ability to pay or otherwise resolve her delinquent debts, but chose not to do so. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Financial

05/13/2008

Applicant owes a total of over $100,000.00 to five unsecured creditors. All of these debts were either charged off or referred for collection. Clearance is denied.


Guideline F

05/13/2008

The Board does not have the authority to determine whether an individual's position requires a security clearance. Adverse decision affirmed.


Foreign Influence

05/13/2008

Applicant left his native Iraq and came to the United States in 1994 as a refugee. He remained and established ties to United States, becoming a U.S. citizen in 2000. He returned to Iraq in 2004, as an Arabic-speaking linguist with the U.S. Army, where he made significant contributions. He mitigated the foreign influence concerns raised by his mother and five siblings, residing in Iraq. Clearance is granted.


Personal Conduct; Criminal Conduct

05/13/2008

Applicant failed to disclose longtime marijuana use on three successive security clearance applications. When later interviewed by a government investigator, he disclosed his past marijuana usage, but misled the investigator about the length of his past use. This conduct generates security concerns that he failed to mitigate. Clearance is denied.


Financial

05/12/2008

Applicant accumulated 13 delinquent credit card accounts totaling more than $85,000 during the past eight years. He claimed to have resolved one account but produced no documentation. He has done nothing to resolve the remaining accounts for at least two years. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Financial

05/12/2008

Applicant is 61-year-old employee of a federal contractor. She has a history of financial problems, to include a Chapter 7 bankruptcy case and post-bankruptcy delinquent debts. No mitigating conditions apply. Clearance is denied.


Financial; Personal Conduct

05/12/2008

Applicant’s financial problems are long standing, due to limited resources. He has resolved approximately $15,000 of debt listed in the SOR. Two of his largest remaining debts are not only barred by the statute of limitations, but the result of deliberate withholding of advice by the creditor as to the consequences of a voluntary car repossession. He continues to pay on his debts to the best of his ability, but he is unable to make payments on all debts at this time. Applicant has mitigated the government’s security concerns under Guidelines F and E. Clearance is granted.


Financial

05/12/2008

Applicant had nine delinquent debts and a bankruptcy listed in the SOR. He paid or resolved all delinquent debts. However, Applicant did not provide sufficient mitigating evidence because he did not adequately explain why he failed to pay a large federal tax debt until 2008. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Drugs; Personal Conduct; Criminal Conduct

05/12/2008

Applicant failed to mitigate allegations relating to use of drugs and concealment of the facts on a SF 86 and interrogatory filed while in the Army in 2001. He continued to use drugs while in the Army and holding a security clearance. When he filed an SF 86 in 2007 and in an interrogatory he gave the information he had withheld six years earlier. While revealing the information was laudable it was insufficient to mitigate the allegations. It is premature to grant a clearance. Clearance is denied.


Personal Conduct; Criminal Conduct

05/12/2008

Applicant had an aggressive driving charge in 2002 which was dismissed. In 2005, he was arrested for disobeying a police officer, reckless driving and fleeing and eluding. He was found guilty of fleeing (second degree felony). He completed 100 hours of community service and his probation. He has been driving almost 20 years and has no other incidents. He has held a security clearance for many years. His omission to Section 23 on his security clearance application was not deliberate. He has mitigated the personal conduct and criminal conduct concerns for a security clearance. Clearance is granted.


Financial

05/12/2008

Applicant failed to list his illegal drug history on his Security Clearance Application and failed to reveal his history during a subject interview. Clearance is denied.


Financial

05/12/2008

Applicant and her husband received a Chapter 7 bankruptcy discharge in October 2004. They owe more than $75,000 in delinquent federal income taxes, and about $1,000 in delinquent state income taxes. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

05/12/2008

Applicant's mother is a resident and citizen of Iran. Applicant has some property interest in Iran inherited from her deceased father. Applicant has established her strong loyalties to the United States and her lack of loyalty to Iran. Her property interests have been turned over to her mother. Applicant has mitigated security concerns for her contacts with her mother and property interests in Iran. She has a current Iranian passport that has been turned over to her facility security officer.


Criminal Conduct; Financial

05/12/2008

Applicant is a 60-year-old employee of a federal contractor. He did not present sufficient evidence to overcome the security concerns stemming from his 2005 federal conviction for conspiracy to defraud and his related Chapter 7 bankruptcy case. Clearance is denied.


Criminal Conduct

05/12/2008

Applicant is a 52-year-old employee of a defense contractor. He is a recovering heroin addict. Applicant used marijuana in high school and then started selling it. He progressed to selling and using heroin. He then became a career criminal to fund his habit, specializing in burglaries and shoplifting. He was arrested more than 35 times and convicted 19 times between 1980 and 1994. He has been drug free with no criminal record since July 1997. Applicant has an extremely impressive record of rehabilitation, but his criminal past is too extensive at this time to be mitigated. Clearance is denied.


Financial

05/12/2008

Security concerns raised pertaining to a $5,980 federal tax debt for tax year 1999 and a $4,637 delinquent credit card account charged off in 2000 are not mitigated. Applicant did not provide sufficient proof to mitigate the security concerns. Clearance is denied.


Foreign Influence; Personal Conduct

05/12/2008

Applicant is a 60-year-old engineer for a defense contractor. He intentionally provided false, misleading, and incomplete answers to a background investigator about a trip to the People's Republic of China. He has not mitigated the security concerns raised by his family ties and connections to Hong Kong and Taiwan. Clearance is denied.


Guideline m; Guideline e

05/09/2008

Ineffective assistance of counsel is not a basis for appeal. DOHA proceedings are civil not criminal. Adverse decision affirmed.


Guideline F

05/09/2008

The Judge stated that Applicant has not taken any action to resolve her financial issues and her promise to pay is not sufficient to mitigate the trustworthiness concerns. Adverse decision affirmed.


Guideline B

05/09/2008

The Judge failed to take into account significant record evidence. The Judge erred in not applying FIDC 7(d) in light of the fact Applicant's spouse is a citizen of the PRC. Judges must be guided by common sense with a view toward making a determination consistent with the interests of national security. Favorable decision reversed.


Guideline G; Guideline E

05/09/2008

Substantial evidence is such relevant 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

05/08/2008

Applicant is 42 years old and has worked for a federal contractor since January 2006. He has five delinquent debts, two of which are judgments dating from 1999 and 2000 that remain unpaid. He failed to mitigate the security concerns raised by financial considerations. Clearance is denied.


Financial; Personal Conduct

05/08/2008

There is insufficient evidence to establish that Applicant intentionally provided false information on a security questionnaire, but he failed to mitigate the security concerns raised by his financial history. Clearance is denied.


Financial; Personal Conduct

05/08/2008

Applicant's 1988 court-martial conviction has been mitigated due to the passage of time. He did not deliberately falsify his security clearance application. Issues remain under financial considerations. While, he paid two of the delinquent accounts and is paying on one other account, Applicant has no specific plan to pay the remaining delinquent accounts. He has little, if any, money left over each month to pay towards his delinquent debts. Personal conduct concerns are mitigated. However, a security concern remains under Financial Considerations. Clearance is denied.


Financial

05/08/2008

Applicant is 33 years old and has numerous debts that have been delinquent for years. She failed to provide documentation to substantiate that she is making payments on the debts or that others are responsible for them. Clearance is denied.


Criminal Conduct; Personal Conduct

05/08/2008

Applicant was arrested in 2002 and 2004. He has mitigated this conduct do to the fact that it was aberrational in nature, has not been repeated and there is little to no chance it will be repeated. Applicant is eligible for a security clearance. Clearance is granted.


Foreign Influence

05/08/2008

Applicant is a 38-year-old engineer for a defense contractor. He was born in Taiwan. His mother brought him and his three siblings to the U.S. when he was about 13 years old. His father never came to the U.S. and his mother moved back to Taiwan in 2001. He became a U.S. citizen in April 2006. He maintained dual citizenship with Taiwan at his parents' request so that he could inherit their property without problems. He stated that he is willing to renounce his Taiwanese citizenship and give up his inheritance if necessary. Applicant has not been a fully committed U.S. citizen long enough to mitigate the security concerns raised by his foreign ties and connections. Clearance is denied.


Financial; Personal Conduct

05/08/2008

Applicant admitted to $15,000 in delinquent debts. He has disputed some debts and has agreed to pay several. However, he has not documented his efforts. The delinquencies remain and he has no repayment plan in place. He was convicted of forgery and theft by deception in 1987, 1989, and 1992. He has had returned checks recently. He did not meet his burden of proof for mitigation. He did not meet his burden of proof to refute an allegation of falsifying his answer to a question on his trustworthiness application (SF 85P) about his finances. Thus, he has not mitigated concerns based on financial considerations and personal conduct. Clearance is denied.


Financial; Personal Conduct

05/08/2008

Applicant has a history of unresolved financial problems. His financial problems arose after sustaining an injury requiring an operation and convalescence. While convalescing, his company downsized and his job was outsourced. Without a job, he had no means to pay his bills. He also inadvertently failed to list two liens when completing his security clearance application. He has undertaken steps to overcome his indebtedness and has demonstrated that he is resolving his financial problems in a satisfactory manner. Clearance is granted.


Foreign Preference

05/07/2008

Security concerns raised pertaining to Applicant's use and possession of a foreign passport and ownership in a foreign business are mitigated. His passport is expired and he does not intend to renew his passport. He transferred his interest in the foreign business to his business partners. His visits with family members and friends who live across the border from the city where he resides do not raise a security concern. Applicant has mitigated the foreign preference security concern. Clearance is granted.


Financial

05/05/2008

Applicant has had a long history of financial difficulties, and she has failed to resolve any of her overdue debts. Mitigation has not been shown. Clearance is denied.


Guideline F

05/05/2008

The Judge's explanation follows rationally from his findings of fact. Adverse decision affirmed.


Guideline G; Guideline E

05/05/2008

The challenged finding is based on substantial record evidence. Adverse decision affirmed.


Foreign Influence

05/01/2008

The Applicant is a 60 year old President and Security Officer of a defense contracting company. His elderly mother and sister who are citizen of and reside in Israel do not pose a security risk. Sufficient mitigation has been shown. Clearance is granted.


Foreign Influence

05/01/2008

The Applicant is a 57 year old Vice President for a defense contracting company. Her relationship with her husband, who at one time was a dual citizen of Israel and the United States and who is now only a United States citizen, does not create a security risk. Her other foreign contacts that include her mother-in-law and sister-in-law who are citizens of and reside in Israel do not pose a security risk. Sufficient mitigation has been shown. Clearance is granted.


Drugs

04/30/2008

Applicant is 22 years old and used marijuana from February 2006 to August 2007. He indicated his intent to abstain from illegal drug use in the future. Not enough time has passed to conclude Applicant’s drug use is unlikely to recur and his commitment to abstention is permanent. Clearance is denied.


Financial

04/30/2008

Applicant's financial indebtedness is mitigated by historical and current efforts to pay off the remaining liens. To her credit, she has been able to manage her other financial obligations in a responsible manner. Eligibility for access to classified information is granted.


Financial; Personal Conduct; Criminal Conduct

04/30/2008

Applicant had 22 delinquent debts, that included judgments and taxes. She paid seven debts. She has a repayment plan for two debts. The remaining are not paid. She received no counseling. She falsified her 2002 and 2007 security clearance application when she denied financial difficulties and omitted a 2001 arrest. Applicant did not provide sufficient mitigating evidence. Security concerns pertaining to financial considerations, personal conduct and criminal conduct are not mitigated. Eligibility for a security clearance is denied.


Financial

04/30/2008

Fifty-three-year-old Applicant with a history of financial delinquencies commencing shortly after he lost his well-paying job following the terrorist attacks in September 2001, was unemployed for lengthy periods (Sep 2001 to Dec 2003, and again Mar 2004 to Jan 2006), and had unexpected medical bills for his wife. Many of his accounts became delinquent, his boat was repossessed, and his timeshares foreclosed. He eventually sold his residence and used the proceeds to resolve most of his debts, although somewhat belatedly. Questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial

04/30/2008

From 2002 to 2007, Applicant generated approximately $26,000 of delinquent debt. Her financial problems were caused by circumstances beyond her control rather than by irresponsibility. She has recently obtained a discharge of her debts through the Chapter 7 bankruptcy process. She has mitigated the financial considerations security concern. Clearance is granted.


Financial;

04/30/2008

Applicant had 2 delinquent medical debts, that included a judgment in the amount of $3,673. She incurred medical bills as a result of her illness, unemployment and marital separation and divorce. She is a single parent providing for her family. Her exhusband provided no financial support. She is arranging a payment plan for the judgment. She did not become aware of this judgment until her investigation in 2007. She did not have sufficient income to work with a debt consolidation company. For the second hospital bill ($10,088) she has a repayment plan of $100 a month that is debited from her checking account. This bill occurred in 2003 and may be barred by the statute of limitations. However, Applicant is repaying the hospital collection company. Applicant provided sufficient mitigating evidence. Security concerns pertaining to financial considerations are mitigated. Eligibility for a security clearance is granted.


Financial; Personal Conduct

04/30/2008

Applicant failed to mitigate the security concerns caused by his financial problems.


Financial

04/30/2008

Applicant received a Chapter 7 bankruptcy discharge in 1999. His landlord obtained a judgment against him for unpaid rent in November 2000. He failed to timely file his federal income tax returns for 2001, 2002, 2003. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Foreign Influence

04/30/2008

Applicant left her native Iraq and came to the United States in 1978. She remained, managed a family business, and has a son who was born in the United States. She became a U.S. citizen in 1991. In 2005, she returned to Iraq, as an Arabic- speaking linguist with the U.S. Army, where she made significant contributions. She mitigated the foreign influence concerns raised by her parents and two brothers, residing in Iraq. Clearance is granted.


Foreign Influence; Foreign Preference

04/30/2008

Applicant's long and ongoing connections to the French government, resulting is a substantial pension, raise unmitigated security concerns under foreign preference. His ongoing exercise of French citizenship demonstrates foreign preference. Clearance denied


Guideline F,: Guideline E

04/30/2008

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


Criminal Conduct; Personal Conduct

04/30/2008

Applicant's arrest history over a 30 year period, the majority of which were related to domestic disputes raised criminal conduct security concerns. He has not been arrested since May 2003. His clean record and favorable work performance mitigated the concerns raised under criminal conduct. Applicant did not intend to falsify his January 5, 2006, security clearance application. In addition, the evidence is insufficient to conclude that he intentionally falsified material facts during interviews on March 21, 2007 and April 10, 2007. His admitted falsification on a 1994 personnel security questionnaire is mitigated due to the passage of time and its lack of materiality. The criminal conduct and personal conduct concerns have been mitigated. Clearance is granted.


Alcohol

04/30/2008

Around August 2002, Applicant began drinking excessively, consuming 4-5 beers at one sitting and as much as 15-20 shots of hard liquor over the course of an evening. On three occasions he drank to the point of unconsciousness, resulting in convictions of public intoxication in August 2003 and January 2004, and a conviction of criminal mischief in March 2006. He stopped drinking in November 2007, after receiving the statement of reasons. Security concerns based on alcohol consumption are not mitigated. Clearance is denied.


Guideline G; Guideline H

04/30/2008

In light of the Judge's findings regarding Applicant's lengthy history alcohol and drug abuse, the Judge's conclusions are sustainable. Adverse decision affirmed.


Financial

04/30/2008

Applicant is a 48-year-old employee of a federal contractor. He has a history of financial problems that started during 2001 2003 when his spouse, who managed the family finances, became depressed. She missed payments and overextended on credit cards. He was not fully aware of the situation until 2004 when he learned about it during a background investigation. His current financial situation is stable and under control. He is not overextended nor living beyond his means. He has sufficient means to resolve any debts that require additional payments. He has made a good-faith effort to repay or otherwise resolve the debts. Clearance is granted.


Guideline E

04/30/2008

The Judge's conclusion that Applicant's actions demonstrate poor judgment, unreliability and dishonesty are sustainable in light of the record. Adverse decision affirmed.


Financial

04/30/2008

The Applicant has a credible and reasonable dispute with the two creditors in the SOR. The Applicant has thoroughly documented his attempts to resolve both of these debts. The Applicant is eligible for a security clearance. Clearance is granted.


Guideline F

04/30/2008

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


Foreign Preference; Foreign Influence

04/30/2008

The foreign preference guidelines have not been mitigated because Applicant has voted and intends to continue to voting in Mexican elections to preserve her dual citizenship. Applicant has also failed to overcome the foreign influence concerns established by her frequent contacts with her mother and brother. Eligibility of access to classified information is denied.


Alcohol; Criminal Conduct

04/30/2008

Applicant has a long history of consuming alcohol to excess. In 1996 and 2002, he was convicted of misdemeanors related to his consumption. In 2005, he was convicted of another misdemeanor, unrelated to the use of alcohol. In January 2008, he began addressing his alcohol problems. He mitigated the security concerns raised under criminal conduct, but he did not mitigate the concerns raised under alcohol consumption. Clearance is denied.


Foreign Preference; Foreign Influence

04/30/2008

Applicant is 29 years old. He and his family came to the U.S. in 1997 as refugees. His parents and three brothers are now U.S. citizens. His wife came to the U.S. from Ukraine in 1995. She and six of her seven siblings are U.S. citizens. Her parents and one sibling are permanent residents. Applicant used a Russian passport after becoming a U.S. citizen. The passport is expired and Applicant does not intend to renew or replace it. He is willing to renounce his dual citizenship. Applicant has mitigated the foreign preference and foreign influence concerns. Eligibility for access to sensitive information is granted.


Information Technology; Personal Conduct; Criminal Conduct

04/30/2008

At the time Applicant was involuntarily terminated from his employment in 2001, he deliberately deleted proprietary information belonging to the U.S. Government on a shared database. He subsequently provided false information to Government investigators denying he deleted these files on three separate occasions in 2001, 2005, and 2006. Clearance is denied.


Financial

04/28/2008

Applicant is 45 years old. She has delinquent debts that total approximately $28,000. Although Applicant's financial difficulties started as a result of her marital separation in 1990, she has not made a good faith effort to resolve her delinquent bills. She incurred substantial debt for medical bills for her four children and her husband did not help as agreed. However, only a small percentage of her unpaid accounts are medical. She has incurred debts for two student loans that are in default status. She has not sought counseling nor does she have a repayment plan in place. She has not mitigated the financial consideration security concerns. Clearance is denied.


Personal Conduct; Alcohol

04/28/2008

Applicant is a 42-year-old employee of a defense contractor. He was arrested for driving under the influence (DUI) in 1993 and 2000. He refused to complete the requirements of the sentence of his 1993 DUI conviction until 2003, when it became an issue for his security clearance. He committed time card fraud on seven occasions in 2005. He had another alcohol-related incident in 2007. He continues to drink regularly and at times excessively. Applicant has not mitigated the security concerns raised by his personal conduct and alcohol consumption. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

04/28/2008

Applicant received non-judicial punishment for driving under the influence of alcohol while on active duty in the Marine Corps. He then used illegal drugs while on active duty and received a court-martial. He was administratively discharged from the Marine Corps with an Other than Honorable Discharge. He continued to use marijuana for a number of years after his release from active duty until December 2006. He has not mitigated security concerns for drug involvement, criminal conduct.


Criminal Conduct; Information Technology

04/28/2008

Applicant is a 30-year-old employee of a defense contractor. There was insufficient evidence to conclude that Applicant unlawfully "hacked" into computer systems. However, he has not mitigated the criminal conduct security concerns raised by his conviction for driving with a blood alcohol level above the limit and hit and run. Clearance is denied.


Financial

04/28/2008

Applicant is a 53 year old employed as a Chief Steward in the merchant mariners for a defense contractor. He has delinquent debts totaling at least approximately $6,000.00. Insufficient financial rehabilitation has been shown. Clearance is denied.


Criminal Conduct; Drugs

04/28/2008

In 2005, after a nasty argument with his then wife, the police arrested and charged Applicant with multiple criminal acts after finding a marijuana plant and four properly owned guns in his basement. The State decided to proceed forward on three criminal counts: marijuana cultivation, special offender, and false imprisonment. Applicant and his attorney negotiated a plea agreement with the State. In early 2006, upon the advice of his attorney, Applicant pled guilty to marijuana cultivation, a felony, and entered a temporary plea of guilty. The court deferred judgment in his case for two years. At the end of the two years and because Applicant had not been arrested by the police for any criminal conduct or even traffic offense, the court withdrew his guilty plea and dismissed the case, as required by the plea agreement, Applicant has mitigated the security concerns under Guideline J, but not Guideline H. Guideline J is found in favor of Applicant and Guideline H is found against Applicant.


Criminal Conduct; Drug Involvement; Personal Conduct

04/28/2008

Applicant is 27 years old, unmarried, and works for a defense contractor in the health insurance business. He has 11 arrests, citations, and convictions in eight years, involving alcohol and drugs. He used marijuana from ages 16 to 26 and has consumed alcohol since he was 17. He failed to disclose all of his criminal conduct on his trustworthiness application. Applicant did not mitigate the criminal conduct and drug involvement trustworthiness concerns. He mitigated the personal conduct trustworthiness concerns. Clearance is denied.


Financial; Personal Conduct

04/28/2008

Applicant had seven delinquent debts. He paid one and has almost paid another. Five debts are still delinquent. He falsified his security clearance application when he denied he had two felony convictions. Applicant did not provide sufficient mitigating evidence. Security concerns pertaining to financial considerations and personal conduct are not mitigated. Eligibility for a security clearance is denied.


Alcohol

04/28/2008

Applicant admitted to being arrested and convicted four times from 1975 until 2003 for driving under the influence of alcohol. He also admitted he consumed alcohol his entire adult life sometimes to the point of excess. He usually drank about ten beers a day but has moderated his consumption to about two beers a day. His family has voiced concerns about his excess drinking of alcohol. He left a job in 1994 by mutual agreement with his employer after an allegation that he was drinking alcohol on the job. Applicant has not provided sufficient information to mitigate security concerns for alcohol consumption.


Alcohol; Personal Conduct

04/28/2008

Applicant is a 46-year old married employee of a defense contractor. She has three alcohol-related arrests between 1992 and 2003. She was in alcohol rehabilitation and counseling in 2005, and 2006, but started consuming alcohol again in 2007. Applicant failed to disclose her 1997 driving while intoxicated arrest on her trustworthiness application. Applicant did not mitigate the alcohol consumption trustworthiness concern. She did mitigate the personal conduct trustworthiness concern. Trustworthiness eligibility is denied.


Financial; Personal Conduct

04/25/2008

Applicant admitted owing 19 delinquent debts, totaling $36,633, and said she was missing work and incurring additional debt. She denied having any financial difficulties in her clearance application and in a previous security questionnaire. She offered no mitigating evidence. Clearance is denied.


Financial

04/25/2008

Applicant failed to mitigate the security concerns caused by his financial problems.


Drugs

04/25/2008

From 2004 to 2007, Applicant smoked marijuana approximately one to three times per week. Although he was forthcoming about it during the investigative process, and has not used it in a year, it is too soon to conclude that it no longer poses a security concern. Clearance is denied.


Financial

04/25/2008

Applicant admitted owing 12 delinquent debts, totaling $7,044, and denied, without substantiating evidence, an additional 7 delinquent debts totaling $4,402 that appear on her credit bureau reports. She does not have the means to repay these debts. Clearance is denied.


Drugs

04/25/2008

Applicant is a 34-year-old software engineer who is employed by a federal contractor. He has a history of marijuana use beginning in 1994 and continuing until June 2007. He did not present sufficient evidence of reform and rehabilitation to mitigate the security concern. Clearance is denied.


Criminal Conduct; Sexual Behavior

04/25/2008

Applicant admits to exposing himself to underage teenage girls on a public street on two occasions. He was arrested and convicted for the most recent incident. While he has made progress in his court-ordered therapy program, he remains on probation. Not enough time has passed to conclude that he has mitigated the concerns raised under criminal conduct and sexual behavior. Clearance is denied.


Financial; Personal Conduct

04/25/2008

Applicant accumulated a significant amount of debt while unemployed for two short periods of time several years ago, and as the result of a personal relationship that terminated around the same time. Although he recently resolved some of the debt, he failed to provide sufficient evidence that he has taken substantial steps to resolve the remaining debts. He failed to mitigate the security concerns raised under the financial considerations guideline. He mitigated those concerns raised under the personal conduct guideline. Clearance is denied.


Financial

04/25/2008

Applicant has significant past due debts. While has made some small payments, he is not currently paying any of his debts. He is not currently eligible for a security clearance. Clearance is denied.


Drugs; Personal Conduct

04/25/2008

Applicant abused marijuana with varying frequency from late 1993 to March 2007, when he was arrested for possession of marijuana on a military installation. He used marijuana again in December 2007 despite ongoing counseling. He was repeatedly not candid with the government about his marijuana involvement. Drug involvement and personal conduct concerns are unmitigated. Clearance is denied.


Foreign Influence; Foreign Preference

04/25/2008

The foreign influence concerns associated with Applicant's family members being resident citizens of Nigeria are mitigated by his strong ties to the United States that have developed since 1995. Applicant has also taken appropriate action to remove the foreign preference concerns that existed until August 2007. He has relinquished his Nigerian passport and provided evidence of his willingness to renounce his Nigerian citizenship. Eligibility for security clearance access is granted.


Alcohol

04/25/2008

Applicant mitigated the security concerns raised under Guideline G that arose as a result of a long history of physical pain that he attempted to treat by consuming alcohol in the evenings. Clearance is granted.


Financial: Personal Conduct

04/25/2008

Applicant owes more than $20,000 in delinquent debt. While he plans to file for Chapter 13 bankruptcy, financial concerns persist given the extent of his debt and record of non-payment. Personal conduct concerns raised by his failure to list his debts on his security clearance application are mitigated because he acted on the advice of his security office. Clearance is denied.


Financial

04/25/2008

Applicant failed to mitigate financial allegations arising from 14 delinquent debts totaling approximately $38,000. A large number of them are student loans, and some arose during periods of unemployment and health problems. However, he has held a better paid position for over three years and little has been done to resolve the debts. While he averred that payments were being made on some debts, no credible evidence was offered to support the claim, and nothing has been done on a large number of the debts. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

04/25/2008

Applicant began accumulating debt more than 14 years ago, most of which remains unresolved. When he completed his security clearance application, he did not disclose any of his delinquent debts or an outstanding tax lien. He failed to provide sufficient evidence that he has taken substantial steps to resolve his debts and offered no explanation for omitting the information from his application. He failed to mitigate the security concerns raised under the financial considerations and personal conduct guidelines. His deliberate omission of information raised a security concern under the criminal conduct guideline. Clearance is denied.


Guideline B; Guideline C

04/24/2008

Hearing level decisions are not legally binding precedent. Applicant's alternative interpretation of the record is not sufficient to demonstrate error. Adverse decision affirmed.


Guideline F

04/24/2008

Applicant has six delinquent debt and offered no evidence that these debts had been paid, although she has $200,00 in her retirement account. Adverse decision affirmed.


Guideline J; Guideline E

04/24/2008

Applicant asserts that the Judge relied unreasonably on uncharged conduct. In fact the conduct is intimately linked to the allegations in the SOR and was reasonably before the Judge. Adverse decision affirmed.


Guideline K; Guideline E

04/24/2008

Applicant, a facility security officer should have been aware that sensitive personal information must be protected. Although the Judge made factual errors they are harmless. Adverse decision affirmed.


Foreign Influence

04/22/2008

Applicant left his native India and came to the United States in 1980 to further his education. He remained, became a successful engineer, married, had a child born in the U.S., and became a U.S. citizen. He has mitigated the foreign influence concerns raised by his mother, sister, brother-in-law, and parents-in-laws residing in India. Clearance is granted.


Financial

04/22/2008

Applicant mitigated the security concerns caused by his financial problems.


Drugs

04/22/2008

Applicant is a 44-year-old engineer for a defense contractor. He smoked marijuana for many years up through October 2007. He continued to smoke marijuana after submitting a Questionnaire for National Security Positions in August 2006, and after being interviewed for his background investigation in February 2007. Clearance is denied.


Financial

04/22/2008

Applicant mitigated the security concerns caused by his financial problems.


Financial

04/22/2008

Applicant is responsible for approximately $98,000 in delinquent debt which arose almost five years ago when he experienced a major health crisis after losing his job and his health insurance. Although he has endeavored to pay a family member for a loan and has begun to pay two of his creditors, Appellant has failed to contact most of his creditors and to address the majority of his debts. Applicant's failure to mitigate his large number or financial delinquencies raises security concerns. Clearance is denied.


Financial

04/22/2008

Applicant is 33 years old and has a history of financial problems. Applicant did not present sufficient evidence to explain, extenuate, or mitigate the financial considerations security concern. Clearance is denied.


Financial

04/22/2008

Applicant accumulated a number of delinquent debts over a number of years attributable to financial difficulties associated with a lay-off and the financial stresses of a single parent. Without necessary documentation to support her payment and dispute claims, she lacks the corroboration necessary to mitigate security concerns over her finances. Clearance is denied.


Foreign Influence; Foreign Preference

04/22/2008

Applicant is a 33-year-old employee of a defense contractor. She was born in the United States of a Jordanian father and a Lebanese mother while her father was attending an American university. She obtained a Jordanian passport in 1990, when she was 15 years old, in order to visit her grandmother in Lebanon. The passport was never used and has not been renewed since it expired in 2000. She is willing to renounce her dual citizenship. Applicant has mitigated the foreign influence concerns raised by her parents spending time in Jordan and Lebanon, and her siblings in Jordan. Clearance is granted.


Financial

04/22/2008

Applicant served in the U.S. Air Force. After his service he joined the civilian work world. He and his first wife separated after his military career. He supported his son by that marriage. Applicant remarried in 2000. He and his wife had two children. His sons have medical problems and Applicant incurred many bills. He was employed in a good position earning a large salary. He was suddenly unemployed in 2003. His wife could not work due to the needs of their children. Applicant formed a consulting firm that ultimately failed. He incurred more debt. Applicant had planned to refinance his home in 2007, but found himself again unemployed for a period of time due to the economy. He eventually refinanced his home very recently. He had $14,000 in delinquent debt listed on the SOR. He paid two debts and is paying what he can on the others. He also has a personal loan from a friend in the amount of $99,000. He has been paying on this until recently and his friend agreed that he could start repayment in June when his wife returns to employment. His debt was incurred partly due to circumstances beyond his control. He has mitigated the security concerns under the financial considerations guideline by his good faith efforts. Clearance is granted.


Foreign Influence

04/22/2008

Applicant is a native of India and retired from the Indian Navy as a commander. He married a native of India in 1973, and both families disapproved of the marriage because of their differences in religion. He came to the U.S. in 1992, and he became a citizen in 2000. His wife became a U.S. citizen in 2003. Their three adult children are naturalized U.S. citizens. Applicant has no contact with his former Navy colleagues or his in-laws in India. Two siblings are citizens and residents of the U.S. His parents are deceased. He has limited contact with six sisters in India, and he traveled twice to India to perform a Hindu rite at a niece’s and a nephew’s weddings. Security concerns based on foreign influence are mitigated. Clearance is granted.


Financial

04/22/2008

Applicant's former wife incurred substantial delinquent joint debt during their separation preceding their 2003 divorce. Applicant has been unable to repay all of these debts. He has not incurred any additional delinquent debt. He and his current wife paid off as much as they could, and have filed for Chapter 7 bankruptcy relief to discharge the balance. Clearance is granted.


Financial

04/22/2008

Applicant accumulated a number of delinquent debts over a number of years attributable to immaturity and living beyond his means. Without necessary documentation to support his payment and dispute claims, he lacks the corroboration necessary to mitigate security concerns over his finances. Clearance is denied.


Criminal Conduct; Alcohol

04/22/2008

Applicant is 26 years old. He was charged with under age possession of alcohol during his senior week in 2000. He was arrested during college in 2003 for tumultuous behavior and loitering in a bar district. The court found him guilty of tumultuous behavior. He had alcohol related incidents in 2003 and 2005. The charges in both cases were dropped. Applicant completed 24 hours of community service and attended an alcohol education class. He has been employed with a defense contractor since 2005. He has changed his lifestyle and while he continues to drink, he does so with friends in an environment that is safe. He has mitigated the criminal conduct and alcohol consumption security concerns. Clearance is granted.


Financial

04/22/2008

Applicant with an unsatisfied judgment debt associated with an unpaid credit card debt accumulated while he was in college is neither extenuated nor mitigated and raises security concerns. Clearance is denied.


Foreign Influence

04/22/2008

Security concerns raised due to Applicant's relatives who reside in Pakistan are mitigated based on his longstanding relationships and loyalties in the U.S. His past business relationships in Pakistan were discontinued over eight years ago. Since 1999, Applicant has lived and worked continuously in the U.S.. Foreign influence security concerns are mitigated. Clearance is granted.


Financial DIGEST: Applicant owes approximately $19,000 on delinquent debts. She is

04/22/2008

Applicant owes more than $11,000 in delinquent debt. Payments totaling $150 in 2007 are not sufficient to mitigate the financial considerations concerns. He falsely denied any delinquent debt on his June 2006 clearance application. Clearance is denied.


Financial: Personal Conduct

04/22/2008

Applicant owes more than $11,000 in delinquent debt. Payments totaling $150 in 2007 are not sufficient to mitigate the financial considerations concerns. He falsely denied any delinquent debt on his June 2006 clearance application. Clearance is denied.


Criminal Conduct; Personal Conduct

04/22/2008

Applicant's history of criminal conduct, including two pending charges, and his security clearance application omissions generate security concerns he failed to mitigate. Clearance is denied.


Financial; Personal Conduct

04/22/2008

Applicant failed to mitigate the security concerns that arise from her financial delinquencies and her failure to disclose the same in a security clearance application she submitted in March 2006.


Financial

04/22/2008

Applicant failed to mitigate financial allegations arising from 11 delinquent debts totaling approximately $23,000 many of which arose ten years ago during a periods of unemployment and several temporary jobs. However, she has held a responsible and better paid position for three years and little has been done to resolve the debts or to contact the creditors. Her solution of choice is now to file for Chapter 7 bankruptcy. Clearance is denied..


Criminal Conduct

04/22/2008

In 1985 and 1987, the police arrested and charged Applicant with possession of marijuana, grand larceny and drug paraphernalia. He served 15 months in prison for these crimes. In 1997 and 2004, after out of control arguing with his wife, the police arrested and charged him with assault and battery. Applicant failed to list his 2004 arrest and the amount of jail time served from the 1985 incident on his SF-86. He learned the welding trade in prison, has worked regularly since leaving prison, and has been steadily employed with his current employer for five years. He and his wife are separated and he is seeking a divorce. He has mitigated the government's security concerns under Guidelines J and E. Guidelines J and E are found in favor of Applicant.


Personal Conduct; Criminal Conduct

04/22/2008

Applicant's intentional omission of relevant information about his past drug use from a security clearance application generates a personal conduct security concern he failed to mitigate. Clearance is denied.


Foreign Influence

04/17/2008

Applicant left his native India and came to the United States in 1991 to further his education. He remained, became a successful engineer, married, has two children who were born in the United States, and became a U.S. citizen. Applicant renounced his Indian citizenship and surrendered his passport. He mitigated the foreign influence concerns raised by his parents, sister, and in-laws in India. Clearance is granted.


Financial

04/17/2008

Applicant's delinquencies, accrued over a 15-year period, were caused primarily by multiple family medical problems. In the past six months, Applicant has met with a credit counselor, contacted all of his creditors, arranged payment plans, and begun executing them. He has mitigated the financial considerations security concern. Clearance is granted.


Financial

04/17/2008

Applicant's approximately $70,000 of delinquent debt generates financial considerations security concerns. Although much was caused by circumstances beyond her control, and she has outlined a debt repayment plan, it is too soon to conclude the delinquencies no longer pose a security concern. Clearance is denied.


Alcohol; Drugs; Personal Conduct; Criminal Conduct

04/17/2008

Applicant committed DUI offenses in 1984, 1990, 1996, and 2006. He was convicted of marijuana possession in 1986, and was discharged from the Navy for drug abuse in 1989. He has abstained from drug use since 1990, and from alcohol use since January 2006. He has changed his lifestyle and is committed to sobriety. Applicant is making significant progress but, given his long history of substance abuse, insufficient time has passed since his last relapse to demonstrate permanent behavioral change. Clearance is denied.


Financial

04/17/2008

Applicant mitigated the security concerns raised under Guideline F that arose as a result of his wife's medical problems and periods of unemployment during which time he cared for her. Clearance is granted.


Financial

04/17/2008

Applicant is 36 years old, married with two children, and is a software engineer for a defense contractor. He accumulated $318,000 in delinquent debts. He has been unwilling or unable to repay these debts. Applicant has not mitigated the financial considerations security concern. Clearance is denied.


Financial

04/17/2008

Applicant had a history of financial difficulties. He is now in the process of resolving his overdue debts. His indebtedness is primarily due to his former wife's irresponsible spending while he was deployed overseas, and the medical bills of his wife and mother, that he has paid. His financial situation is now stable and current. Mitigation has been shown. Clearance is granted.


Financial

04/17/2008

Applicant's approximately $60,000 of delinquent debt generates financial considerations security concerns. Although much was caused by circumstances beyond his control, and he has outlined a debt repayment plan, it is too soon to conclude the delinquencies no longer pose a security concern. Clearance is denied.


Financial; Personal Conduct

04/17/2008

Applicant has had a long history of financial difficulties, and she has failed to resolve any of her overdue debts. Also Applicant knowingly provided false information to the Government about her financial situation. Mitigation has not been shown. Clearance is denied.


Criminal Conduct; Personal Conduct

04/17/2008

Applicant violated a restraining order in July 2006 and August 2006 when his mother and then he contacted his spouse. This criminal behavior is unlikely to recur since he is now divorced and there is no evidence of other criminal conduct. Personal conduct concerns were not proven since he did not deliberately conceal the criminal charges. Clearance is granted.


Financial

04/17/2008

Applicant is 45 years old, divorced with children, and works for a defense contractor as a security guard. She has over $27,000 in delinquent debt. She has not paid or resolved these debts. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

04/17/2008

Over a period of four years, Applicant was convicted of burglary, charged with driving under the influence, charged with domestic assault and making a false police report, and arrested for failure to appear in court. He disclosed only one arrest on his security clearance application. Security concerns based on criminal conduct and personal conduct are not mitigated. Clearance is denied.


Financial

04/16/2008

Applicant is a 55 year old employed as an Engineer for a defense contractor. He has delinquent taxes totaling approximately $44,000.00. Insufficient financial rehabilitation has been shown. Clearance is denied.


Guideline B

04/16/2008

The Judge's adverse conclusion under Guideline B are sustainable given his findings regarding Applicant's close tie to family members in Morocco. Adverse decision affirmed,


Guideline F

04/16/2008

At the time the case was submitted for decision Applicant still had delinquent debts. The Judge could reasonably conclude Applicant's financial problems were still ongoing. Adverse decision affirmed


Guideline B; Guideline C

04/16/2008

The Board concludes that both parties misread the Judge's decision as finding against Applicant under Guideline C and in favor of Applicant under Guideline B, due in part to the discrepancy between the conclusions in the text of the Judge's decision and the Formal Findings and in part to the fact that the Judge relied in her Guideline B analysis on Applicant's negative responses to a hypothetical question that had been alleged under Guideline C. To be fair to the parties, we remand the case to the Judge for the issuance of a new decision which should address all the relevant circumstances relating to the Guideline B. Adverse decision remanded.


Guideline B; Guideline E

04/16/2008

The Judge did not address the security concerns presented by Applicant's husband. The Judge should issue a new decision. Favorable decision remanded.


Foreign Influence; Foreign Preference; Financial; Personal Conduct

04/15/2008

Applicant's foreign influence and foreign preference security concerns pertaining to his Nigerian aunt and his expired Nigerian passport were mitigated. However, he falsified his 2006 security clearance application, and he led to pay two delinquent debts totaling about $9,000; despite having the means to pay the two debts. Security concerns relating to financial considerations and personal conduct are not mitigated. Eligibility for a security clearance is denied.


Drugs; Personal Conduct

04/15/2008

From 1999 to 2007, Applicant used marijuana 25 times. From 1999 to 2005, he used ecstasy 45 times. He was arrested and convicted of driving under the influence of alcohol in 2006. He continues to associate with drug users. Applicant did not provide sufficient mitigating evidence. Security concerns pertaining to drug involvement and personal conduct are not mitigated. Eligibility for a security clearance is denied.


Financial; Personal Conduct

04/15/2008

Appellant's exemplary work history does not mitigate his lack of action towards resolving his delinquent accounts. While many of these debts arose from a 2000 divorce, he has taken no action towards resolving his delinquent debts even though he has the means to do so. He failed to mitigate the security concern arising from his financial difficulties. He did not deliberately falsify his security clearance application. Clearance is denied.


Financial

04/15/2008

Applicant has a history of unresolved financial problems. He became overwhelmed with debt as a result of a costly divorce, uncovered medical debts, and unemployment. He explored avenues to reduce his cost of living to include living with a friend rent-free and getting rid of his automobile and relying on public transportation. He also sought financial counseling. He has paid off five out of ten creditors, set up payment plans with three creditors, and made a good-faith effort to resolve debts with two creditors. He has demonstrated he has the means, ability, determination to achieve financial stability. Clearance is granted.


Drug Involvement; Personal Conduct

04/15/2008

Applicant mitigated security concerns regarding his short term abuse of marijuana in 2005/2006 during a brief period of personal difficulty, which he properly documented on his security clearance application. He failed, however, to mitigate security concerns regarding his use of both his minor child and a young man he was helping rehabilitate to purchase marijuana for his personal consumption. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

04/15/2008

Applicant's dishonesty demonstrated throughout the investigative process, criminal conduct, and ongoing financial problems render her an unacceptable candidate for access to sensitive information. Eligibility to work in a sensitive position is denied.


Financial; Personal Conduct

04/15/2008

Applicant is a 59-year-old senior software engineer. He experienced serious financial problems several years ago when his small business failed due to events beyond his control. He resolved the matter through Chapter 11 and Chapter 13 bankruptcy proceedings. Likewise, he resolved state and federal tax debts. His current financial condition is stable and under control. Multiple mitigating conditions apply. The evidence is insufficient to prove that he deliberately made a false statement about his employment history in a disclosure statement for his Chapter 11 bankruptcy case. Clearance is granted.


Financial

04/15/2008

Applicant is a 29 year old employed as a Flight Simulator Maintenance Technician for a defense contractor. He has delinquent debts totaling approximately $9,500.00. Insufficient financial rehabilitation has been shown. Clearance is denied.


Foreign Influence; Foreign Preference

04/15/2008

Applicant and his spouse are natives of Lebanon and naturalized U.S. citizens. His mother-in-law and father-in-law, for whom he has “high affection,” are citizens and residents of Lebanon. He traveled to Lebanon annually to visit his in-laws, using his Lebanese passport. He destroyed the Lebanese passport shortly after the hearing. Security concerns based on foreign preference are mitigated, but concerns based on foreign influence are not mitigated. Clearance is denied.


Financial

04/15/2008

Applicant has approximately $60,000 of delinquent debt. Although he has recently retained a debt counseling agency, it is too soon to conclude it no longer poses a security concern in light of the age and the amount of the delinquencies. Clearance is denied.


Information Technology; Personal Conduct

04/15/2008

Applicant has many years of stellar employment with his company. He has held a security clearance during that time. He served in the United States Marine Corps. However, he admitted the misuse of his government computer by forwarding joke emails that contained pictures of nude women in 2003 or 2004. He also download material from pornographic sites. He completed a two year probation in 2007. He voluntarily received counseling and has taken positive steps to change his behavior. He has mitigated the security concerns . Clearance is granted.


Financial; Personal Conduct

04/15/2008

Applicant has had a long history of financial difficulties, and he has failed to resolve any of his overdue debts. He also has not filed Federal or state tax returns for many years. Finally, he knowingly provided false information to the Government. Mitigation has not been shown. Clearance is denied.


Guideline F

04/11/2008

Applicant's appeal brief does not allege harmful error by the Judge. Adverse decision affirmed.


Guideline H; Guideline E

04/11/2008

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


Guideline H; Guideline G; Guideline E

04/11/2008

Applicant presented some evidence of of reform but the Judge's adverse findings and conclusion were sustainable in light of the record as a whole. Adverse decision affirmed.


Financial

04/10/2008

Applicant failed to mitigate security concerns about his finances arising from seven delinquent debts incurred since at least 2004. In 2006 and 2007, he paid or resolved all but one of the debts. Applicant has not tried to pay or resolve the remaining delinquency of approximately $15,000, which was incurred in 2004 and constitutes 95% of the total debt listed in the SOR. Applicant provided no information about his finances or other factors relevant to his suitability for access to classified information. Applicant's request for a security clearance is denied.


Personal Conduct; Criminal Conduct

04/10/2008

Applicant's security clearance application falsifications generate a personal conduct security concern he failed to mitigate. Clearance is denied.


Financial

04/10/2008

Applicant is 30 years old and employed as a field logistician. He has a history of financial problems about $17,000 in delinquent debts that he has done little to resolve. No mitigating conditions apply. Clearance is denied.


Financial

04/10/2008

Applicant began to develop financial problems in 2000. Three creditors obtained judgments against him, which are not paid. He resolved the federal tax lien, but has not paid any of the remaining delinquent debts he incurred between 2002 and 2006. Applicant has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Foreign Influence

04/10/2008

Applicant was born in Hong Kong, is a naturalized U.S. citizen, and has lived in the United States since 1993. Applicant’s grandmother and uncle are citizens and residents of Hong Kong. His mother and sister are dual citizens of the United States and Hong Kong living in the U.S. His fiancée is a legal resident of the U.S., a citizen of Hong Kong, who has lived in the U.S. since 2000.


Financial; Personal Conduct

04/10/2008

In the 1990s, Applicant and his sister developed, incorporated, and operated an office cleaning business for three years. As a consequence of the business, significant unpaid state tax liens and related judgments remain unpaid as does a federal tax lien. Applicant paid the $37,000 in tax liens and reasonably believed he had paid all state tax debts in 2002. His more recent unpaid debts occurred, in part, because of job loss and fire damage. He developed repayment plans on his new debts, which he pays, and is managing his monthly expenses. He hired a tax representation firm to help resolve his old state tax problems. He did not intentionally falsify his answer on his security clearance. He has mitigated the government's security concerns under Guidelines F and E. Clearance is granted.


Alcohol; Criminal Conduct

04/10/2008

Applicant began habitual heavy alcohol consumption to relieve severe back pain and bouts of depression. He was convicted of driving under the influence in October 2001 after crossing over the center line and striking two vehicles. In March 2005, he was again stopped by police after crossing the center line. He failed a field sobriety test and was convicted of refusing a breathalyzer. His sentence included community service and alcohol abuse treatment. He did not complete his community service until about February 2007 and did not begin alcohol-abuse treatment until July 2007. He has not completed his alcohol-abuse treatment. Security concerns based on alcohol consumption and criminal conduct are not mitigated. Clearance is denied.


Financial; Personal Conduct; and Criminal Conduct

04/10/2008

Applicant has $19,000 of delinquent debt. He has not resolved his delinquent debts. He falsified his SF 85P Questionnaire for Public Trust Position by not listing his debts or his criminal incidents while in the military. He did not produce any evidence for mitigation. Applicant has not met his burden of proof in this case. The falsification of his application constitutes a felony under Federal law. Clearance is denied.


Financial

04/10/2008

Applicant is a 31 year old Human Resource Director for a defense contractor. She remains indebted in the amount of $44,000.00 brought on by job offs and periods of unemployment between her and her husband that left them surviving on credit cards. For the past three years she has been gainfully employed. Although she has planned to file Chapter 7 Bankruptcy, she still has not. No financial rehabilitation is shown. Clearance is denied.


Criminal Conduct; Alcohol; Personal Conduct

04/10/2008

Applicant is a 32-year-old employee of a defense contractor. He was arrested and charged with five alcohol-related offenses (DUI) in 1998, 1999, 2002, and 2003. The 2003 DUI was only recently resolved in 2007. As a result, he remains on supervised probation until about October 2009. In addition, he deliberately understated his record of DUI charges and convictions when he completed a security-clearance application in November 2005. Clearance is denied.


Financial

04/10/2008

Applicant did not make adequate progress in the resolution of six debts listed on the statement of reasons, totaling about $16,000. Security concerns pertaining to financial considerations are not mitigated. Eligibility for a security clearance is denied.


Guideline G; Guideline B

04/10/2008

Th Judge' sustainable findings of fact support his adverse decision under Guideline G. Adverse decision affirmed.


Alcohol; Criminal Conduct

04/10/2008

Applicant is a high-functioning alcoholic who has repeatedly relapsed despite several substance abuse treatments since 1991. He is still on probation for a May 2007 drunk driving offense. He has abstained since his last drink on June 2, 2007, and is now committed to his recovery, but it is not enough to overcome the security concerns. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct

04/10/2008

Applicant mitigated criminal conduct allegations concerning a domestic dispute in 2000 resulting in an assault charge by passage of time and responsible behavior since that time. He refuted an alleged gang drug incident in 1997 by establishing that it was not he who was involved but his brother. He mitigated financial allegations arising from delinquent debts by establishing that many had been paid and that the majority of them totaling $45,000 for student loans were consolidated and he is paying through salary deduction each month. He mitigated personal conduct allegations by establishing that omissions of delinquent debt information on his SF 86 were not deliberate and that a garnishment to satisfy a delinquent student loan occurred after the SF 86 was filed. Clearance is granted.


Guideline F; Guideline E

04/10/2008

There is a rebuttable presumption that a has considered all the evidence in the record. Adverse decision affirmed.


Guideline F; Guideline E

04/10/2008

It was error for the Judge not to analyze Applicant's the significance of Applicant's new debt incurred in order to pay his tax debt. Th Judge's analysis of new language in Guideline E is not supported by a broader reading of the Guideline or the Directive. An analysis under Guideline E is required. Favorable decision remanded.


Personal Conduct; Information Technology

04/10/2008

Applicant inadvertently loaded adult sexual images onto a server at work using his government-owned computer in April 2005. He had previously viewed pornography at work in violation of company policy. During an investigation into the April 2005 incident, he falsely denied ever viewing inappropriate adult material at work. Clearance is denied.


Alcohol; Personal Conduct

04/10/2008

Applicant has 30 years of outstanding employment with his company. He has held a security clearance during that time. In 1986 and in 1992, he was arrested for a DUI. He has had no other alcohol driving incidents. He continues to drink at home. He has mitigated the alcohol and personal conduct through passage of time. Clearance is denied.


Financial

04/09/2008

Applicant is a 35 year old employee in the Design Training Program for a defense contractor. He has delinquent debts totaling approximately $25,632.00. He has made no good faith effort to resolve his indebtedness. Clearance is denied.


Guideline B

04/09/2008

The Judge is not legally obligated to reconcile his decision with decision in ostensibly similar cases. Adverse decision affirmed.


Guideline F

04/09/2008

The Judge has articulated a satisfactory explanation for his conclusions. Favorable decision affirmed.


Guideline C; Guideline B

04/09/2008

The Board concludes that the Judge did not adequately discuss significant mitigating evidence in light of prior precedents. Adverse decision remanded.


Guideline F

04/09/2008

The record evidence does not support a conclusion that Applicant's financial problems were largely beyond his control. Applicant's own testimony that he conveyed title to his home to a buyer without getting paid and now pays the buyer rent to live in the same house and continues to pay the mortgage further undercuts any conclusion of reasonableness as his regards his conduct of his finances. Favorable decision reversed.


Financial

04/08/2008

Applicant is a 46 year old Armed Security Officer for a defense contractor. He has delinquent debts totaling approximately $13,000.00. His income has increased as his expenses have decreased. He plans to pay off all of his delinquent debt. He has either paid off the debt or has set up a monthly payment schedule that he is following to get the debts resolved. A good faith effort to resolve his debts has been demonstrated. Clearance is granted.


Criminal Conduct; Alcohol Consumption

04/08/2008

Applicant is a 30 year old Mechanical Engineer for a defense contractor. He has abused alcohol for the past twelve years as evidenced by a number of alcohol related incidents, resulting in his arrest, charge and conviction, the most recent offense of which occurred in March 2006. The Applicant remains on probation for this offense until June 2009. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

04/07/2008

Applicant failed to mitigate security concerns about his finances. He failed to take responsibility for his debts, and blamed his wife for his financial problems. Despite always having had the resources to pay some of his debts, he has failed to take action for at least four years to pay or resolve any of them. Applicant's eligibility for a security clearance is denied.


Alcohol

04/07/2008

Applicant failed to mitigate the security concern caused by his alcohol consumption.


Criminal Conduct

04/07/2008

Applicant had an extensive criminal record in the 1970s and 1980s. He is a recovering alcoholic and drug addict. He voluntarily sought treatment in 1988, and has not used drugs or alcohol since. He remains very active in a 12 step program. He has not been arrested since he was released from prison in 1991 for a probation violation that occurred before he became sober. He has worked in the same trade since he was released from prison, and has risen to foreman. Applicant has mitigated his criminal conduct. Clearance is granted.


Foreign Influence

04/07/2008

Applicant's mother, brothers, and sisters-in-law are citizens and residents of the Peoples Republic of China (PRC). She came to the United States in 1992, became a citizen in 2006, and uses her United States passport for travel. Since coming to the United States, she has returned to China only twice, in 2001 and 2007. Applicant has mitigated security concerns based on nature of the relationship with her family members in the PRC. She established her loyalty and obligation to the United States and her lack of loyalty and obligation to the PRC, so that she is not subject to foreign pressure or coercion and can be expected to resolve any conflict of interest in favor of the United States.


Alcohol; Personal Conduct

04/7/2008

Applicant's alcohol abuse has resulted in one DUI in 2006. While Applicant continues to consume alcohol, he does not consume alcohol to excess, nor does he drive after consuming any alcohol. The information Applicant furnished to the Government was correct at the time Applicant competed a Security Clearance Application. Mitigation has been shown. Clearance is granted.


Foreign Influence

04/07/2008

Applicant (a naturalized U.S. citizen) has immediate and extended family members who are citizens and residents of Taiwan. His primary loyalties and demonstrated commitments to the U.S., despite his strong affections for his parents, brother and extended family members residing in Taiwan, 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; Personal Conduct

04/07/2008

Applicant has had a long history of financial difficulties, and he only resolved one of his overdue debts. Mitigation has not been shown. Clearance is denied.


Financial

04/07/2008

From 1993 until 1999, Applicant worked sporadically, causing significant financial problems filed for bankruptcy under Chapter 13 in 1997, which the court dismissed for nonpayment. He filed for Chapter 7 bankruptcy in 2000. The bankruptcy court discharged all his debts, except his unpaid federal taxes and a state tax debt. He has managed his finances more prudently in the last seven years. He recently resolved his outstanding state debt and complies with the terms of his repayment plan for his overdue federal taxes. Applicant has shown a major change in his financial management. He has mitigated the government's security concerns under Guideline F. Clearance is granted.


Guideline G

04/07/2008

The Judge applied an overly strict definition of the terms medical professional and licensed social worker. Guideline G disqualifying conditions 22(d) and 22(e) should not be construed narrowly. In analyzing cases before them DOHA Judges must be guided by common sense and with a view toward making a reasoned determination consistent with the interests of national security. Favorable decision remanded.


Guideline B; Guideline C

04/07/2008

The Judge concluded that in light of Applicant's family ties in Taiwan and his years living there after acquiring U.S. citizenship he had not met his burden of persuasion. Adverse decision affirmed.


Financial

04/07/2008

Applicant has 20 years of stellar employment with her company. She has held a security clearance during that time. However, she has delinquent debt that originated in 2002 that she has not paid. Although the debt was incurred partly due to circumstances beyond her control, she has decided to pay current bills and let the delinquent debt that is charged off remain until it is no longer on her credit report. She has not mitigated the financial considerations security concern. Clearance is denied.


Guideline F

04/07/2008

Applicant has over $15,000 of delinquent consumer debt. Adverse decision affirmed.


Guideline F

04/04/2008

The Judge made sustainable findings that Applicant's financial problems were due to cause beyond his control and that Applicant had responded reasonably. The Judge's adverse conclusions did follow from those findings. Adverse decision reversed.


Guideline F, Guideline E

04/04/2008

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


Guideline F

04/04/2008

While unemployment has a bearing on financial condition, twice being terminated for cause was not beyond Applicant's control. Applicant's expenses on his daughter's surgery predate his 1995 bankruptcy, and his divorce was in 1989. Applicant's 2007 credit counseling certificate indicates that no repayment plan was prepared. The record does not support a conclusion that has met his burden of persuasion. Favorable decision reversed.


Guideline H

04/04/2008

Applicant used marijuana five times. The Judge's erroneous conclusion that the government failed to establish a case for disqualification is harmless in this case. Favorable decision affirmed.


Foreign Influence

04/03/2008

Applicant is an Iraqi born, naturalized U.S. citizen, who has lived in the United States since1992. Applicant’s four siblings are citizens and residents of Iraq. For 14 months, he acted as an interpreter for U.S. forces in Iraq. After a thorough review of the case file, pleadings, exhibits, and evidence, I conclude Applicant has rebutted or mitigated the government’s security concerns under Guideline B, foreign influence. Based upon a review of the case file, pleadings, exhibits, and testimony, eligibility for access to classified information is granted.


Financial; Personal Conduct

04/03/2008

Applicant has a history of unresolved financial problems. His financial problems arose as a result of going through a five-month job retraining program for which he received no salary. He also inadvertently failed to list debts when completing his security clearance application. He has undertaken steps to overcome his past mistakes and has demonstrated that he is resolving his financial problems in a satisfactory manner. Clearance is granted.


Financial; Personal Conduct

04/03/2008

Applicant's history of financial problems since 1997 raise security concerns. After a 1997 Chapter 7 bankruptcy discharge, he incurred additional delinquent debt including state tax liens, a total approximate balance of $28,810. While he resolved several delinquent accounts, a $9,456 state tax lien remains unresolved and Applicant has not filed state and federal income tax returns for tax years 2002 to 2006. Applicant did not intend to falsify his security clearance application. I find for Applicant under the personal conduct concern. Security concerns under financial considerations are not mitigated. Clearance is denied.


Financial; Personal Conduct

04/03/2008

Applicant is 50 years old and employed as a HVAC installer. He has a history of financial problems and he has done little to demonstrate an intent to resolve his financial problems. The record evidence is insufficient to prove that he gave deliberately false answers about his financial record in response to two questions on a security-clearance application. Clearance is denied.


Financial

04/02/2008

Applicant failed to mitigate security concerns about her finances. The fact her debts stemmed from an abusive marriage and extended unemployment is outweighed by the passage of more than five years since those events and by her current inability or unwillingness to manage her finances. Applicant's eligibility for a security clearance is denied.


Personal Conduct

04/02/2008

Applicant filed fraudulent documents with his employer and received $46,000. He lied to an investigator about his conduct. Security concerns pertaining to personal conduct are not mitigated. Eligibility for a security clearance is denied.


Foreign Influence

04/02/2008

Applicant (a naturalized U.S. citizen) has immediate and extended family members who are citizens and residents of Taiwan. Her primary loyalties to the U.S., despite her continued loyalty to her parents, enable her 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.


Foreign Influence

04/02/2008

Applicant failed to mitigate the foreign influence security concerns arising from her relationship and contacts with Iranian citizens. Eligibility for access to classified information is denied.


Financial; Personal Conduct

04/02/2008

Applicant is 61 years old and employed as a security guard. He has a history of financial problems and he has done little to demonstrate an intent to resolve his financial problems. In addition, he gave deliberately false answers about his financial record in response to two questions on a security-clearance application. No mitigation applies. Clearance is denied.


Financial

04/02/2008

Applicant filed for bankruptcy under Chapter 7 in 1982 and again in 2002. The bankruptcy court discharged her debts. In the interim 20 years, Applicant continued to experience difficulties with paying her bills on a regular basis. In January 2006, her employer laid her off. She found new employment, starting in January 2007. She missed two months of work for a medical problem in the summer of 2007. Both events impacted her finances. Applicant filed for Chapter 13 bankruptcy in 2007 and the bankruptcy court has approved her repayment plan. She has not provided evidence of compliance with her repayment plan or a financial statement which shows her ability to comply with the terms of her repayment plan. Applicant has not shown any major change in her financial management. She has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Foreign Influence; Foreign Preference

04/01/2008

Applicant is a 38 year-old, who was born in Russia and moved to the U.S. in 1998, and continues to be a dual citizen of Russia and the United States. Her husband is also a dual citizen of Russia and the United States. Applicant's mother and grandmother are citizens and Russia, and her grandmother still resides in Russia. The evidence introduced in the case was insufficient to make a determination that her grandmother does not constitute an unacceptable security risk or to determine that Applicant has deep and longstanding relationships and loyalties in the U.S. Mitigation has not been shown. Clearance is denied.


Foreign Influence; Foreign Preference

03/31/2008

Applicant left his native India and came to the United States in 1992 to further his education. He remained, became a successful engineer, married, had a child with another on the way, and became a U.S. citizen. Applicant has formally renounced his status as an Overseas Citizen of India. He has mitigated the foreign influence concerns raised by his parents, brother, and in-laws in India. Clearance is granted.


Financial

03/31/2008

Applicant has a history of unresolved financial problems. Overwhelmed with debt as a result of a low paying job and challenges of being a single parent solely responsible for the support of her son, she sought chapter 7 bankruptcy relief and was awarded a discharge in 2006. She has since demonstrated she has the means and ability to achieve financial stability. Clearance is granted.


Financial

03/31/2008

The evidence reflects that in September 2004, Applicant and the victim became extremely intoxicated, then he took advantage of her by assaulting her while she was unconscious. Due to the recency of the crimes, Applicant's successful compliance with two years of probationary terms is not sufficient to satisfy his burden of demonstrating his security clearance suitability. Eligibility of access to classified information is denied.


Financial; Personal Conduct

03/31/2008

Applicant has a history of unresolved financial problems. His financial problems arose as a result of a costly divorce, unemployment/underemployment, and a failed business. He also inadvertently failed to list a debt when completing his security clearance application. He has undertaken steps to overcome his past mistakes and has demonstrated that he will resolve his financial problems in a satisfactory manner. Clearance is granted.


Criminal Conduct; Financial

03/31/2008

Applicant's breach of his fiduciary duty to his former employer was mitigated by his demonstrated remorse, rehabilitation, and lengthy history of trustworthiness—both before and after his misconduct. Clearance granted.


Drugs

03/31/2008

Applicant is 32 years old and employed by a defense contractor. Applicant has a 14-year history of drug abuse. He failed to mitigate the security concerns raised under Guideline H, pertaining to his drug involvement. Clearance is denied.


Financial; Personal Conduct

03/31/2008

Applicant's falsification of his clearance application, and the financial problems he concealed, render him an unsuitable candidate for access to classified information. Clearance denied.


Foreign Influence; Foreign Preference

03/31/2008

This 33-year-employee is a dual citizen of the United States and El Salvador. She was born and educated in the U.S. She moved to El Salvador for a period of time in 2002. She has extended family in El Salvador but is not in touch with any of them. She no longer has a boyfriend who is a Salvadoran. She is willing to renounce her Salvadoran citizenship. She has mitigated the security concerns. Clearance is granted.


Personal Conduct

03/31/2008

Allegations of Applicant filing false local travel claims in 1998 and abusing work hours in December 2003 raised security concerns under personal conduct. Applicant repaid the amount the government overpaid him related to the local travel claims. No subsequent incidents have occurred raising personal conduct concerns since 2003. Applicant's current employer rates him as an outstanding employee. Personal conduct concerns are mitigated. Clearance is granted.


Financial

03/31/2008

Applicant's financial irresponsibility renders him unsuitable for access to classified information. Clearance denied.


Financial; Personal Conduct

03/31/2008

Applicant has had a long history of financial difficulties, and he has not resolved the majority of his overdue debts. Mitigation has not been shown. Clearance is denied.


Personal Conduct

03/31/2008

Applicant's romantic involvement with an illegal alien, her providing him and his relatives (also illegal aliens) with shelter, her joint purchase of foreign property, her providing support to his family in Mexico, and her inability to recognize how any of this might raise security concerns, raise serious issues about her judgment and reliability. Clearance denied.


Foreign Preference; Foreign Influence

03/31/2008

Applicant is a 24-year-old electrical engineer who has dual citizenship with Iran and the U.S. He continues to possess an Iranian passport and used it twice to visit family members in his native Iran after becoming a U.S. citizen in June 2005. He is unwilling to surrender his Iranian passport as he needs it to enter Iran to visit his family members. Foreign preference and foreign influence concerns are not mitigated. Clearance is denied.


Financial; Personal Conduct

03/31/2008

Applicant mitigated the security concerns about his past due debts, as they were due to circumstances beyond his control and have either been paid or otherwise resolved. His current finances are sound. Applicant's omission of information about his debts from his security questionnaire was unintentional, and, thus, not disqualifying. Applicant's eligibility for a security clearance is granted.


Alcohol, Personal Conduct, Criminal Conduct

03/31/2008

Applicant is 30 years old and employed by a defense contractor. From 1996 until May 2006, Applicant consumed alcohol to excess and used illegal drugs on a regular basis, including while holding a security clearance. Applicant failed to mitigate the security concerns raised by his alcohol consumption, personal conduct and criminal conduct. Clearance is denied.


Personal Conduct

03/31/2008

Appllicant's misuse of government equipment and her breach of her fidicuary duty to her employer render an unsuitable candidate for access to classified information. Clearancd denied.


Financial; Personal Conduct

03/31/2008

Applicant with a history of financial problems that includes a completed Chapter 13 bankruptcy petition and a host of unresolved medical, consumer and real estate debts attributable to excessive medical costs and insufficient income sources does not mitigate financial concerns. Applicant successfully refuted allegations of falsification of his security clearance application. Clearance is denied.


Financial

03/31/2008

Applicant accrued approximately $14,000 of delinquent tax debt between 1991 and 1995, and approximately $25,000 of delinquent tax debt between 2001 and 2005. The 1995 delinquency accrued because of financial problems generated by a divorce, and the 2005 delinquencies accrued after a lengthy unemployment. Applicant satisfied the 1995 delinquency approximately 10 years ago, and satisfied the 2005 delinquency approximately one month ago. He has earns ample income to prevent a recurrence of such problems in the future. Clearance is granted.


Drug Involvement; Personal Conduct

03/28/2008

This 40-year-employee was charged with marijuana use in 2006. He completed his probation in January 2008. He used a controlled substance (schedule 2) Adderall for a period of time without a prescription. He was inconsistent in his answers to questions on his security clearance application, SOR and answers to 20006 interrogatories. Mitigation has not been adequately established. Clearance is denied.


Financial

03/28/2008

Applicant owes delinquent debt in excess of twice her annual salary that she has not begun to repay. Her financial problems are due primarily to her spouse's inability to work because of mental health issues, but also to poor financial decisions on her part. Clearance is denied.


Criminal Conduct

03/28/2008

Between 1995 and 2001, the police arrested and charged Applicant with three driving under the influence (DUI) offenses, an habitual offender offense, two marijuana possessions, and public drunkenness. Because his third DUI and the habitual offender charges were felonies, Applicant served 15 « months in prison. While in prison, he reevaluated his life style and made positive changes. He sopped drinking alcohol almost seven years ago and stopped using marijuana a few months later. He has been steadily employed for five years, recently married and has purchased a house. He had mitigated the government's security concerns under Guideline J. Guideline J is found in favor of Applicant.


Foreign Preference

03/28/2008

Applicant failed to mitigate the foreign preference security concerns that exist in this case.


Financial; Personal Conduct

03/28/2008

Applicant began accumulating delinquent debts around 2002 or 2003. His financial problems were exacerbated when he and his wife were both laid off from their jobs for more than two years. He is enrolled in a credit counseling program but not all his delinquent debts are included in the program. He intentionally failed to disclose his delinquent debts on his security clearance application. Clearance is denied.


Foreign Influence

03/28/2008

Applicant is a 41-year-old native-born Iraqi who immigrated to the U.S. in 1994 after obtaining political asylum. He obtained U.S. citizenship in 2002. After becoming a U.S. citizen, he worked as a contract linguist for about 18 months in Iraq supporting the mission of the U.S. armed forces. Although he has family ties to Iraq, he has significant contacts and ties to the U.S. Applicant has mitigated any potential foreign influence security concern. Clearance is granted.


Financial

03/28/2008

Applicant is a 50-year-old employee of a defense contractor with a history of financial problems stemming from her husband's loss of employment and his alcoholism, which resulted in a recent divorce. She has demonstrated maturity and good judgment by taking concrete actions to address the financial problems caused by circumstances largely beyond her control. This is a case of bad things happening to an otherwise responsible person who has held a security clearance, without an adverse incident, for many years. Clearance is granted.


Personal Conduct; Financial

03/28/2008

Applicant submitted fraudulent travel claims to his employers on multiple occasions between October 1996 and June 2003. He filed fraudulent federal income tax returns for 15 years. Security concerns based on personal conduct and financial considerations are not mitigated. Clearance is denied.


Financial

03/28/2008

Applicant has a history of unresolved financial problems. His problems arose, in part, as a result of a business downturn. He sought chapter 13 bankruptcy protection and is current on his repayment plan. He has undertaken steps to overcome his past mistakes and has demonstrated that he will resolve his financial problems in a satisfactory manner. Clearance is granted.


Foreign Preference

03/28/2008

Applicant is a 64-year-old contracts manager for a defense contractor. He was born in Israel and became a naturalized U.S. citizen in 1962. He served as an officer in the Air Force for 21 years, holding a clearance during and after that time. In 1998 he obtained an Israeli passport, extended its validity three times, and used it to visit Israel in 2005. Even after being informed of security concerns arising from this conduct, he refused to surrender or otherwise invalidate it, and intends to maintain it for future use. Foreign Preference security concerns were not mitigated. Clearance is denied.


Drugs, Personal Conduct, Criminal Conduct.

03/28/2008

Applicant provided false and misleading information about his criminal conduct and drug use on his security clearance application and in response to interrogatories. He failed to mitigate security concerns under the Drug Involvement, Personal Conduct, and Criminal Conduct adjudicative guidelines. Clearance is denied.


Alcohol; Criminal Conduct

03/28/2008

Applicant began drinking alcohol as a teenager. After receiving two DUIs in the mid-1980s, he moderated his drinking then stopped for six years. In 1996, he resumed his consumption of alcohol. Within two years, he significantly increased the quantity and frequency of his drinking. Between 1999 and 2007, the police arrested him six times for alcohol related offenses. After his last arrest, he realized he had an alcohol problem and sought help. He successfully completed an in-patient treatment program and continues with his after-care plan, which includes attending alcoholics anonymous meeting at least five days a week and medication. Applicant has mitigated the government's security concerns under Guidelines G and J. Clearance is granted.


Guideline H; Guideline E

03/28/2008

The Board does not review a single sentence in isolation, but considers it reference to the decision as a whole. Applicant's reliance on the Adjudicative Desk reference is misplaced. DOHA judges are required to use the Adjudicative Guidelines of the Directive, not the Adjudicative Desk reference. Adverse Decision affirmed.


Guideline J; Guideline E

03/28/2008

Applicant had two been arrested twice prior to preparing his security clearance application in 2006. He reported the earlier (2001) arrest on his security clearance application adding that there was "no record of trouble" since then. He did not mention his 2003 arrest for receiving stolen property. The record supports the Judge's decision. Adverse decision affirmed.


Financial; Personal Conduct

03/28/2008

Applicant did not intentionally provide false information on a security questionnaire, but she failed to mitigate the security concerns raised by her financial history. Clearance is denied.


Personal Conduct; Criminal Conduct

03/28/2008

Applicant served in the U.S. Coast Guard (active duty) from July 1999 until May 2004. He was administratively discharged due to his unsatisfactory performance. In 2004, Applicant was found guilty of failure to report an accident. His supervised probation ended on January 3, 2008. He provided no information to consider for mitigation. Clearance is denied.


Personal Conduct

03/28/2008

Applicant twice received non-judicial punishment in the Army. The first action was for adultery. The second was for sodomy. The second non-judicial punishment included a charge for false official statement. He lied about the sodomy in that he stated it was consensual while it was not. He failed to mitigate the security concerns. Clearance is denied.


Guideline C; Guideline B; Guideline F; Guideline E

03/28/2008

An applicant with family members living in a country hostile to the U.S. bears a heavy burden in demonstrating that those family members circumstances do not pose a security risk. In this case the record is sparse. Favorable decision reversed.


Financial

03/27/2008

Applicant failed to mitigate the security concerns caused by his financial problems.


Drugs; Personal Conduct

03/27/2008

This 59-year-employee was charged with attempting to purchase drugs in 1991. He used crack cocaine from sometime in 2004 until 2005. During this period of time, Applicant held a security clearance. He also purchased cocaine several times. Mitigation has not been adequately established. Clearance is denied. He tested positive for cocaine use based on a urine sample at work. He has not had a sufficient period of abstinence for mitigation under these guidelines. Clearance is denied.


Personal Conduct; Criminal Conduct

03/27/2008

Applicant did not deliberately falsify his security questionnaires or provide false information during his background interview. He did not commit any criminal acts. He mitigated the minor incidents of questionable personal conduct which he did commit. Clearance is granted.


Foreign Preference; Foreign Influence

03/27/2008

Applicant is 37 years old, married with four children, and works for a defense contractor. He was born in Jordan, and moved to the United States 19 years ago when he was 18 years old. He now owns three parcels of real estate in the United States. His parents and one brother moved to the United States, and live near him. Applicant's remaining two brothers are now living in Sweden. None of his immediate family members reside in Jordan or Palestine anymore. Applicant mitigated the foreign preference and foreign influence trustworthiness concerns. Clearance is granted.


Criminal Conduct; Information Technology

03/27/2008

Applicant's criminal misuse of her personal computer in a conspiracy to commit copyright infringement in 2001 is mitigated by the passage of at least six years, her remorse for participating in the criminal activity, and the favorable action she has taken to turn her life around both academically and professionally. Eligibility for access to classified information is granted.


Criminal Conduct; Personal Conduct

03/26/2008

Applicant mitigated the criminal conduct security concerns raised by his behavior under the whole person concept. His omission of material information from his security clearance application was not with the intent to deceive or to falsify his application. Eligibility for access to classified information is granted.


Drugs; Personal Conduct

03/26/2008

Applicant failed to rebut or mitigate security concerns under Guidelines H and E. Pursuant to 50 U.S.C. 435b, Section 3002, Applicant does not qualify for a security clearance, and his eligibility for access to classified information is denied.


Financial; Personal conduct

03/26/2008

Applicant who accumulated three major delinquent debts that he has failed to address does not mitigate financial concerns associated with his unresolved debts. Allegations of falsification of his security clearance application were unsubstantiated. Clearance is denied.


Financial; Personal Conduct

03/26/2008

Applicant mitigated the security concerns caused by his financial problems.


Financial; Personal Conduct

03/26/2008

Applicant with history of delinquent debts she accumulated during a period unemployment and as the result of an uninsured hospitalization mitigates financial concerns by a combination of exhibited extenuating circumstances and repayment efforts. Allegations of falsification of her security clearance application were unsubstantiated. Clearance is granted.


Foreign Influence

03/26/2008

Applicant has family members who are citizens and residents of the Peoples Republic of China (PRC). He visited the PRC six times from 2000 to 2004. Applicant mitigated security concerns related to his contacts in PRC because the nature of the relationship does not create a heightened risk of exploitation, pressure, or coercion, and there is no conflict because his sense of loyalty to the United States outweighs any sense of obligation to his foreign relatives. Clearance is granted.


Alcohol

03/26/2008

Applicant is a 50-year-old engineer for a defense contractor. He was arrested for alcohol-related charges when he was in his 20s. He was arrested for driving under the influence of alcohol in May 2005, and pled guilty. He completed all the terms of his probation. Applicant continues to drink alcohol, but only in moderation. Clearance is granted.


Financial

03/26/2008

Applicant is a 56-year-old manager of a defense contractor. He had ten relatively minor unsecured debts that became delinquent during the break up of his 27-year marriage. He has resolved 30% of the SOR-listed debt, and has the means and intent to repay the rest in connection with his pending final divorce decree and property settlement. Financial considerations security concerns were fully mitigated. Clearance is granted.


Financial

03/26/2008

Applicant owes more than $52,000 in consumer credit debt, due to unemployment but also to poor financial judgment. In September 2007, he borrowed $5,000 from a friend so that his teenage goddaughter could buy a car. His efforts to address his indebtedness since October 2007 are not sufficient to mitigate the financial considerations concerns. Clearance is denied.


Financial

03/26/2008

Applicant is 30 years old, married, and works for a defense contractor. He has nearly $56,000 in delinquent debt. He has made no effort to repay these four debts. Applicant failed to mitigate the financial considerations security concerns. Clearance is denied.


Financial

03/26/2008

Applicant failed to mitigate financial allegations arising from 14 delinquent debts totaling approximately $29,000 many of which arose during the past ten years as a result of unemployment, low income and medical problems. None of the debts have been repaid despite the fact that he now has a good job and is financially stable. He recently received $30,000 from and inheritance but used it to pay for an expensive automobile. His wife receives $650 per month from a trust fund but the funds are deposited in savings. Although Applicant is in credit counseling since the hearing, it is premature to grant a clearance. Clearance is denied..


Personal Conduct

03/26/2008

Applicant's deliberate and/or negligent failure to follow the rules imposed by the area commander while working as a contract employee raise questions about his trustworthiness, reliability, and judgment. Applicant acquired weapons for himself and several other contract employees with military members in exchange for alcohol and possessed sexually explicit magazines while in the area of operations. Both actions showed a disregard for standing orders and following the rules within the area of operations. His claims of ignorance of the regulations lacks credibility due to his prior military experience. Personal conduct concerns have not been mitigated. Clearance is denied.


Alcohol; Personal Conduct; Criminal Conduct

03/26/2008

When Applicant met his former wife, he started drinking alcohol in significantly larger quantities because they often went to clubs to dance and drink. He continued to drink after their divorce for four more years. From 1999 until March 2006, the police arrested him twice for DWI and once for disorderly conduct. All his arrests followed an evening of drinking. In 2006, he sought and received alcohol counseling. He stopped drinking alcohol two years ago and does not intend to do so in the future. He has not violated the protective order issued in May 2003. Although he failed to tell the investigator about his 2006 DWI during his interview, his FSO and human resources contact led him to believe that he did not need to talk about this incident unless the investigator asked a specific question about it. Applicant has mitigated the government's security concerns under Guidelines G, E and J. Clearance is granted.


Financial; Personal Conduct

03/26/2008

Applicant failed to mitigate the trustworthiness concerns arising from her financial considerations. Moreover, she falsified her public trust position application. Eligibility for a public trust position and access to sensitive information is denied.


Security Violations; Personal Conduct

03/26/2008

Applicant committed ten security violations over a period of 17 years. Insufficient mitigation is shown. Clearance is denied.


Financial

03/24/2008

Applicant mitigated the security concerns caused by his financial problems.


Financial; Personal Conduct

03/24/2008

Applicant accumulated 14 delinquent debts totaling more than $19,000 as a result of periods of unemployment. Although he has been employed since August 2004, he has resolved only four debts. He disclosed only two debts on his security clearance application. Security concerns based on financial considerations and personal conduct are not mitigated. Clearance is denied.


Financial

03/24/2008

Applicant is a 46-year-old Chief Technology Officer, and one of three founders, of a high-tech defense contractor. He had ten unsecured debts that became delinquent over a nine month period five years ago, following investment and job losses in the "tech crash." His new company is doing very well. He has resolved 60% of the SOR-listed debt, and has the means and intent to repay the rest within two years. Financial considerations security concerns were fully mitigated. Clearance is granted.


Financial

03/24/2008

Applicant failed to mitigate the security concerns arising from her financial considerations. Eligibility for access to classified information is denied.


Foreign Preference

03/24/2008

Applicant is 39 years old, married with one child, and works for a defense contractor in the health insurance business. She immigrated to the United States in 1989 with her American husband. She became a U.S. citizen in 2005. She retains her German passport and refuses to surrender it. She does not have a U.S. passport. Applicant failed to mitigate the foreign preference trustworthiness concern. Her eligibility for a trustworthiness determination is denied.


Drugs; Personal Conduct; Criminal Conduct

03/24/2008

Applicant used a variety of illegal drugs from 1985 to December 2003, including marijuana, cocaine, hallucinogenic mushrooms, LSD and whippets. He used each of these illegal drugs at least once while holding a security clearance. He failed to fully disclose his illegal drug possession and/or use on his security clearance applications in 1991, 1996, 2003, 2004, and 2006, and during a 2003 NSA interview. Security concerns pertaining to drug involvement, personal conduct and criminal conduct are not mitigated. Clearance is denied.


Financial

03/24/2008

Applicant still owes over $30,000.00 in back taxes and around $11,000.00 in delinquent unsecured debt. He provided no reasonable explanation for this delinquent debt. Clearance is denied.


Financial

03/24/2008

Applicant's claim of having repaid some of her delinquent debts is not substantiated. Her desire to enroll in a debt consolidation plan to pay off the remaining creditors has no probative weight as she has taken no documented action toward that objective. Having weighed and balanced the record, she has failed to show she has resolved her financial problems or has them under control. Eligibility for access to classified information is denied.


Guideline F

03/24/2008

A whole-person analysis is not confined to the workplace. The Judge found Applicant has a lengthy and serious history of not meeting financial obligations. Adverse decision affirmed.


Foreign Preference; Foreign Influence

03/24/2008

Applicant failed to mitigate the foreign preference security concerns arising from her exercise of dual citizenship with Belgium. Eligibility for access to classified information is denied.


Personal Conduct; Criminal Conduct

03/24/2008

Applicant's history of criminal conduct and his failure to be fully forthcoming about it on a security clearance application creates criminal and personal conduct security concerns that he failed to mitigate. Clearance is denied.


Guideline F; Guideline E; Guideline J

03/24/2008

The Judge's findings are supported by substantial record evidence. The Judge's conclusion that Applicant knowingly provided false information on his security clearance application is sustainable. Adverse decision affirmed.


Financial; Personal Conduct; Criminal Conduct

03/24/2008

Applicant owes creditors approximately $23,800 of delinquent debt. She was not fully forthcoming about her delinquencies when completing an application for public trust positions. These issues generate financial considerations and criminal conduct concerns that she failed to mitigate at the hearing. Eligibility is denied.


Criminal Conduct

03/24/2008

Applicant is a 43-year-old employee of a defense contractor. He has a history of criminal conduct consisting of two Article 15, UCMJ, proceedings in 1998 and 2003 when he was a soldier on active duty in the Army. In 2005, he was indicted in state court for the felony offense of conspiracy to commit money laundering. That case was retired or terminated without an adjudication in August 2007 conditioned on his good behavior for one year. Once he completes the period of good behavior in August 2008, time will tell if he will be able to establish a track record as a law-abiding person. Clearance is denied.


Guideline G

03/21/2008

A review of the decision indicates the Judge considered Applicant's mitigating evidence, analyzed it appropriately and explained why it was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Guideline F; Guideline J

03/21/2008

The Board does not have authority to grant a clearance on a conditional or probationary basis. Adverse decision affirmed.


Guideline G

03/21/2008

The Judge's application of alcohol consumption mitigating condition 23(d) did not take into account significant contrary record evidence specifically Applicant's continued consumption of alcohol against the advise of his rehabilitation program and his failure to follow their recommendations regarding alcoholic anonymous participation and aftercare. Favorable decision reversed.


Guideline F

03/21/2008

The Judge's adverse conclusions follow reasonably from hid findings of fact. Adverse decision affirmed.


Personal Conduct; Sexual Behavior; Criminal Conduct

03/20/2008

Applicant's credibility, trustworthiness, and judgement are extremely suspect, as he has not been truthful or candid with information that he furnished to the United States Government on a Security Clearance Application (SCA) or in a statement provided to a Government investigator. He also engaged in questionable sexual conduct. Mitigation has not been shown. Clearance is denied.


Foreign Preference

03/20/2008

Applicant is a 48 year-old United States born citizen, who received a citizenship and passport from Netherlands in 1981, which he maintained until the time of the hearing. After the hearing, Applicant destroyed and invalidated his foreign passport. Mitigation has been shown. Clearance is granted.


Foreign Preference

03/19/2008

Applicant is a dual citizen of the UK and United States who possesses both a UK and United States passport. She recently used the UK passport instead of her United States passport to travel to various countries. She is unwilling to give up her UK passport because she believes if she does, she will be giving up her right to work in the UK and EU in the future. Clearance is denied.


Foreign Influence

03/19/2008

Applicant is a 43 year old Engineer for a defense contractor. He was born in the People's Republic of China and came to the United States in 1964, at the age of twenty- four. His mother, step-father, sister, brother-in-law, uncle and two aunts are citizens of and reside in the PRC. The Applicant maintains contact with his foreign relatives in the PRC. Two of his foreign relatives may be members of the Communist party. The Applicant's significant family ties raise a security concern. Clearance is denied.


Personal Conduct; Criminal Conduct; Information Technology

03/19/2008

Applicant accessed and downloaded pornography from his employers' computers. Two employers fired him for this conduct. He lied to the Government about why he left these two employers. Clearance is denied.


Financial

03/18/2008

Applicant is a 61 year old Technical Consultant for a defense contractor. A series of circumstances beyond his control, namely a separation, divorce, illness, underemployment, unemployment, and project cancellation caused him to be excessively indebted. He remains indebted in the amount of at least approximately $180,000.00. Each of the debts listed in the SOR remains outstanding. Financial rehabilitation has not been shown. Clearance is denied.


Criminal; Personal Conduct

03/18/2008

Applicant is a 56 year old Access I.D. and Parking Lead for a defense contractor. She has been employed in the defense industry for 32 years. She was arrested and charged in October 2004, for (1) Possession Narcotic Controlled Substance, a felony (2) Under the Influence Alcohol/Drug in Vehicle, and (3) .08% More Weight Alcohol Driving Vehicle. She was convicted of drunk driving. She has no history of alcohol abuse or drug abuse and she has never been arrested before or following this incident. She has no security violations. Sufficient mitigation has been shown. Clearance is granted


Financial

03/17/2008

Applicant is a 48 year old Maintenance Custodian for a defense contractor. She is indebted to nine creditors totaling the approximate amount of $11,800.00 that has not been resolved. There is no evidence of financial rehabilitation. Clearance is denied.


Financial

03/17/2008

Applicant is a 52 year old Computer Consultant for a defense contractor. She is indebted to the Internal Revenue Service for back taxes, penalties and interest owed in the amount of approximately $350,000.00 for tax years 1992 through 1997, and 2001 and 2003. Sufficient mitigation has not been shown. Clearance is denied.


Alcohol; Criminal Conduct

3/17/2008

Applicant's alcohol abuse has resulted in one DUI in 2006. While Applicant continues to consume alcohol, he does not consume alcohol to excess, nor does he drive after consuming any alcohol. Mitigation has been shown. Clearance is granted.


Guideline E; Guideline J

03/17/2008

As the trier of fact the Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa. Given the record in this case the Judge's adverse decision is affirmable. Adverse decision affirmed.


Alcohol

03/17/2008

This 27 year old Applicant has a history of abusing alcohol that resulted in Driving Under the Influence arrests and convictions in 2001 and 2004. No independent evidence was introduced to mitigate Applicant's alcohol usage. Clearance is denied.


Guideline F

03/17/2008

The Judge's whole person analysis concludes that Applicant is making reasonable efforts to pay her debts off and live within her means. There is a rational connection between the facts found and the favorable decision. Favorable decision affirmed.


Financial; Personal Conduct

03/14/2008

As a result of periods of unemployment by Applicant and her spouse, they are financially overextended, with five delinquent debts and three unsatisfied judgments totaling more than $37,000. Payment plans were negotiated for one credit card debt and one unsatisfied judgment. Applicant did not disclose any debts or judgments on her security clearance application. Security concerns based on financial considerations and personal conduct are not mitigated. Clearance is denied.


Guideline F

03/14/2008

The Board may not consider new evidence on appeal. A Judge is presumed to considered all the record evidence. At the time of the hearing Applicant still owed $56,729 in twelve delinquent debts. Adverse decision affirmed.


Foreign Preference; Foreign Influence

03/14/2008

Applicant is a citizen of Jordan from birth, of Lebanon since 1982, and of the U.S. since 1989. He exercised foreign citizenship by using a Lebanese identification card in lieu of a visa on nine trips to Lebanon to see his mother between March 2000 and July 2007. Applicant supports his mother financially and owns the home she lives in. He is now willing to renounce his Lebanese citizenship in mitigation of the foreign preference concerns. The foreign influence concerns that exist because of his close ties to his mother in Lebanon are mitigated because of his considerable ties to the U.S., which make him likely to resolve any conflicts in favor of the U.S. Clearance is granted.


Guideline F; Guideline E

03/14/2008

Applicant offered explanations for his failure to disclose unfavorable information of security concern on his security clearance application. The Judge appropriately considered those explanations in light of the record evidence as a whole. Applicant has not demonstrated that the Judge's finding of deliberate falsification is error. Adverse decision affirmed.


Financial

03/14/2008

It was alleged Applicant had eight accounts placed for collection or past due totaling in excess of $26,000. He paid four of the debts and is not responsible for the other four debts. Applicant has successfully mitigated financial considerations and personal conduct concerns. Clearance is granted.


Guideline F; Guideline E

03/14/2008

There is significant record evidence contrary to the Judge's finding that Applicant did not falsify his security clearance application when he denied ever receiving other than an honorable discharge from the military. The Judge's application of two mitigating conditions for Applicant's other false statements is not sustainable give the record in this case. Favorable decision reversed.


Financial

03/13/2008

Applicant has a history of financial delinquencies. The delinquencies continue to the present time. He failed to mitigate security concerns arising under Guideline F, Financial Considerations. Clearance is denied.


Foreign Preference; Foreign Influence

03/13/2008

Applicant is 48 years old, married with children, and was born in Egypt. His parents live there. His brother works in Saudi Arabia. Applicant is a naturalized U.S. citizen. He destroyed his Egyptian passport and is willing to renounce again his Egyptian citizenship. He has not returned to Egypt after coming to live in the United States permanently in 2001 when he married his American wife. Applicant mitigated the foreign preference and foreign influence security concerns. Clearance is granted.


Foreign Preference

03/13/2008

Applicant is a citizen of the U.S., Canada, and Israel from birth who admits a loyalty to Canada where she was raised. The foreign preference concerns are mitigated by her ties to the U.S. since 1995/96, and her record of more than ten years of handling classified information without any violations. Clearance is granted.


Financial; Personal Conduct

03/13/2008

Applicant is 43 years old, divorced with custody of his daughter, and works for a defense contractor. He had several delinquent debts, including judgments, resulting from the divorce. He assumed the property settlement agreement controlled the repayment of these obligations, and his former wife was responsible for some of them. They appeared on his credit report. Applicant settled or paid many of them, and seeks proof that the remaining debts are legitmately his to repay. Applicant did not disclose them on his security clearance application because he was unaware of them. Applicant's extensive documentation shows he mitigated the financial considerations and personal conduct security concerns. Clearance is granted.


Alcohol

03/13/2008

Applicant failed to mitigate the security concern caused by his alcohol consumption which resulted in two relatively recent alcohol-related driving convictions.


Drugs; Personal Conduct

03/13/2008

Applicant's history of marijuana use and her omission of relevant information about it from a 2006 security clearance application raise security concerns under Guidelines H and E. The unintentional nature of her security clearance application omission renders Guideline E inapplicable. In light of the recurrent nature of her marijuana use, the diagnosis of marijuana abuse, and her use while holding a security clearance, I conclude she has not mitigated the Guideline H concern. Clearance is denied.


Foreign Influence

03/13/2008

Applicant visited Russia more than 20 times in the last ten years, and lived in Russia for 15 months from 2002 to 2003. His parents live in Russia and he has frequent contact with them. Security concerns pertaining to foreign influence are not mitigated. Eligibility for a security clearance is denied.


Financial

03/12/2008

Applicant lost his job in November 2003, and was unemployed or underemployed until he was hired by his current employer in August 2005. His finances have stabilized since he returned to work and he has a plan to address his debts. Applicant has mitigated the security concerns based on his financial issues. Clearance is granted.


Financial

03/12/2008

Since 2001, Applicant incurred approximately $92,000 in delinquent consumer debt. While there were mitigating circumstances which explained how he got into financial problems, his passive approach towards resolving his delinquent accounts when he had the financial means to do so remain a security concern. The fact that the debts may no longer be enforceable due to the statute of limitations does not mitigate the financial considerations security concerns raised by his extensive history of financial irresponsibility and failure to honor his financial obligations. Clearance is denied.


Financial

03/12/2008

Applicant failed to mitigate financial allegations arising from 16 delinquent debts totaling approximately $29,000. Although half of the debts have been paid, they were the smallest in value and were paid by a credit union loan. Approximately $25,000 in delinquent debt remain to be paid. Although he has eliminated some of the debts, it is premature to grant a clearance. Clearance is denied..


Financial

03/12/2008

Applicant's financial problems arose because of employment and marital issues. He filed for bankruptcy and divorce, but neither is final. He failed to mitigate the security concerns raised by his more than $33,000 in delinquent debts. Clearance is denied.


Financial; Personal Conduct

03/12/2008

Applicant is employed by a defense contractor. Applicant did not present any evidence that she has paid or resolved the $16,000 of delinquent debts alleged in the SOR or allegations of falsification. She failed to mitigate the security concerns raised under Guidelines F and E. Clearance is denied.


Security Violations; Personal Conduct

03/12/2008

Applicant is a 58-year-old retired military officer who works for defense contractors. He had six incidents of security procedure violations over a two year period. He failed to disclose his loss of security access on his recent security clearance application. Applicant failed to mitigate the mishandling of protected information and personal conduct security concerns. Clearance is denied.


Criminal Conduct

03/12/2008

The pattern of criminal behavior Applicant was involved between 2002 and 2004 requires a substantial case in mitigation. Even though there has been no subsequent criminal activity after 2004, Applicant has been on probation for most of the period. While he has completed the year-long domestic violence course and the voluntary anger management course, Applicant has provided no information of what he has learned in either course to successfully handle domestic issues while effectively dealing with his anger management issues. Eligibility for access to classified information is denied.


Financial

03/12/2008

Starting in 1999, while he was on active duty in the Navy, Applicant became financially overextended. He retired from the Navy in November 2005 and was unemployed until November 2006. He did not begin resolving any of the debts alleged in the SOR until after he learned his security clearance was in jeopardy. Several delinquent debts remain unresolved. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

03/12/2008

Applicant became a naturalized U.S. citizen in 2003, and received his U.S. passport shortly thereafter. His renewal, use, and current possession of a valid Nigerian passport pose an unacceptable security concern. He mitigated the foreign influence security concerns arising from his family in Nigeria, but failed to mitigate the foreign preference security concerns. Eligibility for access to classified information is denied.


Foreign Preference; Personal Conduct

03/12/2008

Applicant was born in Iraq and became a U.S. citizen in 1999. Many of his immediate family members and extended family members are either U.S. citizens or resident aliens. Three siblings remain in Iraq. In 2005, he returned to Iraq as a linguist for the U.S. Army. When he completed his second security application and answered interrogatories, he did not disclose information previously disclosed to the Government. He mitigated the security concerns raised under Guideline B and Guideline E. Clearance is granted.


Alcohol; Criminal Conduct

03/11/2008

Applicant is a 38-year-old employee of a defense contractor. He has a history of drinking-and-driving resulting in arrests for DUI in 1987, 1990, and 2006. Since his last arrest two years ago, he has established a pattern of responsible and moderate use of alcohol. He no longer engages in drinking-and-driving. He met his burden to present sufficient evidence of reform and rehabilitation to mitigate the security concerns. Clearance is granted.


Foreign Influence; Financial

03/11/2008

Applicant is a 53-year-old naturalized citizen who was born in Nigeria. He married his Nigerian wife in 2005. She and their son still live there, but have received travel permission to join him in the U.S. after the pending birth of their second child. His sister is also a resident citizen of Nigeria. He incurred delinquent debt due to job losses and divorce proceedings from 3 to 5 years ago. In two years of well-paying employment, he has not resolved those debts. Foreign influence and financial considerations security concerns were not mitigated. Clearance is denied.


Criminal Conduct; Alcohol

03/11/2008

Applicant was arrested 16 times between September 1978 and April 2007 for various offenses related to domestic violence and substance abuse. He was under the influence of alcohol when arrested except for a July 2002 assault involving his brother. Recent efforts to address his alcohol problem are not sufficient to overcome the security concerns. Clearance is denied.


Financial

03/11/2008

Applicant had a judgment and 15 past due accounts totaling approximately $41,000. Applicant has been making payments in accordance with repayment plans on the three largest debts. Half of the debts were for medical treatment provided following a slip and fall. One of the debts belongs to her ex-husband and she disputes two of the other debts. She intends to pay all she owes. Applicant has successfully mitigated financial considerations and personal conduct concerns. Clearance is granted.


Foreign Influence; Personal Conduct; Criminal Conduct

03/11/2008

Security concerns about Applicant's Egyptian brother-in-law are mitigated by more than 30 years as a naturalized U.S. citizen and lack of contact with him. All of Applicant's personal and financial interests are in the U.S. However, in 2000 he was arrested after giving false information to a police officer. He omitted his arrest and related employment information from his e-QIP in 2005. He also tried to mislead an Army investigator about the same information during a subject interview. Applicant failed to mitigate the resulting personal conduct and criminal conduct security concerns. Eligibility for access to classified information is denied.


Foreign Influence

03/11/2008

Applicant, a native of Sudan, has been a U.S. citizen since 1992, held a clearance since May 2003, and worked as a linguist for the U.S. since March 2003, serving in Kuwait, Iraq, and Guantanamo, Cuba. He is married to a native-born U.S. citizen. He has two brothers who are citizens of the U.S., one working for the U.S. in Iraq. He has six siblings who are residents and citizens of Sudan. Security concerns based on foreign influence have been mitigated. Clearance is granted.


Guideline J; Guideline E; Guideline G

03/11/2008

Applicant was convicted of driving under the influence twice: in 1990 and 2005. The favorable evidence cited by Applicant is not sufficient to demonstrate that the Judge's unfavorable decision is flawed. Adverse decision affirmed.


Financial

03/07/2008

Applicant was unable to mitigate security concerns raised under financial considerations, and personal conduct as a result seven debts totaling $18,911, and falsification of his October 2006 security clearance application regarding past indebtedness. Clearance is denied.


Guideline H

03/07/2008

In this instance it was not unreasonable for the Judge to find mitigation after a period of over four years of abstinence from marijuana. Favorable decision affirmed.


Guideline F

03/07/2008

Absent unusual circumstances errors in a synopsis are unlikely to be harmful. In light of the record even if the Board were to ascribe error to the points raised by Applicant the errors would be harmless. Adverse decision affirmed.


Guideline F; Guideline E

03/07/2008

The Judge's adverse conclusions under Guideline E are sustainable based on this record. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

03/07/2008

Applicant submitted a false document to the Navy in 1999. He has mitigated his misconduct and criminal activity through time and successful rehabilitation. Applicant has an exemplary work record. He has held a security clearance for many years. Clearance is granted.


Foreign Preference

03/06/2008

Applicant is 35 years old and employed by a defense contractor. She was born in the United States and spent six years in Israel, attending graduate school and working. She mitigated the security concerns raised under Guideline C. Clearance is granted.


Financial

03/06/2008

Applicant and his wife owned a business. She was involved in a serious car accident in 2005, and they subsequently lost much of their business. They accrued delinquent personal debts and did not pay the state sales tax collected from their customers. Applicant did little to resolve his debts after he obtained employment with a defense contractor in 2006. He has not mitigated the security concerns based on his financial problems. Clearance is denied.


Drugs

03/06/2008

Applicant used marijuana in high school and sometimes bought and sold the illegal drug from friends. In 2004, Applicant test positive for marijuana use at work. In 2005, Applicant was arrested while driving for possession of marijuana and intent to distribute because he had four ounces of marijuana. He has mitigated the security concern under the drug guideline because he has abstained from any illegal use for three years, has changed his circle of friends, and is married and raising two children. He has matured and is a responsible and valued employee. Clearance is granted.


Financial; Personal Conduct

03/06/2008

Applicant failed to mitigate the security concerns raised by the falsification of his Questionnaire for Sensitive Positions and by his history of not meeting his financial obligations. Clearance is denied.


Drugs; Personal Conduct

03/06/2008

Applicant experimented with a variety of drugs from June 2005 until January 2006. He vowed not to use drugs again but used Salvia, which he claims is a legal drug, in December 2006. Salvia caused hallucinations and changes in perception. Applicant experienced hallucinations when using Salvia. He has not mitigated security concerns for drug involvement. He did not mislead security investigators about his future intentions not to use drugs. He mitigated security concerns for personal conduct.


Drugs

03/06/2008

Applicant is a 27-year-old employee of a defense contractor. She has a history of illegal drug involvement during 2001 2006. She did not present sufficient evidence of reform and rehabilitation to mitigate the security concern. Clearance is denied.


Financial

03/06/2008

Applicant has had a history of financial difficulties. He has not paid his delinquent debts. Although some of the delinquent debts are due to medical problems, he has not taken any action to resolve them. Applicant has not mitigated the security concerns. Clearance is denied.


Financial

03/06/2008

Though Applicant has not resolved 10 delinquent debts, he has negotiated an agreement of the deficiency judgment that accounts for more than half of his total, past due debt. Based on his demonstrated efforts in finalizing an agreement regarding the deficiency judgment that took more than a year to negotiate, I am confident he will employ the same commitment and fortitude in resolving the remaining debt. Eligibility for assignment to a trustworthiness position is granted.


Financial

03/06/2008

Applicant has mitigated security concerns arising from the financial considerations security concern. His financial difficulties stem from retirement, separation and pending divorce. He filed Chapter 13 bankruptcy in 2001 and his debts were discharged in 2004. He is currently paying child/spousal support to the state. He has an unpaid tax debt from 2001, but he is addressing that liability now. Applicant's eligibility for a security clearance is granted.


Drugs

03/06/2008

Applicant admitted using marijuana at least weekly from March 2002 until April 2007. In April 2007, he stated his intention to continue to use marijuana at the same rate of use. Clearance is denied.


Drugs; Personal Conduct; Financial

03/06/2008

From 1999-2003, Applicant smoked marijuana regularly, causing the loss of three jobs and significant decline in his income and an increase in unpaid debt. He stopped smoking marijuana in April 2003, five years ago. Applicant filed for bankruptcy under Chapter 13 in October 2006. He began his repayment plan in November 2006 and has consistently made is required payments. His finances are under control. Applicant drinks, sometimes to excess. He received his first DUI citation in November 2004, to which he pled guilty. He complied with the terms of his sentence and has significantly modified his alcohol consumption. When he drinks alcohol, he acts responsible. Applicant has mitigated the security concerns under Guidelines H, E and F. Clearance is granted.


Financial; Personal Conduct

03/06/2008

Between 2001 and 2007, Applicant accrued approximately $60,000 of delinquent debt, and omitted it from an application for public trust positions. The omission was unintentional. The delinquencies accrued because of circumstances beyond his control, and he has been making good-faith efforts at getting them under control. Eligibility for access to sensitive information is granted.


Financial; Personal Conduct; Criminal Conduct

03/06/2008

Applicant failed to mitigate financial personal conduct, and criminal conduct allegations arising from nine delinquent debts totaling over $17,000, a chapter 7 bankruptcy, and failure to register for Selective Service. Insufficient evidence was offered to show that any of the debts had been resolved and an adequate reason for failure to register. Clearance is denied.


Financial

03/06/2008

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


Guideline F; Guideline E

03/06/2008

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


Guideline J

03/06/2008

It is reasonable to conclude that a man who has been arrested 17 times had a problem with law enforcement. There is no evidence to demonstrate the problem originated with the police rather than Applicant. The fact that the charges may have been dropped does not in and of itself establish that Applicant did commit the alleged misconduct. The Judge impermissibly shifted the burden of persuasion. Favorable decision Reversed.


Foreign Influence; Foreign Preference

03/06/2008

Applicant’s parents are citizens and residents of Iran. Their applications to immigrate to the U.S. have been approved. Applicant has successfully mitigated the foreign influence and foreign preference considerations concerns. Clearance is granted.


Foreign Preference

03/06/2008

Applicant was born in Iraq and became a U.S. citizen in 1998, along with his immediate family members. Three siblings and his elderly mother remain in Iraq. In 2003, he returned to Iraq as a linguist for the U.S. Army. He mitigated the security concerns raised under Guideline B. Clearance is granted.


Guideline F

03/06/2008

At the time of the hearing Applicant still owed $15,000 on two charged-off debts. The Judge could reasonably conclude Applicant's financial problems were still ongoing. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

03/06/2008

Applicant mitigated the criminal conduct security concerns arising from his 1991 conspiracy charges and conviction (vacated and set aside), and his 1995 tax fraud and evasion charges (dismissed). He did not deliberately falsify his 2004 security clearance application, nor did he make a false statement to a DOHA adjudicator. Eligibility for access to classified information is granted.


Foreign Influence; Personal Concudt

03/06/2008

Applicant was not subject to foreign influence through his wife, a Ukranian national residing in the U.S. as a legal permanent resident. The government's evidence did not substantiate allegations that Applicant falsified his clearance application.


Personal Conduct

03/06/2008

The Appeal Board remanded Applicant’s case because the Judge holding the hearing made an ambiguous statement about the evidence he considered. A de novo review indicated Applicant had a series of minor problems in 2002 when he worked for the police department, involving rule violations. He resigned from the police department five years ago. His work record has been excellent since leaving the police department (no rule violations). He was honest about his problems, admitting them on his security clearance application. Personal conduct is mitigated. Clearance is granted.


Guideline C; Guideline B

03/04/2008

Applicant's challenges to the Judge's finding fail either because they relate to favorable conclusions, rely on new evidence, the findings are based on substantial evidence, the findings are based on reasonable inferences from the record, or the error is harmless. Adverse decision affirmed.


guideline H; Guideline E; Guideline J

03/04/2008

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


Foreign Influence; Foreign Preference

02/29/2008

Applicant has five sisters living in Lebanon. Applicant has successfully mitigated the foreign influence and foreign preference considerations concerns. Clearance is granted.


Foreign Influence

02/29/2008

Applicant's wife is a citizen of Hong Kong and resident of the U.S. His in-laws are citizens and residents of Hong Kong. His father-in-law is a retired politician, who recently ran for office in Hong Kong, and his mother-in-law holds a senior position with a university in Hong Kong. Applicant and his wife maintain frequent contact with his wife's family members in Hong Kong through visits, telephone calls and e-mails. Applicant was unable to mitigate foreign influence concerns. Clearance is denied.


Personal Conduct; Criminal Conduct

02/29/2008

Applicant did not intentionally falsify a Government questionnaire by not revealing his criminal history. He also mitigated the underlying criminal conduct itself. Clearance is granted.


Criminal Conduct; Personal Conduct

02/29/2008

Applicant's falsification of his September 2001, October 2002, and July 2004 clearance applications renders him and unsuitable candidate for access to classified information. Clearance denied.


Foreign Influence

02/29/2008

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 Afghanistan. Clearance granted.


Financial; Personal Conduct

02/29/2008

Applicant has mitigated security concerns arising from the financial considerations concern. He has paid two debts and has two debts in a payment plan. In 2005, he did not deliberately falsify information on his security clearance application. Thus, he has mitigated the security concerns under personal conduct. Applicant's eligibility for a security clearance is granted.


Personal Conduct; Sexual Behavior

02/29/2008

Applicant is a 50-year-old Chairman and CEO of a start-up company seeking Government business. His security clearance was revoked, and his employment with another Government agency was terminated five years ago, after he revealed, to a security polygrapher, multiple illicit sexual relationships and failures to make required reports concerning foreign contacts while stationed overseas. He continues to conceal details of this conduct from his wife and business colleagues. Personal conduct and sexual behavior security concerns were not mitigated. Clearance is denied.


Financial

02/28/2008

Applicant and her husband lost their jobs and their medical insurance in 2005. She incurred substantial medical debts for her and her children, and other debts became delinquent. Her finances have stabilized since they returned to work and she has a plan to address her debts. Applicant has mitigated the security concerns based on her financial issues. Clearance is granted.


Financial

02/28/2008

Between 1999 and 2007, Applicant accrued nearly $60,000 of delinquencies. Although he has initiated some efforts at satisfying them, it is too soon to conclude they no longer remain a security concern. Clearance is denied.


Personal Conduct

02/28/2008

Applicant has mitigated security concerns arising from the personal conduct incidents of marijuana use through the passage of time and rehabilitation. Applicant did not falsify his 2006 security application. Applicant's eligibility for a security clearance is granted.


Information Technology; Personal Conduct

02/28/2008

Applicant is a 52-year-old electrical engineer employed by a defense contractor. His misuse of a government computer in May 2006 was a relatively minor incident. He presented sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is granted.


Guideline H; Guideline E

02/28/2008

The Judge the opportunity to consider Applicant's explanations for her failure to disclose the requested information. He was not bound as a matter of law to accept or reject those explanations. Adverse decision affirmed.


Guideline E; Guideline J; Guideline D

02/28/2008

An applicant is not entitled to a delayed or deferred adjudication of his or her security eligibility. A review of the decision indicates that the Judge weighed the mitigating evidence against the length and seriousness of the disqualifying conduct. Adverse decision affirmed.


Guideline B

02/28/2008

The Judge's controverted findings of fact are based on substantial evidence or reasonable inferences from the record evidence or harmless error that would not change the outcome of the case. Applicant's alternative interpretation of the evidence is insufficient to demonstrate error. Adverse decision affirmed.


Criminal Conduct

02/28/2008

Applicant's three cocaine offenses, and the 20 months imprisonment he served for his cocaine distribution conviction, require denial of his clearance. Clearance denied.


Financial; Criminal Conduct; Personal Conduct

02/27/2008

Security concerns raised under financial considerations and personal conduct are not mitigated. Applicant took no action to resolve his delinquent accounts. He did not meet his burden to mitigate an omission of a 2003 arrest on his e-QIP application. Criminal conduct concerns are mitigated due to Applicant's clean record for the past five years. Security concerns remain under financial considerations and personal conduct. Clearance is denied.


Financial

02/27/2008

Applicant's financial difficulties grew out of his noteworthy desire to attend college to get a degree while he had inadequate financial resources. His inability to resolve the credit card debts resulted in large part from his exemplary efforts to help his family through difficult circumstances. Applicant settled one debt and took significant steps to move ahead on the road to financial recovery. Arguably, the state statute of limitations bars collection of the three debts where the creditor took no action to collect. Applicant and his wife have a budget and have had no adverse credit for five years. Applicant has recently been promoted to a more highly paid position and is highly regarded by his supervisors. Clearance is granted.


Financial

02/27/2008

Applicant is a 49-year-old employee of a defense contractor with a history of financial problems. The record evidence is sufficient to conclude that he is making a good- faith effort to repay overdue creditors or otherwise resolve his debts. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

02/27/2008

Applicant is a 17-year employee of a defense contractor who has held a security clearance continuously since 1990. He receives annual training about the DoD policy against illegal drug use. He did not mitigate the security concerns about his use of illegal drugs and his drug-related arrest in 2004 and 2005. His request for continued access to classified information is denied.


Criminal Conduct; Personal Conduct

02/27/2008

Applicant failed to mitigate the security concern caused by his deliberate falsification of a security clearance application he submitted in August 2006 and his failure to report adverse information concerning himself to his employer as required.


Foreign Influence

02/27/2008

Applicant's relatives who are citizens and residents of Sudan generate a foreign influence security risk. Applicant's loyalties in contacts in the U.S., developed over 25 years, outweigh any risk of exploitation. Clearance is granted.


Foreign Influence; Foreign Preference

02/27/2008

Applicant was born in Israel, served in the Israeli Air Force for about seven years, came to the U.S. to complete his college education, and became a U.S. citizen. His wife and three sons are dual U.S.-Israeli citizens. His parents are deceased and he has no siblings. His mother-in-law, father-in-law, and brother-in-law are citizens and residents of Israel, but none are connected to the Israeli government or military. He inherited an apartment in Israel and receives rental income from it. After becoming a U.S. citizen, he used his Israeli passport to visit Israel on numerous occasions. His passport was scheduled to expire shortly after the hearing, but the record does not reflect whether he surrendered, destroyed, extended, or renewed it. Security concerns based on foreign influence are mitigated, but security concerns based on foreign preference are not mitigated. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

02/27/2008

Applicant accumulated numerous delinquent debts due to family separation and his spouse’s financial mismanagement. He intentionally omitted two debts from his security clearance application. Security concerns based on financial considerations are mitigated, but security concerns based on personal conduct and criminal conduct are not mitigated. Eligibility for access to classified information is denied.


Foreign Influence, Personal Conduct, Criminal Conduct

02/27/2008

A naturalized U.S. citizen, Applicant's family ties to Egypt are to his mother's brothers and sisters with whom he has intermittent visits, so it is unlikely he will be placed in a position of having to choose between the interests of a foreign government and the interests of the United. Any risk would appear to be low as his witnesses praised his commitment to mission and his loyalty to the United States, which was demonstrated during his military service and his duties with defense contractors. Applicant has strong endorsements from supervisors and work colleagues as to the high quality of his work, of his loyalty to the U.S., and of his willingness to volunteer repeatedly for sensitive and important missions that put the interests of the United States ahead of his own. His linguistic expertise and cultural sensitivity is grounded in his historic ties to Egypt and provide the context allowing him to be highly effective on military assignments.


Criminal Conduct; Personal Conduct

02/27/2008

Applicant deliberately did not register with the Selective Service. While the requirement is no longer applicable to him, and the statute of limitations has run, doubts persist for his rehabilitation because he continues to act in self-interest.


Criminal Conduct; Personal Conduct

02/27/2008

Security concerns raised by Applicant's arrest and convictions for DUI, obstruction of justice, and contributing to the delinquency of a minor are mitigated. This was an isolated event under unusual circumstances that is not likely to recur and not indicative of Applicant's character and reliability. Clearance is granted.


Financial

02/27/2008

While Applicant is entitled to some mitigation and extenuation for life events beyond her control, most of her financial problems were triggered by financial mismanagement. Applicant began to exercise good judgment in December 2006 by mounting a plan to repay her overdue debts. Her persistence has resulted in the payoff of several debts, and in the inclusion of other debts in a debt consolidation plan. Clearance is granted.


Foreign Preference; Foreign Influence

02/27/2008

Applicant is a 59-year-old maintenance class 1 worker, who has been employed by a defense contractor since January 1972. During the course of his background investigation, foreign preference and foreign influence concerns were identified primarily as a result of his having a Malta passport and having family members in Malta. Applicant became a U.S. citizen in 1984. He held a secret clearance since 1995 and also holds a courier certificate. Applicant has successfully mitigated foreign preference concerns and after analyzing all of the facts and considering the whole person, he has mitigated the foreign influence concerns. Clearance is granted.


Financial

02/27/2008

Applicant is a 42-year-old machinist employed by a federal contractor. After previous debts were discharged through bankruptcy in 2000, Applicant began acquiring new debt. He was injured in a work-related accident in 2005, underwent multiple surgeries, and returned to work in early 2007. Although he stated he has addressed his child support arrearage, Applicant failed to show any attempts to address the delinquent accounts at issue before his accident, during his recuperation, or since returning to work. Applicant failed to mitigate security issues raised by Guideline F, financial considerations. Clearance is denied.


Personal Conduct

02/27/2008

Applicant is a 32-year-old employee of a defense contractor. While in college Applicant was involved in a series of incidents, including stealing from his employer, manipulating his employer's computer to change the hours he worked, vandalizing public restrooms, and killing cats by injecting them with bleach. He falsified his Security Clearance Application in 2002, by minimizing his drug use. He was less than totally truthful at his hearing. Applicant has not mitigated the security concerns based on his Personal Conduct. Clearance is denied.


Foreign Influence

02/26/2008

The Applicant's father, brother and sister are citizens of the People's Republic of China (China), and the Applicant visits there once a year. 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.


Alcohol

02/26/2008

Applicant failed to mitigate the security concerns about her arrests and convictions for DUI in 1999 and 2007. In 2007, she was given a jail sentence, which was suspended for five years conditioned on good behavior, particularly the absence of future alcohol-related arrests. Applicant did not satisfactorily address her history of alcohol consumption not her current use of alcohol. Clearance is denied.


Drugs; Criminal Conduct

02/26/2008

Applicant is a 49-year-old employee of a defense contractor with a history of drug-related offenses in 1988 and 2005. His innocent explanations for both incidents are not credible. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns. He did not meet his ultimate burden of persuasion. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

02/26/2008

Applicant owes at least $14,000 in unpaid debts accrued since 2000, but has not been able to pay or otherwise resolve his obligations. His circumstances have changed for the better, but he still has a negative monthly cash flow of several hundred dollars. Security concerns about his false answer to a question in his SF 86, and about his past criminal conduct are mitigated by his positive change of circumstances. Clearance denied.


Foreign Influence; Foreign Preference

02/26/2008

Applicant is a 46-year-old self-employed research consultant. He is a dual citizen of the U.S. and Israel. His parents and sister's family still reside in Israel, where the family moved when Applicant was 10 years old. They have no government affiliation. Applicant returned to live in the U.S. in 1988, after serving compulsory military service and obtaining a master's degree. He has exercised only U.S. citizenship since returning, is willing to renounce Israeli citizenship, and feels no obligation to Israel. Foreign influence and foreign preference security concerns were mitigated. Clearance is granted.


Alcohol; Criminal Conduct; Personal Conduct

02/26/2008

Applicant's long history of alcohol problems, failure to heed recommendations in 2007 from a licenses therapist and continued consumption of alcohol are not sufficient to mitigate the security concerns under the alcohol consumption guideline. He has mitigated the criminal conduct concerns due to passage of time. He did not intentionally falsify information on his 2006 interrogatories. He has mitigated the personal conduct concerns. Eligibility is denied.


Personal Conduct; Financial

02/26/2008

Applicant mitigated security concerns arising from his failure to timely file income tax returns. A tax lien was not renewed by the IRS and is no longer a security concern. The government failed to present sufficient information to prove Applicant deliberately falsified his security questionnaire. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

02/26/2008

Applicant has a long history of arrests for criminal conduct and illegal drug use: He used marijuana until at least 1996 and his most recent arrest was during a drug-related incident in 2005. During an Office of Personnel Management investigation in 2006, Applicant stated he had not used drugs since 1978 and had not had any adverse law enforcement contact since 1996. The recency of his conduct and his failures to properly disclose information to investigators pose genuine security concerns regarding drug involvement, criminal conduct, and personal conduct. Applicant failed to mitigate those concerns. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct;

02/25/2008

Applicant's parents and five siblings are dual residents of Jordan and the United States, and they all reside in Jordan. He maintains close and frequent contact with them, and when he travels to Jordan to visit them, he uses a Jordanian passport. Clearance is denied.


Guideline F

02/22/2008

The Board does not consider new evidence on appeal. At the hearing Applicant still had delinquent debts. The Judge could reasonably conclude Applicant's financial problems were ongoing. Adverse decision affirmed.


Guideline C; Guideline B

02/22/2008

An applicant with immediate family members living in a country hostile to the United States has a heavy burden to show that those family ties do not pose a security risk. There is a rebuttable assumption that an applicant has ties of affection and obligation to his or her immediate family members. The evidence in this case is consistent with that assumption. Favorable decision reversed


Guideline E; Guideline M; Guideline J

02/22/2008

The Board has inherent authority to entertain a request for reconsideration, however, there is no right to reconsideration. The Board's prior decision embraced the subject or mitigation when it concluded that the record as a whole does not support a favorable decision. Adverse decision affirmed.


Drugs; Personal Conduct

02/21/2008

Security concerns raised due to Applicant's use of marijuana on two occasions, once in 2003 and once in February 2007, are mitigated due to Applicant's written and express intent not to use illegal drugs in the future and his acknowledgment that any future illegal drug use will result in the automatic revocation of his security clearance. Applicant's illegal drug use was experimental and sporadic. His deliberate omission of his February 2007 marijuana use on a security questionnaire signed in April 2007 is mitigated by his full disclosure of his marijuana use on subsequent security questionnaire filled out in July 2007. The drug involvement and personal conduct concerns have been mitigated. Clearance is granted.


Financial

02/21/2008

Both Applicant and his wife are full time workers, who have a budget and a plan to resolve their debts despite all of the difficult circumstances they have faced. Having considered both the record and Applicant in light of the "whole person" concept, I conclude he is a sincere person who made substantial efforts to reform his financial practices. Applicant has taken significant steps to move ahead on the road to financial recovery. There is little potential for pressure, coercion, exploitation, or duress as he has stable employment.


Alcohol

02/21/2008

To his credit Applicant voluntarily addressed his alcohol issues. For over fifteen years he has not driven after consuming alcohol and has not had any alcohol-related incidents since July 1992. He has demonstrated he has significantly changed his consumption of alcohol and now has a commitment to sobriety and abstinence for over sixteen months. Applicant's medical expert gave him a favorable prognosis and noted Applicant's commitment to sobriety. Applicant's supervisors never saw any indications of alcohol abuse at work and attested to his trustworthiness and reliability. His supervisors praise the quality of his work.. Because of his extensive efforts at rehabilitation, his alcoholism "does not cast doubt on the individual's current reliability, trustworthiness, or good judgment." Clearance is granted.


Financial

02/21/2008

Applicant is 31-year-old employee with a history of financial problems due to a miserable marriage and uninsured medical expenses. She presented sufficient evidence to explain, extenuate, or mitigate the financial considerations security concern. Clearance is granted.


Foreign Influence; Foreign preference

02/21/2008

Applicant emigrated to the U.S. in 1999, and became a naturalized citizen in October 2004. His four immediate family members are resident citizens of Ukraine. He maintains regular contact with them. Though his evidence in mitigation has not overcome the foreign influence concerns, he has mitigated the foreign preference concerns with persuasive evidence corroborating his objective to renounce his Ukrainian citizenship. Eligibility for a trustworthiness position is denied.


Financial

02/21/2008

Applicant filed for Chapter 13 bankruptcy in December 13, and requested that it be dismissed in July 2003. After dismissing the bankruptcy petition, she and her husband contacted their creditors and resolved all delinquent debts. Security concerns based on financial considerations are mitigated. Clearance is granted.


Foreign Preference; Foreign Influence

02/21/2008

Applicant served in the U.S. Navy for eight years and married a Canadian while in the Navy. His in-laws are all Canadian residents and citizens. He was unable to find a job in the U.S. after his discharge from the Navy, but he found a job in Canada. His employer had defense-related contracts with both the U.S. and Canada. After 11 years, he became a Canadian citizen in order to advance his career by gaining access to Canadian defense-related information. He was laid off from his job in February 2005, returned to the U.S., and liquidated all Canadian assets except a retirement account that he could not transfer without adverse tax consequences. Clearance is granted.


Criminal Conduct; Alcohol; Drugs; Personal Conduct

02/21/2008

This 59 year old Applicant has a history of criminal conduct involving alcohol and drugs, for which he was found guilty on several occasions. No independent evidence was introduced to mitigate Applicant's alcohol or drug usage, and his credibility is suspect since information that he provided to the Government on a Security Clearance Application (SCA) was materially incorrect. Clearance is denied.


Financial

02/21/2008

Applicant accumulated a number of delinquent debts during a troubled marriage that resulted in divorce and the lack of any child or marital support for the accrued marital debts. Applicant has payment progress, demonstrated good-faith disputes with her major creditors, and established a strong record of trust and dependability with her employer, her church, and in her community. Applicant mitigates financial concerns. Clearance is granted.


Personal Conduct

02/21/2008

Applicant is a 28 year old Member of the Technical Staff for a defense contractor. He concealed his marijuana use on two separate security clearance applications in 2002 and again in 2005. Clearance is denied.


Financial; Personal Conduct; Foreign Influence

02/21/2008

Applicant is a 27-year-old contracts administrator for a federal contractor. She has more than $22,000 in delinquent debts she acknowledged and another $16,000 in delinquent debts that she denied, but was substantiated. She has made minimal progress on resolving her delinquent debts. She was untruthful when completing her security clearance application. She failed to list she was married and her husband is a citizen and resident of Guyana. Applicant failed to mitigate the security concerns raised under Guideline F, financial considerations, Guideline E, personal conduct, and Guideline B, foreign influence. Clearance is denied.


Guideline B; Guideline C

02/21/2008

The Judge erred in not applying Guideline C, Disqualifying Condition 10(d) in light of Applicant's sworn statement that he sees his "loyalty to the U.S. and Iran as equal . . ." Favorable decision reversed.


Criminal Conduct; Personal Conduct

02/21/2008

Applicant was convicted of misdemeanors in 1990 and 2002, and a 2-count felony involving drugs in 1994. He falsified his security clearance application in 2005. He was not honest about why he falsified his security clearance applicant in 2007. He failed to mitigate the security concerns pertaining to criminal conduct and personal conduct. Clearance is denied.


Financial

02/21/2008

Applicant mitigated financial allegations by showing that the two debts in the SOR based on a mortgage and auto repossession were the result of fraud and identity theft committed by his uncle in a real estate development. The auto repossession had been resolved in his favor and he is working to resolve the mortgage issue. Clearance is granted.


Guideline K; Guideline E

02/21/2008

An applicant in a position of supervision can be held accountable for security violations resulting from a failure to supervise subordinates properly. The Judge's decision lists multiple security violations during Applicant's supervisory tenure. Favorable decision reversed.


Guideline F

02/21/2008

Applicant contends that the Judge did not consider information which Applicant submitted to the investigator in her case. The Judge's decision was based entirely on the File of Relevant Material (FORM). Applicant received a copy of the FORM and had the opportunity to submit materials to refute, extenuate, or mitigate the information in the FORM. Applicant could have resubmitted any materials she gave to the investigator which were not in the FORM when she received it. Applicant did not respond to the FORM. Applicant has not demonstrated error on this issue. Adverse decision affirmed.


Guideline F

02/21/2008

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


Foreign Preference; Foreign Influence

02/19/2008

Applicant has not taken any of the actions which would mitigate the security significance of his continuing to hold Russian citizenship and an active Russian passport. In addition, he and his wife have or had foreign connections that, at this time, have not been mitigated. Clearance is denied.


Financial

02/15/2008

Applicant failed to mitigate the security concerns raised by his more than $14,000 in delinquent debts. Clearance is denied.


Financial

02/15/2008

Applicant has an extensive history of financial problems including two Chapter 7 bankruptcies filed in 1990 and 2000. At the close of the record, eight unresolved delinquent debts with an approximate balance of $26,500 remain. Although he contends his estranged wife did not pay these debts, security concerns are not mitigated based on the minimal effort taken to resolve the delinquent accounts. Clearance is denied.


Foreign Influence

02/15/2008

Foreign influence concerns raised by her close ties to her parents and two siblings in Taiwan are overcome by her substantial ties to the U.S. developed over the past 26 years. Clearance is granted.


Financial; Personal Conduct

02/15/2008

Applicant failed to mitigate the security concerns that arise from his financial delinquencies and failure to disclose the same in a security clearance application he submitted in September 2006.


Financial

02/15/2008

Applicant started repaying her delinquent debts in 2005. She has a plan to address her remaining debts and is now financially stable. Applicant has mitigated the security concerns based on her financial issues. Clearance is granted.


Foreign Preference, Foreign Influence

02/15/2008

Applicant maintains a Pakistani passport that he intends to use to facilitate visits to several relatives who are citizens and residents of Pakistan. This generates foreign preference and foreign influence security concerns that he failed to mitigate at the hearing. Clearance is denied.


Financial; Personal Conduct

02/15/2008

Applicant had six past-due accounts totaling $43,000. When completing a security clearance application, she forgot to list a public intoxication charge, which had occurred 12 years earlier. Applicant has established a repayment plan with each of her creditors. She has successfully mitigated the financial considerations and personal conduct concerns. Clearance is granted.


Financial

02/15/2008

Applicant had five past due accounts totaling $25,000. Four of the debts have been paid. Applicant has successfully mitigated financial considerations concerns. Clearance is granted.


Guideline G; Guideline e

02/15/2008

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


Financial; Drugs

02/15/2008

Applicant failed to mitigate criminal and drug security concerns over a lengthy period ending in 2004 even though his conduct had changed during the past three years after a divorce and second marriage in a stable relationship. The basis for the denial was insufficient passage of time considering the number and length of time offenses had occurred, and the fact that drugs were used while on probation for two of the offenses. Clearance is denied.


Financial; Personal Conduct

02/15/2008


Guideline F; Guideline E

02/15/2008

Applicant has not made a claim of harmful error. Adverse decision affirmed.


Guideline F

02/15/2008

The Judge found Applicant had a history of not meeting his financial obligations and still had five delinquent debts, The Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable or vice versa. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

02/14/2008

When a high school student, the police arrested and charged Applicant with grand larceny for stealing and forging government payroll checks. In 2002, he stole sports cards. The police arrested and charged him with petit larceny. The court convicted him of these charges. In 2006, the police arrested and charged him with DUI and possession of a controlled substance. Under a plea agreement, he pled guilty to the drug possession charge and withdrew his appeal of the DUI. The court sentenced him on the DUI, but withheld disposition on the drug possession charge, placing him instead on one year of probation to end on March 10, 2008. Applicant has not mitigated the security concerns under Guideline J. Guideline E is found in favor of Applicant.


Personal Conduct; Criminal Conduct

02/14/2008

Applicant's maintenance of a drug-free lifestyle since 2003 is mitigating of the judgment concerns raised by his marijuana abuse during his teens. Personal conduct and criminal conduct concerns persist because Applicant has not taken responsibility for concealing his drug abuse from the Government. Clearance is denied.


Financial

02/14/2008

Applicant's 14-month layoff in 2000 and 2001 was the primary reason for her financial indebtedness totaling over $49,000.00. The protracted layoff also made her uneasy about paying large sums of money for the overdue debt when she also was worried about the timing and length of her next independent contract. Ultimately, Applicant utilized good judgment by formulating a plan in May 2007. So far the plan has produced a payoff or settlement of four of six creditors, with Applicant's firm intention to satisfy the remaining two creditors. Clearance is granted.


Personal Conduct, Criminal Conduct

02/14/2008

Applicant was involved in domestic disagreements in both 1999 and 2004 that resulted in his arrest. Those incidents and Applicant's incomplete descriptions of the incidents that he ultimately gave to his security officer and an investigator pose significant personal and criminal conduct security concerns which Applicant has failed to mitigate. Clearance is denied.


Financial

02/14/2008

Applicant had five past due debts totaling in excess of $ 23,000. He has sent his creditors a single $100 post dated check. Applicant has not successfully mitigated financial considerations concerns. Clearance is denied.


Criminal Conduct; Alcohol; Drugs

02/14/2008

Applicant presents a long history of alcohol-related incidents (six arrests/convictions and an employment action), periodic relapse, and a recent diagnosis of alcohol abuse. With only four months of sustained sobriety, it is still too soon to make safe predictions about his ability to avoid recurrent alcohol abuse. Applicant is not able to mitigate criminal conduct and alcohol concerns. He successfully mitigates his past drug involvement, however, by the passage of time. Clearance is denied.


Drugs; Alcohol; Personal Conduct

02/14/2008

Security issues arising from Applicant's past drug involvement and past alcohol- related incidents were mitigated. Security concerns regarding personal conduct linger, however, because of Applicant's repeated denials of past drug abuse on his security clearance applications. Clearance is denied.


Financial; Personal Conduct

02/14/2008

Applicant is a senior information technology security manager for a defense contractor. He incurred substantial consumer debt starting before 2001. His present accumulated debt is over $105,000. He filed for bankruptcy in 2004, but the bankruptcy trustee dismissed it for failure to fulfill the requirements of the bankruptcy. He did not present information on any payments of the debts or any efforts made to contact creditors. He provided false information concerning an alcohol-related arrest on his security clearance application, and about knowledge of debts in his response to the Statement of Reasons. Clearance is denied.


Financial, Criminal Conduct, Personal Conduct

02/14/2008

Applicant mitigated some security concerns over his personal conduct and over some of the financial and criminal conduct concerns. However, he only paid some of the debts and developed no plan for the remainder. Also, he failed to provide evidence on how he has been rehabilitated. Clearance is denied.


Guideline E

02/13/2008

A Judge has broad discretion in how to write a security clearance decision. The Judge is not required to cite or discuss every piece of evidence. Adverse decision affirmed.


Guideline B; Guideline C

02/13/2008

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


Guideline F; Guideline E

02/13/2008

A Judge's findings must be based on substantial record evidence. There is a rebuttable presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Financial

02/12/2008

Applicant's period of unemployment, separation from the military and divorce contributed to her financial difficulties but do not mitigate the security concerns under the financial considerations guideline. Applicant has approximately $22,000 in delinquent debt. She recently enrolled in a debt resolution program but has not provided any evidence of payments in the plan. Clearance is denied.


Financial

02/12/2008

Applicant is 28 years old, divorced, and has one child. He incurred several delinquent debts, including student loans for the education which enabled him to obtain his present job. He has a plan to repay all debts. He mitigated the financial considerations security concern. Clearance is granted.


Financial

02/12/2008

Applicant's failed business venture in August 2002 created delinquent business debt. He has been steadily employed since 2003. He has approximately $35,000 in delinquent debt at the present time. He has not developed a structured plan for repayment and is waiting for settlements. He provided no evidence or documentation of payments. He has not mitigated the security concerns in the financial considerations guideline. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

02/12/2008

Applicant mitigated the criminal conduct security concern posed by his 2006 conviction for driving while intoxicated. The security concern generated by his history of marijuana use continues to pose a security concern. Clearance is denied.


Foreign Preference; Foreign Influence

02/12/2008

Applicant was born in Hong Kong. She immigrated to the United States and became a U.S. citizen before Hong Kong reverted to the People's Republic of China. She has mitigated the concerns raised by her husband's family in Taiwan; her family members in Hong Kong; and her possession of a Hong Kong identification card. Eligibility is granted.


Personal Conduct; Criminal Conduct

02/12/2008

Applicant falsified his initial security clearance application 1994 by failing to disclose past drug use. After being granted a clearance, he continued to use drugs while holding a clearance. He again falsified his security clearance application in 2005 during the renewal process by failing to disclose past drug use or by failing to disclose drug use while holding a clearance. Clearance is denied.


Foreign Preference; Foreign Influence

02/12/2008

Applicant is a 58-year-old engineer for a defense contractor. He left his native Iran when he was in his early 20s. He married a U.S. citizen, has a 29-year-old son who was born in the U.S., and became a U.S. citizen in 1980. Applicant surrendered his Iranian passport to his company's security officer who destroyed it. Applicant has mitigated the foreign influence concerns raised by his elderly mother and three sisters in Iran. Clearance is granted.


Financial; Personal Conduct

02/12/2008

Applicant owes more than $70,000 in delinquent debts, has taken no action to resolve his debts, and has not demonstrated he is able or willing to improve the way he manages his personal finances. Applicant also deliberately falsified several statements to the government by altering bankruptcy records he submitted in response to government questions about his debts. He failed to mitigate the security concerns raised by the government's information. Clearance is denied.


Foreign Influence

02/12/2008

Applicant failed to mitigate the foreign influence security concerns arising from his parents’ dual citizenship with Afghanistan and the United States, and his father’s important position in the Afghani government. Eligibility for access to classified information is denied.


Criminal Conduct; Drugs ; Personal Conduct

02/11/2008

Applicant has an outstanding warrant for his arrest. He also falsified material facts on Electronic Questionnaires for Investigations Processing. Clearance is denied.


Foreign Preference; Foreign Influence

02/11/2008

Applicant's Indian passport has been invalidated by Indian authorities. His foreign connections are not of a type that would influence his conduct as an American citizen. Clearance is granted.


Guideline B; Guideline C

02/08/2008

The Board may not consider new evidence on appeal. The fact that Applicant's explanations and mitigating evidence did not lead the Judge to the decision desired by Applicant does not establish error. The Judge articulated a reasonable concern that Applicant's circumstances could make her vulnerable to foreign influence. Adverse decision affirmed.


Guideline F

02/08/2008

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


Guideline B

02/08/2008

Considering the Judge's findings, the Board concludes that none of the circumstances cited by the Judge would present a serious obstacle to Syria exercising control over Applicant's resident family members in order to coerce, exploit or pressure Applicant. Applicant has not met his heavy burden of persuasion given that he has immediate family members living in a country hostile to U.S. Favorable decision reversed.


Foreign Preference; Foreign Influence

02/07/2008

Applicant is a 34 year-old naturalized United States citizen, who was born in Iran, moved to the United States at the age of 5, and has lived here since then. His wife, father and grandmother are United States citizens and residents. Applicant's mother and parents-in-law are citizens and residents of Iran. Applicant is estranged from his mother, and his parents -in-law are in the process of moving to the United States. 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. Finally, Applicant renounced his Iranian citizenship and destroyed his Iranian passport. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

02/07/2008

Applicant used marijuana from 1995 to 2005, and one time on July 2006, after applying for a security clearance. He credibly testified that he has not used marijuana since July 2006, and he has no intention to use any illegal substance in the future. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

02/07/2008

Applicant has a long history of not paying his State and Federal income taxes. He also falsified material facts on a security clearance application. Clearance is denied.


Financial; Personal Conduct

02/06/2008

Applicant owes more than $25,000 in delinquent debt, much of it charged off and or placed for collection between 2001 and 2003. He falsely denied any delinquent debt when he applied for a security clearance in October 2006. Financial considerations and personal conduct concerns are not mitigated. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

02/06/2008

Applicant is 63 years old. The omission of information from her Questionnaire for Public Trust Positions was unintentional. She failed to mitigate the concerns raised by her history of not meeting her financial obligations. Eligibility for access to sensitive information is denied.


Financial

02/06/2008

Despite steady income for a few years, Applicant has not show evidence of efforts to pay his delinquent debts. He owes approximately $36,000 in delinquent debt. Applicant has several investment properties for which he pays more than $1,000 monthly. Financial considerations are not mitigated. He has not shown good faith efforts to address the debts. Clearance is denied.


Misuse of Information Technology Systems; Personal Conduct

02/06/2008

Applicant improperly deleted or withheld from his employer necessary codes, passwords, and other information about a computer program he built. In so doing, he also violated a condition of his employment to which he had agreed in writing when he was hired. He failed to mitigate the security concerns arising from his conduct. Clearance is denied.


Foreign Preference; Foreign Influence

02/06/2008

Applicant is a 29-year-old architect who has worked for a federal contractor since 2004. He was born in the U.S. to Nigerian parents. As a child the family moved back to Nigeria and he was educated there until he returned to the U.S. for college in 1996. His father is a citizen and resident of Nigeria. His mother and he are dual citizens of the U.S. and Nigeria and both live in the U.S. Applicant applied for and used a Nigerian passport to travel there. His passport was due to expire, but Applicant failed to provide sufficient information about the status of the passport. He also failed to provide information about his father’s employment and contacts in Nigeria and his mother’s contacts and financial connections in Nigeria. Insufficient information was provided to mitigate the security concerns raised under Guideline C, Foreign Preference and Guideline B, Foreign Influence. Clearance is denied.


Financial; Personal Conduct

02/06/2008

Applicant failed to mitigate the security concerns arising from his financial considerations and personal conduct. Eligibility for access to classified information is denied.


Financial

02/06/2008

Applicant paid some of her debts, but was unable to document efforts to establish a plan to resolve the multiple remaining debts that resulted in large part from serious health issues when she was not covered by insurance. Clearance is denied.


Financial

02/06/2008

Applicant received a Chapter 7 discharge in bankruptcy in 1997. She filed a Chapter 13 bankruptcy petition in November 1998 and dismissed it in November 1999 after her husband found a job and she received a pay raise. As a result of a business downturn and bad business decisions, Applicant and her husband owe about $86,000 in delinquent federal income taxes. A tax lien for $30,219 was filed March 2005, and a tax lien for $8,261 was filed in December 2005. Both are unsatisfied. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Financial; Personal Conduct

02/06/2008

Applicant's history of delinquent debt has not been mitigated because she has done nothing to repay them. Her inaction is particularly troubling given the sizeable monthly remainder she could have used to pay off some of the listed creditors. In addition, Applicant deliberately omitted relevant in formation from her security clearance application when she denied she had debt over 180 days delinquent in the last 7 years, and that she had debt over 90 days delinquent. Clearance is denied.


Personal Conduct; Criminal Conduct

02/06/2008

Applicant is 26 years old. He deliberately falsified his 2005 security clearance application concerning his marijuana use, and Other Than Honorable discharge from the Army. He regrets these poor decisions, has excellent work performance, and promised not to use drugs in the future. However, his rehabilitative steps are insufficient to mitigate the Guideline E and J security concerns. Clearance is denied.


Guideline F

02/05/2008

Applicant had delinquent debts in excess of $152,000. The Judge's decision is not arbitrary , capricious, nor contrary to law. Adverse decision affirmed.


Guideline B; Guideline J

02/05/2008

In this case Applicant has served in the U.S. military in dangerous circumstances in Afghanistan and has risked his life to protect American personnel there. The Judge has articulated a detailed, rational explanation for her favorable determination. Favorable determination affirmed.


Guideline B; Guideline C

02/05/2008

Applicant has three siblings who are residents and citizens of Taiwan. He has a Taiwan passport which he has used in lieu of his U.S. passport. He owns an interest in two apartments in Taiwan. He has traveled several times to Taiwan and six times to the People's Republic of China between 1999 and 2005. The Judge has drawn a rational connection between the facts found and his ultimate adverse decision. Unfavorable decision affirmed.


Guideline F; Guideline E

02/05/2008

Applicant amassed over $250,000 of unpaid debt between 1998 and 2004. The debt was unpaid as of the hearing. The Judge's adverse decision is neither arbitrary capricious nor contrary to law. Adverse decision affirmed.


Drugs

02/04/2008

Applicant is 38 years old and employed as a Quality Engineer by a defense contractor. His history of marijuana use from 1988 until 2006 on an occasional basis has stopped. He has not used marijuana for over two years. He has grown up, matured, understands his responsibilities and has no intentions of ever using any illegal drug in the future. He is sufficiently trustworthy to have access to classified information. Clearance is granted.


Personal Conduct; Criminal Conduct

02/04/2008

Applicant falsified a job application and two Government questionnaires by not revealing his criminal history. He mitigated the underlying criminal conduct itself. Clearance is denied.


Foreign Influence

02/01/2008

Applicant has numerous immediate family members who are citizens and residents of the People's Republic of China. Clearance is denied.


Foreign Influence; Foreign Preference

01/31/2008

Applicant is a native of India and a naturalized U.S. citizen. His mother, father, and brother are citizens and residents of India. He had an Indian passport, which has been cancelled. He and his mother had a joint bank account in India, which he has closed. Security concerns based on foreign influence and foreign preference have been mitigated. Clearance is granted.


Drugs; Alcohol; Personal Conduct

01/31/2008

Applicant is 33 years old and works as an Ordinary Seaman for a federal contractor. He used illegal drugs from 1991 to 2006 and purchased illegal drugs from 1995 to 2005. He was convicted of driving under the influence of alcohol in 1999 and again in 2005. He intentionally and deliberately provided false information on his security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

01/31/2008

Applicant is a 48 year-old naturalized United States citizen, who was born in Egypt and moved to the U.S. in 1984. He has retained his Egyptian citizenship and did not properly surrender or invalidate his Egyptian passport. Applicant’s mother and sister are citizens and residents of Egypt. Finally, Applicant owns a condominium in Egypt worth $170,000, and has an Egyptian bank account of $100,000. Mitigation has not been shown. Clearance is denied.


Drugs

01/31/2008

Applicant smoked marijuana regularly and frequently while in high school and college. After completing his education, he moved a long distance from family and his drug associates. He developed a new life style and reduced his drug use to occasional. In Juen 2006, he ceased his drug use entirely. He has mitigated the government's security concerns about his past drug use. Eligibility for a security is granted.


Financial

01/31/2008

Applicant is a 45-year-old employee of a defense contractor. She owes a significant number and amount of delinquent debts that she accrued on a regular basis since 1999. She has a monthly surplus of income over recurring expenses, but has only resolved two smaller debts. Security concerns raised by financial considerations were not mitigated. Clearance is denied.


Financial; Personal Conduct

01/31/2008

Applicant failed to mitigate the security concerns that arise from his long-standing financial delinquencies and failure to disclose the same in a security clearance application he submitted in November 2006.


Financial

01/31/2008

Applicant's financial problems in the late 1990s were partially caused by caring for his parents for about six months. But Applicant's sacrifice then is not relevant to his current financial problems. Recently, Applicant has been paying for part of the educational expense for his two daughters. However, under his living arrangements, he retains a large amount of discretionary money every month because he pays no rent, utilities or telephone, and he has repaid none of the listed debts. The absence of any evidence of repayment of any of debt warrants a finding against Applicant. Clearance is denied.


Personal Conduct; Criminal Conduct

01/31/2008

Applicant's falsification of clearance applications in December 2005 and May 2006 renders him an unsuitable candidate for access to classified information. Clearance denied.


Foreign Preference

01/31/2008

Applicant is a 71-year-old executive working for a defense contractor. Born in the United Kingdom (U.K.), he maintains a U.K. - United States dual citizenship and conducts personal travel to the U.K. on a valid U.K. passport. He has not surrendered that passport because it simplifies his U.K. travel. Applicant admitted all allegations raised in the Statement of Reasons without explanation or comment. Consequently, he failed to mitigate security concerns regarding foreign preference. Clearance is denied.


Foreign Influence; Foreign Preference

01/31/2008

Applicant failed to mitigate the foreign preference concerns that exist in this case due to her family ties to Cuba.


Financial

01/31/2008

Applicant has significant past due debts. While he has made payment arrangements with some of his creditors, he has not made contact with all of them. He is not currently eligible for a security clearance. Clearance is denied.


Criminal Conduct

01/31/2008

Applicant was arrested in 2002 and 2005 for DUI. Applicant was still on probation as of the date of his hearing, and had failed to abstain from alcohol consumption as ordered by the court. He failed to mitigate the security concerns about his judgment and trustworthiness. Clearance is denied.


Drugs; Personal Conduct

01/31/2008

Applicant is a college graduate engineer for a defense contractor. He admitted using and purchasing marijuana from 1993 to at least November 2006. He will stop using marijuana only if directed by his employer or to obtain a security clearance. He did not list two charges for marijuana possession on his security clearance applicant. He has not mitigated security concerns for drug involvement and personal conduct. Clearance is denied.


Financial

01/31/2008

Applicant has had a history of financial difficulties. She has resolved or is in the process of resolving her overdue debts. Her indebtedness is primarily due to the fraudulent loss of the ownership of Applicant's home and a four month loss of employment. Her financial situation is now stable and current. Mitigation has been shown. Clearance is granted.


Financial

01/31/2008

Applicant mitigated concerns over his finances by developing a payment plan that shows consistent payments to resolve his student loans. He is highly regarded at work and takes additional classes in order to prepare himself for advancement. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

01/31/2008

Applicant's falsifications of her September 2005 clearance application, and the narcotics charge she concealed, render her an unsuitable candidate for a security clearance. Clearance denied.


Drugs; Personal Conduct

01/31/2008

Applicant is 45 years old. He disclosed marijuana use on his 2005 security clearance application that was not included in his 2003 security application. He used marijuana six times in 2001, and once in 2004. He regrets these poor decisions, has excellent work performance, promises not to use drugs in the future, and signed a statement with automatic revocation of clearance for any violation. He has mitigated the security concerns. Clearance is granted.


Financial; Personal Conduct

01/31/2008

Applicant did not file federal income tax returns for tax years 1999 - 2004 incurring a $60,000 debt owed to the I.R.S. Medical issues mitigate several non-tax related delinquent debts. While Applicant paid the tax debts, concerns remain under financial considerations due to his willful failure to file and pay his income taxes in a timely manner for six years. He intentionally omitted his federal tax debts in response to questions 38 and 39 on his security clearance application. Further, he deliberately did not disclose the federal tax debt during his background investigation interview. The concerns raised under financial considerations and personal conduct are not mitigated. Clearance is denied.


Sexual Behavior; Personal Conduct

01/31/2008

Applicant is 58 years old. He disclosed sexual conduct with prostitutes for over 25 years, and multiple sexual acts in public arcades, adult book stores, and in his employer’s restroom. He was warned about his sexual behavior in a 2002 security letter. He continued to engage in illegal sexual behavior. He failed to mitigate the security concerns pertaining to sexual behavior and personal conduct. Clearance is denied.


Financial; Personal Conduct

01/31/2008

Applicant has had financial difficulties. He has resolved his overdue debts. His financial situation is stable and current. The financial information that Applicant provided to the Government, on a Security Clearance Application (SCA), was not materially correct, but Applicant did not knowingly fail to provide complete information. Mitigation has been shown. Clearance is granted.


Security Violations; Personal Conduct

01/31/2008

Applicant's noncompliance with security regulations in 1999 and 2000 raised doubts about his trustworthiness and ability to safeguard classified information. At his hearing on remand, Applicant produced credible refutation and mitigation for five of six alleged Guideline K security violations. However, his personal conduct, when reviewed in light of a whole person analysis, raised security concerns which he failed to mitigate. Clearance is denied.


Criminal; Personal Conduct

01/30/2008

Applicant provided the Government with false material information on four occasions over a 12 year period. In doing so, he violated Title 18, United States Code, Section 1001. He is not sufficiently trustworthy to have access to classified information. Clearance is denied.


Financial

01/30/2008

Applicant is 44 years of age and is a Security Guard employed by a defense contractor. His financial indebtedness remains outstanding. His intentional falsifications on his security clearance application concerning his delinquent financial history have also not been mitigated. Clearance is denied.


Guideline F; Guideline E

01/30/2008

The Board may not consider new evidence on appeal. The fact that Applicant held a security clearance for 34 years without incident was important evidence for the Judge to consider, particularly when evaluating Applicant's case under the whole person concept. A lengthy track record of complying with security procedures may be a significant factor in mitigation of security concerns presented by problematic conduct or circumstances. However, the Judge is presumed all the evidence in the record. Furthermore the documents to which Applicant refer are cited in the Judge's decision. Adverse decision affirmed.


Guideline F; Guideline J

01/30/2008

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. Failure to take such steps does not constitute denial of their rights. Although Applicant strongly disagrees with the Judge's conclusions, he has not established that those conclusions are error. Adverse decision affirmed.


Foreign Influence

01/29/2008

Applicant and his wife and three children are native-born U.S. citizens. His mother, a naturalized U.S. citizen, and his aunt, a Ghanaian citizen, live with him. His evidence is sufficient to mitigate the foreign influence concerns raised by his infrequent contact with relatives that are citizens and residents of Ghana, as well as the security concerns raised by his mother and aunt’s frequent contact with Ghanaian relatives. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct

01/29/2008

Applicant failed to mitigate the security concern caused by his deliberate falsification of a security clearance application he submitted in January 2007.


Foreign Preference; Foreign Influence

01/29/2008

Applicant is a 33-year-old microwave engineer, who has been employed by a defense contractor since January 2006. During the course of his background investigation, foreign preference and foreign influence concerns were identified as a result of dual citizenship with Israel, having an Israeli passport, and having family members in Israel. Applicant became a U.S. citizen in 2006. Applicant has renounced his Israeli citizenship and surrendered his Israeli passport. After analyzing all of the facts and considering the whole person, he has mitigated the foreign influence and preference concerns. Clearance is granted.


Financial

01/29/2008

Applicant had eight past due accounts totaling $4,500 and three bankruptcies. Seven of the debts have been paid and there is an arrangement making monthly payments on the remaining debt. Applicant has successfully mitigated financial considerations concerns. Clearance is granted.


Security Violations; Personal Conduct

01/29/2008

The government alleges Applicant failed to handle classified information properly when he removed obsolete equipment from a Navy ship, and stored it in a safe. The government did not meet its burden of proof because it failed to establish that the equipment was classified. Clearance is granted.


Financial Considerations

01/29/2008

Although the Applicant has a plan of action to address her past due debts, she has done nothing else to address the Government's concern. Clearance is denied.


Financial

01/28/2008

Applicant had a history of financial difficulties. He has resolved or is in the process of resolving his overdue debts. His indebtedness is primarily due to a serious medical injury and the resulting loss of employment. His financial situation is now stable and current. Mitigation has been shown. Clearance is granted.


Financial

01/28/2008

Applicant cosigned three charge accounts for his ailing mother and became responsible for them when she died. He allowed his stepfather to use his social security number to obtain a loan and became responsible for it when his stepfather defaulted. His wife was unable to work for about six months after their son was born brain-damaged and died. He has paid off his smaller debts and incorporated three larger debts into a negotiated payment plan. Security concerns based on financial considerations are mitigated. Clearance is granted.


Financial

01/28/2008

Applicant had a past due judgment and 21 past due accounts totaling $17,000. She obtained a loan from the Thrift Savings Program and paid the debts. She has successfully mitigated financial considerations concerns. Clearance is granted.


Financial

01/28/2008

Applicant failed to mitigate the security concerns caused by her long-standing financial problems.


Financial

01/28/2008

Applicant's financial delinquencies were caused primarily by a divorce and a failed business. Since 2006, he has been methodically resolving them. He has mitigated the financial considerations security concern. Clearance is granted.


Financial

01/28/2008

Applicant is 29 years old and employed as a programmer by a defense contractor. He has settled or paid nearly all of the delinquent debt at issue. One debt is pending settlement and another is being addressed through a repayment agreement. Applicant presented sufficient evidence to explain, extenuate, or mitigate the financial considerations security concern. Clearance is granted.


Foreign Preference; Foreign Influence </