Small DOHA Seal

2009 Industrial Security Clearance Decisions

 

These 1,539 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

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

Financial

12/31/2009

Applicant mitigated the security concern that arose when he found it necessary to seek Chapter 13 bankruptcy protection. Clearance is granted.


Drugs, Personal Conduct

12/31/2009

Applicant used marijuana from February 2000 to February 2009. His failure to list the full extent of his marijuana use on his Security Clearance Application was not deliberate. During his security interview, Applicant stated that he might use marijuana in the future. He used marijuana after he was granted a security clearance in January 2009. Currently, he does not use marijuana. Although he states that he will remain drug- free, this statement conflicts with his earlier statement that he might use it in the future. His recent statement of intent does not outweigh his long-term, illegal drug use, and his use while holding a security clearance. Clearance is denied.


Drugs

12/31/2009

Applicant used marijuana about three times from September 1997 to 2002, while he was in college, and about three times from 2002 until September 2008, while he was employed by a defense contractor and held a security clearance. He fully disclosed his marijuana use on his most recent security clearance application, and he informed a long-time friend and his girlfriend, with whom he had used marijuana, that he no longer used it and would not tolerate its use in his presence. He submitted a statement of intent to abstain from illegal drugs in the future, with provision for automatic termination of his clearance for any drug abuse. Clearance is granted.


Financial

12/31/2009

Applicant failed to mitigate the security concern created by his history of financial irresponsibility. He has failed to take any action to resolve most of the debts listed in the Statement of Reasons (SOR), and his testimony and the evidence he presented give little reason to anticipate he will resolve those debts in the foreseeable future. Clearance is denied.


Financial

12/31/2009

Applicant accumulated numerous debts during a difficult marriage and recurrent periods of unemployment. She made concerted attempts to pay both her own debts, as well as her ex-husband's, with the limited resources available to support herself and her two young children. She documents the payment of her largest listed debt and a commitment to repay the remaining ones as soon as she is able to return to work. Applicant demonstrates trustworthiness and reliability in her work and good prospects for regaining control of her finances once she regains full-time employment. Applicant mitigates security risks associated with her account delinquencies. Clearance is granted.


Financial

12/31/2009

Applicant's unexpected discovery his wife was having an affair in the spring of 2002 triggered his depression. After his divorce in January 2003, Applicant's child support obligations were difficult to meet because of his employment problems. He also had difficulties addressing four past due accounts listed in the SOR as they became delinquent in 2004. He also acknowledged tax problems for 2002 and 2005, which are still not resolved. The credit reports show Applicant still owes the four listed creditors. Though he has paid $545 on the SOR 1.a. account in February 2009, he has failed to make any remaining payments under the settlement plan. The only other delinquent debt Applicant satisfied was a $65 account to an unlisted creditor in March 2009. Applicant's evidence in mitigation does not meet his burden of persuasion under the financial considerations guideline. Eligibility for access to classified information is denied.


Financial

12/31/2009

Applicant works for a defense contractor. She has three delinquent debts totaling about $19,000. She repaid all her other debts. She has installment payment plans in place to repay these debts. She demonstrated clearly by her past actions she has the initiative and discipline to continue her repayment plan to completion. Clearance is granted.


Personal Conduct; Drugs; Financial

12/31/2009

Applicant failed to mitigate the government's security concerns arising from his delinquent finances and falsification of two security clearance applications. Clearance is denied.


Alcohol, Criminal Conduct, Personal Conduct

12/31/2009

Applicant is 29 years old. He has been convicted three times for DUI from 2004 to 2007. One of his DUI incidents also involved a single car hit and run conviction. He intentionally and deliberately failed to divulge his latest DUI and hit and run conviction on his security clearance application. Applicant failed to mitigate the security concerns under Guidelines G, Alcohol Consumption, J, Criminal Conduct, and E, Personal Conduct. Clearance is denied.


Foreign Preference, Foreign Influence

12/31/2009

Applicant is a dual citizen of Syria and the U.S. He became a naturalized citizen of the U.S. in 1991 and obtained a Syrian passport in 2005. He has not destroyed or relinquished his Syrian passport. His wife is a citizen of Syria and holds permanent residency status in the U.S. His father, his sister and her husband, and his father-in-law are citizens and residents of Syria. His mother is a dual citizen of Syria and the U.S. and resides in Syria. Applicant owns investment property in Syria. He travels to Syria to visit his family. Applicant failed to mitigate the security concerns raised under Guidelines C, Foreign Preference, and B, Foreign Influence. Clearance is denied.


Financial

12/31/2009

Applicant's financial irresponsibility, and his failure to take effective action to address his indebtedness despite a bankruptcy discharge in May 2000, render him an unsuitable candidate for access to classified information. Clearance denied.


Alcohol

12/31/2009

Applicant mitigated security concerns under the alcohol consumption guideline. He received alcohol treatment after his 2002 and 2006 DUIs. He has maintained abstinence for one year. Clearance is granted. CASE NO: 08-09283.h1


Financial

12/31/2009

Applicant's financial irresponsibility, and his failure to take effective action to address his indebtedness, render him an unsuitable candidate for access to sensitive information. Eligibility for ADP position denied.


Financial

12/31/2009

The debt Applicant incurred because of a fraudulent ponzi scheme does not suggest that he lacks the judgment, reliability, and trustworthiness required of those with access to classified information. Clearance granted.


Foreign Influence; Foreign Preference

12/31/2009

In 1960, Applicant was born in Syria. In 1982, he immigrated to the United States. In 1987, he became a U.S. citizen. His spouse and two children are U.S. citizens. However, he has retained significant connections to Syria. He traveled to Syria in 1984, 1995, 1997, 2007, and in June 2009. His parents and parents-in-law live in Syria, and he owns a share of some property in Syria. He retains a Syrian identification card. Foreign preference and foreign influence concerns are not mitigated. Access to classified information is denied.


Financial

12/31/2009

Applicant failed to mitigate trustworthiness concerns regarding her delinquent debts under Guideline F (financial considerations). She failed to adequately mitigate eight debts totaling $15,012. Applicant's eligibility to occupy a public trust position is denied.


Financial

12/31/2009

Applicant was forewarned about a state tax lien in February 2008. He was made aware of additional delinquent accounts in July 2008. In view of the absence of counseling, his last minute actions to settle some listed and unlisted delinquent debts do not convince me he has his financial problems under control. I find against him under the financial guideline. Eligibility for access to classified information is denied.


Financial; Criminal Conduct

12/31/2009

Applicant still has more than $30,000 in delinquent debt despite reporting more than $3,000 per month in excess income since her 2006 marriage and 2007 employment. She also has a substantial history of domestic violence offenses spanning multiple relationships and court-ordered treatment programs. Eligibility for access to ADP I/II/III sensitive information is denied.


Financial: Personal Conduct

12/31/2009

Applicant has a history of financial difficulties, including a 1998 bankruptcy, which is attributable to her second marriage that ended in 2004. In 2008, she hired a credit service company and successfully disputed 18 medical debts and five other debts listed on the Statement of Reasons. She paid four debts and intends to pay another five delinquent debts, the largest one relating to a 2003 automobile repossession. When she completed her security clearance application, she unintentionally failed to disclose a judgment and delinquent debts. She mitigated the security concerns arising under Guideline F and Guideline E. Clearance is granted.


Financial

12/29/2009

Applicant mitigated the security concern caused by the delinquent accounts listed in his credit reports. His financial problems began after he was medically discharged from the Marine Corps and then had to undergo numerous surgeries that prevented him from obtaining replacement employment. Applicant has now either resolved or taken substantial steps to resolve the majority of his delinquent accounts. Clearance is granted.


Foreign Influence, Foreign Preference

12/29/2009

In 1966, Applicant was born in Jordan. In 1988, he immigrated to the United States. In 2001, he became a U.S. citizen. His spouse and two children are U.S. citizens. However, he has retained significant connections to Jordan. He traveled to Jordan in 2004 and in May 2009. He has siblings living in Jordan, and owns a share of some property in Jordan. He was equivocal about the future status of his Jordanian passport and citizenship. Access to classified information is denied.


Financial

12/29/2009

Applicant's statement of reasons (SOR) listed 15 delinquent debts totaling $40,318. In July and August 2009, Applicant paid seven debts totaling $4,533. He disputed one debt for $33. He indicated he could have begun a payment plan on his remaining SOR debts; however, he chose not to do so. He failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Financial

12/29/2009

Applicant's concerted effort to address his delinquent accounts to the point where a single account was alleged in the SOR mitigated the security concerns engendered by his earlier, youthful financial irresponsibility. Clearance granted.


Drugs

12/29/2009

Applicant is a 24-year-old employee of a defense contractor. He used marijuana for several years and psilocybin mushrooms on two occasions. He has not used illegal drugs in more than two and a half years. He mitigated the Drug Involvement security concerns. Clearance is granted.


Financial

12/29/2009

Applicant mitigated security concerns under Guideline F, Financial Considerations. Clearance is granted.


Financial

12/29/2009

Applicant and her husband accumulated six delinquent debts totaling about $27,217 before they separated. She has taken no meaningful action to resolve any of the debts. Clearance is denied.


Guideline J; Guideline H

12/29/2009

Applicant's security concerns arose from his use and possession of methamphetamine. Applicant failed to demonstrate that the Judge erred in his findings of fact or in his application of the mitigating conditions. Adverse decision affirmed.


Guideline F

12/29/2009

Applicant contends on appeal that he followed guidance provided by Department Counsel in the proceedings below as a result of which he did not submit corroborating evidence which was available to him. Department Counsel did not address Applicant's claim The Board does not have authority to make factual findings. Adverse decision remanded.


Guideline F

12/29/2009

Applicant failed to mitigate security concerns arising from her delinquent debts. She submitted new evidence on appeal, which the Board cannot consider. The impact an adverse decision will have on her employment is not a relevant consideration. Adverse decision affirmed.


Sexual Behavior; Personal Conduct

12/29/2009

Applicant's sexual behavior was of concern and he was evaluated. Applicant was told what to do and followed that advice. Following his evaluation, he sought and received treatment for the problem, and is not a risk to his children or other children. Applicant did not disclose a denial of an application for SCI eligibility because he completed his security questionnaire as directed by the Director of Corporate Special Security. Applicant has rebutted or mitigated the government's security concerns under sexual behavior and personal conduct. Clearance is granted.


Guideline B; Guideline C

12/29/2009

The Judge erred in not applying Foreign Influence Disqualifying Condition 7(e). The Judge erred in analyzing Applicant's ties to Iran rather than his ties to his father who visits Iran and has other ties to that country. Favorable decision reversed.


Financial

12/28/2009

The Applicant has not made a good faith effort to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

12/23/2009

Applicant has six unpaid state and federal tax liens totaling in excess of $260,000. He asserts his federal tax obligation is approximately $175,000. He has made no payments or arrangements to make payments on the tax liens. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations and personal conduct. Clearance is denied.


Drugs; Criminal Conduct; Personal Conduct

12/23/2009

Applicant failed to mitigate the security concerns that arise from her history of drug abuse and criminal conduct, and the false answers she deliberately provided in a security clearance application she submitted in September 2008. Clearance is denied.


Drugs; Personal Conduct

12/23/2009

Applicant used marijuana on five or six occasions between 2001 and 2007. He has not smoked marijuana since and has indicated an intent not to use any illegal controlled substance in the future. Although he still associates on an infrequent basis with a childhood friend who still uses marijuana, he has mitigated the government's security concerns about his past drug use. Applicant has mitigated the government's security concerns under Guidelines H and E. Clearance is granted.


Financial

12/23/2009

Applicant had Chapter 13 bankruptcies dismissed in September 1999 and June 2000. He filed for Chapter 7 bankruptcy relief in February 2001, resulting in a discharge in July 2002. Since then he has incurred additional delinquencies, three of which he settled very recently. Applicant failed to demonstrate ongoing solvency or otherwise mitigate security concerns. Eligibility for access to classified information is denied.


Financial

12/23/2009

Applicant works for a defense contractor. Previously he owned his own company and paid his business taxes, but failed to pay state and federal income taxes on his personal income over an eight-year term. Applicant also owes on his house mortgage and home equity loan. Applicant has taken no action to resolve these debts. Clearance is denied.


Financial

12/23/2009

Applicant mitigated security concerns under the financial considerations guideline. He has addressed his delinquent debts through repayment plans. He did not intentionally falsify his SF-86 application in July 2008. He has mitigated security concerns under the personal conduct guideline. Clearance is granted.


Financial

12/23/2009

Applicant and her spouse were granted a discharge of about $158,320 in debt in a 2003 "no asset" Chapter 7 bankruptcy. They had medical bills and consumer credit obligations that Applicant could not cover on her limited income while her spouse was too ill to stay employed. After she and her spouse permanently separated, Applicant incurred about $11,457 in unresolved delinquent debt that is only partially attributed to the operation of a business partnership that dissolved in November 2006. Other financial obligations surfaced that took priority over these debts. Financial considerations are not mitigated. Clearance is denied.


Financial

12/23/2009

Applicant accrued nine delinquent debts, totaling more than $20,000, from 2002 to 2008. Four additional debts, totaling almost $3,000, were reported as delinquent on a July 2009 credit report. He demonstrated no effort to resolve any of these debts, and provided no evidence to establish ongoing solvency or otherwise mitigate security concerns. Eligibility for access to classified information is denied.


Foreign Influence

12/23/2009

Applicant, who was born and raised in the Ukraine, works for a defense contractor. She is a United States citizen, as is her older son. Her younger son is in the process of obtaining his United States citizenship. Her father and mother are citizens and residents of the Ukraine. Applicant, an only child, talks with her parents weekly and has visited them in the Ukraine four times in the last eight years. Although she owns a 25% interest in a property in the Ukraine, she has significantly greater assets in the United States. She has mitigated the government's security concerns about her foreign influence. Eligibility for a security clearance is granted.


Drugs; Personal Conduct

12/23/2009

Applicant used marijuana in high school from 1996 to 2000. He did not use it again until March 2006, when he used it once at a family gathering. He told a security investigator that an "inconclusive" urinalysis after his March 2006 use was the result of passive inhalation. The security concern based on his drug involvement is mitigated, but the concern arising from his false statement to a security investigator is not mitigated. Clearance is denied.


Alcohol; Financial; Personal Conduct

12/23/2009

Applicant continued to consume alcoholic beverages after an alcohol dependence diagnosis. He also has failed to timely file income tax returns for many years. Moreover, he made a false statement to a government investigator. Eligibility for access to classified information is denied.


Guideline F

12/18/2009

The Judge noted absence of evidence as to the cause of Applicant's indebtedness and the lack of a track record of responsible financial conduct. Adverse decision affirmed


Financial

12/18/2009

Applicant mitigated security concerns under the financial considerations guideline. He has addressed his delinquent debts through repayment plans. Clearance is granted. CASE NO: 09-01103.h1


Drugs; Personal Conduct

12/18/2009

Applicant used marijuana from 1980 to 1984, 1988 to 1990, and August 2007 to September 2008. In August 1996, Applicant had obtained a secret security clearance. In November 2005, he obtained a top secret security clearance. Applicant has failed to rebut or mitigate the government's security concerns under drug involvement and personal conduct. Clearance is denied.


Guideline F; Guideline B; Guideline E

12/18/2009

Applicant indicates on appeal that his monthly surplus had increased from the figures relied upon by the Judge. The record supports the Judge's finding. Applicant had the burden and the opportunity to submit evidence in mitigation. Adverse decision affirmed.


Information Technology; Security Violations; Personal Conduct

12/18/2009

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


Guideline F

12/18/2009

It is appropriate for a Judge to assign diminished weight or no weight at all to an incomplete exhibit. Adverse decision affirmed


Guideline E

12/18/2009

The Judge explicitly addressed the evidence cited by Applicant. The Judge reasonably explained why Applicant had failed to meet his burden of persuasion. Adverse decision affirmed.


Personal Conduct

12/18/2009

Applicant is 48 years old, married, and has one child. He works for a defense contractor. Applicant failed to disclose his termination by one employer for marijuana use. This act, coupled with his three other employment terminations from March 2002 to June 2006 because of failures to comply with rules and regulations, shows personal conduct which does not support the issuance of a security clearance. Clearance is denied.


Financial

12/17/2009

Applicant incurred significant delinquent debts between 2000 and 2005 while unsuccessfully attempting self-employment as a consultant. He filed for Chapter 13 bankruptcy relief in 2007, but the case was dismissed for failure to comply with plan requirements. He recently began another Chapter 13 proceeding, but failed to show ongoing solvency or otherwise mitigate security concerns. Eligibility for access to classified information is denied.


Financial

12/17/2009

Applicant mitigated the security concern generated by her financial delinquencies. Clearance is granted.


Financial

12/17/2009

Applicant accumulated 19 delinquent debts totaling about $37,000, including six unsatisfied judgments and a $13,743 car repossession deficiency. Her pay has been garnished to satisfy some of the judgments, but she has done nothing to resolve the remaining debts. Clearance is denied.


Financial

12/17/2009

Applicant's favorable information is insufficient to mitigate the financial considerations security concern. Eligibility for access to classified information is denied.


Criminal; Personal Conduct

12/17/2009

Applicant works for a defense contractor. In 1989 he killed a man. In 1990 he transported illegal drugs for friends. He admitted both offenses and plead guilty to them. The 1989 offense was tried in 1996 and Applicant was sentenced to the state jail for 20 years. He obtained early release and early probation termination based on his record of obtaining a college degree, a job, no additional criminal violations, and successfully rehabilitating himself. He answered the criminal history question on his trustworthiness questionnaire with a negative response in 2008 because his arrests and convictions were more than seven years prior to the completion date. Applicant mitigated the criminal conduct and personal conduct trustworthiness concerns. Clearance is granted.


Drugs; Criminal Conduct

12/17/2009

Between April 1991 and June 2007, Applicant was convicted of two drug- related offenses, involved in two hit-and-run driving incidents, and convicted of domestic assault. He used marijuana, sometimes frequently, from January 1999 to at least March 2007. Clearance is denied.


Financial

12/17/2009

Applicant is 33 years old. His wife and daughter have severe medical conditions that have created significant financial obligations over the years. In 2004, he discharged a large amount of debt as a result of those problems. Subsequently, he accumulated additional reported debts. The largest debt involves a legitimate dispute with his former employer over monies he received after he was laid off. He owes less than $5,000 in two medical bills. He disputed about $2,900 of medical debts through the credit reporting agency, resulting in their resolution. He is responsibly managing his current income and expenses. Clearance is granted.


Criminal Conduct

12/17/2009

Applicant's criminal conduct is mitigated by the passage of time and his change of lifestyle. During the last four years he has become a responsible father and good worker. His current behavior shows reliability, judgment, and trustworthiness. Eligibility for access to classified information is granted.


Personal Conduct

12/17/2009

Applicant's questionable behavior from May 2000 to March 2001, is mitigated by the passage of time, his 28-years of honorable military service to his country, and his eight years working for defense contractors. Eligibility for access to classified information is granted.


Financial

12/16/2009

Applicant failed to mitigate the security concerns raised under Guideline F that arose as a result of his providing significant financial support to his family for funeral and family expenses over a four year period of time. He is preparing to file a Chapter 7 bankruptcy to discharge approximately $40,000 of delinquent debt and has been advised not to repay the delinquent debts in the interim. There is insufficient evidence to prove that he is responsibly managing his current income and expenses at this time. Clearance is denied.


Drug Involvement, Personal Conduct

12/16/2009

Applicant, who is 26 years old, used marijuana while he was 17 to 24 years old. He used GHB, cocaine and ecstasy several times on an experimental basis. While using marijuana, he was terminated from several jobs. Applicant attended counseling and ended his marijuana use in August 2007. Currently, he does not use illegal drugs, and has held a responsible job as an assistant scientist for almost one-and-one-half years. His credible testimony, documents, and witness testimony support his claim that he no longer uses illegal drugs or associates with those with whom he used them, and that he is performing responsibly on his current job. Security concerns under Guidelines H and E are mitigated. Clearance is granted.


Financial

12/16/2009

While he has satisfied many of the delinquent debts alleged in the SOR, Applicant's current financial obligations exceed his income each month by over $1,000. He lacks a coherent plan to resolve his debts, and he has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline and the whole person analysis. Clearance is denied.


Personal Conduct; Criminal Conduct

12/16/2009

From April 2007 to August 2007, Applicant, while married, was involved in an inappropriate relationship with the wife of a former subordinate, a Marine Corps captain he had previously led. Applicant has rebutted or mitigated the government's security concerns under personal conduct and criminal conduct. Clearance is granted.


Drugs

12/16/2009

The Applicant used marijuana and cocaine on an infrequent basis, ending in 2007. She is remorseful about her conduct, has been consistently forthcoming about it, and evinces a credible intent not to engage in such conduct in the future. Sufficient mitigation is shown. Clearance is granted.


Foreign Influence; Foreign Preference

12/16/2009

The Applicant served honorably in the U.S. Navy for five years. His contacts with his Iranian relatives is very rare. Although he visited Iran in 2007, he has since surrendered his Iranian passport, which has been destroyed. He also renounces any Iranian citizenship he may have. Sufficient rehabilitation has been shown. Clearance is granted.


Financial

12/15/2009

Applicant mitigated security concerns under Guideline F, Financial Considerations. Clearance is granted.


Foreign Preference; Foreign Influence

12/15/2009

Applicant failed to mitigate security concerns under the foreign preference and foreign influence guidelines. She has a valid Russian passport and uses it when traveling to Russia. Applicant has a father, paternal grandmother, maternal grandparents, aunt, uncle, and cousin who are citizens and residents of Russia. She has traveled to Russia to visit her relatives on four occasions since 1998. Her close contacts with her Russian family members creates a heightened risk of foreign exploitation, pressure, or coercion. Clearance is denied.


Guideline E

12/15/2009

Applicant failed to demonstrate that he had been denied due process. He also failed to demonstrate that the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

12/15/2009

The Applicant's past financial difficulties were directly related to the recent collapse of the real estate market. After the foreclosure of two properties, he now owes nothing to the lenders. He has the unqualified support of those with whom he works. Sufficient rehabilitation has been shown. Clearance is granted.


Foreign Preference; Foreign Influence

12/15/2009

Applicant, a dual citizen of Israel and the United States, possesses active U.S. and Israeli passports. In 2004, 2006, and 2007, she used her Israeli passport to enter Israel and Brazil. She intends to renew her Israeli passport in the future. Additionally, Applicant has close familial relationships with and resides with her husband and her child, who are also dual citizens of Israel and the United States. Her father-in-law is also a dual citizen of Israel and the United States. Applicant's parents and sister are citizens and residents of Israel. Applicant failed to mitigate security concerns under the Foreign Preference and Foreign Influence adjudicative guidelines. Clearance is denied.


Guideline F

12/15/2009

Although Applicant demonstrated that the Judge made an error in his findings of fact, the error is harmless. Applicant failed to mitigate the security concerns arising from his delinquent debts. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

12/15/2009

Applicant is 36 years old and employed as an Engineer by a defense contractor. His extensive history of thefts and numerous other incidents of questionable judgment have not been mitigated by sufficient evidence of mitigation. Clearance is denied.


Financial; Personal Conduct

12/14/2009

The Applicant has not made a good faith effort to pay his significant past due indebtedness. Applicant did not falsify a government questionnaire. Sufficient rehabilitation has not been shown. Clearance is denied.


Foreign Preference

12/11/2009

Applicant, a native born U.S. citizen, did not present sufficient information to mitigate the security concerns about her possession and use of a Panamanian passport and identification card. Clearance is denied.


Drugs; Personal Conduct

12/11/2009

Applicant was arrested and charged with drug-related offenses in 1990, 1991, and 1993. He sold cocaine three times a week during 1995 and 1996, and he tested positive for cocaine in a pre-employment urinalysis in 1996. While in the Army and holding a security clearance, he tested positive for cocaine in January 2005. He was not involved with drugs after his positive urinalysis in 2005. He intentionally failed to disclose his drug-related charges on his security clearance application. Security concerns based on drug involvement are mitigated, but concerns arising from his personal conduct are not mitigated. Clearance is denied.


Financial; Personal Conduct

12/11/2009

Applicant has had a long history of financial difficulties, and he has 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.


Criminal Conduct; Personal Conduct

12/11/2009

Applicant was arrested and charged three times in 2001, 2003, and 2006 with simple assault. All three charges were subsequently dismissed. Applicant provided incomplete information regarding his October 2006 arrest when completing his November 2006 security clearance application. His past arrests and omissions prompted further inquiries and raised criminal and personal conduct security concerns. He was subsequently able to mitigate his criminal conduct and demonstrate that his omissions were not deliberate or intentional. Clearance is granted.


Drugs, Personal Conduct

12/10/2009

Applicant used marijuana and cocaine from 1970 to 2007. He ended his illegal drug use at age 58. He was charged with possession of marijuana in 1992, and with Dangerous Drugs: Conspiracy in 1987. He served probation, and used illegal drugs while on probation. He received inpatient drug treatment, and outpatient psychiatric counseling. Nevertheless, Applicant continued to use both marijuana and cocaine. He admits he was a cocaine addict. When he completed a security clearance application in 2008, he deliberately falsified it by failing to disclose his recent marijuana use. Clearance is denied.


Financial

12/10/2009

Between 2001 and 2008, Applicant accrued $28,000 of delinquent debt, generating a security concern under Guideline F, Financial Considerations. To date, he has made minimal progress toward its satisfaction. Applicant has failed to mitigate the security concern. Clearance is denied.


Financial

12/10/2009

Applicant's statement of reasons (SOR) listed 20 delinquent debts, totaling $26,848. She paid two debts. Seven student loans were duplicated in the SOR. She consolidated her student loans into one debt for $7,784, and established a payment plan. She has established payment plans on all of the other SOR debts, except for three debts, which total $6,867. Financial considerations concerns are mitigated, and eligibility for access to classified information is granted.


Alcohol; Personal Conduct; Criminal Conduct

12/10/2009

Applicant is 34 years old, and employed as a Field Service Technician by a defense contractor. His history of alcohol abuse includes at least six arrests and convictions for Driving Under the Influence of Alcohol, and one arrest for disorderly conduct involving alcohol. Applicant attended an in-patient alcohol treatment program in 1998, AA, and was able to maintain sobriety for several years; but has returned to consuming alcohol. Sufficient mitigation has not been shown. Clearance is denied.


Guideline F; Guideline E

12/10/2009

Applicant failed to mitigate security concerns arising from his delinquent debts and from his false responses to the security clearance application. Applicant failed to meet his burden of persuasion that he was denied the due process afforded by the Directive. Adverse decision affirmed.


Guideline F

12/10/2009

Applicant failed to mitigate the security concerns arising from his financial difficulties. The Board lacks the authority either to grant a conditional security clearance or to decide the case based upon the effect a negative decision will have on an applicant's financial situation. Adverse decision affirmed.


Foreign Influence

12/10/2009

Applicant is 34 years old and employed as a Senior Systems Engineer by a defense contractor. Her casual and infrequent foreign contacts that include her biological parents, three brothers and some friends do not pose a security risk. Sufficient mitigation has been shown. Clearance is granted.


Guideline F

12/10/2009

Applicant failed to mitigate the trustworthiness concerns arising from her poor financial condition. She failed to demonstrate that she was denied due process. Applicant also failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

12/10/2009

The Applicant falsified her e-QIP as to her past drug abuse. She used methamphetamine two years after her admitted usage. This wilful falsification is a violation of 18 U.S.C. Section 1001. Insufficient mitigation has been shown. Clearance is denied.


Financial

12/10/2009

Applicant is 59 years old, widowed, and has two adult children and one foster child. He works for a defense contractor. Applicant has 23 delinquent debts totaling $43,383. He is resolving nine of them totaling $18,830. He has a viable repayment plan for the remaining 14 delinquent debts. He has a period of unemployment for 18 months, and the death of his wife who managed the family money, contributed to the financial predicament he has. Applicant mitigated the financial considerations security concerns. Clearance is granted.


Psychological Conditions

12/10/2009

Applicant is 34 years old and employed as a Blueprint Clerk by a defense contractor. She has a long history of mental illness. As recently as March 2009, she was diagnosed by competent medical authority as suffering from Bipolar 1 Disorder, Severe, Most Recent Episode Depressed, with Rapid Cycling; Panic Disorder without Agoraphobia; and Obsessive-Compulsive Disorder. Her condition is not controlled or stable. Her condition could cause a significant defect in functioning which indicates a defect in judgment, reliability and stability. Insufficient mitigation has been shown. Clearance is denied.


Financial

12/09/2009

Applicant has a history of financial responsibility. She received a Chapter 7 bankruptcy discharge in 2002. Concerns raised as a result of a state tax lien and two delinquent mortgage accounts for a home purchased in October 2006 are mitigated. She is in the process of divorcing her husband. Her husband's substance abuse problems and sporadic employment played a substantial part in creating the delinquencies incurred after the bankruptcy. Once the divorce proceedings and property settlement are resolved, Applicant's income is sufficient to resolve these accounts. She has kept in contact with the mortgage company and the state comptroller's office regarding each debt. Concerns under financial considerations are mitigated. Clearance is granted.


Drugs; Personal Conduct

12/08/2009

Applicant failed to mitigate the drug involvement security concern arising from his long-term use of five illegal drugs. He mitigated the personal conduct security concern. Eligibility for access to classified information is denied.


Drugs

12/07/2009

Applicant is 41 years old and works for a federal contractor. He began illegally smoking marijuana in 1978 while he was in high school. He continued to sporadically smoke it until September 2008. He did not present any independent evidence to corroborate his assertions that he no longer uses marijuana. He failed to mitigate the security concerns arising from his illegal drug use. Clearance is denied.


Criminal Conduct

12/07/2009

In December 2007, Applicant had a confrontation with another man, who observed a Glock firearm on Applicant's person. In August 2008, Applicant was convicted in a state court, contrary to his plea, of carrying a concealed firearm. Collateral estoppel applies, and I am bound to accept the criminal court's findings as establishing facts sufficient to satisfy the elements of the offense. Applicant's denial that he carried a concealed firearm is contrary to the judgment of the state criminal court. Applicant failed to mitigate security concerns arising from his criminal conduct. Clearance is denied.


Financial

12/07/2009

Applicant's only son was brutally murdered in 2005, and her husband tragically died a year later. Profoundly depressed, she persevered through a series of other misfortunes while battling depression and working two jobs. She is now psychologically fit. After consulting with a financial counselor and a bankruptcy attorney, however, she is prepared to pursue bankruptcy as her only logical option for addressing her accumulated delinquent debt. She is poised to follow that option and has the resources to do so. Given the highly unique and extraordinary circumstances presented, Applicant mitigated security concerns. Clearance is granted.


Financial

12/07/2009

Applicant depleted a significant portion of his savings while unemployed for a few months in 2006. When he was again unemployed from January 2008 through May 2008, he acquired significant debt. Much of that debt ultimately became delinquent. Although Applicant demonstrated diligence in addressing the accounts at issue, accounts representing nearly $17,000 in debt remain unaddressed. Consequently, financial considerations security concerns remain unmitigated. Clearance is denied.


Financial

12/07/2009

Applicant's financial problems started 20 years ago. In 2006, he allowed his mortgagors to foreclose on two homes he owned. He currently has significant unpaid debts as a result of these foreclosures. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial

12/07/2009

Applicant is financially overextended and does not have the means to overcome her financial problems. She failed to mitigate the financial considerations security concern. Eligibility for access to classified information is denied.


Financial

12/07/2009

Applicant is 48 years old. He had approximately $110,000 in delinquent debt discharged in bankruptcy in 1999. He has had to pay numerous legal fees due to a child custody dispute. Applicant is researching the validity of many of his debts, but has not yet set up a repayment plan. He does not have a budget and has not attended financial counseling. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Foreign Preference; Foreign Influence; Personal Conduct

12/07/2009

Applicant is a dual citizen of the United States and Israel who possesses valid passports from both countries. For about 31 of the past 33 years, he has held a security clearance without adverse incident. He is not likely to succumb to foreign influence that may arise because of his close ties to his sister and her family in Israel. But foreign preference concerns are not fully mitigated because he has taken no steps to relinquish his foreign passport. He did not disclose on his security clearance application that he held a valid foreign passport, but personal conduct concerns are not established since his error was inadvertent. Clearance is denied.


Foreign Influence

12/07/2009

Applicant was born in the People's Republic of China, came to the U.S. after participating in the Tiananmen Square demonstrations, and became a U.S. citizen. She rebutted allegations that her parents, father-in-law, spouse, and brother-in-law are residents of the PRC. She mitigated security concerns arising from family ties to her sister, a citizen and resident of the PRC, and from the PRC citizenship of her parents and father-in-law. Clearance is granted.


Criminal Conduct; Personal Conduct

12/07/2009

Applicant was arrested for numerous offenses, most of which were drug or alcohol-related, between 1970 and 1993. She also had a minor traffic infraction in 2002. She completed probation in December 1993, and she provided strong evidence of successful rehabilitation. Security concerns were mitigated. Eligibility for access to classified information is granted.


Financial

12/04/2009

Applicant and her husband started a mortgage business just before the national crisis in that industry. The business failed, and they accumulated significant credit card debt since 2008 in an effort to pay their living expenses. In addition, Applicant's husband suffered a back injury in a car accident and he was unable to work for several months. Applicant's efforts to meet her obligations demonstrate reliability and a mature response to events beyond her control. She quickly obtained a job with a steady salary and medical benefits; then secured another, higher paying position; and she negotiated a mortgage modification that significantly reduced her payments. She retained an attorney who is about to file a Chapter 7 bankruptcy petition to resolve her outstanding debts. Applicant's debts stem from efforts to pay for standard living expenses and her husband's medical expenses, and are unrelated to drug or alcohol abuse, gambling, or frivolous spending. Her trustworthiness is not at issue. Clearance is granted.


Financial

12/04/2009

Applicant is a 53-year-old avionics technician. The record shows Applicant has a history of financial problems or difficulties as shown by nine delinquent debts ranging in amounts from $130 to $8,536, for a total of approximately $21,000. The record also shows he has paid or settled five debts, two debts are in repayment plans, the collection lawsuit for one debt should be dismissed soon, and one debt is a duplicate. The record contains sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is granted.


Foreign Preference, Foreign Influence

12/04/2009

Applicant was born, raised, and educated through the college level in Egypt. In 1983, he emigrated from Egypt to the United States. Since his arrival in the United States, he has become a U.S. citizen, received a master's degree, and married. His daughter is American born. His wife, a naturalized U.S. citizen, and daughter reside in the United States; however, his mother and three sisters still reside in Egypt and are Egyptian citizens. Since 1991, he has traveled to Egypt regularly to visit his mother. He may visit with his sisters, if their schedule permits. After becoming a U.S. citizen, he retained his Egyptian citizenship and passport. He used his Egyptian passport in lieu of a visa. In 2006, he began traveling to Egypt three times a year on business. During these trips, he visits with his mother. He recently sold the house he purchased for his mother and has renounced his Egyptian citizenship and returned his Egyptian passport. Applicant has mitigated the government's security concerns under Guidelines B and C. Eligibility for a security clearance is granted.


Guideline J

12/04/2009

The fact that criminal charges were dismissed does not preclude a Judge from finding that an applicant engaged in the underlying criminal conduct. The Board does not authority to waive provisions of the Directive. Adverse decision affirmed.


Guideline H; Guideline J; Guideline E; Guideline F

12/04/2009

In 2006, Applicant used marijuana. At the time he was an armed special agent on protection assignment for a high-ranking federal official. Also, Applicant incurred $20,000 in personal charges on a government cell phone. Adverse decision affirmed


Guideline H; Guideline E

12/04/2009

DOHA Judge are required to use the Adjudicative Guidelines in the Directive, not the Adjudicative Desk Reference. Given Applicant's previous patterns of drug use, the Judge's conclusion that Applicant's three year abstinence from marijuana was not sufficient to mitigate the government's security concerns is sustainable. Adverse decision affirmed.


Guideline E

12/04/2009

The Judge's conclusion that the government had failed to meet its burden is not sustainable. There is substantial record evidence regarding Applicant's dismissals under unfavorable circumstances from four employers and his inconsistent statements regarding his omissions from his security clearance application and from two declarations for federal employment. Applicant denied wrongdoing and minimized his misconduct. The Judge's decision does not consider contrary record evidence, and relevant factors. Favorable decision reversed.


Financial

12/01/2009

Applicant has had two significant overdue debts because of the foreclosure of her home. She is in the process of resolving these overdue debts through bankruptcy. Her indebtedness is primarily due to her being a victim of domestic violence from her former husband, which forced her to flee her home, and thereafter being unable to sell the home, despite all of her best reasonable efforts. Her financial situation is now stable and current. Mitigation has been shown. Clearance is granted.


Alcohol; Criminal Conduct

11/30/2009

Applicant began drinking alcohol in high school, and he drinks to intoxication every month or two. In 2007 and 2008, he was arrested and charged with driving under the influence of alcohol. Despite court-ordered participation in alcohol education programs, he continues to drink alcohol. The Government failed to establish that Applicant's actions constituted criminal conduct. However, Applicant failed to mitigate security concerns arising from his alcohol consumption. Clearance is denied.


Criminal Conduct; Personal Conduct

11/30/2009

Applicant was convicted in 2002 of criminal charges stemming from his physical abuse of his 8-year-old autistic son. He served six years in prison and is still on supervised probation. As a result of his conduct, he was discharged from the Navy under other than honorable conditions. Applicant also committed a security violation while a student at a Navy school. Clearance is denied.


Criminal Conduct

11/30/2009

Applicant is 32 years old, married, and works for a defense contractor. In 2006 he was indicted for sodomy and rape of a 14-year-old female, the sister of his girlfriend. Applicant pled guilty in June 2008 and accepted a diversion sentence for 24 months under his state of residence's criminal law. The charge is to be dismissed as diverted after the 24 months, which expires in June 2010. Applicant denied at the hearing the events occurred and showed no remorse. Applicant did not mitigate the criminal conduct security concerns. Clearance is denied.


Financial

11/30/2009

Though Applicant is more than $21,000 in debt to five creditors, four of the delinquent debts resulted from two of his children defaulting on two student loans and two of his children defaulting on two car installment loans. Applicant has deferred payments of the student loans, and has set up payment plans to pay off the car loans while raising five grandchildren since February 2002. The mitigation and extenuation justify a finding for Applicant under the financial guideline. Eligibility for access to classified information is granted.


Financial

11/30/2009

Applicant is a 47-year-old employee of a federal contractor. The record shows Applicant has a history of financial problems or difficulties as shown by a defaulted student loan with an approximate balance of $77,237. Applicant has not paid, settled, or otherwise resolved this debt, and he does not have a realistic plan in place to do so. In addition, he might have other delinquent student loan debt. These circumstances create doubts about his judgment, reliability, and trustworthiness. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial

11/30/2009

The Applicant has addressed all of the alleged past due debts, many of which are attributed to her estranged spouse. She is now pending divorce. Sufficient rehabilitation has been shown. Clearance is granted.


Financial; Personal Conduct

11/30/2009

Applicant's delinquent debt and his omission of relevant information from a 2006 security clearance application generate security concerns under Guidelines F, Financial Considerations, and E, Personal Conduct. Although Applicant has recently begun satisfying some of his debts, the majority remains outstanding. Also, Applicant's explanation for his omissions from the security clearance application was not credible. Clearance is denied.


Financial

11/30/2009

Applicant is a 27-year-old force protection officer. The record shows Applicant has a history of financial problems or difficulties as shown by 12 delinquent debts ranging in amounts from $112 to $13,673 for an approximate total of $26,000. He had two periods of unemployment during 2005 and 2006 2007. Eight of the 12 debts are now paid or settled. The four remaining debts amount to about $2,200, and Applicant has the ability to repay or resolve these debts in the near future. The record contains sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is granted.


Foreign Influence

11/30/2009

Applicant failed to mitigate the foreign influence concerns that exist due to his family ties to Sudan and his recent and extended visit with them in the Darfur region.


Foreign Influence

11/30/2009

Applicant is a U.S. citizen who established a romantic relationship with a Taiwanese woman with immediate family members who were citizens and residents of Taiwan. Applicant has since terminated his relationship with his Taiwanese girlfriend, and has no intention of resuming his relationship. 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. Applicant mitigates security concerns over his Taiwan relationship. Clearance is granted.


Information technology; Sexual Conduct; Personal Conduct

11/30/2009

In 2005, Applicant's employer fired him for misuse of its computer systems after discovering Applicant had accessed pornography web sites on his work computer for a period of two years. Following his termination, Applicant ceased this conduct. He has not misused his work computer at his current job. He has mitigated the government's security concerns under Guidelines M, D, and E. Clearance is granted.


Financial

11/30/2009

The Applicant has not made a good faith effort to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Drugs; Personal Conduct

11/30/2009

Applicant's 30-year history of illegal drug use, his two drug-related arrests, and his failure to be forthcoming about his drug involvement on two security clearances applications make him an unacceptable candidate for a security clearance. Clearance is denied.


Financial

11/27/2009

Applicant accrued significant delinquent debts due, in large part, to circumstances beyond her control. Since increasing her income and receiving financial counseling, she has improved her financial health through savings and positive cash flow. She has also paid off several other debts in a prompt, good-faith manner, and it is unlikely she will experience financial problems in the future. Clearance is granted.


Criminal Conduct; Sexual Behavior; Personal

11/27/2009

Applicant took pictures under the skirts of two females in a store with his cell camera phone in July 2006. Later, he took pictures of his wife in the shower without her permission using the cell phone camera. He was indicted but successfully completed a pre-trial intervention program in December 2008. He has not mitigated security concerns of poor judgment, unreliability, and untrustworthiness from this incident. Clearance is denied.


Financial

11/27/2009

Applicant fell behind on several consumer credit card accounts before 2006 when she had to maintain a household on her income as a bookkeeper. Since her divorce in June 2005, she has paid an unexpected $10,000 federal tax debt and satisfied two of her delinquent consumer credit accounts. She has retained a law firm to investigate her responsibility for the remaining debt on her credit record, and she intends to resolve those debts that are verified. Clearance is granted.


Alcohol

11/27/2009

Applicant was arrested for Driving Under the Influence in 2002. He completed outpatient treatment for alcohol dependence as part of a deferred prosecution agreement. He had another alcohol-related arrest in 2006 and attended relapse prevention treatment. In November 2008, he was inebriated at work. He very recently completed another course of inpatient and outpatient treatment. He is making a good effort at sobriety, but security concerns are insufficiently mitigated to date. Eligibility for access to classified information is denied.


Foreign Preference; Foreign Influence

11/25/2009

Applicant has failed to overcome foreign preference concerns because he does not want to relinquish his Yemeni passport. He has failed to mitigate foreign influence concerns that are established by five immediate family members being citizens and residents of Yemen, a country that partners with the U.S. in the war on terror, but also a country that has a significant presence of terrorist organizations that are believed to carry out extremist activities against U.S. citizens and interests. Eligibility for access to classified information is denied.


Financial; Personal Conduct

11/25/2009

Applicant accumulated 18 delinquent debts totaling $21,113. He did not disclose an unpaid judgment and several delinquent debts on his security clearance application. None of the debts are resolved. Clearance is denied.


Foreign Influence; Foreign Preference

11/25/2009

Applicant has a close relationship with his parents and siblings, who are residents and citizens of Sudan, and his brother who is a resident of Saudi Arabia but a citizen of Sudan. His loyalty is to the United States and not to Sudan. He mitigated security concerns for foreign influence. He had an expired invalid Sudanese passport. He uses the passport to show he was born in Sudan to obtain a discount on his visa application for Sudan. He travels using his United States passport. Applicant mitigated security concerns for foreign preference. Clearance is granted.


Financial; Personal Conduct

11/25/2009

Applicant is a 45-year-old system administrator. The record shows Applicant has a history of financial problems or difficulties as shown by 11 delinquent debts ranging in amounts from $54 to $16,340 for an approximate total of $42,000. The debts include $4,800 in delinquent property taxes, nine collection accounts, and one account charged off as a bad debt. He has not paid, settled, or otherwise resolved any of the debts, and he does not have a realistic plan in place to do so in the future. These circumstances create doubts about his judgment, reliability, and trustworthiness. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Personal Conduct; Drug Involvement

11/25/2009

Applicant failed to mitigate the trustworthiness concerns arising from his falsification of two public trust position applications and his long-term illegal use of marijuana while in a position of trust. Applicant's eligibility to occupy an ADP I/II/III position is denied.


Financial

11/24/2009

Applicant is 31 years old and employed as Administrative Support and as the Facility Security Officer by a defense contractor. Her history of excessive financial indebtedness, caused by circumstances mainly beyond her control, has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted.


Foreign Influence

11/24/2009

Applicant's longstanding ties in the United States outweigh the security concerns raised by Applicant's family members being citizens and residents of Nigeria. Foreign influence security concerns are mitigated. Clearance is granted.


Guideline F

11/24/2009

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


Guideline F

11/24/2009

Applicant has not asserted harmful error. Adverse decision affirmed.


Alcohol; Financial

11/24/2009

Applicant has an extended period of recurrent alcohol-related incidents away from work and no documented professional evaluations of any kind to gauge the safety and prudence of his committed occasional drinking practice since his last DuI arrests in 2004. With a long history of recurrent alcohol abuse, alcoholism in his family, no established support network, and no professional evaluation to guide future drinking activity, 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. Security concerns associated with Applicant's accumulated credit card debts, some related to gambling debts, and a recent Chapter 7 bankruptcy discharge, are mitigated by Applicant's demonstrated restored control of his finances. Clearance is denied.


Drug Involvement; Personal Conduct

11/24/2009

Applicant is 43 years old and employed as a Electrical Engineer by a defense contractor. While holding a security clearance during 1986, from 1990 to 1994 and as recently as 2005. In addition, he deliberately falsified his security clearance questionnaire concerning his marijuana use and his arrest in 1994 for possession of marijuana and drunk in public. Sufficient mitigation has not been shown. Clearance is denied.


Guideline F; Guideline E

11/24/2009

The Judge's decision must be written in a manner that allows the parties to discern the findings the Judge is making and what conclusions the Judge is reaching. Favorable decision remanded.


Financial

11/24/2009

Applicant's financial problems began in 2004 when a hurricane damaged his home. Over the next five years, Applicant's financial problems deepened. He has resolved some of his financial issues, but he still has significant unpaid debts. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Drugs

11/24/2009

Applicant began using marijuana in high school and used multiple illegal drugs after graduating. He voluntarily entered a substance abuse treatment program in October 1994 and completed it in February 1995. He served on active duty in the Army from April 1996 to August 1998, when he was discharged early to attend college on an Army ROTC scholarship. In college, he resumed his substance abuse and dropped out after one semester. He was charged with drunk driving in February 2004, and he tested positive on a urinalysis administered by his Army Reserve unit in March 2006. In January 2007, he was discharged from the Army Reserve with a general discharge under honorable conditions. He was hired by his current employer in May 2006, voluntarily entered a substance abuse program in June 2006, and completed it in August 2007. He last used illegal drugs in March 2006. Clearance is granted.


Guideline E; Guideline H

11/24/2009

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


Mental; Alcohol

11/24/2009

At age 16, Applicant started drinking on the weekends with friends. She continued to drink regularly, and at times, to excess over a period of time. The police charged her with driving under the influence (DUI) in 2004, a charge which the prosecutor dismissed. At age 16, a psychiatrist diagnosed Applicant with major depression. Since her diagnosis, Applicant has been under the care of a psychiatrist, who indicated that her depression is well-controlled by medication, and that Applicant complies with her treatment program. After receiving her DUI, Applicant was diagnosed with alcohol abuse. She has modified her alcohol use and limits the quantity of her consumption. She has also changed her friends. Applicant has mitigated the government's security concerns about her alcohol consumption under Guideline G and her psychological conditions under Guideline I. Clearance is granted.


Foreign Influence; Foreign Preference

11/24/2009

Applicant is 25 years old and employed as a Systems Engineer by a defense contractor. Applicant's foreign contacts, namely her father and other extended family members in Lebanon, do not pose a security risk. Applicant has destroyed her Lebanese identification card and is only a dual citizen by birth. Sufficient mitigation has been shown. Clearance is granted.


Foreign Preference; Foreign Influence

11/24/2009

Applicant immigrated to the United States from what was then the Soviet Union in 1978. She moved to Israel with her spouse in 1993 for his academic position, and she worked there as a software engineer from 1994 to 1999. She acquired Israeli citizenship in 1999 in lieu of having to leave Israel when her temporary residency expired. However, she returned to the U.S. permanently six months later. Foreign preference concerns are mitigated by the revocation of her Israeli citizenship. Foreign influence concerns raised by her residency and employment in Israel, and by her spouse's former academic position and his present pension assets in Israel, are mitigated by countervailing strong ties to the U.S. Clearance is granted.


Financial

11/23/2009

The Statement of Reasons alleges two delinquent debts amounting to approximately $17,600. Applicant has long disputed owing either debt. However, he is liable for the first because he co-signed the credit card application, making him jointly liable for it. On the second, he owes a deficiency judgment on a motorcycle he did not use. He disputes the high deficiency balance, saying it stems from the creditor's irresponsibly depreciating the vehicle, through no fault of Applicant's. He expects the credit card debt to be resolved through garnishment, but has taken no action to inform the parties as to his current employer or his current address. He now states he is willing to pay the motorcycle deficiency and will take action in the future, but such statements are insufficient to qualify as good-faith efforts to resolve debts. Applicant's denial of responsibility for legitimate debts, and his lack of effort to resolve them, raises questions about his trustworthiness and good judgment. Clearance is denied.


Foreign Influence

11/23/2009

Applicant is 40 years old. He was born in Egypt and moved to the U.S. in 2001. He became a naturalized U.S. citizen in 2005. His wife and children are dual citizens of Tunisia. He has strong family ties to Egypt and Tunisia. He and his family travel to both countries. Applicant failed to mitigate the security concerns under Guideline B, Foreign Influence. Clearance is denied.


Financial

11/23/2009

Applicant owes more than $79,000 for 26 delinquent debts that accrued over the past seven years. He partially resolved two other delinquencies, but has not established a track record of financial responsibility or solvency. Eligibility for access to classified information is denied.


Foreign Influence, Foreign Preference

11/23/2009

Applicant is 37 years old. He was born in Jordan and became a naturalized U.S. citizen in 2008. His wife is a citizen and resident of Jordan and holds permanent residency status in the U.S. The children are dual citizens of the U.S. and Jordan. She and their children live in an apartment in Jordan owned by Applicant. He recently destroyed his Jordanian passport. Applicant mitigated the security concerns under Guideline C, Foreign Preference, but failed to mitigate the security concerns under Guideline B, for Foreign Influence. Clearance is denied.


Alcohol; Criminal Conduct; Personal Conduct

11/23/2009

Applicant was arrested for Driving Under the Influence in 1979, 2004, and 2007. He completed two outpatient treatment programs, but relapsed after the first and consumed alcohol during the second. He is on probation until August 2010. Security concerns were insufficiently mitigated. Eligibility for access to classified information is denied.


Financial

11/23/2009

Applicant co-signed a mortgage for his son's house. The son was unable to continue to make the mortgage payments, and the house was foreclosed. Applicant has no other debts, lives within his means, and has substantial income and savings. Applicant mitigated financial considerations security concerns. Clearance is granted.


Criminal Conduct; Sexual Behavior; Personal Conduct

11/23/2009

Security concerns raised under criminal conduct, sexual behavior, and personal conduct are not mitigated. Clearance is denied.


Personal Conduct; Alcohol

11/23/2009

Applicant has a repeating pattern of abusing alcohol to cope with stress and emotional issues and there is a concern about whether Applicant will be able to control his cravings for alcohol. A seven month period of abstinence is not sufficient to mitigate Applicant's long-time abuse of alcohol. At this time, his favorable evidence is not sufficient, to show it is unlikely that he will have an alcohol-related relapse. He mitigated the personal conduct concern, but failed to mitigate the security concerns arising from his alcohol consumption. Eligibility for access to classified information is denied.


Personal Conduct; Use of Information Technology Systems; Handling

11/23/2009

Between May and August of 2005, Applicant abused his administrative privileges as a network analyst by accessing the e-mails of an employee of the Department of Defense without her knowledge or consent. Some of the e-mails were classified. This behavior generates security concerns under Guidelines E, personal conduct, M, misuse of information technology systems, and K, handling protected information. Applicant disclosed this adverse information to his current employer before beginning employment in October 2005. Since then, he has maintained a Top Secret clearance, and his on-the-job conduct and professionalism have been exemplary. Applicant has mitigated the security clearance concerns. Clearance is granted.


Guideline F

11/20/2009

The Judge concluded that Applicant had not demonstrated responsible behavior as to a number of his delinquent debts. Adverse decision affirmed.


Financial, Foreign Influence

11/20/2009

Applicant has significantly greater contacts with the United States than with Afghanistan. He can be expected to resolve any conflict of interest in favor of U.S. interests. He was unable to pay seven debts listed in the statement of reasons (SOR); however, he acted responsibly under the circumstances. He credibly promised to pay his delinquent debts when he receives adequate employment. Foreign influence and financial considerations security concerns are mitigated. Eligibility for access to classified information is granted.


Financial

11/20/2009

Applicant incurred delinquent debt in approximately in 2001 to 2003 because of a downturn in his industry caused by the tragedy on September 11, 2001. He filed for Chapter 13 bankruptcy but the action was dismissed when he could not make the required payments. He took no further action on these debts. He again incurred delinquent debt in approximately 2005 and 2006. He was gainfully employed but he took no action to resolve the old debts or the new debts. He has over $32,500 in delinquent debts that he has not resolved or paid. He has not contacted many of the creditors to establish payment plans. He has not mitigated security concerns for his finances. Clearance is denied.


Criminal Conduct; Personal Conduct

11/20/2009

Applicant is a 26-year-old employee of a federal contractor. The record shows Applicant engaged in a pattern of multiple lesser offenses during 2003 2004, when he was a soldier in the U.S. Army. The command imposed nonjudicial punishment on Applicant on four occasions, and then administratively separated him from the service due to a pattern of misconduct. Applicant failed to disclose his record of nonjudicial punishment in his May 2008 security-clearance application; he also failed to disclose past treatment or counseling for his use of alcohol. The facts and circumstances surrounding Applicant's conduct create doubts about his judgment, reliability, and trustworthiness. The record does not contain sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Guideline F

11/20/2009

The Board does not have authority to waive provisions of the Directive. Adverse decision affirmed.


Financial

11/20/2009

Applicant has over $38,000 in delinquent debts of which almost $30,000 are for student loans. Applicant has not established or presented any plans to pay the debt or shown payment of debts except for a $50 monthly payment on one of her student loans. She has not mitigated security concerns for financial problems. Clearance is denied.


Financial

11/18/2009

Applicant accumulated a number of delinquent debts during periods of unemployment. His largest delinquency is a federal tax debt that is covered by a tax lien. He has only recently reactivated a payment agreement he worked out with the IRS in 2007 and has not documented any payments under his payment agreement with the Service. Applicant has other smaller debts as well that he has addressed in part. With his limited income during extended periods of unemployment, he has had great difficulty satisfying his debts. While he was able to discharge many of his accrued debts through an approved Chapter 7 bankruptcy in 2005, he has continued to have problems addressing his debts. Despite some positive endorsements from his supervisors and some encouraging progress in managing his finances, Applicant is unable at this time to mitigate financial security concerns. Clearance is denied.


Financial

11/18/2009

Applicant's series of temporary jobs failed to provide her with health insurance coverage. The fathers of her children failed to provide child support. Despite a 2003 discharge of debts by the bankruptcy court, a car purchase later that year set her back financially and she again began accruing debts. Her monthly expenses exceed her income by about $500 and little progress has been made on her delinquent debts. Applicant failed to mitigate security concerns. Clearance is denied.


Foreign Influence

11/18/2009

Applicant's parents and daughter are citizens and residents of Russia. She has not mitigated Foreign Influence security concerns. Clearance is denied.


Foreign Preference

11/18/2009

Applicant is a dual citizen of Italy and the United States. She has lived in the U.S. since 1994, and became a U.S. citizen in December 2003. Applicant obtained a foreign passport in June 2003, which is valid until 2013. She used the foreign passport during foreign travel after she became a U.S. citizen, because it was more convenient. She was provided with notice about how to resolve the issue presented by her valid foreign passport, but chose not to invalidate, destroy or surrender it. The security concerns under Guideline C remains. Clearance is denied.


Drugs, Personal Conduct

11/18/2009

Applicant is 27 years old. In January 2008, he completed a public trust application. In May 2008, while on a camping trip he used marijuana and hallucinogenic mushrooms. He acknowledges his mistake and regrets his actions. He has not used illegal drugs since then and has no intention of using them in the future. Applicant mitigated the Drug Involvement and Personal Conduct trustworthiness concerns. Eligibility to access sensitive information is granted.


Financial

11/17/2009

Due to medical problems and friction with a new supervisor, Applicant retired in 2007. His retirement coincided with the recent economic downturn. Money became tight and he began to rely on credit cards. Applicant returned to work on the advice of his financial counselor. He has diligently worked with his home lender to resolve a past due balance on his mortgage and is now also current on the sole credit card at issue. He also showed that he generates more than sufficient income to meet his monthly expenses and make his monthly payments on his credit card debt. Applicant mitigated security concerns. Clearance is granted.


Financial

11/17/2009

Applicant is a 53-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Financial

11/17/2009

Applicant purchased a truck to start a new business hauling cars to and from auctions for local automobile dealers. After three months, he could not generate sufficient income to pay an increased fuel cost. He voluntarily returned the truck to the dealer and incurred a $14,402 delinquent debt. He only made one payment to the creditor after the hearing of $100 on the debt. He does not have a plan to resolve the debt. He has not mitigate security concerns for financial issues. Clearance is denied.


Financial

11/17/2009

Applicant and his then wife filed a Chapter 13 bankruptcy petition in July 2001. It was dismissed for failure to make the payments. After filing the bankruptcy petition, Applicant accumulated numerous delinquent debts that remained unresolved until he received the SOR alleging 22 delinquent debts. After receiving the SOR, he paid six debts. After the hearing he devised a payment plan for several debts, but had made no payments as of the date the record closed. Clearance is denied.


Financial

11/17/2009

Applicant paid six of her delinquent debts and another is current. She has payment plans for three other debts and she is current with her payments under the plans. She disputed four debts and two have been resolved in her favor. She is waiting for the remaining two to be resolved. She mitigated security concerns for financial mattes. Clearance is granted.


Drug Involvement; Personal Conduct

11/17/2009

Applicant was involved with a variety of illegal drugs, at times while holding a security clearance, between 1967 and 2006. Prior statements to government investigators about his drug use and future intentions to abstain from of illegal drugs were deliberately false. Applicant also engaged in illegal drug use despite knowing that such conduct would jeopardize his suitability for access to classified information. Clearance is denied.


Drugs; Personal Conduct

11/17/2009

Applicant is a 29-year-old employee of a defense contractor. She used illegal drugs on multiple occasions and intentionally falsified a Questionnaire for National Security Positions. Clearance is denied.


Guideline F

11/17/2009

The Directive presumes a nexus between proven conduct and an applicant's trustworthiness eligibility. An applicant with exemplary job performance may engage in conduct that has negative trustworthiness implications. Adverse decision affirmed.


Financial

11/17/2009

Applicant is a single mother raising a teen age daughter with 28 admitted delinquent debts. She paid some small medical debts. She has contacted some of the creditors to verify some of the remaining debts. She has no payment plans in effect to pay the remaining debts. She has not mitigated security concerns for her financial problems. Clearance is denied.


Guideline F; Guideline E

11/17/2009

A Judge is presumed to have considered all the evidence in the record. Applicant's evidence in mitigation was not sufficient to meet his burden of persuasion. Adverse decision affirmed.


Financial

11/13/2009

After she and her husband separated in 2004, Applicant's finances changed significantly. She lacked sufficient funds to pay her living expenses. The mortgagor foreclosed on her house, she failed to pay other debts, and her car was repossessed. She has not provided any evidence which establishes that she has resolved or is resolving her outstanding debts. She has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial; Personal Conduct

11/13/2009

Applicant is 52 years old and is employed by a defense contractor. Applicant has eight delinquent debts totaling $24,955. Applicant did not disclose his delinquent debts on his security clearance application or submit proof that he has resolved or paid any of the debts. Applicant failed to mitigate the financial considerations or personal conduct security concerns. Clearance is denied.


Criminal Conduct

11/13/2009

After being pursued by an aggressive driver, Applicant retrieved a shotgun from his back seat and brandished it in view of the other driver. He ultimately pled guilty to two misdemeanor charges, brandishing a firearm and concealment of a weapon. Applicant served his sentence, paid his fines, and successfully completed over 35 of 36 months of unsupervised probation. With only this singular incident blemishing his otherwise clean record, Applicant has since become a father, become active in his community, earned the trust of his co-workers, and become a role model for his children and others. Clearance is granted.


Guideline H; Guideline E

11/13/2009

Applicant's use of illegal drugs continued after she had submitted her security clearance application. Adverse decision affirmed.


Foreign Influence

11/13/2009

Applicant has visited Iran four times in the past ten years, and he has maintained continuing contacts with his six siblings and other collateral relatives, who are citizens and residents of Iran. He failed to mitigate security concerns under Adjudicative Guideline B. Clearance is denied.


Financial

11/13/2009

The SOR lists 5 delinquent amounting to more than $14,500. Two of those accounts are judgments. One judgment was filed in June 2002, and the other was filed in October 2004. There is no evidence of payments on these judgments or the other three debts. Applicant's payment of four unlisted creditors between March 2008 and February 2009 weighs in her favor, but is not enough to find for her under the financial considerations guideline. Eligibility for access to classified information is denied.


Financial

11/13/2009

Applicant began having financial problems while on active duty in the U.S. Air Force, due to frequent deployments, multiple reassignments, and his wife's financial mismanagement. He retired from the Air Force and began working for a federal contractor in 2002. His clearance was revoked in August 2008 due to financial considerations, and he was laid off without pay in October 2008. His employer is holding a position for him if his clearance is restored. Before he was laid off, he was divorced, paid off several delinquent debts, obtained debt counseling, and was making payments on most of his remaining debts under a negotiated plan. He suspended the payments when he was laid off, but will resume payments when he returns to work. Clearance is granted.


Financial

11/13/2009

Applicant has a history of financial difficulties and an unwillingness or inability to satisfy her delinquent debts. While she recently began to pay some of her debts, it is too early to tell if she has established a pattern of financial responsibility. Applicant failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Guideline E

11/13/2009

Applicant disregarded security instructions to cease contact with a foreign national. He developed a sexual and financial relationship with her. Although she was married to a member of the U.S. military, Applicant had a child with her. Adverse decision affirmed.


Financial

11/13/2009

Applicant is 66 years old and works for a federal contractor. He was employed for many years. In 2002, he and a partner decided to start a business. He used his savings for the business. The business failed and Applicant got behind in paying his debts. Along with his income from his job, he also collects a pension, and social security benefits. He has one final payment to make to resolve one remaining delinquent debt. Applicant has mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Personal Conduct

11/13/2009

Applicant provided incomplete information regarding his past drug use in his April 2007 security clearance application and during his July 2007 background investigation interview. His omissions prompted further inquiries and raised personal conduct security concerns. He was subsequently able to demonstrate that his omissions were not deliberate or intentional. Clearance is granted.


Criminal Conduct

11/13/2009

In June 2006, Applicant was arrested and charged with four felony counts of crimes against nature and four felony counts of indecent liberties with a minor after his adult daughter accused him of molesting her on multiple occasions over a four-year period during her childhood. Under a plea agreement negotiated in August 2009, the state nolle prossed the charges of crimes against nature, and reduced the remaining charges to four misdemeanor counts of contributing to the delinquency of a minor. Applicant pleaded no contest to these reduced charges, and the court, after considering the evidence, found him guilty, imposing a jail term of 12 months suspended on each charge, respectively. Because the court's final disposition of the case is still pending, Applicant is an unacceptable candidate for a security clearance. Clearance is denied.


Guideline J

11/13/2009

The Judge's conclusion that Applicant and wife made inconsistent and otherwise unbelievable statements, including Applicant's statement to the OPM investigator, is supported by the record. Adverse decision affirmed.


Drugs

11/12/2009

Applicant self-disclosed a history of drug use limited to a 10-month period. Applicant has disassociated himself with anyone using drugs, adopted a lifestyle inconsistent with drug use, and submitted a signed statement of intent that any future drug use would result in the automatic revocation of his security clearance. He also submitted evidence from a licensed professional counselor and certified addictions counselor who concluded Applicant does not have an illicit drug problem. Based on evidence presented and taking into account the whole person concept, Applicant has mitigated drug involvement security concerns. Clearance is granted.


Personal Conduct, Criminal Conduct

11/12/2009

During his 15-year marriage, Applicant and his former wife argued often. Their arguments led to police arrests for domestic violence, most of which did not proceed through the court system. During this same time, the police arrested Applicant on failure to appear warrants, for disorderly conduct, and for driving under the influence. Applicant intentionally falsified his answers during his security clearance interview. Applicant has not mitigated the government's security concerns regarding his personal conduct and his criminal conduct. Clearance is denied.


Criminal Conduct

11/12/2009

Applicant is a meritorious civilian technician for a defense contractor who spent over 20 years in the Air Force before his retirement in 2006. He became embroiled in a heated exchange with his step son in September 2005, and pushed his mother-in-law who intervened on the step-son's behalf. Applicant was charged with felony assault for his action and pleaded guilty. The court who accepted his guilty plea, placed him on five years probation with conditions. Applicant has satisfied most of the court's conditions, but still owes money on his ordered restitution, and will not complete his ordered probation until November 2009. Considering the isolated nature of the offense, his strong family commitments, his excellent performance evaluations, and the favorable endorsements he has received from his supervisors and coworkers, Applicant is able to demonstrate aberrant behavior and mitigate security concerns associated with his 2005 arrest and conviction. Clearance is granted.


Financial

11/12/2009

Applicant has had a history of overdue debts, the majority of which are not yet resolved. Additionally, Applicant's current financial situation is not stable. Mitigation has not been shown. Clearance is denied.


Financial

11/12/2009

Applicant's statement of reasons listed six delinquent debts, totaling $17,760. She resolved one debt for $581. She has not made sufficient progress resolving the other five SOR debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied.


Foreign Influence

11/12/2009

This 42-year-old employee of a defense contractor has mitigated security concerns under the foreign influence guidelines. He is a naturalized U.S. citizen. He is a translator for the U.S. Army in Iraq. Clearance is granted.


Sexual Behavior, Personal Conduct, Criminal Conduct

11/12/2009

Applicant is 47 years old. He has been illegally viewing and collecting sexually explicit and graphic child pornography since the mid 1990s until September 2006. He sought counseling to address his sexual addiction, but did not submit sufficient evidence of rehabilitation. He has not disclosed his behavior to his family or friends, creating a potential vulnerability to exploitation or coercion. Applicant failed to mitigate the security concerns raised under Guidelines D, Sexual Behavior, E, Personal Conduct, and J, Criminal Conduct. Clearance is denied.


Alcohol; Personal Conduct

11/12/2009

Applicant's alcohol abuse has resulted in a series of alcohol related problems, including: one DWI conviction, appearing at his employment site on at least two occasions while intoxicated, receiving alcohol related treatments in 2000 and 2005, being diagnosed as alcohol dependant by at least two different experts, continuing to consume alcohol until the present, despite being advised by different experts that he should abstain completely. Additionally, Applicant furnished untruthful information about his alcohol consumption to a substance abuse counselor and to the Government. Mitigation has not been shown. Clearance is denied.


Foreign Influence; Personal Conduct

11/12/2009

The Applicant is not subject to possible coercion vis-a-vis his sister and his sister-in-law, who are citizens of Taiwan. His sister is a retired accountant, and his sister- in-law lives with her American family, in the U.S. The vast majority of Applicant's family and all of his wealth are in the U.S. He has been cooperative with U.S. investigators, as testified to by one of those investigators. He also answered question 17 on his January 2008 QNSP, as to possible foreign contacts, to the best of his knowledge and belief, using his employer's security manual as a guide. There is no wilful falsification. Clearance is granted.


Foreign Influence; Foreign Preference

11/10/2009

This 56-year-old employee of a defense contractor has mitigated security concerns under the foreign influence and foreign preference guidelines. She is a naturalized U.S. citizen. She and her husband live in the U.S. She last visited her family in 1998. She has a love of her culture but her loyalty and allegiance is to the U.S. Clearance is granted.


Security Violations; Personal Conduct; Information Technology

11/10/2009

The Applicant engaged in a course of conduct involving a piece of classified hardware that resulted in his termination. He also wrongfully changed a report to minimize his culpability. After his termination, he accessed his employer's internal network without permission and engaged in unauthorized actions. Sufficient rehabilitation has not been shown. Clearance is denied.


Sexual Behavior, Personal Conduct, Criminal Conduct

11/10/2009

From 1972 to about 2003 or 2004, Applicant engaged in sexual activity with prostitutes. In 2007, he provided false information to a Department of Defense (DoD) investigator and in his 2007 response to DoD Hearing and Appeals Office (DOHA) interrogatories concerning the recency of his sexual activity with prostitutes. He mitigated the sexual behavior concern because his conduct was not recent. He failed to mitigate security concerns under Guidelines E and J. Access to classified information is denied.


Financial: Personal Conduct

11/09/2009

Applicant's efforts to resolve her delinquent accounts are sufficient to show financial responsibility. She mitigated the financial considerations and personal conduct security concerns. Eligibility for access to classified information is granted.


Financial; Personal Conduct

11/09/2009

Applicant was stabbed by an ex-boyfriend in 2004, then suffered from pneumonia sometime in 2006 or 2007. Both incidents precluded her from working for unspecified periods. When she completed a security clearance application in February 2008, she denied having delinquent debts. When she met with investigators later in 2008, she indicated that she would paying some of her delinquent bills in the near future. Although she nets approximately $630 each month after all expenses, she has only paid one of the dozen debts at issue. A second debt was shown to be a duplicate of another delinquent account. Applicant also failed to address why she denied having delinquent debts when she completed her security clearance application. Security concerns remain unmitigated. Clearance is denied.


Financial

11/09/2009

Applicant accrued more than $31,000 in delinquent debt when his small business failed and his mother became ill, requiring his financial support. However, Applicant did not respond in a reasonable way to try and resolve his debts. Clearance is denied.


Financial

11/09/2009

Applicant is 30 years old and works for a federal contractor. She experienced financial problems when she divorced, moved, remarried, and engaged in a child custody dispute. Some of her financial difficulties are attributed to circumstances beyond her control. However, Applicant has not formulated a budget and repayment plan to address her many delinquent debts. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

11/09/2009

Less than three years have passed since Applicant's enticement of his nephew for indecent purposes. The fact that the criminal charges were dismissed does not eliminate the significance of Applicant's underlying conduct. Applicant's 16 months of treatment and good job performance weigh in his favor, but are not sufficient to establish his case for mitigation under sexual behavior, personal conduct, and criminal conduct. Applicant did not successfully complete treatment. A careful review of his statements about the details of the offense does not convince me Applicant believes his sexual behavior was wrong. Eligibility for access to classified information is denied.


Foreign Influence; Financial

11/09/2009

Applicant is a naturalized United States citizen, whose mother, three of his siblings, and his mother-in-law are resident citizens of his native Nigeria. Foreign influence concerns raised by these close family ties to Nigeria are mitigated by his strong ties to the U.S., developed since 1980. Financial concerns raised by delinquent debt totaling about $92,500 are not mitigated. Clearance is denied.


Foreign Influence

11/09/2009

This 63-year-old employee of a defense contractor has mitigated security concerns under the foreign influence guideline. He has served as a translator for the U.S. Air Force in the Middle East and Iraq for almost twelve years. Clearance is granted.


Financial; Personal Conduct

11/09/2009

This 44-year-old employee of a defense contractor has not mitigated security concerns under the financial considerations guideline. He has unresolved delinquent debts and does not have an organized plan for repayment. He has mitigated security concerns under the personal conduct guideline. He did not intentionally falsify his security clearance application. Clearance is denied.


Financial

11/09/2009

Applicant has two unpaid judgments and four other delinquent accounts totaling in excess of $17,500. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Foreign Influence

11/09/2009

Applicant's son, a U.S. citizen, resides in Russia, with his wife, who is a citizen of Russia. They are the parents of two small children, who are dual citizens of the United States and Russia and whose first language is Russian. The son's father-in-law, a citizen and resident of Russia, was employed at a high level by a security agency of the Russian government. Applicant, a native-born U.S. citizen, travels to Russia and has on-going social and familial relations with his son, his daughter-in-law, and his son's father-in-law. While Applicant reported his foreign contacts in Russia to his security officers, he failed to mitigate security concerns under Adjudicative Guideline B. Clearance is denied.


Financial, Alcohol, Criminal

11/09/2009

Applicant owes approximately $36,000 in delinquent debt. He has made no effort to resolve these debts, and has provided no documentation of either payments or debt resolution. Applicant has a history of criminal conduct in the 1980s, including convictions for possession of marijuana and possession of cocaine with intent to deliver. In 1998 and 2005, he was convicted of driving under the influence of alcohol. He continues to consume alcohol and intends to do so in the future. He has failed to allay the government's security concerns under Guidelines J, G, and F. Clearance is denied.


Drugs; Personal Conduct

11/09/2009

Applicant began using drugs in high school. In August 2001, he was discharged from the Army in lieu of court-martial after deserting, changing his mind, and voluntarily returning to military control. In 2003, he became addicted to prescription drugs while caring for an injured girlfriend. He began using heroin daily after the death of his older brother in October 2004. He completed an outpatient drug treatment program in April 2006, but he did not complete all the aftercare requirements. He has been drug free since March 2006, and employed since January 2007. He no longer associates with drug users. He was married in March 2007, recently purchased his first home, and is awaiting the birth of his first child. Clearance is granted.


Financial

11/09/2009

As of November 2007, Applicant owed about $5,130 in medical debt and about $10,783 in other unsecured debt incurred over the previous six years when his wages were insufficient to cover his obligations. The debts were discharged in a Chapter 7 bankruptcy in February 2008 and there is no evidence of any new past due debt. Clearance is granted.


Guideline F; Guideline E

11/06/2009

Viewed in light of the record as a whole and the Egan standard, the Judge's adverse decision is sustainable. Adverse decision affirmed.


Guideline F

11/06/2009

The Judge addressed Applicant's favorable evidence but reasonably concluded it was outweighed the extent of the delinquent debts and the recency of the efforts to resolve them. Adverse decision affirmed.


Guideline F

11/06/2009

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


Guideline E

11/06/2009

As a practical matter, a finding regarding an applicant's state of mind may not always be based on the applicant's statements but rather may rely on circumstantial evidence. Adverse decision affirmed.


Financial

11/05/2009

Applicant accumulated 11 delinquent debts (including a major judgment) during periods of underemployment. His proven debts have not been paid or resolved to date. Applicant's finances are not stabilized enough at this time to mitigate security concerns. Clearance is denied.


Foreign Preference

11/05/2009

Applicant has property in France, is a French citizen, has a French bank account, and holds a French-sponsored security clearance. She has received social and medical benefits based on her French citizenship. She wants to continue to receive the benefits of French citizenship. Security concerns pertaining to foreign preference are not mitigated. Eligibility for a U.S. security clearance is denied.


Financial

11/04/2009

Applicant has had a long history of financial difficulties, and he has failed to resolve any of his overdue debts. Mitigation has not been shown. Clearance is denied.


Financial

11/04/2009

As a result of her employment, Applicant transferred from one state to another. Even with extensive efforts, she has been unable to sell her home following the move. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Financial

11/04/2009

Applicant has two unpaid judgments, a federal tax lien, and 21 additional delinquent accounts totaling in excess of $150,000. He has failed to document payment on any but one of the debts. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Information Technology

11/04/2009

In 2003 or 2004, Applicant introduced unapproved software on his government computer despite knowing that doing so was unauthorized. However, the military investigation into his conduct did not show, as the SOR alleged, that he violated specific rules or procedures when he accessed certain components of the military information system, on which he worked as a network administrator. Available information also did not show that his access was unauthorized or illegal. His conduct regarding the software was not shown to have compromised the information system in question. The security concern raised by the government's investigation is mitigated by the passage of time. His past conduct does not reflect adversely on his current judgment, trustworthiness, and reliability. Clearance is granted.


Alcohol, Personal Conduct

11/04/2009


Guideline B

11/03/2009

The security concern in this case arose from Applicant's brother, whose prominence in a highly technical field might draw the brother to the attention of parties interested in acquiring U.S. technology. Applicant maintains frequent contact with the brother and his family. The record will not sustain the Judge's conclusion that Applicant mitigated these security concerns. Favorable decision reversed.


Guideline B; Guideline H; Guideline G; Guideline E; Guideline J

11/03/2009

Applicant's brief contained no assertion of harmful error by the Judge. Adverse decision affirmed.


Guideline F

11/02/2009

Applicant failed to mitigate security concerns arising from her significant delinquent debt. The Board has no authority to grant Applicant's request for an interim clearance to be followed by a review of her credit in one year. Adverse decision affirmed.


Guideline B

11/02/2009

Judge concluded that Applicant's foreign relatives created a heightened risk of exploitation which Applicant failed to mitigate. Adverse decision affirmed.


Drugs

11/02/2009

Applicant used and purchased marijuana for many years, as recently as 2008, and while holding a security clearance. He also made conflicting statements of his intention to use marijuana again. Mitigation has not been shown. Clearance is denied.


Guideline F

11/02/2009

Applicant's evidence was not enough to mitigate the Guideline F security concerns in his case. Applicant submitted new matters, which the Board cannot consider. Adverse decision affirmed.


Financial

10/30/2009

In December 2001, Applicant filed for Chapter 7 bankruptcy. His debts were discharged in August 2002. He continues to have financial problems. He has approximately six delinquent accounts with a total approximate balance of $20,961. He provided no explanation as to how he incurred the delinquent debt and how he plans to resolve his financial situation. Clearance is denied.


Financial

10/30/2009

Applicant and his wife have a combined annual salary in excess of $225,000. They are making $465 monthly payments on five accounts, which had been placed for collection, charged off, or had been past due. He has failed to make any mortgage payments for approximately one year. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations and personal conduct. Clearance is denied.


Drugs

10/30/2009

Applicant has an 11-year history of marijuana use, having used marijuana over 100 times between 1997 and 2008, having purchased marijuana, and having failed a pre-employment drug test in May 2008. Clearance is denied.


Financial

10/30/2009

Applicant accumulated several delinquent debts during periods unemployment. His largest delinquency is a federal tax debt of over $100,000 that resulted from his sales of stocks in a trust fund in the 1990s without paying capital gain taxes on the received proceeds. With his limited income, Applicant has been able to address his two smallest debts but has been unable to make any sizeable headway with his other two debts. Despite a positive endorsement from his direct supervisor, Applicant is unable to mitigate security concerns about his finances. Clearance is denied.


Financial

10/30/2009

Applicant is a 37-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Financial

10/30/2009

Applicant's statement of reasons (SOR) listed 16 delinquent debts totaling $29,316. Her debts consisted of one judgment and numerous collection and charged off accounts. None of the debts were paid or otherwise resolved. She failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Drugs

10/30/2009

Applicant used marijuana while holding a security clearance. Applicant has failed to rebut or mitigate the government's security concerns under illegal drugs and personal conduct. Clearance is denied.


Financial

10/30/2009

Applicant works for a defense contractor in the health care industry. He has 40 delinquent debts totaling $45,000. Applicant filed Chapter 7 bankruptcy in 2005 on $97,772 of delinquent debts and received a discharge. He filed Chapter 13 bankruptcy on April 29, 2009 to resolve $126,800 of delinquent debts, including those listed in the SOR. The payment plan of $2,700 has not been confirmed by the bankruptcy court at the hearing time. Applicant was arrested three times for writing checks on accounts with insufficient funds. He resolved those accusations. Applicant did not mitigate the financial considerations trustworthiness concerns. Eligibility for access to sensitive information is denied.


Financial

10/30/2009

This 52-year-old employee of a defense contractor has not mitigated trustworthiness concerns under financial considerations guideline. He has not resolved $48,000 in delinquent debt. He has a repayment plan but he has not started the payment schedule. Eligibility for a position of public trust is denied.


Financial

10/30/2009

Applicant is financially overextended and lacks a track record of financial responsibility. She failed to mitigate the financial considerations security concern. Eligibility for access to classified information is denied.


Financial

10/30/2009

After losing over $30,000 in a failing sideline business, Applicant had difficulty making payments on home loans exceeding $500,000 on his primary residence. He also lost two investment properties to foreclosure, representing an approximate total of $600,000 in debt. While Applicant stated he otherwise lived within his means, he failed to document his efforts to address these debts. In failing to provide evidence of his income and financial resources, it cannot be confirmed that he lives within his means or has the ability to address the debts at issue. Consequently, financial considerations security concerns remain unmitigated. Clearance is denied.


Personal Conduct: Criminal Conduct

10/30/2009

In March 2000, Applicant resigned from a job with a federal contractor after being confronted with evidence that he viewed pornographic materials on a government computer. In January 2001, he was convicted of illegally soliciting fares at an airport and paid a fine of $300. When he submitted his security clearance application in November 2005, he did not disclose his resignation under unfavorable circumstances or his conviction of illegally soliciting fares. Clearance is denied.


Financial

10/30/2009

Applicant failed to file Federal Tax returns in 1999 and 2000. He entered an installment agreement with the IRS in 2005 to pay his past due Federal taxes. He incurred additional Federal taxes for tax years 2001 to 2003 which were added to the installment agreement. The balance owed on the agreement is $38,000. While Applicant is paying his past due Federal taxes, his finances are in disarray and he lives on the edge financially. He is financially overextended and has not established that he acts responsibly towards his finances. Clearance is denied.


Sexual Behavior, Personal Conduct

10/30/2009

While using a specific adult web site, Applicant encountered illegal imagery of a pornographic nature and engaged in sexual conversation with a minor. Although such content and activity were not regular features of the website, Applicant understood that they could be encountered on the site. Regardless, he used the web site from about 1996 until 2006, during which time he was again exposed to illegal images and, on at least one subsequent occasion, had another sexual "chat" with an underage individual. Applicant's continued use of the web site poses security concerns regarding his sexual behavior and personal conduct that remain unmitigated. Clearance is denied.


Financial; Personal Conduct

10/30/2009

Applicant is financially overextended and lacks a track record of financial responsibility. Moreover, he falsified his security clearance application. He failed to mitigate the financial considerations and personal conduct security concerns. Eligibility for access to classified information is denied.


Financial; Alcohol; Drugs

10/30/2009

Applicant works for a defense contractor. He has four delinquent debts, three of which he is resolving by installment payments. The fourth involves another party which will not agree to resolve the debt at present. Applicant has a 2004 alcohol-related driving and marijuana arrest. He has a 1998 marijuana arrest. He ceased marijuana use in 2004. He has a pattern of responsible alcohol use. Applicant mitigated the financial considerations, alcohol consumption, and drug involvement security concerns. Clearance is granted.


Personal Conduct; Handling Protected Information

10/30/2009

This 46-year-old employee of a defense contractor has not mitigated security concerns under the personal conduct guideline. He lied to investigators concerning his behavior concerning a security violation in 2006. He falsely accepted responsibility for a security violation and did not report the co-worker who actually committed the violation. His judgment casts doubt on his reliability for a security clearance. Clearance is denied.


Financial; Personal Conduct

10/29/2009

Applicant has had a long history of financial difficulties, and he has failed to resolve any of his overdue debts. Also, Applicant knowingly provided false information to the Government about his financial situation. Mitigation has not been shown. Clearance is denied.


Financial

10/29/2009

Applicant is 30 years old and has worked for a federal contractor since 2008. He began experiencing financial problems when he was underemployed and unemployed. When two of his debts became delinquent, he contacted a debt consolidation company to set up a repayment plan. He has settled and paid one of the debts and is making consistent monthly payments to settle the other. He has no other delinquent debts and has consistently paid his student loan, even when he experienced a decrease in income. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Criminal; Personal Conduct

10/29/2009

Applicant works for a defense contractor. She has two children, and is divorced from a controlling husband. She pled guilty to two counts of endangering the welfare of her step-daughter and her daughter after her husband was arrested on other charges. Applicant completed all probation preliminary requirements. She regained custody of her oldest child. Applicant mitigated the criminal conduct and personal conduct security concerns. Clearance is granted.


Financial; Personal Conduct

10/29/2009

Applicant has long-standing financial problems which have not been resolved. He intentionally falsified three answers on his security clearance application. He has not mitigated the government's security concerns under Guidelines F and E. Clearance is denied.


Financial

10/29/2009

Applicant is responsible for multiple unresolved financial delinquencies. She has failed to take action to resolve most of her debts, and she lacks a coherent plan to establish and maintain financial stability. She has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Guideline F

10/29/2009

The Judge noted the lack of record evidence in mitigation. Adverse decision affirmed.


Guideline F

10/29/2009

In light of the Judge's findings, Applicant appears to have acted responsibly. The Judge has not explained what was irresponsible about Applicant's approach. Adverse decision remanded.


Financial

10/29/2009

Applicant is employed by a defense contractor. He incurred several delinquent debts during and as the result of a divorce in the 1980's. He obtained custody of his two children after the divorce. Applicant has resolved his debts, including the two federal tax liens. Applicant mitigated the financial considerations security concerns. Clearance is granted.


Guideline B; Guideline C; Guideline M

10/29/2009

Applicant failed to demonstrate that he had relinquished his foreign passport. Accordingly, the Judge concluded that he had failed to meet his burden of proof as to mitigation of the Guideline C security concerns. Adverse decision affirmed.


Financial

10/28/2009

Applicant is 37 years old and employed by a defense contractor. His history of excessive indebtedness from 1999 to the present, includes four bankruptcy filings, and has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Drugs

10/28/2009

Applicant is 23 years old and employed as a Radar Signaling Processing Engineer by a defense contractor. His history of illegal drug use from 2005 to May 2008 has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied.


Financial

10/28/2009

The Applicant has not made a good faith effort to pay her significant past due indebtedness. She has not shown sufficient rehabilitation. Clearance is denied.


Foreign Influence

10/28/2009

Applicant is 29 years old and employed as an Engineer by a defense contractor. Her foreign contacts in South Korea that include her mother, father, grandmother and other extended relatives, do not pose a security risk. Sufficient mitigation has been shown. Clearance is granted.


Guideline F

10/28/2009

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


Personal Conduct

10/28/2009

Applicant is 39 years old and employed as a Material Warehouse Specialist by a defense contractor. He knowingly and purposefully falsified material information on his security clearance questionnaire, concerning his work history and marijuana use. Sufficient mitigation has not been shown. Clearance is denied.


Foreign Preference; Foreign Influence

10/28/2009

Applicant is 49 years old and employed as a Research Scientist by a defense contractor. He became a naturalized United States citizen in 1995. Following that, he applied for, obtained, and still possesses a valid Taiwanese passport that he uses to enter and exit Taiwan in order visit his family there. He has no intentions of relinquishing his Taiwanese passport. In addition, his foreign contacts are close and continuing and pose a security risk. Sufficient mitigation has not been shown. Clearance is denied.


Guideline F

10/28/2009

Applicant rebutted the presumption that a Judge has considered all the record evidence by demonstrating that the Judge failed to consider a letter of character reference. However, in light of the entirety of the record evidence, this was a harmless error. Adverse decision affirmed.


Guideline F

10/28/2009

Applicant's appeal presented matters not contained in the record. A Judge cannot reasonably be expected to consider facts and circumstances that were not presented to him or her and made part of the record. Adverse decision affirmed.


Guideline J; Guideline E

10/28/2009

Any error by the Judge in dealing with Applicant's mother's testimony was ultimately harmless It is not mere speculation to make a finding about an applicant's state of mind based on circumstantial evidence. Adverse decision affirmed.


Financial

10/27/2009

Applicant's statement of reasons (SOR) listed a bankruptcy in 2006 and six debts totaling $66,159. She denied one debt for $276 and admitted responsibility for the other five debts. None of the five SOR debts were paid or otherwise resolved. She failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Drugs

10/27/2009

Applicant's long-term illegal drug use raised security concerns about his judgment, reliability, and trustworthiness. He failed to mitigate security concerns under the Drug Involvement adjudicative guideline. Clearance is denied.


Foreign Preference

10/27/2009

Applicant was born in Italy and became a U.S. citizen in October 2005. He kept his Italian passport, used it for travel to Italy, and renewed it in March 2008. He votes in Italian elections every five years. He told a security investigator he has allegiance to both Italy and the U.S., but his ultimate allegiance is to Italy. Clearance is denied.


Drugs; Personal Conduct

10/27/2009

Applicant is 31 years old and works for a federal contractor. He used marijuana from 1994 through September 2009. His used marijuana after he completed his security clearance application and two weeks prior to his hearing. He may use illegal drugs in the future, but it is contingent upon whether he is granted a security clearance. Applicant failed to mitigate the security concerns under Guidelines H, Drug Involvement and Guideline E, Personal Conduct. Clearance is denied.


Financial

10/27/2009

The Applicant has not made a good faith effort to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

10/27/2009

Applicant owed more than $49,000 for twelve delinquent debts that remained from a 14-month period of unemployment after he was fired for cause. He resolved two of the smaller debts shortly before and after his hearing, but has not yet established a track record of financial responsibility or solvency. Eligibility for access to classified information is denied.


Financial; Personal Conduct; Criminal Conduct

10/26/2009

Applicant owes more than $24,000 in delinquent debt accrued between 2003 and 2008. Which remains unresolved and which she is unable to repay. She did not document instances of fraud or other circumstances beyond her control she claimed caused her financial problems. In 2002, Applicant was charged in federal court with bank fraud conspiracy in 2002, and she also deliberately falsified her response to two questions on her SF-85P. Her testimony in response to the government's information was not credible. Applicant failed to mitigate the security concerns about her finances, criminal conduct, and personal conduct. Request for a position of trust is denied.


Financial; Personal Conduct

10/26/2009

Applicant has had a history of overdue debts, the majority of which have not been resolved. Applicant's pattern of misconduct, which resulted in his discharge from the military under Honorable Conditions (General), exhibited questionable judgement. Mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct

10/26/2009

Applicant used marijuana with varying frequency from 1991 to 1996, when he stopped using it. He resumed his marijuana use in 1999, but used it only on special occasions. He used marijuana about three times after submitting his security clearance application. He did not disclose his marijuana use on his security clearance application. He initially explained this omission by stating he was not using marijuana at the time he submitted his application, but he admitted at the hearing he knew his answers to the questions about drug abuse were not truthful. Security concerns arising from drug involvement and personal conduct are not mitigated. Clearance is denied.


Foreign Influence

10/23/2009

Applicant is a 52-year-old senior software engineer. Foreign influence security concerns are raised by Applicant's strong family ties or connections to China. His strong family ties create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial

10/23/2009

Applicant is 45 years old and intentionally failed to file and pay his federal, state, and property taxes for many years. He admitted his motivation was greed. He agreed to make certain monthly payments to the Internal Revenue Service and then failed to do so. He owes more than $200,000 in federal taxes. His testimony lacked candor and was not believable. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial; Personal Conduct

10/23/2009

Applicant owes more than $27,600 in seven delinquent debts, including more than $13,000 on his first mortgage loan. He began addressing some of the smaller debts right before and after his hearing, but has not yet established a track record of financial responsibility or solvency. He did not deliberately falsify his security clearance application. Eligibility for access to classified information is denied.


Personal Conduct; Criminal Conduct; Sexual Behavior

10/23/2009

Applicant's use of child pornography from 1998 to February 2005 is not mitigated by the passage of time. His favorable evidence hardly outweighs the seriousness of his offenses. He minimized his questionable behavior during his hearing, showing that he lacks reliability, judgment, and trustworthiness. Eligibility for access to classified information is denied.


Financial; Criminal Conduct

10/23/2009

Applicant has not satisfied two judgment debts totaling $228,548 following a business failure. In March 2004, he was convicted of two counts of false swearing in court testimony in June 2001. Financial and criminal conduct concerns are not mitigated. Clearance is denied.


Financial

10/22/2009

Applicant is 44 years old. He had a period of unemployment in 2004 and another one in 2006. He financially assisted family members in the past. He was aware of his numerous delinquent debts. When his security clearance became an issue he sent the creditors letters offering to settle the debts under the terms he proposed. He has not paid any of the debts or set up payment plans to resolve them. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Criminal Conduct

10/22/2009

Applicant committed assaults in 1997, 2003, and 2006. Two assaults were misdemeanor-level offenses, and were ultimately dismissed. The 1997 assault resulted in a felony-level conviction. His misdemeanor-level, marijuana-related convictions in 1989 and 1994 are not recent. Applicant failed to mitigate security concerns arising from his criminal conduct. Clearance is denied.


Financial

10/22/2009

This 36-year-old employee of a defense contractor has not mitigated security concerns under the financial considerations guideline. He has unresolved delinquent debts and does not have an organized plan for repayment. Clearance is denied.


Financial; Criminal Conduct; Alcohol; Personal Conduct

10/22/2009

Applicant is a 29-year-old employee of a federal contractor. He presented sufficient evidence to mitigate the security concerns raised by his history of (1) financial problems, (2) criminal conduct, and (3) excessive alcohol consumption. But he gave deliberately false answers by understating the full extent of his illegal drug use. His attempts to reconcile his contradictory statements were not persuasive. Clearance is denied.


Financial; Personal Conduct

10/22/2009

This 35-year-old employee of a defense contractor has not mitigated security concerns under the personal conduct guideline because she intentionally falsified her 2008 security clearance application. She has not mitigated security concerns under the financial considerations guideline. She has unresolved delinquent debts and does not have an organized plan for repayment. Clearance is denied.


Financial; Personal Conduct

10/22/2009

Applicant is a 32-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. He intentionally falsified his Questionnaire for Sensitive Positions in August 2007. Clearance is denied.


Drugs; Personal Conduct

10/21/2009

Applicant used marijuana from his teenage years until approximately 16 months ago, when he stopped at age 38. He was charged with possession of marijuana in 1993, and served one year probation. He used cocaine during one month in 2005. When he completed a trustworthiness application in 2003 and a security clearance application in 2007, he deliberately falsified both by failing to disclose his drug use. Despite receiving a security clearance in 2007, he continued using marijuana until June 2008. His disclosure of drug use on a 2008 security clearance application does not mitigate his extensive and prolonged illegal conduct, his use of illegal drugs while holding a security clearance, or his deliberate decision to provide false information to the government on two occasions. Security concerns remain under Guidelines H and E. Clearance is denied.


Financial

10/21/2009

Applicant is a 47-year-old employee of a federal contractor. The record shows Applicant has a history of financial difficulties dating back to the events that precipitated a 1997 Chapter 7 bankruptcy, reappeared during 2002-2003, and came to a head again in 2007 2008, with the start of a home foreclosure. Taken together, these circumstances raise doubts about Applicant's current reliability, trustworthiness, and good judgment, which Applicant did not sufficiently explain, extenuate, or mitigate. Clearance is denied.


Sexual Behavior and Personal Conduct

10/21/2009

Applicant exposed himself to female workers in a coffee shop on four occasions in 2007. He was charged with four counts of public indecency and was convicted on two counts. He was sentenced to two years of Community Control, 60 days in jail (54 suspended), fined, and ordered to submit to a mental health assessment and participate in any recommended treatment. He attended nine therapy sessions. His psychologist did not provide a prognosis regarding the likelihood of recurrence. His conduct strained his marriage, and demonstrated a willingness to betray his family's trust, and to violate the law, in order to satisfy his own desires. Applicant's criminal conduct indicates untrustworthiness and unwillingness to follow the rule of law. Clearance is denied.


Financial; Alcohol; Personal Conduct

10/21/2009

Applicant has a record of motor vehicle offenses, including drunk driving, that led to his license being suspended. His failure to timely pay surcharges led to debt of about $24,079.22 to the division of motor vehicles. As of April 2008, he had paid $11,071 of the debt but was behind in his payments. He also owed about $8,314 in delinquent consumer credit debt that he did not disclose on his security clearance application. Alcohol consumption concerns are mitigated by the absence of any alcohol-related incident since he completed court-ordered counseling in 2005, but financial considerations and personal conduct concerns persist. Clearance is denied.


Use of Technology Information System; Personal

10/21/2009

Applicant accessed, viewed, and downloaded pornographic material in 2006, using a company computer in violation of company policy when he was the facility security officer. His last use of marijuana was over six years ago. He inadvertently failed to file a state income tax return in 1998. When learning that the form had not been filed, he immediately filed the form and paid the penalty. Access to classified information is denied for the wrongful use of the company computer system. He mitigated security concerns for the use of marijuana and failure to file state tax return. Access to classified information is denied.


Drug; Personal Conduct

10/21/2009

Applicant used marijuana on a regular basis between 1980 and 1993. He stopped his marijuana use for five years. He resumed using marijuana on a sporadic basis after indicting an intent not to use marijuana in the future and after being granted a security clearance. He has not been forthright about his marijuana use in recent security interviews or on his most recent security clearance application. Applicant failed to mitigated the government's security concerns under Guidelines H and E. Clearance is denied.


Financial

10/20/2009

Applicant was a young, single mother when she used credit cards to support herself and her infant son because the child's father did not pay the required child support. She worked two jobs while going to school to support herself and her child. She is paying her present obligations but does not have sufficient funds to pay her past due delinquent debts. She presented sufficient information to mitigate trustworthiness concerns about her finances. Access to sensitive information is granted.


Financial

10/20/2009

This 53-year-old employee of a defense contractor has not mitigated security concerns under the financial considerations guideline. Applicant has approximately $21,000 in delinquent debt. He has not resolved his delinquent debts, but maintains that he must wait for the sale of his farm to do so. Clearance is denied.


Financial, Criminal Conduct, Personal Conduct

10/20/2009

Applicant is a young man who had six judgments filed against him between 2007 and 2008. He paid three of them and is paying three of them through a garnishment. In 2006, he discharged $25,000 of delinquent debt through a Chapter 7 bankruptcy. Over the last ten years, he has been convicted of eight misdemeanors and ten civil infractions. He failed to present sufficient evidence to mitigate the security concerns raised under Guideline F, Guideline J, and Guideline E. Clearance is denied.


Financial

10/20/2009

Applicant is a 28 year old employee of a defense contractor. He did not provide sufficient evidence to mitigate public trust concerns raised by his history of delinquent debts. Access to sensitive information is denied.


Financial

10/19/2009

Applicant accumulated a number of delinquent debts between 2001 and 2005, which remain outstanding. His debts include deficiencies from vehicle repossessions and numerous consumer-related and medically-related debts. Applicant provided no explanations of his debts or proof of any efforts to satisfy or otherwise resolve his debts. Available documentation is insufficient to mitigate security concerns associated with his debts and exposure to continuing financial difficulties in the foreseeable future. Clearance is denied.


Guideline F

10/16/2009

Applicant states that she was not asked to provide corroborating evidence. Although pro se applicants cannot be expected to act like lawyers, they are expected to take reasonable steps to protect their rights. Adverse decision affirmed.


Guideline F; Guideline J

10/16/2009

Although Applicant was acquitted at trial, a DOHA administrative Judge is not bound by the same presumptions and burden of proof applicable to criminal prosecutions. Adverse decision affirmed.


Guideline F

10/16/2009

Favorable language in the Judge decision only demonstrated that the Judge the mitigating evidence. It did not detract from the ultimate adverse decision. Adverse decision affirmed.


Guideline F

10/16/2009

Applicant asserts the Judge relied on outdated files. The Judge cited credit reports from 2009 and 2008. Adverse decision affirmed.


Personal Conduct

10/15/2009

Applicant is a 50-year-old telecommunications specialist. The record shows Applicant engaged in wrongful work-related conduct during 2005-2006, when (1) he used a company credit card for unauthorized purchases in September 2006, and (2) he failed to return government-issued equipment after he left employment with a defense contractor in about October 2005, and he still possesses the equipment. The facts and circumstances surrounding Applicant's conduct create doubts about his judgment, reliability, and trustworthiness. The record does not contain sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his wrongful work-related conduct. Clearance is denied.


Financial

10/15/2009

Applicant is a 41-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Personal Conduct; Information Technology; Sexual Behavior

10/15/2009

Security concerns raised pertaining to Applicant's inappropriate use of his company computer by accessing the internet for personal use are mitigated based on the passage of time. There is insufficient evidence to conclude Applicant solicited a minor over the internet in February 2007 using his personal lap top computer. Security concerns raised under personal conduct, information technology, and sexual behavior are mitigated. Clearance is granted.


Guideline F

10/15/2009

The Judge's material findings of security concern are sustainable Applicant's appeal presentation does not rebut the presumption that a Judge is impartial and unbiased. Adverse decision affirmed.


Alcohol

10/15/2009

The Applicant has had four alcohol related arrests, the last in 2004. 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.


Personal Conduct

10/14/2009

Applicant is 27 years old. In the past, he has worked for federal contractors and been deployed to a war zone. He was mistakenly issued the wrong badge that gave him access above what he should have been given. When the mistake was discovered, he returned the badge and was given the correct access. He failed to list his present employer on a security clearance application because he did not want a prospective employer to know he was working for a competitor. Applicant successfully mitigated the security concerns raised under Guideline E, Personal Conduct. Clearance is granted.


Financial

10/14/2009

Applicant accumulated numerous delinquent debts, primarily by purchasing expensive motor vehicles that he could not afford. He has paid some of his delinquent debts and negotiated payment plans for the remaining debts, but has not yet established a track record of financial responsibility. Clearance is denied.


Financial

10/14/2009

Applicant is a 65-year-old engineer for a defense contractor. He traveled frequently for his job, and his wife handled the finances. She developed a gambling problem and ruined them financially. He has resolved his delinquent debts and mitigated any concerns about his finances. Clearance is granted.


Personal Conduct

10/14/2009

This 51-year-old professional has not mitigated the security concerns under the personal conduct guideline. Applicant deliberately falsified his 2007 security clearance application by failing to disclose his illegal use of marijuana in 2003. He held a security clearance at the time. Clearance is denied.


Guideline F

10/13/2009

The Judge's material findings are based on substantial evidence or constitute reasonable characterizations or inferences that could be drawn from the record. Applicant has identified one harmless error in Judge's decision. Adverse decision affirmed.


Financial

10/13/2009

Applicant lacks a coherent plan to resolve his debts, and he failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Eligibility for access to classified Information is denied.


Foreign Influence

10/13/2009

Applicant mitigated trustworthiness concerns regarding her connections to India under Guideline B (Foreign Influence). Applicant's eligibility to occupy a public trust position is granted.


Foreign Preference; Foreign Influence

10/13/2009

Applicant's father is a citizen of Iran and divides his time living in Kuwait and Iran. His mother is a dual citizen of Iran and the United States. She lives permanently in the United States, but has been in Iran for more than a year. 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 destroyed his Iranian passport and is willing to renounce his dual citizenship. He has mitigated Foreign Preference concerns, but he has not mitigated the Foreign Influence security concerns raised by his family ties to Iran. Clearance is denied.


Guideline F

10/13/2009

The Judge found Applicant has numerous delinquent debts which were only partly mitigated. Adverse decision affirmed.


Financial

10/09/2009

The Applicant has not made a good faith effort to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Guideline F

10/09/2009

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


Guideline E

10/09/2009

The Judge made sustainable findings that Applicant participated in a scheme to exploit her status at a military exchange overseas to purchase exchange merchandise for foreign nationals ineligible to make such purchases. Adverse decision affirmed


Guideline G; Guideline J; Guideline E

10/09/2009

The Judge found that Applicant has a 29-year history of alcohol abuse and criminal conduct. Adverse decision affirmed


Personal Conduct, Financial, Foreign Influence.

10/08/2009

Applicant is 56 years old. He sent an email to his employer resigning from his contract job while he was deployed. There were no requirements that he had to stay at his job for a year. Applicant has numerous delinquent debts that remain unpaid and unresolved. His wife and her family are citizens of Ghana. His wife is a permanent resident of the U.S. Applicant mitigated the security concerns raised under Guidelines E, Personal Conduct and B, Foreign Influence, but failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial

10/08/2009

Applicant is 35 years old, and in May 2009, she had $31,000 in delinquent debt discharged in bankruptcy. She did not provide sufficient amplifying information regarding her past debts and her present financial situation. It is too soon to determine if Applicant has established a consistent track record of being fiscally responsible. Applicant failed to mitigate the security concerns raised under Guideline F, Financial Considerations. Clearance is denied.


Foreign Influence

10/08/2009

Applicant is 49 years old, married, and has two children. He works for a defense contractor. Applicant has family members and real estate in Iraq. He has close relationships with his numerous family members in Iraq. Applicant has not mitigated the foreign influence security concerns. Clearance is denied.


Guideline F

10/06/2009

Paucity of record evidence concerning Applicant's debts, especially a tax lien in favor of the IRS, supported the Judge's conclusion that Applicant had failed to mitigate the security concerns in his case. Adverse decision affirmed.


Guideline F

10/06/2009

Applicant made credible allegation that he had submitted evidence which never reached the Judge. Adverse decision remanded.


Financial; Personal Conduct

10/05/2009

Applicant's statement of reasons (SOR) listed 18 delinquent debts, totaling $47,979. He is making payments to address one SOR debt through garnishment of his pay. He has not made any payments to any of his other SOR creditors. He intentionally falsified his 2007 security clearance application. Financial considerations and personal conduct concerns are not mitigated. Eligibility for access to classified information is denied.


Financial

10/05/2009

Applicant's statement of reasons (SOR) lists four delinquent debts totaling $44,971. He paid one debt, and one debt is in an established payment plan. Applicant credibly promised to resolve the last two debts, and his track record of debt resolution provides solid assurance that he will fulfill his promise. Financial considerations security concerns are mitigated. Eligibility for access to classified information is granted.


Guideline F

10/02/2009

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


Guideline F

10/02/2009

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


Guideline F

10/02/2009

Applicant, a financial advisor, has delinquent debt in excess of $50,000. The record demonstrates that the Judge considered Applicant's submissions and reasonably concluded that she had failed to meet her burden of persuasion. Adverse decision affirmed.


Personal Conduct

10/02/2009

Applicant is a 51-year-old employee of a defense contractor. He has been involved with the Boy Scouts of America for much of his life. In about 1986 and 1987, Applicant performed sexual acts on a boy scout under his care and supervision on seven different occasions. The boy was 15 during three of the incidents and 16 during four of the incidents. Applicant apparently is still associated with the Boy Scouts. The Boy Scouts and the parents of his scouts are unaware of his inappropriate sexual actions with a scout. He remains vulnerable to pressure, coercion, exploitation, and duress.


Guideline J; Guideline E

10/02/2009

The Judge's favorable conclusions were not supported by his findings that Applicant engaged in theft 12 times over a five month period that was somewhat recent. Favorable decision reversed.


Financial

10/02/2009

Applicant's history of financial difficulties renders him unsuitable for access to classified information. Clearance denied.


Drugs; Personal Conduct

09/30/2009

Applicant smoked marijuana once each in 2000 and in June 2002, and up to ten more times from June 2004 until August 2008. The drug involvement concerns are mitigated by his change to a drug-free lifestyle. Personal conduct concerns are not sufficient to deny Applicant access because any minimization on his part was minimal and rectified at his first opportunity. Clearance is granted.


Financial

09/30/2009

Applicant has a lengthy history of difficulty managing his finances. Although an extended period of unemployment may have contributed to this problem, he provided scant evidence of any efforts at rehabilitation. Clearance is denied.


Financial

09/30/2009

Applicant is financially overextended and does not have the means to overcome his financial problems. He also lacks a track record of financial responsibility. He failed to mitigate the financial considerations security concerns. Eligibility for access to classified information is denied.


Foreign Influence

09/30/2009

Applicant, who is a U.S. citizen by birth, is married to a dual citizen of the U.S. and Brazil. Principal security concerns relate to the position and status of Applicant's father-in-law, who is a high ranking officer in the Brazilian Army. Applicant persuades that he has and will be able to preserve communication silence between himself and his father- in-law about his business. Brazil is a charter member of the OAS with strong bilateral relations with the U.S., a good human rights record, and demonstrated respect for the rule of law in U.S. trade and commercial relations. Any heightened risk concerns over potential pressure or coercion, by virtue of his father-in-law's military status in Brazil, are mitigated. Clearance is granted.


Financial

09/30/2009

When Applicant and his wife separated, he assumed significant financial obligations, which resulted in many unpaid debts. He obtained two part-time jobs in addition to his full-time job. By working three and sometimes four jobs, he has slowly resolved his unpaid debts. He pays his current bills and has resolved or is resolving his remaining debts. 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.


Alcohol; Criminal Conduct

09/30/2009

Applicant has a history of episodic alcohol abuse spanning a 17-year period from 1992 to 2009. He had four Driving Under the Influence arrests in 2001, 2002, 2007, and 2008. He recently completed an inpatient alcohol treatment program. However, as of his hearing date, he had only been discharged from that program for 12 days. Applicant must show a lengthier period of sobriety before being granted a clearance. Clearance is denied.


Drugs

09/30/2009

Applicant used marijuana in 1996, when he was a 14-year-old high school sophomore. He used marijuana twice in October 2007, tested positive for marijuana use, and used it one more time in December 2007. Security concerns arising from his drug involvement are mitigated. Clearance is granted.


Financial; Foreign Influence; Personal Conduct

09/30/2009

Applicant accumulated several judgments and several other delinquent debts during periods of unemployment and underemployment. While he has been able to work out a payment agreement with one of his judgment creditors, he has not been able to resolve his other debts to date. Applicant's finances are not stabilized enough at this time to mitigate security concerns. Applicant, who is a naturalized U.S. citizen, was born in Nigeria to parents of Nigerian descent. 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. Security concerns raised by Applicant's e-QIP omissions are unsubstantiated. Clearance is denied.


Financial

09/30/2009

Applicant, a retired technical sergeant, accumulated a significant amount of delinquent debt beginning in 2002 as a result of deployments, a decrease in income, and medical injuries. He failed to submit sufficient proof that he has addressed more than half of the debt, despite learning of the government's concerns more than six months ago. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Financial; Drugs

09/30/2009

A series of strokes left Applicant unemployed and in debt. Many of the debts became delinquent as she waited to become eligible for medical disability and Social Security. Although she now receives those funds and generates some income from an independent business, her expenses continue to exceed her income and her delinquent debt remains virtually untouched. As well, in completing her security clearance application, she misidentified the year of a singular instance of drug abuse as 2006, when she held a security clearance. Applicant's testimony and demeanor demonstrated that she has difficulty with dates. The facts indicate the incident preceded 2006 by at least a decade, before she had a security clearance. An isolated incident, Applicant has no intention of using illegal drugs again. Drug involvement security concerns were mitigated, but financial considerations security concerns remain unmitigated. Clearance is denied.


Financial

09/30/2009

Although there is some evidence demonstrating that Applicant is in the process of rehabilitating his finances, significant questions remain, rendering the issuance of a security clearance premature at this time. Clearance is denied.


Alcohol; Personal Conduct

09/30/2009


Financial

09/30/2009

Applicant is 23 years old and has numerous delinquent debts totaling more than $13,000. She explained she had payment plans for some of the debts, but failed to provide proof of the plans or payments. She has several delinquent student loans that she has not paid and is unsure of their status. Applicant failed to mitigate the Financial Considerations trustworthiness concerns. Eligibility to access sensitive information is denied.


Financial

09/30/2009

Through periods of unemployment, physical injury, and recuperation, Applicant acquired significant delinquent debt. The vast majority of that debt is the result of a vehicle purchased to provide safe transportation for Applicant's large family. Financial counseling, a position paying higher wages, and reliance on personal finances guidebooks have helped him successfully make some progress on the delinquent debts noted on his credit report. While Applicant's recent efforts demonstrate a good start, he has not yet developed a track record of regular payment and progress that would mitigate financial considerations security concerns. Clearance is denied.


Drugs; Personal Conduct

09/30/2009

Applicant smoked marijuana, with varying frequency up to twice a month at times, from age 17 to July 1993, again twice in about 2000, and once during the last quarter of 2007. Applicant does not intend to use any illegal drug in the future, and he is not likely to jeopardize his job by using drugs. Personal conduct concerns that arise because of his deliberate omission of drug involvement from his February 2002 SF 86 are not mitigated. Clearance is denied.


Criminal Conduct; Personal Conduct; Financial

09/30/2009

Applicant pleaded guilty to drug distribution in 1991, and later served 2 years of a 10-year sentence. When completing his security questionnaire, he omitted this conviction, as well as two more recent arrests, and his delinquent debts. Both his conviction and his omissions remain security-significant and are not mitigated. Applicant also has a long history of delinquent debts, including substantial child support arrearage that he has only recently begun to address. It is still too early to make safe assessments of his finances. Financial considerations are not mitigated either. Clearance is denied.


Personal Conduct; Drugs

09/30/2009

Applicant's multiple criminal charges over the past 20 years, his failure to list the alcohol-related ones as required on a 2007 security clearance application, and his history of illegal drug use generate security concerns that he failed to mitigate. Clearance is denied.


Foreign Influence

09/30/2009

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.


Sexual Behavior; Criminal Conduct; Personal Conduct

09/30/2009

The passage of 22 years and convincing character evidence mitigates Applicant's sexual behavior. Conversely, Applicant's refusal to admit his deliberate falsification of his security form in August 2006 constitutes criminal conduct and personal conduct that has not been mitigated. Eligibility for access to classified information is denied.


Foreign Influence

09/30/2009

Applicant was not subject to foreign influence through her limited contacts with family and friends living in Russia and Ukraine, because her contacts and connections to the U.S. are far stronger than her connections to either Russia or Ukraine. Clearance granted.


Financial

09/29/2009

The Applicant has not made a good faith effort to pay her significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Personal Conduct

09/29/2009

Applicant is 55 years old and employed as a Security Guard by a defense contractor. Circumstances largely beyond his control caused his financial indebtedness. He is in the process of filing a Chapter 7 bankruptcy, but has not completed the process. He did not intentionally conceal material information from the Government on his security clearance application. Sufficient financial mitigation has not been shown. Clearance is denied.


Financial

09/29/2009

Applicant has had a history of overdue debts, the majority of which are not yet resolved. However, Applicant has shown and continues to show a significant good faith effort to resolve his overdue debts. Mitigation has been shown. Clearance is granted.


Financial

09/29/2009

Applicant is 30 years old. In 2001 he held two jobs, for a period of two years, and was earning a high salary. He overextended himself financially by buying two houses in a short period of time and a luxury car. He had difficulty meeting his financial obligations and used credit cards and lines of credits to pay bills. He has numerous judgments and credit card debts, along with a tax lien. He has not paid any of his delinquent debts. He was confused on the security clearance application about what constituted a lien and he was unaware of the judgments against him. He mitigated the security concerns raised under Guideline E, Personal Conduct, but failed to mitigate the security concerns raised under Guideline F, Financial Considerations. Clearance is denied.


Foreign Influence

09/29/2009

Applicant's parents and siblings are citizens and residents of India. His in-laws and his wife's siblings are citizens and residents of India. He visits them every two years and talks to them frequently. Applicant was educated in India, and he and his family came to the United States for a better life. He is fully immersed in United States culture and life style. India is a democracy that is allied with the United States on many international issues. Applicant has mitigated security concerns for foreign influence. Eligibility for access to classified information is granted.


Financial

09/29/2009

The Applicant has not made a good faith effort to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

09/29/2009

Applicant accumulated numerous delinquent debts dating back to 2002. He provided evidence that one debt was resolved. He claimed to be making payments on an unsatisfied judgment, and he claimed several debts were paid, but he produced no documentary evidence of payment. Clearance is denied.


Financial; Personal Conduct

09/29/2009

Applicant failed to mitigate the trustworthiness concerns that arise from her longstanding financial problems and her failure to disclose her delinquent debts in a Questionnaire For Public Trust Positions (SF 85P) she submitted in February 2008.


Financial

09/29/2009

ADP case. The Applicant has not made a good-faith effort to pay her significant past due indebtedness. Sufficient rehabilitation has not been shown. Finding of trustworthiness is denied.


Criminal Conduct; Alcohol; Personal Conduct

09/29/2009

The Applicant has had eight criminal incidents, five involving alcohol, from 1996 through 2006. They show a pattern of abuse. In addition, he falsified a Government Questionnaire concerning his alcohol use. Sufficient mitigation is not shown. Clearance is denied.


Foreign Influence; Alcohol; Personal Conduct

09/29/2009

The Applicant has extensive connections to two foreign countries, which cannot be mitigated under the facts of this case. He has been involved in three alcohol related criminal incidents between 1998 and 2007. They do show a pattern of abuse. He did not falsify a government questionnaire. Sufficient mitigation is not shown. Clearance is denied.


Foreign Influence

09/28/2009

Applicant, his wife, and their two children left their native Iraq and came to the United States in 1997. They remained and established lives here. A son was born in the United States. Applicant and his family became U.S. naturalized citizens in 2004. In 2007, he returned to Iraq as a cultural advisor for the U.S. Army, where he made significant contributions. He mitigated the foreign influence concerns raised by his parents, siblings, and in-laws, residing in northern Iraq. Clearance is granted.


Financial

09/28/2009

Applicant is responsible for approximately $90,000 in delinquent debt. His failure to mitigate his financial delinquencies raises security concerns. Clearance is denied.


Financial

09/28/2009

Applicant's delinquent debts started accruing when his company downsized and he had to move to another city, with a higher cost of living, to keep his job. He provided documentation showing that he paid several debts and has been paying on payment plans for other debts. The evidence has allayed the government's security concerns under Guideline F. Clearance is granted.


Foreign Influence

09/25/2009

Applicant was born in Jordan. He has lived in the U.S. since coming here as a teenager in 1993. Members of his family remain in Macedonia, and he visited them several times since 2002. He keeps in touch with his parents approximately weekly. He graduated high school in the U.S., and earned a bachelor's degree at a U.S. university. He has worked for federal contractors since 2004, and has held an interim clearance without incident. Applicant is married to a naturalized U.S. citizen, and has two children who were born in the United States. His strong ties to the United States outweigh his ties to Jordan. Clearance is granted.


Drugs

09/25/2009

This 36-year-old employee of a defense contractor has not mitigated the security concerns under the drug involvement guideline. Applicant's use of illegal drugs spans from 2001 until 2008. Clearance is denied.


Financial

09/25/2009

This 59-year-old employee of a defense contractor has mitigated the concerns under the financial considerations guideline. Applicant has paid many small debts and has others in repayments status. He has a plan for the remaining delinquent debt. Eligibility for a public trust position is granted.


Criminal Conduct; Financial

09/25/2009

Security concerns raised under criminal conduct due to Applicant's arrest in January 2009 are not mitigated because the criminal trial was pending at the close of the record. While Applicant's child support obligations are being paid each month, she has taken very little actions towards resolving her remaining delinquent accounts. An intention to pay in the future is not sufficient to mitigate the concerns raised under financial considerations. Clearance is denied.


Criminal Conduct; Drugs

09/25/2009

Applicant's use of methamphetamine from May 2005 to January 2007 is not mitigated by his two-year abstinence while under probation. At this time, the passage of time is not sufficient to show reliability, judgment, and willingness to comply with rules and regulations. Eligibility for access to classified information is denied.


Foreign Influence

09/25/2009

Applicant worked in a Taiwan-based company for two to three years before developing a distaste for his organization. He returned to the United States with his Taiwanese fiancee and severed all ties, financial interests, and business practices from that period of employment. Now married, Applicant and his wife have had a child, bought a home, and become part of their community. Remaining in Taiwan is Applicant's father- in-law, a private citizen of Taiwan, with whom his wife has a fond relationship. As well, her estranged mother, younger brother, and octogenarian grandparents remain in Taiwan, but her relationships with them are mostly casual. Although Taiwan is known as a collector of foreign economic information, it is not known to use coercive practices against its citizens. There is no evidence to suggest Applicant's in-laws are vulnerable to exploitation. Clearance is granted.


Foreign Influence

09/25/2009

Applicant is a naturalized United States citizen. He is married to a Lebanese citizen who is currently seeking refugee status in Canada. His mother and sister remain citizens and residents of Lebanon. His brother is a dual-citizen of Lebanon and Canada residing in Saudi Arabia. Applicant maintains regular telephonic contact with these family members and sporadic physical contact with his mother and wife. Although Lebanon is a parliamentary republic and friend of the United States, it has a significant terrorist presence in and around its borders. Applicant submitted scant information regarding his family, personal history, and contacts. Consequently, foreign influence security concerns remain. Clearance is denied.


Drugs; Financial

09/24/2009

Applicant failed to mitigate security concerns under the Drug Involvement and Financial Considerations adjudicative guidelines. The written record contained insufficient evidence to conclude that the Bond Amendment applied to Applicant's drug use. Clearance is denied.


Financial

09/24/2009

Applicant has had only one overdue debt, for her home loan, that arose for reasons largely beyond her control. She has made, and is continuing to make, a good- faith effort to resolve this debt. Mitigation has been shown. Clearance is granted.


Drugs

09/24/2009

Applicant's addiction to prescription painkillers, developed while recovering from a back injury in 2003, generates a security concern under Guideline H, Drug Involvement. In 2004, he enrolled in an outpatient substance abuse program that he successfully completed. Recently, he suffered another injury that required treatment with prescription painkillers. According to the prescribing physician, he used them responsibly, without relapse. Applicant has mitigated the Guideline H security concern. Clearance is granted.


Financial

09/24/2009

Applicant failed to mitigate the security concern created by his long history of financial irresponsibility. He failed to take any action to resolve most of the debts listed in the Statement of Reasons (SOR), and his testimony and the evidence he presented give little reason to anticipate he will resolve those debts in the foreseeable future.


Financial

09/24/2009

Applicant developed financial problems following his young daughter's diabetes diagnosis in 2004. He and his wife divorced in 2008, which also impacted his finances. Applicant failed to provided documentary evidence showing that he paid the debts listed in the statement of reasons and that he is in compliance with a repayment plan on one debt. He has not mitigated the government's security concerns under guideline F. Clearance is denied.


Financial

09/23/2009

Applicant developed financial problems between 2003 and 2007 when his employer laid him off, he worked for low wages, and he injured his back on the job and did not receive worker's compensation benefits for six months. He is resolving the largest debt listed in the statement of reasons, but has not provided a practical plan to resolve the numerous unpaid smaller debts. He has not mitigated the government's security concerns under guideline F. Clearance is denied.


Financial

09/23/2009

Applicant encountered financial problems after retiring from the Air Force in 1999. He enrolled in a debt repayment program in 2007. He has made regular payments to the program resolving four delinquent accounts with the debt repayment program. Two accounts remain in the program. Applicant also created a monthly allotment to repay a debt owed to the military exchange. His proactive steps to resolve his financial situation mitigate the security concerns raised under financial considerations. Clearance is granted.


Drugs

09/23/2009

Applicant began using marijuana in high school. He sold marijuana to friends and sold cocaine to two people between August 2007 and February 2008. He used cocaine once. In February 2008, during his last year of college, he decided to stop his drug involvement and "grow up." He no longer associates with drug users. He submitted a notarized statement of intent to never use or distribute any illegal substance, acknowledging that doing so will result in automatic revocation of any security clearance. Clearance is granted.


Alcohol

09/23/2009

Applicant was twice convicted of underage drinking offenses in 2004. He was convicted of underage drinking and driving in 2005. He was charged with Driving While Intoxicated (DWI) in 2006. He has not driven a vehicle after consuming alcohol since he was charged with DWI in 2006, and he now consumes alcohol responsibly and in moderation. Applicant has mitigated the security concern that was created by his alcohol consumption.


Drugs; Financial

09/23/2009

The Applicant used cocaine for a brief but intense period in 2007. He continues to live with the person who introduced him to drugs, and also helped get him into financial difficulty. He has not made a good faith effort to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Personal Conduct

09/23/2009

From November 2006 to April 2007, Applicant submitted false time cards to his employer. He was caught and resigned to avoid termination. He misled two investigators and falsified his Security Clearance Application (SF-86) about leaving his employment under adverse circumstances. Personal conduct concerns are not mitigated. Clearance is denied.


Sexual Behavior, Personal Conduct, Criminal Conduct

09/23/2009

Applicant was charged with three felony counts of child molestation raising security concerns under sexual behavior. Applicant was subsequently acquitted by a jury of all charges. In addition to the police investigating these charges, the charges were also investigated by the child protective service and found to be invalid. Applicant was successfully vetted as a candidate to adopt his son. Also, inappropriate photos were discovered on his workplace computer raising personal conduct concerns. Applicant sought counseling and fully cooperated with his employer. Applicant has successfully mitigated all security concerns raised. Clearance is granted.


Financial

09/22/2009

Applicant is 60 years old and employed as a Project Engineer by a defense contractor. Circumstances beyond the Applicant's control, namely a business venture gone bad, through no apparent fault of his own, and poor financial decisions, caused his excessive tax indebtedness. Since then, he has reduced his overhead, increased his income, and is waiting for a response from the IRS regarding his offer of compromise. He intends to pay off his taxes as soon as possible. He has paid off his other creditors. He has made a good faith effort to resolve his indebtedness. Sufficient mitigation has been shown. Clearance is granted.


Financial

09/22/2009

Applicant is 41 years old and employed as a Security Officer by a defense contractor. He became excessively indebted as a result of circumstances beyond his control. Recently he has been working to resolve his indebtedness. He has paid off some of his debts and set up payment plans to resolve others. He has made a good faith effort and demonstrates financial responsibility. He will continue to pay his debts until he has resolved them in their entirety. Sufficient mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

09/22/2009

Applicant fell behind more than 60 days on his mortgage in 2006, and the lender commenced foreclosure proceedings. He resolved an order to foreclose on his home by paying off the loan through a new mortgage in January 2009. He still owes more than $20,000 in delinquent debt, which he intends to resolve. He has been otherwise responsible in handling his personal financial matters. But personal conduct concerns persist because he falsified his security clearance application. Clearance is denied.


Drug Involvement

09/22/2009

Applicant is 26 years old and employed as a an Engineer by a defense contractor. During college he abused a variety of illegal drugs to fit in with his peers, including marijuana, cocaine, LSD, ecstacy, and on three occasions, he abused prescription drugs without a prescription, namely Xanaz, Vicodin and Percoset. Since then, he has grown up and matured and made many positive changes in his life. He has been drug free for fourteen months, he no longer associates with drug users, and has no intention of ever using illegal drugs again. He has submitted a letter of intent indicating that if he were to ever use any illegal drug his security clearance would be subject to automatic revocation. Sufficient mitigation has been shown. Clearance is granted.


Financial

09/22/2009

Applicant is 31 years old and employed as a Project Analyst by a defense contractor. Circumstances beyond the Applicant's control caused his financial problems. He has made a good faith effort to resolve his indebtedness. Sufficient mitigation has been shown. Clearance is granted.


Drug Involvement

09/22/2009

Applicant is 23 years old and employed as an Engineer by a defense contractor. Applicant used Marijuana and Adderal, (a prescription drug, without a prescription) during college, with peers, between August 2004 through March 2008, on an infrequent basis. After graduating from college, he has drastically changed his environment, matured and no longer uses illegal drugs. He has signed a letter of intent indicating that any future use of any controlled substance without a prescription would result in his immediate and automatic security clearance revocation. Sufficient mitigation has been shown. Clearance is granted.


Financial

09/22/2009

Applicant encountered financial problems in 2003-2004 as a result of a downturn in his trucking business. He has been employed by a reputable company over the past several years and resolved six of the seven accounts alleged in the SOR. He demonstrated that he lives within his means and mitigated the security concerns raised under financial considerations. Clearance is granted.


Alcohol

09/22/2009

Applicant is 49 years old and employed as a Business Development Manager by a defense contractor. Applicant's history of alcohol abuse, which includes two voluntary alcohol rehabilitation treatment programs and a diagnosis of alcohol dependence, has been mitigated by Applicant's self awareness, demonstration and commitment to complete sobriety. Clearance is granted.


Financial

09/22/2009

This 29-year-old employee of a defense contractor has not mitigated the security concerns under the financial considerations guideline. Applicant has approximately $16,000 in delinquent debt. He has not resolved the debt and has no payment plan in place to do so. Clearance is denied.


Financial

09/22/2009

Applicant's statement of reasons (SOR) lists 11 debts totaling about $36,519. Eight SOR debts, totaling about $35,000, were not adequately addressed or resolved. Applicant failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Financial

09/22/2009

The Statement of Reasons alleges 16 delinquent debts amounting to more than $14,000, which started accruing approximately in 2000. One debt was partially paid when a federal agency seized Applicant's income tax returns. The remaining debts are unpaid. Applicant claims to have contacted creditors, but provide no documentation to support his contention. He has not established payment plans. Security concerns remain, and Applicant's request for a security clearance is denied.


Foreign Influence

09/22/2009

Applicant is 57 years old and employed as a Aerospace Systems Engineer by a defense contractor. Applicant's close and continuing contacts with his siblings in Iran pose a significant security risk. Clearance is denied.


Financial

09/22/2009

Applicant is 48 years old and employed as a Electrical Engineer by a defense contractor. Circumstances beyond the Applicant's control, namely his wife's unexpected mental illness and its ramifications, caused his financial problems. He has made a good faith effort to resolve his indebtedness. Sufficient mitigation has been shown. Clearance is granted.


Sexual Behavior; Personal Conduct

09/22/2009

As an adolescent, Applicant engaged in various forms of inappropriate sexual behavior, beginning in 1987. The behavior continued until 2004, when he was an adult. He was also denied access to Sensitive Compartmented Information by another government agency in 2005, in large part due to his past sexual behavior. Clearance is denied.


Financial

09/21/2009

Over the past eight years, Applicant incurred 21 delinquent accounts, a total approximate balance of $51,861. He has no established plan to resolve his delinquent debts. He did not mitigate the security concerns raised under financial considerations. Clearance is denied.


Financial

09/21/2009

Applicant fell behind on his debt payments in 2006. By early 2007, he had accrued approximately $45,000 of delinquent debt. In September 2007, he filed for Chapter 13 bankruptcy protection. Since then, he has satisfied nearly half of the SOR delinquencies through the plan in steady, monthly payments. Applicant has mitigated the financial considerations security concern. Clearance is granted.


Financial

09/21/2009

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


Financial; Personal Conduct

09/21/2009

Applicant incurred delinquent medical debts when he required medical treatment and did not have health insurance. He also had periods of unemployment when he worked in construction over seven years ago. He has been steadily employed for the last seven years but he has not even attempted to pay any of his past due financial obligations. He recently sold his house and realized a substantial profit. He had an opportunity to resolve his debts but did not take sufficient action or provide sufficient information to show a good-faith effort to pay his debts. Applicant could not explain why he did not provide accurate answers to questions on his security clearance application about his finances and arrests or charges relating to alcohol or drugs. Applicant failed to mitigate financial considerations and personal conduct security concerns. Clearance is denied.


Financial

09/21/2009

Applicant is a 50-year-old employee of a federal contractor. The record shows she has a history of financial problems or difficulties (delinquent debts). The record also shows that (1) her financial difficulties were, in part, due to circumstances largely beyond her control, (2) she made a good-faith effort to repay or otherwise resolve debts, (3) she has a reasonable basis to dispute some debts, and (4) she has taken positive steps to resolve the situation and it appears likely that she will favorably resolve the situation. Clearance is granted.


Guideline F

09/21/2009

The record provides no reason to doubt that Applicant's decision to represent himself was knowing and intelligent. Having chosen to represent himself, Applicant cannot complain about the quality of his self-representation. Adverse decision affirmed.


Alcohol, Drug, Personal Conduct

09/21/2009

Applicant has a history of excessive alcohol use, extensive use of marijuana, as well as use of four other illegal drugs, and unprescribed Ritalin. In addition, he has received six citations and fines for civil infractions over the seven years from 2001 to 2008. He no longer uses illegal drugs, and has moderated his use of alcohol. However, his past willingness to violate the law over a long period of time by using illegal drugs, and his pattern of repeatedly violating civil ordinances, represent a pattern of willingness to disregard rules that is incompatible with holding a security clearance. He has failed to allay the security concerns under Guidelines G, H and E. Clearance is denied.


Financial; Personal Conduct

09/21/2009

Applicant has had a history of financial difficulties, and while she has attempted to resolve much of her overdue debts through payment or dispute, there was not sufficient evidence introduced to establish that her current financial situation is more stable. Applicant did attempt to mislead the Government in statements that she made in a SCA. Mitigation has not been shown. Clearance is denied.


Financial

09/21/2009

Applicant is 41 years old. He has had a history of financial problems for many years. He recently set up a payment plan that includes many of his debts, but not all of them. He has not paid or resolved the remaining debts. Due to many issues, he has not yet made payments on the plan. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Guideline F; Guideline J; Guideline E; Guideline G

09/21/2009

. The Judge concluded that Applicant provided deliberately false answers on his security clearance application and that Applicant had failed to mitigate the Guideline E security concerns. However, the Judge made no findings or conclusions regarding the allegations under Guidelines F, J, and G. He stated that to undertake such findings and conclusions would be "pointless. The Directive says "The Administrative Judge shall make a written clearance decision in a timely manner setting forth pertinent findings of fact, policies, and conclusions as to the allegations in the SOR . . ." This provision does not authorize a Judge to enter findings and conclusions only as to some of the allegations. Rather, it requires the Judge to address all of them. The parties and the Board have a right to know what findings the Judge is making with respect to all of the SOR allegations, not just some of them. Adverse decision remanded.


Personal Conduct; Criminal Conduct

09/21/2009

Applicant deliberately falsified a July 2007 SF 86 by omitting his drug use between September 2005 and May 2007. He was interviewed by a government investigator three times in 2007, but did not disclose his drug use. His request for a clearance was denied in December 2007. In an August 2008 SF 86, Applicant deliberately falsified information about his drug use by claiming it had ended in 2006. His multiple deliberate falsifications also violate federal criminal law, as stated in 18 U.S.C.  1001. Clearance is denied.


Financial

09/21/2009

Applicant incurred delinquent debt from credit cards starting in 2003 when he was terminated from his position with a company, and could no longer maintain payments on his credit cards. After termination, he was immediately hired by another employer at half his former salary affecting his ability to make payments on his credit card debt. Within a year, he was hired by his present employer being paid an amount equivalent to his first salary. He has not paid any of his past due obligations. He has not mitigated security concerns for financial considerations. Eligibility for a sensitive position is denied.


Financial

09/21/2009

Applicant has had a history of financial difficulties, and she has not resolved most of her overdue debts. Also, there was not sufficient evidence introduced to establish that her current financial situation is more stable. Mitigation has not been shown. Clearance is denied.


Guideline f

09/21/2009

There is record evidence which identifies with sufficient specificity for a reasonable applicant to respond. The timing of Applicant's actions is relevant to the application of mitigating condition 20 (d). Favorable decision remanded.


Financial; Personal Conduct

09/21/2009

Applicant was punished and discharged from the Army for taking money from a wallet he found in a parking lot. After his discharge, he accumulated numerous debts, some of which were incurred when his estranged wife fraudulently opened accounts in his name. His legitimate debts are unresolved. He claimed to have resolved two debts but produced no documentation. Security concerns based on personal conduct are mitigated, but concerns based on financial considerations are not mitigated. Clearance is denied.


Personal Conduct; Drugs

09/21/2009

Applicant used methamphetamine for many years. Applicant's credibility, trustworthiness, and judgement are extremely suspect, as she was not truthful or candid with information about her drug usage that she furnished to the United States Government on a Security Clearance Application (SCA). Mitigation has not been shown. Clearance is denied.


Foreign Influence; Security Violations; Personal Conduct

09/21/2009

Applicant was born in the United States and served for 20 years in the United States Army. His two children are U.S. citizens. Applicant's parents, four brothers, and two sisters are U.S. citizens and residents. Applicant's wife is citizen and resident of South Korea, who plans to become a U.S. citizen when eligible. Applicant's wife has family members, who are citizens and residents of South Korea. 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. Applicant was involved in two incidents of improper handling of secured information, in 2004 and 2005. These are the only two events of security violations since Applicant has held a security clearance from 1995. Mitigation has been shown. Clearance is granted.


Financial

09/18/2009

Applicant separated from his wife in June 2004. His finances deteriorated because he continued to pay expenses on the family home and his own living expenses for a long period of time. He no longer pays the house expenses. Despite significant available income each month, Applicant has not gained control of over his past due debts and finances nor has he established a track record for paying his debts. He has not mitigated the government's security concerns under guideline F. Clearance is denied.


Sexual Behavior; Criminal Conduct

09/18/2009

Applicant failed to mitigate the security concerns about his 2005 arrest and 2006 conviction for Attempted Solicitation of a Child by Computer to Commit an Unlawful Sex Act. Clearance is denied.


Financial

09/18/2009

The Applicant has not made a good faith effort to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

09/18/2009

Applicant failed to mitigate the security concerns arising from financial problems alleged in the statement of reasons. Eligibility for access to classified information is denied.


Financial

09/18/2009

Applicant's available information is not sufficient to mitigate the security concerns arising from financial considerations. Eligibility for access to classified information is denied.


Drugs; Personal Conduct; Criminal Conduct

09/18/2009

Despite Applicant's denials, the evidence established that Applicant used Marijuana and Ecstacy while he was in the Marine Corps. Additionally, Applicant's credibility, trustworthiness, and judgement are 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) regarding his drug usage. Mitigation has not been shown. Clearance is denied.


Drugs

09/18/2009

Applicant failed to mitigate security concerns about his drug use. For more than 15 years, Applicant used marijuana with varying frequency, including monthly use between about early 2006 and April 2008. He grew and sold a pound of marijuana to finance his 2003 wedding, his wife still smokes marijuana, and Applicant has not stated that he no longer uses marijuana. Clearance is denied.


Drugs; Personal Conduct

09/18/2009

Applicant is a 55-year-old employee of a defense contractor. He used illegal drugs repeatedly while holding a security clearance. He incorrectly answered the same question on two Questionnaires for National Security Positions. However, the requested information was provided elsewhere on the questionnaires. There was no intent to deceive or mislead. Applicant mitigated Personal Conduct concerns, but he has not mitigated Drug Involvement security concerns. Clearance is denied.


Financial

09/17/2009

Applicant and her husband incurred debts they would not pay in caring for their daughter and granddaughter. Their debts, but one, were discharged by bankruptcy in 2005. They incurred debt after the discharge. Two debts were disputed and resolved for Applicant. Two debts were credit card debt used in support of charitable activities. Both debts are being paid. One debt was for a loan taken out by Applicant's husband, and is being paid as agreed. One debt is the remaining debt from the bankruptcy, and is being paid as agreed. Applicant mitigated financial considerations security concerns. Clearance is granted.


Foreign Influence

09/17/2009

Applicant is a U.S. citizen who accepted employment with a defense contractor and was assigned duty in the United Arab Emirates (UAE). He has lived there since April 2005. Shortly after arriving, he met a Chinese national in a bar and they began an intimate relationship. He paid for sex two times and subsequently, they began to cohabit around May 2005. They married in 2007. Her mother and daughter live in China. She keeps a bank account in China for her mother to withdraw funds to support herself and the daughter. Applicant contributes funds to this account. Applicant's spouse purchased an apartment for her mother and daughter in China, and Applicant contributed $4,000 toward the purchase and furnishings. His name is not on the title to the house because his understanding is that, as a foreigner, he cannot own Chinese property. Applicant's spouse traveled to China four times in the past two years. He accompanied her on the trip in September 2008, and met the daughter and other relatives. China has an aggressive program targeting sensitive U.S. information. In light of this fact, as well as Applicant's strong ties to a Chinese citizen, and ties of obligation to her Chinese family, a heightened risk of exploitation exists. Clearance is denied.


Financial; Personal Conduct

09/17/2009

Applicant is 50 years old, divorced and has five children. He works for a defense contractor. He incurred 19 delinquent debts totaling $115,241.75. He has not resolved any of the debts. Applicant did not disclose his delinquent debts on his security clearance application because of an unintentional error. Applicant did not mitigate the financial considerations security concern. He mitigated the personal conduct security concern. Clearance is denied.


Financial

09/17/2009

Applicant's financial delinquencies accrued because of his difficulty in paying medical expenses he incurred after experiencing a serious car accident shortly after graduating from high school. Since then, he contacted a credit counselor, organized his bills, and began satisfying them through a payment plan. The probability of recurrence is minimal. Applicant mitigated the government's financial considerations security concern. Clearance is granted.


Financial

09/16/2009

Applicant 's husband suffered an on-the-job back injury in 2000, which resulted in three months of lost income and unpaid debts. They filed a Chapter 13 bankruptcy and paid under this plan until Applicant's husband re-injured his back in 2002. Her husband did not work for over five years and he did not timely receive his worker's compensation payments. He resolved his worker's compensation cases through settlement in 2004 and 2006. Applicant received training and returned to work in December 2003. She also suffered a work-related injury in 2005, which resulted in a four-month loss of work for her. Applicant has paid many of her unpaid bills and has a payment plan in place for three more bills. Applicant has mitigated the government's security concerns about her debts.


Financial

09/16/2009

The Applicant has not made any attempt to pay his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Criminal Conduct, Personal Conduct, Sexual Behavior

09/16/2009

Applicant was indicted for Indecency - Fondling of a neighbor child and pled guilty to Injury to a Child - Bodily Injury, both felonies. He initially denied any wrongdoing, but has now admitted his guilt to his Sex Offender Treatment Providers. He is still undergoing court-ordered therapy and will remain on supervised probation subject to further deferred sentencing until April 2017. Eligibility for access to classified information is denied.


Foreign Preference, Foreign Influence

09/16/2009

Applicant's close family ties to his parents and sister, who are residents and citizens of India, raise foreign influence security concerns. Applicant, his wife, and child are U.S. citizens, whose lives and interests are clearly vested in the U.S. He mitigated foreign influence concerns. Applicant mitigated foreign preference concerns raised by possessing an Indian passport and expressing an intent to apply for Overseas Citizenship of India (OCI) status by destroying his Indian passport and withdrawing in writing his intent to apply for OCI status. Clearance is granted.


Foreign Influence, Foreign Preference

09/16/2009

Applicant was born in the United States. Applicant, his father, brother, and two uncles have connections to Iran, Germany, or both countries. However, Applicant has not been to Iran, or communicated with anyone living in Iran for more than 15 years. Applicant has more significant connections to Germany. Applicant terminated his access to his German passport. He has significantly greater contacts with the United States than with Germany. He can be expected to resolve any conflict of interest in favor of U.S. interests. Foreign preference and foreign influence security concerns are mitigated. Eligibility for access to classified information is granted.


Foreign Preference

09/16/2009

Applicant, his father, and his two brothers were born in the United States. In 1997, Applicant moved to the United Kingdom at the behest of his company. In 2004, he became a citizen of the United Kingdom. Between 2004 and 2007, he voted in a U.K. election, used U.K. medical benefits, and obtained a U.K. passport. When he learned these preferences for the United Kingdom raised a serious security concern, he gave his U.K. passport to his security manager, and renounced his U.K. citizenship. He now lives in the United States, and participates in U.S. elections. He has substantial investments in the United States and relatively minimal investments in Spain and the United Kingdom. Foreign preference security concerns are mitigated. Eligibility for access to classified information is granted.


Mental; Security Violations; Foreign Influence

09/16/2009

Applicant is a 50-year-old employee of a federal contractor. The security violations and foreign influence concerns are resolved in Applicant's favor. For the psychological conditions, it is undisputed that Applicant suffers from bipolar disorder, and he has been under the care of a psychiatrist since 2005. Applicant did not meet his burden to present sufficient evidence to explain, extenuate, or mitigate the security concerns raised by his bipolar disorder. Clearance is denied.


Financial; Alcohol; Criminal

09/15/2009

The Applicant has paid off all but one of his financial obligations, and he has a payment arrangement with that one. His alcohol-related incidents do not show a pattern, and they will not be repeated. Sufficient rehabilitation has been shown. Clearance is granted.


Financial

09/15/2009

The Applicant has not yet made a serious attempt to pay any of his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

09/14/2009

Applicant failed to mitigate the government's financial considerations security concern. Clearance is denied.


Financial; Personal Conduct

09/14/2009

Applicant accumulated numerous delinquent debts while he was unemployed. At the hearing, he presented evidence that all delinquent debts were resolved. When he applied for a federal job in December 1999, he answered "no" to all drug use questions. During an interview in July 2000, he admitted using marijuana in 1979 but denied any other drug use. On the same day as the interview, he submitted a urine sample that tested positive for cocaine. Security concerns based on financial considerations are mitigated, but the personal conduct concerns are not mitigated. Clearance is denied.


Financial

09/14/2009

Applicant had delinquent debt prior to leaving active duty with the Army. He paid four of the seven debts in full. He has payment plans in place for the other delinquent debts, and is current with his payments under the payment plans. He mitigated security concerns based on his finances. Clearance is granted.


Criminal Conduct

09/14/2009

Applicant committed a series of domestic violence offenses between 1994 and 2007, and Negligent Driving with a blood alcohol level over the legal limit in 2002. He remains on probation for his most recent domestic violence conviction. Security concerns were insufficiently mitigated. Eligibility for access to classified information is denied.


Drugs

09/14/2009

Applicant used marijuana for many years, even while working for his current employer. Additionally, he exhibited a lack of candor regarding the recency of his drug involvement to the Vice President of his company, he has a history of abstaining from marijuana usage for periods of time and subsequently reusing the drug, and his statement of his unwillingness to use marijuana again was less than unequivocal. Mitigation has not been shown. Clearance is denied.


Criminal Conduct; Alcohol

09/14/2009

Applicant was convicted of Driving Under the Influence (DUI) in 2000, 2001, 2004, and 2006. He was convicted of driving while his license was suspended in 2006 and 2007. He is on probation until 2011. Security concerns were insufficiently mitigated. Eligibility for access to classified information is denied.


Foreign influence

09/14/2009

Applicant's close family ties to his missionary parents residing in Hong Kong raise security concerns. These ties consist of maintaining close and frequent contact with his parents by frequent telephone and e-mail communication as well as a recent visit to Hong Kong in December 2006. All of Applicant's immediate family members are U.S. citizens, whose lives and interests are clearly vested in the U.S. Applicant has mitigated security concerns when applying the whole person concept. Clearance is granted.


Financial; Personal Conduct

09/14/2009

Applicant incurred significant credit card debt when he lost his job in 2004 and his son was born. Although he currently pays several large bills each month, his present salary does not provide him with sufficient income to resolve many of the debts listed in the SOR. He intentionally falsified his answers regarding his finances when he completed his security clearance application. He has not mitigated the government's security concerns under Guidelines F and E. Clearance is denied.


Financial

09/11/2009

Applicant mitigated security concerns under Guideline F, Financial Considerations. Clearance is granted.


Sexual Behavior, Criminal Conduct, and Personal Conduct

09/11/2009

In 2005, when he was 19, Applicant entered his friend's yard, climbed the roof of the house, and viewed his friend's minor sister in her bedroom. He was arrested, pled guilty, and served two years probation. He was also required to attend treatment, and to renew his registration on the state sex offender registry annually. His continuing contention that he was playing a prank on his friend, and not viewing the minor female, shows a lack of remorse and rehabilitation, and raises doubts as to his judgment and trustworthiness. Clearance is denied.


Financial

09/11/2009

Applicant is a 31-year-old employee of a federal contractor. The record shows he has a history of financial problems or difficulties that are ongoing and unresolved. The record does not contain sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied.


Guideline F

09/11/2009

Applicant has not made a claim of harmful error. Adverse decision affirmed


Guideline F

09/11/2009

The record contains without explanation a document entitled "Person Summary" the contents which present the possibility of a subject matter jurisdictional question. Adverse decision remanded.


Foreign Influence, Personal Conduct, Alcohol Consumption, Drugs,

09/11/2009

Applicant is 36 years old. He has a casual friend, with whom he has infrequent contact, who is a citizen of Colombia. He has a long history of alcohol and drug abuse. He has abstained from alcohol use since 2006 and drugs since 2007. Applicant also has a long history of criminal conduct and rules violations. He intentionally omitted relevant information on his security clearance application. He mitigated the security concerns raised under the guidelines for Foreign Influence and Alcohol Consumption. He failed to mitigate the security concerns under the guidelines for Personal Conduct, Drug Involvement, and Criminal Conduct. Clearance is denied.


Guideline F

09/11/2009

Applicant's argument on appeal is not sufficient to demonstrate that the Judge weighed the evidence in a manner that is arbitrary capricious or contrary to law. Adverse decision affirmed.


Drugs; Personal Conduct

09/11/2009

Applicant used marijuana on several occasions between 1995 to September 2007. He used marijuana after being granted a security clearance in November 2001. He continued to use marijuana after twice expressing his intentions to refrain from marijuana use. Drug involvement and personal conduct concerns are not mitigated based on his history of marijuana use and his disregard for DoD and workplace rules pertaining to illegal drug use. Questions remain about Applicant's trustworthiness, reliability, and good judgment. Clearance is denied.


Financial

09/11/2009

Applicant is responsible for approximately $110,000 in delinquent debt, which she acquired in the late 1990s and early 2000s. She has failed to address the majority of her debts. Applicant's failure to mitigate her financial delinquencies raises security concerns. Clearance is denied.


Financial

09/10/2009

Applicant's available information is not sufficient to mitigate the security concerns arising from financial considerations. Eligibility for access to classified information is denied.


Financial

09/10/2009

The Statement of Reasons alleges delinquent debts amounting to more than $600,000, which started accruing in 2007. Applicant divorced in 2005, and engaged in a three-year series of legal battles about custody and child support. He was required to pay alimony, child support, and his family's living expenses. He could not sell his home to pay his debts because of the collapse of the housing market. His home was foreclosed but later sold for more than he owed on his mortgage. Although he does not owe the balance of his mortgage, his current outstanding debt remains at more than $90,000. Applicant provided evidence that he paid one debt and is paying on two others. However, he has not contacted the remaining creditors, or made an effort to establish payment plans to resolve these substantial delinquencies. Applicant's lack of effort to resolve his debts raises questions about his trustworthiness and good judgment. Clearance is denied.


Financial

09/10/2009

Between 1999 and July 2008, Applicant used marijuana intermittently (between 20 and 30 times altogether) in social situations in high school and after college. He no longer associates with his old friends from college who often passed marijuana around to him in parties and other social gatherings. Applicant has demonstrated an intent not to resume marijuana use in the future and has shown increased understanding of DoD policies against illegal drug use. Still, his demonstrated discontinuance lacks durable seasoning, and he has yet to sever all ties and connections with persons who use marijuana. Recurrence risks cannot be safely discounted at this time, and Applicant does not mitigate security risks associated with his past marijuana use. Clearance is denied.


Financial

09/10/2009

Applicant acquired at least 16 delinquent debts totaling $55,582. His financial irresponsibility spanned an eight-year period beginning in 2001 until 2009. In 2009, he was awarded a Chapter 7 bankruptcy discharge of his unsecured debts. Further time is needed for Applicant to establish a track record of financial responsibility. Furthermore, he falsified his 2007 e-QIP by failing to disclose his past delinquent debts and judgments. Clearance is denied.


Guideline F

09/09/2009

Applicant did not allege that the Judge committed harmful error. Rather, he submitted new evidence, which the Board cannot consider. Furthermore, the adverse impact of an unfavorable decision is not relevant to evaluating his security clearance eligibility. Adverse decision affirmed.


Drugs

09/09/2009

Applicant smoked marijuana about five to six times yearly from December 31, 2005, to December 31, 2007. He also took the prescription drug Vicodin at least once in 2006 when it had not been prescribed for him. Applicant has not abused any drugs since he started working for a defense contractor, and he intends no future involvement. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct; Financial

09/09/2009

Applicant used an illegal drug while holding a security clearance. He mitigated security concerns related to criminal conduct and financial considerations. He failed to mitigate security concerns related to his drug use and personal conduct. Clearance is denied.


Criminal Conduct

09/09/2009

Applicant's 2003 firearms-related assault charge was isolated and occurred under unusual circumstances that are not likely to recur. A 2005 Army CID investigation of his conduct related to the handling and transfer of ordinance in connection with his work on a government contract did not show he had engaged in criminal conduct. Clearance is granted.


Guideline F

09/09/2009

Applicant failed to demonstrate that she was denied the due process afforded by the Directive. Though not represented by an attorney, she had a personal representative who assisted her in presenting her case at the hearing. A Judge is presumed to have considered all the evidence in the record. Adverse decision affirmed.


Financial

09/08/2009

Applicant is 29 years old. In the past five years he has used poor judgment which resulted in financial problems. He defaulted on mortgages for two houses he purchased within a short period of time. He defaulted on a car loan he co-signed for his sister, who had a history or irresponsible financial behavior. He has two equity loans on which he is paying a reduced amount in settlement. In addition, he has a credit card with a significant delinquent balance. Applicant has developed a pattern of poor financial decisions. Without a consistent record of responsible behavior, it is too early to conclude Applicant's financial problems are under control. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial

09/08/2009

Applicant's fiancee mismanaged household finances between 2002 and 2003, which resulted in significant financial delinquencies on all house hold bills. Applicant resumed control of the household finances in late 2003. His fiancee became ill and cannot work. In the last six years, he has worked to resolve his indebtedness along with paying her medical bills as she does not have medical insurance. While he has not resolved all his past debts, he has a six-year track record for resolving past debts, one at a time. He lives within his financial means. He has mitigated the government's security concerns under guideline F. Clearance is granted.


Financial

09/08/2009

Applicant owed eight debts, which were past due, placed-for-collection, or charged off. These delinquent debts totaled approximately $37,500, of which $24,500 consisted of past due mortgage payments. Applicant paid or is paying all of the debts except for her mortgage. She is working closely with the mortgage company's home retention team. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Foreign Influence

09/08/2009

Applicant is a 48-year-old employee of a federal contractor. Foreign influence security concerns are raised by Applicant's family ties or connections to China, and those ties create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial; Personal Conduct

09/08/2009

Applicant failed to mitigate the trustworthiness concerns arising from financial considerations and personal conduct. Moreover, she falsified her public trust position application. Applicant's eligibility to occupy an ADP I/II/III position is denied.


Personal Conduct; Criminal Conduct

09/08/2009

Applicant is a 40-year-old employee of a defense contractor. She was arrested for harboring a felon in May 2007. She provided false information about the events surrounding her arrest on four occasions. She has two unpaid judgments related to landlord-tenant disputes. She failed to mitigate the security concerns raised by her personal and criminal conduct. Clearance is denied.


Financial

09/04/2009

Applicant is 43 years old and retired from the Navy in 2005. Prior to retiring he went through a divorce and assumed the marital debts. After he retired he was unemployed for a few months and then was underemployed. Once he obtained a better paying job he set up payment plans to resolve his delinquent debts. He has been making consistent payments. He disputed 19 debts on the SOR as belonging to another person with the same name. Applicant has mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Financial

09/04/2009

Applicant is 36 years old and employed as an Office Manager by a defense contractor. He is indebted to at least twenty different creditors totaling approximately $25,000.00. He has just begun the process of addressing his indebtedness. Sufficient financial rehabilitation has not yet been shown. Clearance is denied.


Financial; Personal Conduct

09/04/2009

The Applicant has paid off many of his financial obligations, and shown that they shall not be repeated. He did not intentionally falsify a security clearance application. Sufficient rehabilitation has been shown. Clearance is granted.


Foreign Influence

09/04/2009

Applicant is 48 years old and became a naturalized U.S. citizen in 2006. His wife, daughter, mother and parents-in-law are citizens and residents of Sri Lanka. He provides his mother and daughter financial support and visits them annually. He has telephonic contact with his daughter monthly. Applicant has no relatives in the U.S. Applicant has failed to mitigate the security concerns under Guideline B, Foreign Influence. Clearance is denied.


Financial

09/02/2009

Applicant is a 37-year-old employee of a federal contractor. Her history of financial problems or difficulties, and her failure to address them, make her an unsuitable candidate for access to classified information. She did not present sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial

09/01/2009

The Applicant has made a serious attempt to pay off his past due indebtedness. His current financial situation is stable. Sufficient rehabilitation has been shown. Clearance is granted.


Financial

09/01/2009

The Applicant has settled his past due indebtedness in an appropriate manner by filing bankruptcy. Sufficient mitigation has been shown. Clearance is granted.


Foreign Influence

08/31/2009

Applicant was born in India and came to the U.S. as a student in 1985. In 2003, Applicant became a naturalized U.S. citizen and in 2006, his wife became a naturalized U.S. citizen. Applicant's brother, a citizen and resident of India, is a deputy commander of an artillery brigade in the Indian Army. Applicant has rebutted or mitigated the government's security concerns under foreign influence. Clearance is granted. CASE NO: 09-03552.h1


Financial

08/31/2009

Even though Applicant has paid 10 of 20 creditors listed in the Statement of Reasons, she provided no updated information regarding her debt consolidation plan she entered in March 2009. The absence of additional evidence under the plan, and the lack of medical records explaining why she could pay her debts regularly, Applicant has not met her ultimate burden of persuasion under the financial guideline. Eligibility for access to classified information is denied.


Financial

08/31/2009

Applicant's statement of reasons (SOR) lists 24 debts totaling about $35,946. He did not make sufficient progress resolving his delinquent debts. Applicant failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Drugs

08/31/2009

Applicant used illegal drugs starting in April 2007. Her last use of marijuana was in January 2009. Not enough time has passed for Applicant to have rebutted or mitigated the government's security concerns under drug involvement. This is not to say that with additional time without further drug use, she would not qualify for a clearance. However, that time has not yet arrived. Clearance is denied.


Financial

08/31/2009

Applicant owes delinquent debt totaling about $14,000. While he was on active duty in the U.S. military in 2003, he was punished under Article 15 for unauthorized use of a government credit card. In November 2002, he forged and negotiated personal checks totaling $5,350 from a fellow service member. In June 2004, he was convicted by a civilian court of depositing insufficient funds checks. His efforts to address his delinquent debt are not enough to overcome the concerns for his financial judgment. Clearance is denied.


Financial

08/31/2009

Applicant has eight delinquent accounts totaling about $17,829. He failed to provide corroboration supporting his claims that most of the debts are resolved. In addition, he did not provide information about the status of a $34,117 delinquent student loan account that was placed for collection. He did not meet his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Foreign Influence

08/31/2009

Applicant, a naturalized United States citizen originally from the People's Republic of China (PRC), failed to mitigate the foreign influence concerns generated by her close relationship with two of her family members who are PRC citizens and residents. Clearance is denied.


Financial

08/31/2009

Applicant is a 52-year-old lead repair and refurbishment technician who has worked for the same defense contractor since 2006. Having sought bankruptcy protection in 1995, he again found himself in financial difficulty after being unemployed for nearly a year and after the death of his son. Applicant showed he was successfully discharged from bankruptcy, had negotiated a settlement with his largest creditor, was current on his mortgage, and has paid one of his minor creditors. While copies of checks sent to his remaining creditors do not establish actual payment, they help corroborate Applicant's express desire to satisfy his debts. Financial considerations security concerns are mitigated. Clearance is granted.


Financial; Personal Conduct

08/31/2009

Applicant has a history of financial delinquencies, mostly attributable to her husband's business failures. Both she and her husband petitioned for Chapter 7 bankruptcy relief in 1992 to resolve their significant accumulation of debts, some business- related and some personal debts. Their unsecured debts were discharged the same year. Since their discharge, they have accumulated additional debts (including two judgments) that have not been resolved to date. Without any established payment efforts or payment plan in place to address their debt delinquencies, Applicant does not have enough favorable evidence of restored judgment and financial stability to facilitate safe predictions against recurrence. She does not mitigate the Government's financial concerns. Security concerns over her deliberate omissions of her outstanding judgments and debt delinquencies are not mitigated either and remain sources of concerns over her judgment, reliability, and trustworthiness. Clearance is denied.


Financial

08/31/2009

The government alleged Applicant incurred eight debts totaling $44,803. Her indebtedness began in the Army as a result of being overpaid, and two periods of unemployment following her discharge from the Army. Applicant has paid or otherwise resolved all debts alleged. Applicant has sought financial counseling and established a credible budget. Also taken into account were the positive comments of her supervisor, performance evaluations, and the whole person concept. Clearance is granted.


Foreign Influence

08/31/2009

In 1978, Applicant immigrated to the United States from Taiwan. He became a U.S. citizen in 1986. His wife was born in China as was his son. They are now naturalized U.S. citizens. He has a brother, who lives part-time in Taiwan and part-time in the United States. His wife's parents are citizens and residents of China. He has contact with his brother and mother-in-law. He has traveled to Taiwan several times in the past and may travel there in the future. In 2007, he stayed with his brother in Taiwan and visited his in-laws in China. Applicant failed to prove that he would resolve any conflict of interest in favor of U.S. interests. Foreign influence security concerns are not mitigated.


Financial

08/31/2009

Since December 1991, Applicant has accumulated 33 debts totaling approximately $37,000 over the last seven years. Irregular employment, a divorce, inability to maintain insurance has complicated Applicant's financial problems. However, since August 2008, he has had consistent employment and could have paid some of the smaller debts to back up his repeated statements that he would pay his debts. The absence of evidence showing payment of any of the listed accounts warrants a finding against Applicant under the financial guideline. His deliberate omission of his overdue debt has not been mitigated either. Eligibility for access to classified information is denied.


Drugs; Personal Conduct; Criminal Conduct

08/31/2009

Applicant used marijuana and other illegal drugs for many years. 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

08/31/2009

Applicant has 14 delinquent accounts, an approximate total of $93,097. He accepts responsibility for one debt, a judgment. Applicant disputes the remaining accounts because he claims they are more than seven years old and should be removed from his credit report. While several periods of unemployment and sporadic employment contributed to Applicant's financial problems, he neglected his delinquent accounts when he was employed full-time. Passively waiting for debts to be removed from one's credit report is not a good-faith effort to resolve one's debts. Applicant has not met his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

08/31/2009

The Applicant is a 40 year old Army Veteran, who receives 40% disability from the Veterans Administration. As a result of his disability, he was unemployed for eight years from 2001~2008; and as a result, has experienced financial difficulties. He has filed for the protection of a Chapter 7 Bankruptcy, and his Bankruptcy Attorney avers that his debts will soon be discharged. Clearance is granted.


Financial

08/31/2009

Applicant accrued more than $47,000 in delinquent debt and her mortgage was foreclosed. She successfully challenged one debt as invalid, but presented no information showing she has tried to resolve her other debts or that she will be able to resolve them in the foreseeable future. Clearance is denied.


Personal Conduct

08/31/2009

Applicant engaged in questionable conduct and judgment, and failed to comply with security rules and regulations that raise questions about his reliability, trustworthiness, and ability to protect classified information. Applicant was told by his company's security officials to cease his contact with a foreign national and to stop sending her money. He would comply for a period of time and then contact would resume and additional funds would be sent. Applicant currently sees the woman three times a week and provides her approximately $2,700 per month in support. Applicant has failed to rebut or mitigate the government's personal conduct security concerns. Clearance is denied.


Financial

08/31/2009

Applicant's financial difficulties, and his failure to address them in a timely and effective manner, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial; Personal Conduct

08/31/2009

Applicant was terminated by a former employer for sexual harassment, and he accumulated numerous delinquent debts while unemployed. He falsely stated the reason for his termination on his security clearance application. He failed to disclose other unfavorable personnel actions in response to DOHA interrogatories and during an interview with a security investigator. Before receiving the Statement of Reasons, he filed a petition for Chapter 13 bankruptcy, and he has made three monthly payments to the bankruptcy trustee. Security concerns based on financial considerations are mitigated, but the security concerns raised by his personal conduct are not mitigated. Clearance is denied.


Financial

08/31/2009

Applicant's statement of reasons (SOR) lists 24 debts totaling about $706,000. He received releases from liability for most of his delinquent mortgage debts. He paid six non-mortgage debts. One non-mortgage debt is in a payment plan. However, six large delinquent mortgage debts totaling about $262,592 are unresolved. Applicant failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Foreign Influence

08/31/2009

Applicant, who was born and raised in Pakistan, works for a defense contractor. He is a U.S. citizen and resident. His wife and children reside in the U.S. and are U.S. citizens. His parents and siblings are U.S. residents and all are U.S. citizens, except his mother. Two uncles are citizens of and residents in Pakistan. His contacts with these relatives are limited. His wife's three brothers and four sisters are citizens of and residents in Pakistan. They have been granted permission to immigrate to the U.S., but are not yet in the U.S. His wife's family members live several hundred miles from the Pakistan and Afghanistan border. They have not been subjected to threats of terrorism or actual harm from terrorists activities. He has mitigated the government's security concerns about his foreign influence. Eligibility for a security clearance is granted.


Financial

08/31/2009

Applicant has a history of financial irresponsibility that dates back to at least 1994. He received a General Discharge Under Honorable Conditions from the Army in September 1995, based, in part, on his either neglecting or mishandling his financial affairs after having been repeatedly counseled about them. He obtained a Chapter 7 bankruptcy discharge in September 2002. Since obtaining the bankruptcy discharge, Applicant has accumulated over $17,000 in delinquent debt that has been submitted for collection or charged off as bad debt and which remains unsatisfied. Clearance is denied.


Financial

08/31/2009

Applicant is a 58-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Financial

08/31/2009

The Statement of Reasons alleges 37 delinquent debts amounting to more than $30,000, which started accruing approximately seven years ago. Applicant has four children, several medical debts, and does not receive child support. She filed a Chapter 7 bankruptcy in 2002, which was discharged. Her current debts have accumulated since that time. Applicant provided evidence that she paid two debts and is paying on another. However, more than 30 debts remain unpaid, and in most cases, Applicant has not contacted the creditors, or made an effort to establish payment plans. Applicant also pleaded guilty to a charge of credit card fraud, for which she was sentenced to probation and performed community service. She applied for unemployment compensation after voluntarily leaving a job. It was determined that she was not entitled to the compensation, and she is now required to repay it. Security concerns remain as to Applicant's unpaid debts and her trustworthiness. Clearance is denied.


Personal Conduct

08/31/2009

Following his honorable discharge from the Army, Applicant worked in seven jobs in private industry or as a civilian federal employer between August 2002 and January 2006. Three employers terminated him from his positions. He has worked for his current employer for more than three and one-half years. The government failed to establish five allegations of intentional falsification. Applicant mitigated the remaining allegations of falsification and the government's security concerns under Guideline E. Clearance is granted.


Financial

08/28/2009

Applicant has provided no evidence of her intentions to resolve her financial problems. Her negligence claim for omitting all her delinquent accounts from her security application in October 2008 is not credible. She has not mitigated the financial and personal conduct guidelines. Eligibility for access to classified information is denied.


Financial

08/28/2009

Applicant is financially overextended 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

08/28/2009

Applicant accumulated a significant amount of delinquent debt beginning in 2003 as a result of a divorce, unemployment, underemployment, and family responsibilities. In 2004, he began addressing some of the debt. He has paid a substantial amount of it and is on repayment plans for the remaining $11,000. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Alcohol

08/28/2009

Applicant failed to mitigate the government's security concern regarding his alcohol consumption. Clearance is denied.


Financial; Personal Conduct

08/28/2009

Applicant failed to mitigate the government's security concerns regarding his troubled finances and questionable personal conduct. Clearance is denied.


Alcohol, Personal Conduct

08/28/2009

From 2005 to 2008, Applicant was involved in four alcohol-related incidents. He failed to comply with two court orders. He continues to consume alcohol. Applicant failed to mitigate security concerns arising from alcohol consumption and personal conduct. Eligibility for access to classified information is denied.


Financial

08/28/2009

Applicant's work performance for a government contractor and his efforts to resolve his financial problems show reliability, judgment, and willingness to comply with rules and regulations. He paid the debt alleged in the SOR. Moreover, he has established a viable plan to pay his legal obligations and is taking significant actions to implement his plan. He mitigated the financial considerations security concerns. Eligibility for access to classified information is granted.


Drugs

08/28/2009

Applicant failed to mitigate the security concerns arising from her drug involvement. Eligibility for access to classified information is denied.


Criminal Conduct; Personal Conduct

08/28/2009

Applicant has a history of domestic violence with his wife and his daughter. When he submitted his security clearance application, he did not disclose that he was pending trial for charges of criminal property damage and disorderly conduct. Clearance is denied.


Foreign Influence

08/28/2009

Applicant left his native Afghanistan and came to the United States in 1980. Since then, he married a U.S. citizen, managed his own business, and has two children who were born in the United States. He became a U.S. citizen in 1985. In 2005, he returned to Afghanistan, as a translator with the U.S. Army where he has made significant contributions. His sister is a citizen and resident of Afghanistan, along with her family. His step-sister is a citizen of Afghanistan and resident of Pakistan. He mitigated the foreign influence concerns raised by his two siblings, residing in Afghanistan and Pakistan. Clearance is granted.


Criminal Conduct

08/28/2009

Applicant is a 44-year-old employee of a defense contractor. He was involved in six documented domestic violence incidents over the course of almost 20 years, most recently in September 2007. He failed to mitigate the security concerns raised by his criminal conduct. Clearance is denied.


Financial

08/27/2009

Applicant accumulated eight delinquent debts totaling about $33,908. One debt was paid by an offset from his state tax refund. After receiving the Statement of Reasons, he paid one debt and included two others in a debt consolidation program. Four debts are unresolved. Clearance is denied.


Foreign Influence

08/27/2009

Applicant's immediate family members are now all in the U.S., but his friends and extended family members in Pakistan, together with frequent and extended visits there by him and his mother, support foreign influence security concerns that were not mitigated. Eligibility for access to classified information is denied.


Financial; Personal Conduct; Criminal Conduct

08/27/2009

Applicant is a 44-year-old employee of a defense contractor. He intentionally falsified his Questionnaire for National Security Positions in 2006, when he did not divulge his marijuana use, his Article 15 punishment in the Army for smoking marijuana, and his arrest in 2000. He failed to mitigate the security concerns raised by his personal conduct, criminal conduct, and financial issues. Clearance is denied.


Foreign Influence; Outside Activities

08/27/2009

Applicant is a 49-year-old entrepreneur and self-employed business consultant. He had connections to China via his involvement with a company doing business in China. These circumstances raised security concerns under the guidelines for foreign preference and outside activities. Applicant mitigated the security concerns by resigning from the company, terminating his interests in the company, and pledging not to travel to China, Hong Kong, and Taiwan. Clearance is granted.


Financial

08/26/2009

Applicant has had a history of overdue debts, the majority of which have been resolved. He also has a good plan in place to resolve the last two overdue debts, and he is current on all of his recent debts. Mitigation has been shown. Clearance is granted.


Financial

08/26/2009

Applicant is 44 years old and works for a defense contractor. He has 14 delinquent debts listed in the SOR, totaling $58,737. Applicant mitigated all but five of the delinquent debts by payment, settlement, or installment payment arrangements. He could not resolve five debts totaling $1,876 because the creditors had no record of the debt. Applicant works in a foreign country and is impeded in his attempts to resolve the remaining debts at present. Clearance is granted.


Financial

08/26/2009

The Statement of Reasons alleges five delinquent debts totaling approximately $55,000. He suffered a financial setback when his business failed in 2004, and he had several years of underemployment. However, since obtaining a full- time position and earning a steady and substantial salary in the past year and a half, Applicant has not established payment plans or paid any of the debts. Applicant intends to pay the debts in the future, but promises of future action without a track record of meeting established payment plans are insufficient to demonstrate good-faith efforts. His request for access to classified information is denied.


Criminal Conduct; Personal Conduct

08/26/2009

In 2006, Applicant agreed to accept an administrative discharge from the U.S. Navy under other than honorable conditions rather than face a court-martial, after an investigator confiscated several marijuana plants from his home on base housing. Applicant mitigated the criminal conduct security concern generated by this incident, but failed to mitigated the personal conduct security concern. Clearance is denied.


Financial

08/25/2009

Since March 2008, Applicant has failed to make her mortgage payments. She purchased a second home without first selling her home. She has been unable to sell either of the homes. Applicant owes approximately $650,000 on her second home. She has taken reasonable steps to find a purchaser for both homes. She actively pursued alternatives with the mortgage holder including the possibility of a short sale and a deed in lieu of foreclosure. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Financial

08/25/2009

Applicant has had a history of financial difficulties. She has not yet resolved any of her overdue debts, and the evidence has not established that her financial situation is stable and current. Mitigation has not been shown. Clearance is denied.


Financial

08/25/2009

Applicant had 13 debts that totaled in excess of $24,000. Payments on his mortgage were also $17,000 delinquent. He paid two debts totaling $750 and included another debt in a repayment plan. Applicant failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Personal Conduct

08/25/2009

The Government did not establish that Applicant's alleged conduct occurred or created a security concern. Mitigation has been shown. Clearance is granted.


Personal Conduct

08/25/2009

Applicant supplied incomplete information to the Government on a Security Clearance Application. However, it was not done deliberately or wilfully. Mitigation has been shown. Clearance is granted.


Financial

08/24/2009

Applicant accumulated ten delinquent debts totaling about $31,899 after her spouse's income was reduced in early 2008 due to lack of work and her income was reduced during maternity leave. She paid six medical bills and a credit card debt totaling about $1,190. A car repossession deficiency of about $4,697 is being collected by garnishment of her pay. She owes about $24,912 in past due home mortgage payments and has been unable to resolve the delinquency. Clearance is denied.


Foreign Preference

08/24/2009

Applicant was born in Italy. Her father was a U.S. citizen serving in the U.S. Air Force, and her mother was an Italian citizen. She and her mother remained in Italy after her father returned to the U.S., to enable her to finish elementary school. She and her mother came to the U.S. in 1995, when she was ten years old. Her mother registered her in the Italian Registry of Citizens Living Abroad. In 1999, her mother obtained an Italian passport for her, which has since expired and has not been renewed. She obtained a U.S. passport in September 2007 and used it to visit relatives in Italy in July 2009. In October 2008, she gave answers to a security investigator regarding her allegiance that raised security concerns, but she explained them at the hearing. Clearance is granted.


Financial

08/24/2009

Applicant's efforts to resolve her financial problems before receipt of the SOR show reliability, judgment, and willingness to comply with rules and regulations. She now has a stable job. Applicant has learned from her past mistakes and, in the future, will be able to live within her financial means. She mitigated the financial considerations security concerns. Eligibility for access to classified information is granted.


Financial

08/24/2009

Applicant has 37 delinquent accounts, an approximate total of $25,328. He also owes the Internal Revenue Service $17,000 for income earned during tax year 2003. He paid several accounts but the majority of the accounts remain unresolved. He has not met his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

08/24/2009

Applicant is 53 years old. He had credit card debts discharged in bankruptcy in 2001. He overextended his finances when he purchased two rental properties and again used credit cards to finance repairs. Both properties were foreclosed. He has a debt elimination plan for some debts, but does not have a firm grasp on his numerous credit card debts and loans. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial

08/24/2009

Applicant failed to mitigate the government's financial considerations security concern. Clearance is denied.


Alcohol; Criminal Conduct

08/24/2009

Applicant is a 48-year-old employee of a federal contractor. He has a history of excessive alcohol consumption that resulted in two alcohol-related incidents. The first was a citation for drinking in public in 1999. The second was an arrest for driving under the influence of alcohol (DUI) in April 2008. The record contains substantial evidence of reform and rehabilitation such as: (1) Applicant has abstained from alcohol for the last 15 months; (2) he has not received a diagnosis of alcohol abuse, alcohol dependence, or alcoholism, and he has not been required to obtain counseling or treatment; and (3) his most recent alcohol-related incident, the April 2008 DUI, was resolved in February 2009, when he entered a year-long pretrial diversion program and prosecution was deferred. Taken together, these circumstances mitigate the security concerns. Clearance is granted.


Financial

08/24/2009

The Applicant has made a serious attempt to pay off, or otherwise settle, his past due indebtedness. Sufficient rehabilitation has been shown. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

08/24/2009

In 2006, the police arrested and charged Applicant with DUI. After a trial, the court found him guilty and sentenced him. Applicant appealed the court's decision, but withdrew his appeal in March 2009. He is currently on probation. Applicant intentionally falsified his answer on his SF-86 regarding his DUI arrest and conviction. He developed a payment plan for his education loan and is in compliance with his payment plan. Applicant has mitigated the government's security concerns regarding his finances, but he has not mitigated the government's security concerns regarding his personal conduct and his criminal conduct. Clearance is denied.


Financial; Personal Conduct

08/24/2009

Applicant has had a history of financial difficulties, but she has attempted to resolve the majority of her overdue debts through payment, dispute or bankruptcy. She did not attempt to mislead the Government in statements that she made in a SCA. Mitigation has been shown. Clearance is granted.


Financial

08/24/2009

Applicant has accumulated seven separate debts totaling $314,753. Her husband experienced two and one-half years of cumulative unemployment since 2005, and Applicant experienced a one-month loss of work due to an injury. In February 2008, she paid $400 towards the $2,349 required to file bankruptcy. However, in the 16 months that elapsed before her hearing, she has been unable to pay the remainder of her legal fees. Consequently, she has not been able to complete the bankruptcy process and establish a track record of financial responsibility. Her indebtedness remains outstanding. Eligibility for a public trust position is denied.


Alcohol, Personal Conduct

08/24/2009


Guideline F; Guideline B

08/24/2009

Although Applicant’ financial problems were related to his wife’s gambling habit, which was not within his control, he failed to demonstrate that his response to his debts was reasonable. Adverse decision affirmed. CASE NO: 07-10841.a1


Information Technology; Personal Conduct

08/24/2009

Applicant resigned from federal civilian employment in February 2005 following a history of inappropriate access of pornographic images using his government computer. He shows little remorse and has not been completely candid about his misconduct. Clearance is denied.


Guideline J; Guideline H; Guideline E

08/24/2009

Judge’s discussion of inconsistent statements by Applicant was not a due process violation. Applicant failed to demonstrate bias by the Judge merely by showing that the Judge and Department Counsel had lunch together. Adverse decision affirmed. CASE NO: 07-00966.a1


Financial

08/21/2009

The Applicant has made a serious attempt to pay off his past due indebtedness. Sufficient rehabilitation has been shown. Clearance is granted.


Financial

08/21/2009

Applicant’s financial difficulties arose due to unforeseen circumstances and other factors beyond her control. Many of the debts listed in her credit history were either not hers or were the responsibility of her ex-husband. She has paid or resolved many of the debts and successfully disputed others by showing they were not hers. Her current finances are sound and it is unlikely the circumstances that caused her financial problems will recur or that financial matters will cause her to act contrary to the national interest. Available information is sufficient to mitigate the security concerns about her finances. Clearance is granted.


Financial

08/21/2009

Applicant is financially overextended and does not have the means to overcome his financial problems. He failed to mitigate the financial considerations security concerns. Eligibility for access to classified information is denied.


Financial

08/20/2009

Applicant is responsible for eleven unresolved financial delinquencies totaling approximately $18,988. 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.


Financial

08/19/2009

The Statement of Reasons alleges 34 delinquent debts totaling $27,300. Applicant claims to have paid several debts, and to have two payment plans in place, but did not provide adequate documentation to support her claim. Applicant intends to pay the debts in the future, but a promise of future action is insufficient to demonstrate good-faith efforts, unless supported by a track record of payments. Applicant's request for access to classified information is denied.


Financial

08/19/2009

Circumstances beyond Applicant's control contributed to the foreclosure of a home which had two mortgages. Applicant and her husband pursued other alternatives before allowing the home to be foreclosed. Aside from the foreclosure, they are current on all of their other financial obligations. Applicant mitigated the concerns raised under financial considerations. Clearance is granted.


Financial

08/19/2009

Applicant is a 41-year-old employee of a federal contractor. He has a history of financial problems, which he has just begun to address through a June 2009 bankruptcy case with more than $100,000 in debts. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems, which are ongoing and unresolved. Clearance is denied.


Financial

08/19/2009

Applicant's financial difficulties arose due to unforeseen circumstances and other factors beyond his control. He has paid or resolved many of the debts and has successfully disputed others by showing they were not his. His remaining debts are being paid through a debt management plan and his current finances are sound. It is unlikely the circumstances that caused his financial problems will recur or that financial matters will cause him to act contrary to the national interest. Available information is sufficient to mitigate the security concerns about his finances. Clearance is granted.


Drugs; Personal Conduct

08/19/2009

Applicant self-disclosed a history of drug use primarily limited to the early part of his life. He also self-disclosed his failure to register for the Selective Service at age 18. At age 45, he has shown that he has matured significantly, and no longer engages in or has the desire to misuse drugs. The responsibilities of being the father of a two- year-old daughter have also weighed heavily in his choice to avoid future drug use. He has fully disclosed all matters giving rise to security concerns to his employer and government officials. Based on evidence presented and taking into account the whole person concept, Applicant has mitigated security concerns pertaining to drug involvement and personal conduct. Clearance is granted.


Guideline F

08/19/2009

The Judge’s material findings are based on substantial evidence or constitute reasonable characterizations or inferences that could be drawn from the record. Adverse decision affirmed.


Drugs

08/19/2009

Applicant is 24 years old. He used illegal drugs from 2001 to 2008. He purchased and sold illegal drugs in the past. He intends to continue to use marijuana in the future. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement. Clearance is denied.


Guideline F

08/19/2009

A judge is presumed to have considered all the record evidence. Applicant’s presentation was insufficient to rebut that presumption. Adverse decision affirmed.


Financial

08/19/2009

Applicant is a 43-year-old senior technician whose credit reports and personal interrogatories note 10 delinquent debts amounting to over $30,000. He admits one debt for about $1,100. He denies the remaining debts are his, stating he has disputed them. The record shows two minor accounts were disputed, but no evidence was introduced showing any of the remaining accounts were formally disputed. Applicant failed to meet his burden in refuting the allegations and mitigating financial considerations security concerns. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

08/19/2009

Applicant's falsifications of her employment history, criminal record, and financial difficulties—as well as the underlying misconduct she concealed—render her an unsuitable candidate for access to sensitive information. Eligibility for public trust position denied.


Financial

08/18/2009

Applicant owed approximately $63,000 for nine unpaid obligations. Applicant failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial; Personal Conduct

08/18/2009

Applicant has several delinquent debts on her credit record that she disputes. She owes a $1,372 small claims judgment from June 2005 that she believes may be for failure to pay restitution from a 2001 vandalism incident when she was 18. She is currently pursuing legal action to determine who stole her identity, and the delay in addressing her restitution debt is credibly explained by medical issues that have diverted her attention and negatively affected her finances. Applicant did not list any delinquent debts or the judgment on her security clearance application because she had only recently learned of them and believed they were not her debts. Clearance is granted.


Financial

08/18/2009

Applicant had two unpaid judgments and eight accounts charged off or placed for collection. The two judgments and two accounts placed for collection, which total in excess of $38,000, remain unpaid. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Drugs; Personal Conduct

08/18/2009

This 36-year-old employee has not mitigated the security concerns under the drug involvement guideline. He used marijuana while holding a security clearance. He failed a drug test given by his employer in February 2008. He did not completely disclose his drug use on his security clearance applications in 2002 and 2004. He has not mitigated the security concern under the personal conduct and drug involvement guidelines. Access to classified information is denied.


Financial

08/18/2009

Applicant incurred significant debts in recent years. He has not provided any evidence showing what he has done to resolve the debts listed in the SOR, including the development of a repayment plan. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Criminal Conduct; Alcohol; Drugs; Personal Conduct

08/18/2009

Applicant is a 55-year-old employee of a defense contractor. He has a long criminal record with four alcohol-related arrests. He intentionally falsified his Questionnaire for National Security Positions. Clearance is denied.


Financial

08/17/2009

The Statement of Reasons alleges seven delinquent debts totaling approximately $27,500. Applicant paid one small debt, but did not establish payment plans for the rest or provide documentation to support claims of contacts with creditors. Applicant intends to pay the debts in the future, but promises of future action without a track record of meeting established payment plans are insufficient to demonstrate good- faith efforts. His request for access to classified information is denied.


Financial

08/17/2009

Applicant failed to mitigate the government's financial considerations security concern. Clearance is denied.


Financial

08/17/2009

Applicant owed six charged-off, past due, or placed for collection accounts, which totaled in excess of $32,000. He has paid three of the debts and is making monthly payments on the remaining three debts. The charged off or placed for collection accounts are now current. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Financial

08/17/2009

Applicant separated from his second wife in 2003. The divorce was final in March 2006. Applicant's financial problems were aggravated as a result of the separation and divorce. Two homes went to foreclosure. The SOR alleges 12 delinquent accounts totaling $59,078. Shortly after the divorce, Applicant filed for Chapter 7 bankruptcy. The bankruptcy court dismissed the Chapter 7 because of a change in the bankruptcy laws. Applicant's income was too high to qualify for filing under Chapter 7. After the bankruptcy case was dismissed, Applicant did nothing to resolve his delinquent accounts for several years. He recently started to resolve some of the accounts. However, at the close of the record, most of the accounts remain unresolved. Applicant failed to meet his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

08/17/2009

Applicant acquired four delinquent debts totaling $57,461, and lost his home due to foreclosure. His financial problems started when his wife lost her job as a loan processor in 2006. She has been unable to find comparable employment in today's current economic climate. Their family budget and lifestyle were based on a dual income, and Applicant was unable to remain current on his house payment and bills. Applicant has since filed for chapter 13 bankruptcy and is current on his payments to the trustee. He has made significant lifestyle changes and has regained control over his finances. Clearance is granted.


Financial; Personal Conduct

08/17/2009

Applicant is a 37-year-old employee of a federal contractor with a history of financial problems, to include child-support arrears, a delinquent governmental debt, and bad checks, but he denied falsifying his answer to a question about his financial record on a security-clearance application. The record contains insufficient evidence to prove that his answer was deliberately false. His answer was negligently or recklessly incorrect, but it was not knowingly and willfully false. But the record contains insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems, which are ongoing and unresolved for the most part. Clearance is denied.


Sexual Behavior; Personal Conduct; Information Technology

08/17/2009

Applicant downloaded pornographic pictures and movies at work to a government computer. During a six month period, Applicant fondled his former girlfriend's 11-year-old daughter on four occasions. Applicant has failed to rebut or mitigate the government's security concerns under sexual behavior, personal conduct, and information technology. Clearance is denied.


Financial

08/17/2009

Applicant is a 43-year-old employee of a defense contractor. He paid two of his three delinquent debts and has a payment plan for his third debt. He has taken significant steps toward resolving his delinquent debts, and has mitigated any concerns about his finances. Clearance is granted.


Foreign Preference

08/14/2009

Applicant became a Canadian citizen in 1998 and obtained a Canadian passport in 2007. He does not intend to relinquish his citizenship or surrender his passport because of the benefits both provide him. He failed to mitigate the security concerns arising from foreign preference. Clearance is denied.


Financial

08/14/2009

Applicant's categorical denial she owes eight listed creditors more than $37,000 in delinquent debt is not supported by the record. Given her continuous employment over the last four years, combined with her financial resources, she could have initiated repayment efforts, however, she declined. Her praiseworthy character evidence does not satisfy her ultimate burden of persuasion under the financial guideline. Eligibility for access to classified information is denied.


Criminal Conduct; Personal Conduct

08/14/2009

This 58-year-old employee has not mitigated the security concerns under the criminal conduct guideline. His last incident of criminal conduct was in May 2007. He has been arrested four previous times. He intentionally omitted material information from his 2007 security clearance application concerning his arrests. He has not mitigated the security concern under the personal conduct guideline. Access to classified information is denied.


Financial; Criminal; Personal Conduct

08/13/2009

The Applicant is paying his past due indebtedness. He has mitigated his criminal history with a compelling showing of changed circumstances. His falsification was unique in nature and shall not be repeated. Sufficient rehabilitation has been shown. Clearance is granted.


Guideline F

08/13/2009

The Judge found that there was no evidence of any payment on ten out of fourteen debts listed in the SOR and that the full amount of these debts was still owing. The Judge also found that while Applicant had begun the process of resolving the overdue debts, little evidence had been offered to establish that the debts had been resolved or even reduced. The Judge concluded that the financial concerns established in the case were unmitigated. The Judge’s findings and conclusions are supported by the evidence. Adverse decision affirmed.


Financial

08/12/2009

The Statement of Reasons alleges 15 delinquent debts, resulting from several years of unemployment and underemployment. However, after attaining a full-time stable position at a substantial increase in income, Applicant began working to resolve her debts. She disputed one debt listed in her credit bureau report, and provided evidence that it was $10,000 more than she actually owed. Applicant also provided documentation showing that she paid several debts, and established payment plans for the remaining debts. Clearance is granted.


Financial

08/12/2009

Applicant is a 47-year-old employee of a federal contractor. The record shows he has a history of financial problems more than $12,000 in delinquent debts, to include student loans that went into default and are now in collection. The record does not contain sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied.


Financial, Personal Conduct

08/12/2009

The Statement of Reasons alleges approximately $34,000 in delinquent debt, which started accruing seven years ago. Applicant has not attended financial counseling, paid any debts, or established payment plans. He stated that he has taken a step toward filing for bankruptcy, and is working a second job to resolve the delinquencies. However, he provided no documentation to support either claim. Applicant's unsupported promises of future action do not demonstrate good-faith efforts to resolve financial delinquencies. He also failed to disclose any delinquent debts when he completed his security clearance application. His request for access to classified information is denied.


Financial

08/12/2009

Applicant mitigated the government's financial considerations security concern. Clearance is granted.


Financial

08/12/2009

Applicant became ill and was unable to work. He incurred debt and could not pay his mortgage. He moved to start a business, borrowing heavily from credit cards. The business failed. After the business failed, he started working for a defense contractor in Iraq but was injured on the job and returned home. He can now only work part time for the defense contractor and receives partial workman's compensation. His house was foreclosed but the proceeds were sufficient to pay the mortgages. He paid one other debt on the sale of a vehicle sufficient to pay the loan. All other debts have not been paid and Applicant has no viable plan how to pay them. He has not mitigated security concerns for financial considerations. Clearance is denied.


Guideline H; Guideline J; Guideline E

08/12/2009

The Judge properly considered the entire record in evaluating the deliberate nature of Applicant’s omissions on his security clearance application. Applicant failed to mitigate security concerns arising from his illegal steroid use and from his failure to mention that use during the security clearance investigation. Adverse decision affirmed. CASE NO: 08-07998.a1


Financial

08/12/2009

Applicant stopped paying on a credit card debt in 2006 when finances became tight because of unexpected legal and counseling costs for his younger son. He is saving funds and plans to resolve the $6,378 balance as soon as he can determine who is presently entitled to collect it. Another creditor is not holding him legally responsible for his spouse's $5,326 delinquent credit card balance, although the funds to repay it will come out of their household income. These unresolved debts are not likely to cause Applicant to engage in illegal activity. Clearance is granted.


Financial

08/12/2009

Applicant's financial irresponsibility, and his unwillingness to address his debts, make him an unsuitable candidate for access to classified information. Clearance denied.


Financial

08/12/2009

Applicant is a 37-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Financial Considerations; Personal Conduct

08/12/2009

Applicant has 10 delinquent accounts, totaling approximately $20,627 which raise concerns under financial considerations. His omission of his delinquent accounts on his security clearance application raises concerns under personal conduct. The concerns raised under financial considerations are not mitigated because Applicant has no established plan to resolve his delinquent accounts. His plan to passively wait until the debts are removed from his credit report after seven years as required by the Fair Credit Reporting Act does not demonstrate a good-faith effort to resolve his delinquent debt. He did not omit his delinquent accounts on his security clearance application with the intent to deceive. The personal conduct concern is found for Applicant. However, he failed to meet his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

08/12/2009

Applicant's recent background investigation revealed four delinquent accounts, a total approximate balance of $39,745. Financial problems were the result of Applicant's inability to sell his older home after building a new home and his oldest son's criminal behavior. The mortgage on Applicant's older home was foreclosed. The bank cancelled the debt on the second mortgage, reducing his total debt owed by half. Applicant has entered into payment agreements with the creditors of his remaining delinquent accounts. His timely payments towards these accounts for over six months indicate Applicant's financial situation has stabilized. He mitigated the security concerns raised under financial considerations. Clearance is granted.


Criminal Conduct; Drugs; Financial; Personal Conduct

08/12/2009

Applicant was convicted of five offenses spanning a 10-year period, the most recent conviction in 2007 for a drug-related felony. He falsified answers on his security clearance application by failing to disclose the full extent of his criminal history and indebtedness. He resolved his indebtedness after his hearing. Although mitigating financial considerations concerns, Applicant failed to mitigate security concerns pertaining to criminal conduct, drug involvement, and personal conduct. Clearance is denied.


Alcohol; Criminal Conduct

08/10/2009

Applicant is a 48-year-old employee of a federal contractor. He has a history of excessive alcohol consumption to include a diagnosis of alcohol dependence as well as both inpatient and outpatient treatment and two alcohol-related incidents of criminal conduct during the period 2006 2008. The record contains substantial evidence of reform and rehabilitation such as: (1) Applicant has abstained from alcohol for the last 13 months; (2) he successfully completed inpatient and outpatient programs in 2008, and he has a favorable prognosis; (3) he is actively participating in Alcoholics Anonymous; and (4) his last alcohol-related incident, the April 2008 drunk-driving charge, was resolved in February 2009, when he pleaded guilty and accepted responsibility for his misconduct. Taken together, these circumstances mitigate the security concerns. Clearance is granted.


Criminal Conduct

08/07/2009

More than five years ago, Applicant was arrested and pled guilty to two counts of injury to a child, a felony. The arrest occurred after she disciplined her stepson using a belt causing bruises to his back and buttocks area. While serious, this was the only time Applicant was arrested. Applicant carried out the punishment at the request of her husband, the child's father. Although still on probation, her probation officer is recommending her early release from probation because she has successfully complied with the terms of her probation. Her marriage has ended and she has moved on with her life by accepting a job in another state. Her current and past employers think highly of her. Applicant has demonstrated her trustworthiness and reliability. The criminal conduct concern is mitigated. Clearance is granted.


Financial

08/07/2009

Applicant is financially overextended. He is responsible for numerous unresolved financial delinquencies, and he lacks a coherent plan to resolve his debts. He failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Guideline F

08/07/2009

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


Guideline F; Guideline E

08/07/2009

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; if they fail to take such steps, that failure does not constitute denial of their rights. Adverse decision affirmed


Alcohol Consumption, Personal Conduct

08/07/2009

As a college student, Applicant drank excessively. He received two citations from his school for alcohol-related conduct and one civil citation. As a result, he attended two alcohol awareness programs and one series of counseling. His current alcohol consumption is generally responsible. Applicant did not falsify his answers on his SF-86. Applicant has mitigated the government's security concerns under Guidelines G and E.


Guideline H; Guideline E

08/06/2009

Applicant denied drug use on his security clearance application and during a subsequent interview. The Judge concluded that these denials were deliberate. Given record evidence as to the extent of Applicant’s drug use, this conclusion is sustainable. Adverse decision affirmed. CASE NO: 08-11194.a1


Guideline H

08/06/2009

Applicant’s last use of marijuana occurred after Applicant had been hired for a job requiring a trustworthiness designation. Any error in the Judge’s decision concerning the number of times Applicant used marijuana is harmless, given the totality of the record evidence. Adverse decision affirmed. CASE NO: 08-05539.a1


Financial; Personal Conduct

08/05/2009

Applicant failed to provide any information that could mitigate the security concerns about his accrual of more than $16,000 in delinquent debt. Nor did he mitigate his intentional omission of his debts from his security clearance application. Clearance is denied.


Guideline F; Guideline E

08/05/2009

A judge is presumed to have considered all the evidence, and a party’s differing interpretation of that evidence is not sufficient to rebut that presumption. Adverse decision affirmed.


Financial

08/05/2009

Applicant's accumulation of tax liens, an outstanding judgment, and delinquent debts over a number of years raises security concerns that are neither extenuated nor mitigated. Applicant's e-QIP omissions were not mitigated, and they raise additional security concerns. Clearance is denied.


Drugs; Personal Conduct

08/05/2009

Applicant smoked marijuana with varying frequency from about 1997 to 2008. He deliberately did not disclose on his March 2008 security clearance application that he had smoked marijuana after July 2007. Clearance is denied.


Guideline F

08/05/2009

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


Guideline F; Guideline E

08/05/2009

Applicant did not respond to the government’s file of relevant material. A party cannot reasonably expect a judge’s decision to be based on evidence which was not before the Judge. Adverse decision affirmed.


Financial

08/05/2009

Applicant accumulated numerous delinquent debts as a result of a business failure. He has resolved all but one delinquent debt, and he is actively pursuing resolution of the one remaining debt. Clearance is granted.


Guideline F

08/04/2009

Although Applicant’s prior bankruptcy proceeding was not alleged in the SOR, the Judge properly considered it as part of the whole-person analysis. Adverse decision affirmed. CASE NO: 08-07602.a1


Financial; Personal Conduct

08/04/2009

The Applicant has not yet made a serious attempt to pay any of his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Guideline F

08/04/2009

The Judge concluded that Applicant had not initiated good-faith efforts to pay off his delinquent debts. A Judge is presumed to have considered all the evidence unless the record demonstrates otherwise. Adverse decision affirmed. CASE NO: 08-06438.a1


Alcohol; Criminal Conduct; Personal Conduct

08/04/2009

Applicant is 49 years old and employed as a Software Engineer by a defense contractor. His long history of alcohol abuse beginning in 1980, his criminal conduct including six arrests for DUI's, the most recent arrest occurring in 2003, and his continued consumption of alcohol has not been mitigated by sufficient evidence of reform and rehabilitation. Applicant did not intentionally fail to disclose material information to the Government during an investigation or on his security clearance application. His personal conduct has been mitigated. Clearance is denied.


Financial; Alcohol

08/03/2009

The Applicant's financial difficulties are, in part, related to her compulsive gambling. Although she has addressed her alleged past due debts, she still gambles. The Applicant is also suffering from alcohol abuse, but still consumes the intoxicant. Clearance is denied.


Criminal Conduct

08/03/2009

Applicant was convicted of two misdemeanor counts of animal cruelty in March 2007 for an offense that occurred in July 2006. He has complied with and exceeded all probation terms. He has a 35-year history of distinguished military and government service as well as significant community support. During this 35-year period, he successfully held a security clearance. Appellant successfully mitigated criminal conduct concerns. Clearance is granted.


Financial

07/31/2009

Applicant had two unpaid judgments and 15 accounts that were delinquent, placed for collection, or charged off, which totaled approximately $48,000. He paid $500 each month in May 2009 and June 2009 on his past due or delinquent Sallie Mae student loans. Applicant has not successfully mitigated financial considerations security concerns. Clearance is denied.


Financial

07/31/2009

Applicant's statement of reasons (SOR) listed five debts totaling $28,200. She paid two debts, and her county property tax account is now current. Her other two SOR debts, totaling about $17,500, are in established payment plans. Applicant mitigated financial considerations security concerns. Eligibility for access to classified information is granted.


Financial

07/31/2009

Applicant owed more than $28,000, in five delinquent credit card debts and one delinquent utility bill, before starting his present job. He has resolved all debts allocated to him in his recent divorce decree, and has sufficient means to resolve the three allocated to his former wife if she does not do so. Eligibility for access to classified information is granted.


Financial

07/31/2009

Facing hard economic times between 2007-2008 owing to increased mortgage payments, family health issues, and a failure of her ex-husband to timely pay child support, Applicant incurred delinquent debt. She has since paid, settled, or successfully disputed all the delinquent debts at issue. Applicant mitigated financial security concerns. Clearance is granted.


Drugs; Alcohol

07/31/2009

Applicant's available information is not sufficient to mitigate the security concerns arising from his drug involvement and alcohol consumption. Eligibility for access to classified information is denied.


Foreign Influence

07/31/2009

Applicant is 52 years old and married with two children who were born in the United States. Applicant and his wife were born on Taiwan. He has lived in the United States for 26 years, and became a United States citizen in 2000, as did his wife. He is part-owner of the company for which he works. He owns his own home in the United States, and has no foreign investments, property, or financial interests. Applicant mitigated the foreign influence security concern. Clearance is granted.


Financial

07/31/2009

After filing a Chapter 13 bankruptcy petition in July 2003 and successfully completing the payment plan in September 2006, Applicant accumulated 11 new delinquent debts. She has paid, disputed, or negotiated payment plans for all the debts. Clearance is granted.


Financial

07/31/2009

Applicant acquired at least 14 delinquent debts totaling $118,284. He provided insufficient documentary evidence to show paid debts, settlements, documented negotiations, payment plans, budgets, or financial counseling. Clearance is denied.


Financial, Personal Conduct

07/31/2009

Applicant's statement of reasons (SOR) listed 21 debts totaling about $41,300. She paid seven debts, totaling about $2,900. One debt was disputed. She has established payment plans for resolving her remaining SOR debts. Financial consideration concerns are mitigated. Personal conduct concerns are mitigated because she did not intentionally fail to list some of her delinquent debts on her security clearance application. Eligibility for access to classified information is granted.


Foreign Influence; Foreign Preference

07/31/2009

Applicant, a naturalized United States citizen originally from Iran, failed to mitigate the foreign preference and foreign influence concerns generated by his relationship with his mother, an Iranian citizen and resident, and his intention to renew his currently expired Iranian passport to visit her in the future. Clearance is denied.


Financial

07/31/2009

Applicant's finances changed significantly when his wife retired due to serious health issues and his pay status changed in 2005. Although he obtained additional employment to help pay expenses, Applicant seriously mismanaged his finances for the last four years. He retained an attorney to help him file bankruptcy, but has not yet done so. He paid some small debts and developed repayment plans for two debts. He, however, has significant unpaid debt. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial

07/31/2009

Applicant accumulated 15 delinquent debts totaling about $51,476. He paid two debts, paid the arrearage on his child support, and made periodic payments on seven debts. No payments have been made on five debts totaling about $5,521. Clearance is denied.


Criminal Conduct; Personal Conduct

07/31/2009

Applicant's history of criminal charges, arrests, and citations generates a criminal conduct security concern. His failure to disclose his entire criminal history on his security clearance application raises a personal conduct security concern. After carefully considering the evidence, I conclude Applicant's conduct remains a security concern. Clearance is denied. CASE NO: 08-01306.h1


Personal Conduct, Foreign Influence

07/31/2009

Applicant was born in Kurdistan about 55 years ago. In 1976, Applicant fled to Iran and then that same year, he settled in the United States. He became a U.S. citizen in 1991. His wife was born in Iraq and became a U.S. citizen in 1998. His three children are U.S. citizens. Applicant returned to Iraq in 2006 and 2007, and served with U.S. combat forces as a translator. Applicant went on hundreds of dangerous patrols with U.S. Army personnel. Those who served with him in Iraq laud his duty performance and contributions to mission accomplishment. Applicant has significantly greater contacts with the United States than with Iraq. He can be expected to resolve any conflict of interest in favor of U.S. interests. Personal Conduct and Foreign Influence security concerns are mitigated. Eligibility for access to classified information is granted.


Financial; Personal Conduct

07/31/2009

Applicant's multiple falsifications, and the financial and employment problems he concealed, render him an unsuitable candidate for access to classified information. Clearance denied.


Personal Conduct; Financial

07/30/2009

In 2006, Applicant incurred seven delinquent accounts totaling approximately $28,451. The accounts remain unresolved. He deliberately omitted his delinquent debts on a security clearance application on October 2, 2008. Security concerns raised under financial considerations and personal conduct are not mitigated. Clearance is denied.


Drugs

07/30/2009

Applicant is 46 years old and employed as a Senior Computer Consultant by a defense contractor. His eighteen year history of marijuana use from 1980 through 2008 on average at least ten times a year, and his most recent use that occurred in February 2009, has not been mitigated by sufficient evidence of reform and rehabilitation despite his signed letter of intent. Clearance is denied.


Financial

07/30/2009

Between 2001 and 2004, Applicant accumulated approximately $14,600 of debt while in college as a result of over-spending and financial mismanagement. Since 2009, he has demonstrated good-faith efforts to pay or resolve five of the seven delinquent debts listed on the Statement of Reasons and intends to resolve and pay the remaining two debts. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Personal Conduct; Information Technology; Sexual Behavior

07/30/2009

Applicant is 51 years old and employed as a Senior Hardware Engineer by a defense contractor. Applicant's addiction to internet pornography has caused him to violate company policy by using the company computer to view pornography from 2000 through 2005. He has also accessed and downloaded non-business related internet web pages that bordered on pornography. Within the last three months, he has been undergoing counseling with a licensed social worker that has proved to be tremendously helpful. Sufficient rehabilitation has not been shown. Clearance is denied.


Criminal Conduct; Personal Conduct

07/30/2009

Applicant failed to mitigate security concerns under Guideline J and Guideline E. Clearance is denied.


Guideline B; Guideline D

07/30/2009

Since 2002, Applicant has conducted an extra-marital affair with a woman from Ecuador. He has not disclosed the affair to anyone except a friend. He has paid the woman $100 per month and bought phones for her to resell. Applicant failed to list the woman on his security clearance application. The Judge concluded that Applicant is subject to duress. Adverse decision affirmed.


Financial

07/30/2009

Applicant is 45 years old and employed as a Aircraft Mechanic by a defense contractor. Her delinquent indebtedness, caused by medical conditions in 2004, have not been resolved, or explained to determine sufficient financial rehabilitation. No good faith effort has been demonstrated. Clearance is denied.


Financial

07/30/2009

Applicant is 35 years old and employed as a Senior Engineering Project Specialist by a defense contractor. Her excessive indebtedness caused by a dysfunctional marriage, involving her husband's inability to stay employed for any significant period of time; and his failure to pay their bills, unbeknownst to her, has been mitigated by her good faith efforts to resolve her indebtedness. Clearance is granted.


Personal Conduct

07/30/2009

Applicant's employment as manager of an overseas military exchange facility was terminated for her involvement in cigarette ration violations, falsifying ration and gift cards, and destroying ration control records to conceal the fraudulent activity. Contrary to substantial evidence, Applicant and her former employees admit only what was directly observed, and deny the larger fraud. Applicant's appeal of her termination and subsequent Equal Employment Opportunity Commission complaint were unsuccessful. Eligibility for access to classified information is denied.


Financial

07/30/2009

Applicant is 46 years old and employed as a Project Manager by a defense contractor. His history of financial indebtedness in the amount of $23,386.00 has been for the most part been resolved. He has learned how to be financially responsible. Sufficient mitigation is shown. Clearance is granted.


Personal Conduct

07/30/2009

Applicant is 36 years old and employed as a Senior Systems Engineer by a defense contractor. In 1996, at the age of 24, while employed as a police officer and working undercover, he was charged and convicted with violating 18 USC 242 for deprivation of civil rights, a misdemeanor. Since then, he has matured and demonstrates that he is responsible. Sufficient mitigation has been shown. Clearance is granted.


Financial

07/30/2009

Applicant's credit report indicated eight delinquent accounts and raised security concerns under the financial considerations guideline. Applicant mitigated the security concern based on his 33-year employment history. He claims most of the delinquent accounts were opened by his ex-wife (now deceased) without his knowledge. He formally disputed the accounts with the credit reporting agencies. If the accounts are proven to be his, he has the means to repay the accounts. Security concerns under financial considerations are mitigated. Clearance is granted.


Guideline F; Guideline E

07/30/2009

The Judge's challenged findings are supported by the record evidence. Adverse decision affirmed.


Financial

07/29/2009

Applicant incurred significant debt when he opened credit accounts after starting his first well paying job. He was laid off twice after about two years of employment and his debts became delinquent. He worked a significantly lower paying job for two years but took no action towards his delinquent debts. He found employment in his field at a good salary, but took no action towards his delinquent debts even after learning that they pose a security concern until he received the SOR. His lack of action shows his irresponsibility and indifference to his finances leading to a conclusion he may be irresponsible in duties to safeguard classified information. Clearance is denied.


Financial

07/29/2009

Applicant is 65 years old and works for a defense contractor. He failed to pay his federal taxes from 1982 through 1994 and had other federal taxes unpaid in 1995, 1996 and 2001. He owed $664,401.23 in taxes, penalties and interest. He entered into an Offer of Compromise with the Internal Revenue Service in 2004, but was unable to maintain payments due to unemployment. Applicant was released from the tax lien in June 2009, but failed to provide sufficient evidence as to the amount he paid, where he obtained the money to make the payments, and why he did not pay his taxes in the past. Applicant failed to mitigate the security concerns raised under Guideline F, Financial Considerations. Clearance is denied.


Financial, Personal Conduct

07/29/2009

Applicant's statement of reasons (SOR) listed 12 debts totaling about $35,000. He paid seven debts; however, he made insufficient progress resolving five debts totaling about $31,800. Personal conduct concerns are mitigated; however, financial considerations concerns remain. Eligibility for access to classified information is denied.


Financial

07/29/2009

Applicant and her nephew invested in two residential properties with the idea that they could be repaired and resold at a profit. Lack of interest and a downward trend in the economy left the properties unsold and Applicant no longer able to pay the mortgages. The lenders sought foreclosure and seized the properties, but have not moved to sell or otherwise dispose of the houses in nearly a year. Meanwhile, Applicant is held responsible for the full $203,000 represented by the mortgages. With the homes unsold, Applicant is currently liable for the full $203,000. With no plan for satisfying her ultimate liability, financial considerations security concerns remain. Clearance is denied.


Financial

07/29/2009

Since 2001, Applicant incurred 13 delinquent accounts, an approximate total of $24,532. Debts were incurred as a result of a seven-month period of unemployment, his wife's medical condition, and accepting a job at reduced salary. While Applicant retained a bankruptcy law firm in January 2009, he has not formally filed for bankruptcy. The status of his delinquent accounts remain unresolved. In June 2008, his annual income increased from $36,000 to $75,000. He made no effort to resolve his delinquent accounts even though seven of the accounts carried balances under $150. Clearance is denied.


Drugs

07/29/2009

Applicant started smoking marijuana occasionally as a high school student. As a college student, she increased her marijuana use. During her senior year in college, she began to decrease her use and stopped upon her graduation in May 2008. She ceased using marijuana or associating with friends who do. She signed a revocation of her clearance waiver. Applicant has mitigated the government's security concerns regarding her drug involvement. Clearance is granted.


Financial

07/29/2009

Applicant fell behind in his child support and on a credit card account. He also owed past due balances on two utility services accounts. His financial delinquencies are attributable in part to unemployment and low wages, and to the criminal activity of a former employer. The child support issue has been resolved, and he has paid $4,100 toward his delinquent credit card debt. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct; Sexual Behavior

07/29/2009

Applicant presented sufficient information to mitigate the security concerns about his finances. However, he failed to mitigate the potential for coercion, manipulation or undue influence arising from his ongoing embarrassment over a sexual act for which he was arrested in 2007. He has tried to keep the details of his conduct from his employer and remains concerned he would be fired if his employer found out what he had done. His embarrassment also caused him to falsify the information about his arrest in his e-QIP. The criminal conduct concerns are mitigated by the passage of time and isolated nature of his conduct. But his lack of candor about his conduct and continued his vulnerability to coercion because of his conduct preclude mitigation of the sexual behavior and personal conduct concerns. Clearance is denied.


Financial

07/29/2009

Applicant is a 37-year-old employee of a federal contractor. He has a history of financial problems based in part on repossession of at least one auto, which indicates a high degree of financial irresponsibility. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns. Clearance is denied.


Foreign Influence, Personal Conduct, Financial

07/29/2009

Applicant was born and educated in Egypt. In 1994, he immigrated to the United States and married his wife the same year. In 1999, he became a U.S. naturalized citizen. His two children are U.S. citizens. He has established some connections to the United States. He has three siblings, who are resident citizens of Egypt. He maintains contact with them and has a bank account there. He returned to Egypt seven times since becoming a U.S. citizen. Between 2002 and 2003, he remained there for seven months. He used marijuana daily from 2001 to February 2004. He intentionally failed to disclose that information in his March 2004 security clearance application. He has a $15,000 delinquent debt that was incurred from his divorce several years ago, on which he very recently started making monthly payments. He failed to mitigate the security concerns raised under Foreign Influence, Personal Conduct, and Financial Considerations. Clearance is denied.


Financial

07/29/2009

Applicant owes about $28,000 in delinquent debt largely attributable to unemployment. Financial concerns persist because he has taken no steps to address the debt despite steady employment since October 2005. Clearance is denied.


Financial

07/29/2009

Applicant's long history of financial irresponsiblity, interrupted only by efforts undertaken directly to retain his clearance, renders him an unsuitable candidate for access to classified information. Clearance denied.


Drugs; Personal Conduct; Criminal Conduct

07/29/2009

Applicant's drug abuse history, and his concealment of that history on government employment documents, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial

07/29/2009

Applicant's statement of reasons (SOR) listed seven debts totaling $22,559. He paid three debts; however, he made insufficient progress resolving four debts totaling $22,260. He failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Financial

07/29/2009

The Applicant has not yet made a serious attempt to pay any of his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

07/29/2009

Between 2000 and 2007, Applicant's first husband deserted her, she endured a period of reduced income, and was subject to two periods of unemployment. Delinquent debt was incurred. It was not addressed until July 2009, shortly before the hearing, when she filed for bankruptcy. While she should have made her first payment on the bankruptcy shortly before the record closed, there is no evidence of that or any other payments. Financial considerations security concerns remain unaddressed and unmitigated. Clearance is denied.


Mental

07/29/2009

A psychiatrist and a psychologist both opined the Applicant had Schizotypal Personality Disorder. Applicant was the psychiatrist's patient for over five years and was evaluated in a number of therapy sessions. The psychologist saw Applicant on a limited basis and examined some test results. The psychiatrist determined Applicant should absolutely not have access to classified information. The psychologist opined that Applicant's condition in itself is unlikely to cause a defect in judgment or reality. The psychiatrist's opinion is given greater weight then the psychologist's opinion. Clearance is denied.


Financial

07/29/2009

Applicant's statement of reasons (SOR) listed five debts totaling about $24,500. He paid three debts, and the other two are in payment plans. He made sufficient progress resolving his SOR debts to mitigate security concerns. Eligibility for access to classified information is granted.


Foreign Influence; Foreign Preference; Information Technology

07/29/2009

Foreign Influence and Information Technology concerns were mitigated in a previous decision, dated March 24, 2009. In that decision, Foreign Preference concerns were not mitigated because Applicant possessed a valid Israeli passport at the close of the record. Upon receiving the adverse decision, Applicant claimed he misunderstood the procedures for mitigating the security concern with regard to his possession of valid foreign passport. The Appeal Board remanded the case to me based on additional evidence Applicant submitted. I do not find Applicant's explanation credible. Regardless, even if he had timely surrendered his valid foreign passport to his security office, it cannot be considered an unconditional surrender because he indicated on several occasions during his background investigation that he may need to ask for his passport back when he travels to Israel in the future. Foreign preference concerns are not mitigated. Clearance is denied.


Criminal Conduct; Alcohol

07/29/2009

Applicant has a lengthy history of episodic alcohol abuse that has resulted in 13 alcohol-related arrests spanning a 13-year period from 1992 to 2005. His alcohol abuse has affected his work performance, and he has been diagnosed as alcohol dependent by medical professionals. He had a previous DOHA hearing for alcohol- related arrests and alcohol-related problems in September 1994, and was granted a clearance following that hearing. Applicant failed to mitigate these security concerns given his lengthy history of alcohol-related incidents. Clearance is denied.


Guideline F

07/28/2009

Applicant avers that Department Counsel made statements which could be viewed as advice that he did not need nota lawyer and he relied upon this in electing to appear pro se. The Board cannot consider new evidence. Still, the Board considered Applicant's argument. Prior to the hearing, he received written guidance from DOHA that he had the right to employ counsel, or have another person represent him; that he had the right to present evidence and witnesses; that he had the right to cross-examine witnesses against him; and that he had the right to object to evidence. At the hearing, the Judge told him of his right to employ counsel. He said he decided to represent himself. He presented documentary evidence, called witnesses, and testified in his own behalf. He points to nothing which he would have done differently had he had counsel, or anything likely to have produced a different result. Under the facts of this case, there is no basis to conclude that Applicant was denied due process. Adverse decision affirmed.


Financial

07/28/2009

Applicant accumulated a significant amount of debt after her fianc‚ died and their business endeavor failed in 2007. Since then, she has demonstrated good-faith efforts to pay or resolve the debt through repayment plans and attempts to negotiate resolutions. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

07/27/2009

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


Financial

07/27/2009

Financial repercussions stemming from his wife's gambling problem ultimately led Applicant to being liable for a significant amount of delinquent debt. He presented no evidence of ameliorative actions addressing his finances and is unsure how to address his present financial predicament. Applicant failed to mitigate financial considerations security concerns. Clearance is denied.


Financial

07/27/2009

Applicant accumulated a number of delinquent debts (including tax liens and a landlord's judgment) during recurrent periods of unemployment and underemployment. With periodic employment by defense contractors and work in odd jobs, he has been able to resolve a number of his debts. Several large debts still remain, however, and are included in a consolidated repayment plan he has yet to formally approve. Applicant's efforts, while encouraging, are not sufficient to mitigate security concerns. Clearance is denied.


Financial

07/27/2009

Applicant is a 30-year-old man who left his wife in charge of his finances from their 1998 marriage until their 2005 estrangement. Applicant moved several times after they separated, but left no forwarding information for the receipt of personal or account correspondence. As a result, he did not discover he had approximately $30,000 in delinquent debt until he received the Statement of Reasons in 2008. Other than payment of one debt for approximately $800 and discussions with an attorney to petition for Chapter 7 bankruptcy. He has made no efforts to address the debt at issue. Financial considerations security concerns remain. Clearance is denied.


Financial

07/27/2009

Between 2000 and 2005, Applicant underwent a series of surgeries and made a series of loans to her twin sister. The loans became gifts in order that the sister's children would not suffer from their mother's substance abuse problems. As a result, about $11,000 in debt was acquired and became delinquent. Applicant has ceased helping her sister financially and satisfied all but one account, for which she has had difficulty locating the current creditor. Applicant is now financially fit and prepared to pay any remaining balance presented to her on her remaining account. Financial Considerations security concerns are mitigated. Clearance is granted.


Financial

07/27/2009

Applicant has had a history of overdue debts, all of which were incurred without his knowledge or permission, and which are now resolved. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

07/27/2009

Applicant is 27 years old, unmarried, and has two children. Applicant has 14 delinquent debts listed in the SOR, totaling $33,675. Applicant has not repaid any delinquent debts. She filed Chapter 7 bankruptcy to resolve all her delinquent debts. Applicant failed to disclose her delinquent debts on her trustworthiness application, but explained she misunderstood the question. Applicant mitigated the financial considerations and personal conduct trustworthiness concern. Trustworthiness is granted.


Foreign influence

07/24/2009

The foreign influence concerns about the Nigerian residency and citizenship of Applicant's parents and siblings are mitigated by his strong ties to the United States he has developed since 1978. Eligibility for a security clearance is granted.


Financial

07/24/2009

Applicant has a dismissed Chapter 13 petition of record and accumulated debts exceeding $24,000.00, which he has failed to explain or address. Security concerns over his finances are not mitigated. Clearance is denied.


Financial

07/24/2009

Applicant started to have financial problems when her parents were no longer able to provide her financial support starting in about 2000. She made no inquiries concerning her delinquent debts after security investigators raised concerns about her finances and even before the hearing. Applicant was irresponsible towards her finances indicating she will be irresponsible towards classified information. Clearance is denied.


Financial

07/24/2009

Applicant failed to mitigated the government's financial considerations security concern. Clearance is denied.


Personal Conduct

07/24/2009

Applicant followed the illegal advice of his recruiter and concealed his medical background on multiple occasions in order to enlist in the Air Force in 2004. Since his discharge for Fraudulent Entry into Military Service more than five years ago, Applicant has been completely truthful about his medical and military history. He has matured and now understands the importance of absolute honesty. Clearance is granted.


Financial

07/24/2009

Applicant accumulated delinquent debt when she was a student. She did not work full time, had medical problems, and a new baby. She developed a plan to pay her delinquent debts. She paid nine of the fourteen debts and is executing her plan to pay the remaining five debts. Applicant mitigated public trust concerns related to her finances. Access to sensitive information is granted.


Financial

07/24/2009

Applicant is a 25-year-old employee of a federal contractor. He has a history of financial problems, to include uninsured medical debts based on an unexpected medical emergency. He presented sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns. Clearance is granted.


Financial

07/24/2009

Applicant incurred a significant amount of delinquent debt. He attempted to resolve his financial situation by filing for Chapter 13 bankruptcy in March 2005. The Chapter 13 bankruptcy was dismissed in June 2006 due to nonpayment. The SOR alleged 19 delinquent accounts totaling approximately $88,579. Of that amount, $46,640 was for delinquent student loans. Since the dismissal of his Chapter 13 bankruptcy, Applicant made no efforts to resolve his delinquent accounts and continued to incur additional delinquent accounts. It is unlikely that his financial situation will be resolved in the near future. Clearance is denied.


Guideline C

07/24/2009

A person who bears arms for a country demonstrates a willingness to risk life and limb for that country which is strong evidence of a profound commitment to the interests of that country. A willingness to bear arms for a foreign country raises serious security concerns about an applicant seeking access to classified information. These concerns apply here, where, after moving abroad, Applicant voluntarily served in the armed forces of a foreign country for almost ten years, obtained foreign citizenship in order to facilitate his entry into the armed forces, held a foreign security clearance, held an intelligence-related position in the foreign military, accepted the foreign military's largesse to obtain a graduate degree, and anticipates the receipt of a benefit as a result of his foreign military service. Applicant's eventual return to the U.S. and his eventual (after the passage of significant additional time) renunciation of foreign citizenship and surrender of his foreign passport are insufficient to vitiate the concerns raised by the voluntary choices he made. On this record, the Judge erred by concluding that Applicant had established a case in mitigation under Guideline C. Favorable decision reversed.


Foreign Influence; Foreign Preference

07/24/2009

The Applicant immigrated to the U.S. in 1998, and became a U.S. citizen in 2006. Her children and all of her wealth are in the U.S. She has destroyed her Russian passport, and has expressed a sincere intention to renounce whatever Russian citizenship she may have. She is not subject to coercion vis-a-vis her parents and brother who still live in Russia. Access to sensitive information is granted.


Guideline J; Guideline H; Guideline G; Guideline E

07/24/2009

The Judge was required to consider Applicant's explanations for his omissions from his security clearance application but he was not obligated to accept to those explanations. Adverse decision affirmed.


Financial

07/23/2009

Applicant has 35 delinquent accounts, an approximate total of $27,013. Applicant resolved one account but has not taken steps to resolve the remaining accounts. She is considering filing for bankruptcy but took no action towards doing so prior to the hearing. She has not met her burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial, Personal Conduct

07/23/2009

Applicant's statement of reasons (SOR) lists 13 debts totaling about $36,000. She paid seven debts, totaling about $4,800. She successfully disputed a debt for $370. The five remaining debts are in established payment plans. Applicant did not intentionally fail to disclose her financial problems on her security clearance application. Applicant mitigated financial considerations and personal conduct security concerns. Eligibility for access to classified information is granted.


Financial

07/23/2009

Applicant's available information is not sufficient to mitigate the security concerns arising from financial considerations. Eligibility for access to classified information is denied.


Financial

07/23/2009

Applicant's available information is not sufficient to mitigate the security concerns arising from financial considerations. Eligibility for access to classified information is denied.


Financial; Personal Conduct

07/23/2009

This 54-year-old employee has mitigated the security concerns under the financial considerations guideline. He has resolved his delinquent accounts. He did not intentionally falsify his security clearance application. He has mitigated the personal conduct concern. Clearance is granted.


Financial; Criminal Conduct

07/23/2009

Applicant's debts were discharged in bankruptcy over 20 years. She has five other debts. One has been paid, two are being paid under a settlement agreement, one she disputes, and she is making arrangements to pay the remaining small debt. She mitigated security concerns for financial considerations. Applicant engaged in criminal activity in 2000/2001 as a government employee. She was tried in federal court and acquitted by a jury. However, the criminal activity does reflect negatively on her reliability, trustworthiness and good judgment and her ability to comply with rules and regulations. Clearance is denied.


Financial; Criminal Conduct; Alcohol; Drugs

07/23/2009

Applicant addressed about half of the debts he acquired through a period of unemployment and major medical procedures. He currently has the ability to make more progress within the coming months. His medical problems, maternal support, and regular Alcoholics Anonymous attendance helped end his past abuse of alcohol and illegal drugs and related criminal conduct. While more debts remain to be addressed, Applicant demonstrated his ability and willingness to address his remaining debts and displayed a good-faith effort toward that result. Clearance is granted.


Financial

07/23/2009

Applicant owes about $72,000 in delinquent debt from 2006 that she has yet to resolve. While some of the debt was incurred for a now closed mortgage business, Applicant has a track record of late payments on living expenses that raises concerns for her ability to manage her finances and to repay the delinquent debt in the foreseeable future. Clearance is denied.


Financial, Personal Conduct

07/23/2009

Applicant's statement of reasons (SOR) lists five debts totaling about $18,000. He paid two debts and one debt is in an established payment plan. Applicant provided insufficient evidence to mitigate financial considerations security concerns. Personal conduct concerns are not mitigated because he left three jobs without providing two weeks' notice, was terminated from another job because of his performance and provided false information to a family court about the existence of a child of his marriage. Eligibility for access to classified information is denied.


Financial

07/23/2009

Applicant tendered a variety of explanations for not paying his delinquent accounts. None of the explanations are credible because he provided no documentation in support of any of his claims. Applicant also tried to intentionally conceal his delinquent debt history. Eligibility for access to classified information is denied.


Financial

07/23/2009

Applicant had one unpaid judgment, one past due account, two unpaid tax liens, and 14 unpaid accounts placed for collection, which totaled more than $22,000. His past due student loan is current, he is paying his tax liens, and has paid 13 accounts placed for collection. The judgment and one small additional account remain unpaid. Applicant has successfully mitigated financial considerations and personal conduct security concerns. Clearance is granted.


Personal Conduct

07/23/2009

After leaving military service in December 2004, Applicant used marijuana once in 2005 while still possessing a security clearance. He failed to disclose the incident on his November 2006 security clearance application, but did voluntarily reveal the information during a subsequent interview with a government investigator. He provided sufficient evidence to mitigate the security concerns. Clearance is granted.


Sexual Behavior; Personal Conduct

07/23/2009

From approximately 1995 to February 2005, Applicant engaged in exhibitionistic fantasies that cause security concerns under the guidelines for sexual behavior and personal conduct. He stopped his questionable behavior in February 2005, attended counseling, and disclosed his behavior to his wife. He has lost interest in his exhibitionistic fantasies because of physiological and cognitive reasons. He has learned his lesson, and the likelihood of recurrence is remote. Eligibility for access to classified information is granted.


Financial

07/22/2009

Applicant accumulated a significant amount of debt between 2004 and December 2005. He began addressing it in early 2006, prior to the initiation of the security clearance investigation. He has resolved a large portion of it and anticipates paying the remaining debt within a year. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Security Violations; Information Technology; Personal Conduct

07/22/2009

During an investigation into Applicant's move of two classified computers, he provided misleading information to investigators. The investigators found he had failed to update his inventory of classified material, switched classified hard drives without authority, failed to activate a password-protected screen lock on a classified computer, failed to mark his media while working in a mixed media environment, and used an unauthorized thumb drive. Clearance is denied.


Financial

07/22/2009

Applicant accumulated a significant amount of debt after her fianc‚ died and their business endeavor failed in 2007. Since then, she has demonstrated good-faith efforts to pay or resolve the debt through repayment plans and attempts to negotiate resolutions. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

07/22/2009

Applicant failed to mitigated the government's financial considerations security concern. Clearance is denied. CASE NO: 08 08445.h1


Criminal Conduct; Alcohol

07/22/2009

Applicant is 32 years old and has a misdemeanor conviction for assault and battery and two convictions for driving under the influence of alcohol. He has a third arrest for driving under the influence of alcohol, a felony, and multiple related charges that are pending adjudication. Applicant was discharged from the military due to alcohol rehabilitation failure. Applicant failed to mitigate the security concerns under Guidelines J, Criminal Conduct and G, Alcohol Consumption. Clearance is denied.


Financial

07/22/2009

Applicant incurred debt for a car and credit cards used for his employment. Applicant's employer went out of business after September 11, 2001, and Applicant lost his job. He worked occasionally but continued to pay his debts for a year after being laid off. He established that he does not owe for the car used for his employment that was repossessed. He has a credible dispute on the amount owed on the two credit card debts. He offered to settle for the amount initially owed but the creditors refused. Applicant established that his finances do not create a public trust concern. Access to sensitive information is granted.


Criminal Conduct; Personal Conduct

07/22/2009

This 37-year-old employee has not mitigated the security concerns under the criminal conduct guideline. He completed his probation in late 2008. He received a 2006 charge for DWI while 2005 DWI charge was pending. He did not intentionally omit material information from his 2008 security clearance application. He mitigated the security concern under the personal conduct guideline. Access to classified information is denied.


Financial

07/22/2009

Applicant had three past due credit card accounts totaling $34,000. She is currently making monthly payments on these debts. Applicant has successfully mitigated financial considerations security concerns. Clearance is granted.


Guideline C; Guideline B

07/22/2009

Applicant has used a Brazilian passport and voted in Brazilian elections. Applicant's exercise of Brazilian citizenship and his relationship with a Brazilian national raised security concerns which he failed to mitigate. Adverse decision affirmed.


Financial; Personal Conduct

07/22/2009

This 56-year-old employee has not mitigated the security concerns under the financial considerations guideline. He has not resolved his delinquent accounts and does not have a plan to do so. He intentionally omitted material information from his 2007 security clearance application. Eligibility for access to classified information is denied.


Criminal Conduct

07/22/2009

Applicant twice stole items from stores, once in 1996 and once in 2002. The courts convicted her of misdemeanor theft. As a result of her arrests, she sought medical treatment. Her treating psychiatrist diagnosed major depression, obsessive compulsive disorder, and attention deficit, hyperactivity disorder. She takes medication, which successfully controls her impulses. She always performed well in positions of trust with past employers and with her daughter. She has mitigated the government's security concerns about her criminal conduct. Clearance is granted.


Guideline F

07/22/2009

Applicant's failure to file federal and state tax returns raised Guideline F security concerns. Matters which Applicant submitted in his behalf were not sufficient to meet his burden of persuasion. Adverse decision affirmed.


Guideline F

07/21/2009

The Judge found that Applicant's current total delinquent debt is approximately $120,000. The Judge acknowledged that some of Applicant's circumstances were beyond his control in creating the delinquencies, but, ultimately, insufficient mitigation had been established owing to the substantial amount of delinquent debt remaining. The Judge's conclusion is reasonably supported by the record. Adverse decision affirmed.


Guideline F; Guideline E

07/21/2009

The Judge found that Applicant's debts were caused in large measure by her husband's unemployment. However , the Judge also concluded that Applicant had not demonstrated that her financial problems were being resolved or were under control. The Judge's findings are sustainable. Adverse decision affirmed.


Financial

07/17/2009

Applicant's finances changed significantly when his company transferred him, at his own expense, to a significantly lower paying job. He could not manage all his bill payments and incurred additional expenses when serious family issues arose. He recently transferred to a better paying job. He has paid many of his debts and developed payment plans for others, which he regularly pays. He has mitigated the government's security concerns under Guideline F. Clearance is granted.


Financial

07/17/2009

Applicant mitigated the government's financial considerations security concern. Clearance is granted.


Financial

07/17/2009

Applicant's husband took over family finances in 2003 after she lost her full-time job. Serious financial problems developed unbeknownst to her. Applicant returned to full- time employment in January 2008. Shortly thereafter, her husband lost his job. Applicant has paid some bills, but has not obtained control over her finances and debts. She has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial;

07/17/2009

This 42-year-old employee has mitigated the security concerns under the financial considerations guideline. He has resolved his four delinquent accounts. Eligibility for a public trust position is granted.


Sexual Behavior; Criminal Conduct

07/16/2009

Applicant has a long history of sexual offenses, culminating with his attempted sexual assault on two minors in August 2000. This conduct shows such extremely poor judgment that more time without conduct raising security concerns is needed. Applicant failed to mitigate sexual behavior concerns. Criminal conduct security concerns are mitigated. Eligibility for access to classified information is denied.


Personal Conduct

07/16/2009

Applicant was unable to mitigate security concerns raised following 11 arrests/citations spanning a 22-year period from 1986 to 2008. These arrests/citations include disorderly conduct, driving under the influence, hit and run, shoplifting, criminal trespass, fail to yield, false report to law enforcement, no license, no insurance, failure to appear, marijuana possession, drug paraphernalia possession, driving with a suspended license, and public nuisance. Also, Applicant has failed to perform community service and/or pay fines on charges from 1990 to present. Clearance is denied.


Guideline J; Guideline H

07/16/2009

The Board gives due consideration to Hearing Office decisions but each case must be decided on its own merits. Moreover, Hearing Office decisions are binding neither on other Hearing Office Judges nor on the Board. Adverse decision affirmed.


Financial

07/16/2009

On remand, the additional information Applicant provided was insufficient to mitigate the security concerns about her accrual of more than $25,000 in unpaid personal debt. Clearance is denied.


Guideline J; Guideline E

07/16/2009

Applicant failed to rebut the presumption of regularity and good faith on the part of the Judge. Adverse decision affirmed.


Guideline F

07/16/2009

Even if Applicant was a victim of fraud, the record does not sustain the Judge's favorable conclusion as to Financial Considerations Mitigating Condition 20(b). A stranger proposed to use Applicant's good credit history as a basis for obtaining real estate. There is evidence that she has a college degree, owns two rental properties, and owns investment accounts. Applicant failed to perform a prior inspection of the property. The Judge statement that Applicant had no indication she was being set up, nor did she have reason to suspect anything was awry is not consistent with the evidence. The agreement placed a reasonable person on notice that she could end up with responsibility for the mortgage loan. The record does not sustain a conclusion that Applicant's debt arose from causes outside her control. There is no evidence to demonstrate what action, other than foreclosure, Applicant proposes to discharge a facially valid debt. This paucity of record evidence is significant, since foreclosure could result in a deficiency. The record does not suggest that she is penurious or otherwise incapable of arranging a satisfactory means of addressing this debt. Favorable decision reversed.


Guideline H; Guideline E

07/16/2009

The fact that the Judge did not explicitly mention portions of the evidence that Applicant considers mitigating does not establish error. Adverse decision affirmed.


Guideline K; Guideline E; Guideline B

07/16/2009

Totality of record evidence demonstrates that Applicant's failure to list his Russian associate was knowing and willful. Furthermore, Applicant failed to mitigate the Guideline B security concerns in his name. Adverse decision affirmed.


Financial

07/15/2009

Applicant and her husband experienced employment problems between 2000 and 2005. Even though they have been employed consistently since 2005, Applicant has had to periodically deal with her son's unanticipated health issues. In October 2008, five months before she received the SOR, she demonstrated good judgment by successfully initiating settlement action on several of the accounts. I believe that Applicant will employ the same kind of dedication to completing her debt plan as she has demonstrated to her colleagues over the last eight years. Eligibility for access to a security clearance is granted.


Financial, Personal Conduct

07/15/2009

Applicant's statement of reasons (SOR) lists nine debts totaling about $70,000. He paid or is adequately resolving three debts; however, six large delinquent debts totaling more than $60,000 remain unresolved. Applicant failed to mitigate financial considerations security concerns. Personal conduct concerns regarding his filing an inaccurate security clearance application with the government are mitigated. Eligibility for access to classified information is denied.


Financial

07/15/2009

Applicant accumulated mortgatge debts on two residential properties he purchased in another state for investment puposes. Because of construction delays and depressed market conditions in the region, he ceased paying on the loans. Both properties are in default, with one already judicially foreclosed and the other in line to be foreclosed. Applicant remains at risk to deficiency liability on both properties and fails to mitgate security risks associated with his potential deficiency liability. Clearance is denied.


Alcohol

07/15/2009


Financial; Criminal Conduct

07/15/2009

Applicant is a 42-year-old employee of a federal contractor. The criminal conduct is mitigated, but his history of financial problems is not mitigated. He is now on the verge of filing a Chapter 7 bankruptcy case. His financial problems are overwhelming, and he is in the middle of financial turmoil. It will be some time before he will be able to put his financial house in good order and then establish a track record of financial responsibility. Clearance is denied.


Financial

07/15/2009

The Statement of Reasons alleges a total of approximately $22,000 in delinquent debt, which started accruing in 2002. Applicant contends she is not responsible for the debts, which stemmed from her defunct businesses. However, she provided no evidence that she is not liable, nor evidence of serious efforts to resolve her debts. Clearance is denied.


Personal Conduct; Drugs

07/14/2009

Applicant is a 49-year-old employee of a federal contractor. She did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from her use of marijuana and cocaine, her drug-related criminal conduct, and her 2006 termination from employment due to testing positive for cocaine. Clearance is denied.


Alcohol

07/13/2009

Applicant's arrests for DUI in 2003 and 2006 raised security concerns under alcohol consumption. Applicant mitigated security concerns. He fulfilled the terms of his court sentences. He has had no alcohol-related incidents in over three years. His level of alcohol use does not raise concerns that he is an alcoholic or an alcohol abuser. When he occasionally drinks alcohol, he no longer drives. The consequences of the second DUI proved to be a wake-up call for Applicant. The favorable comments of his superiors, co- workers and peers indicate these past arrests do not cast doubt on Applicant's current reliability, trustworthiness, or good judgment. Clearance is granted.


Financial

07/13/2009

Applicant has substantial debt. He is financially overextended, and does not have the financial means to overcome his problems. He failed to mitigate the financial considerations security concerns. Eligibility for access to classified information is denied.


Sexual Behavior, Criminal Conduct, Personal Conduct

07/13/2009

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


Financial

07/13/2009

Applicant has 12 unpaid accounts placed for collection, totaling in excess of $38,000. Applicant has not mitigated the financial considerations security concerns. Clearance is denied.


Foreign Preference; Foreign Influence

07/13/2009

The Applicant has destroyed his Algerian passport, and has expressed a willingness to renounce his Algerian citizenship. He has had little contact with his Algerian relatives since 2005, and none of them have any connection with the Algerian government. He can not be coerced vis-a-vis their presence in Algeria. Clearance is granted.


Financial

07/13/2009

Applicant had 18 past due or placed for collection accounts totaling approximately $21,000. The accounts have been paid or are part of a repayment plan started in 2007. Applicant has mitigated the government's security concerns under financial considerations and personal conduct. Clearance is granted.


Financial, Personal Conduct

07/13/2009

Applicant has one unpaid judgment and 12 unpaid accounts, which have been charged off or have been placed for collection and total in excess of $16,000. Applicant rebutted the personal conduct security concerns related to her answers on her Questionnaire for Public Trust Positions. However, she has failed to rebut or mitigate the government's security concerns about her finances. Applicant's eligibility for access to sensitive information and eligibility for a public trust position is denied.


Sexual Behavior; Criminal Conduct

07/13/2009

Applicant failed to mitigate the government's security concerns raised under Guidelines J, criminal conduct, and D, sexual behavior. Clearance is denied.


Foreign Influence

07/12/2009

The Applicant's two brothers are citizens of Taiwan. The Applicant has not had any contact with these brothers for 15 and 30 years, respectively. The current nature of the Taiwanese government, and his brothers' relationship with that 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.


Financial

07/10/2009

Applicant's statement of reasons (SOR) lists 14 debts totaling about $40,000. All of her debts are satisfactorily resolved, disputed or in payment plans. There were also several duplicated debts. Applicant mitigated financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: N/A


Guideline F

07/10/2009

A party'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

07/10/2009

Applicant accumulated three debts totaling about $23,000 that have been delinquent for at least six years. He produced no evidence of efforts to dispute or resolve the debts. Clearance is denied.


Guideline J; Guideline B; Guideline E

07/10/2009

Applicant's spouse works for the Lithuanian government as does his sister-in-law. Adverse decision affirmed.


Financial

07/09/2009

Applicant admitted owing more than $43,000 in delinquent debts. He made no meaningful attempt to resolve any of these 19 debts, and provided insufficient evidence to mitigate resulting security concerns. Eligibility for access to classified information is denied.


Financial

07/09/2009

Applicant is responsible for a financial delinquency of approximately $16,000. He has made one payment of $300 to resolve the debt but appears to lack the resources to continue to make timely payments to satisfy the delinquency. Applicant failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied. CASE NO: 08-10235.h1


Financial

07/09/2009

Applicant admitted owing more than $49,000 in delinquent debts. He claimed to have repaid one, documented no resolution concerning the other six, and provided insufficient evidence to mitigate resulting security concerns. Eligibility for access to classified information is denied.


Financial

07/09/2009

Applicant's evidence in mitigation is insufficient to carry his burden under the financial guideline. His claim he was never notified that the student loan debt was not discharged in bankruptcy is not credible. In addition, Applicant has not established that the utility account does not belong to him. Finally, Applicant did not provide any character evidence regarding his job performance or conduct away from the job. Eligibility for access to classified information is denied.


Financial

07/08/2009

Applicant owed eight accounts charged off or placed for collection, which totaled approximately $39,000. The debts have been or are being paid. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Foreign Influence

07/08/2009

Applicant presented sufficient information to mitigate the security concerns about his personal ties to his family members who are citizens of and reside in Taiwan and the Peoples Republic of China. Clearance is granted.


Financial

07/08/2009

Applicant's financial difficulties, and her inability or unwillingness to establish viable repayment plans with her creditors, render her an unsuitable candidate for access to classified information. Clearance denied.


Financial

07/07/2009

Applicant failed to mitigate the security concerns about his history of unpaid debts totaling more than $36,000. Of particular concern is his failure to pay any of his debts for up to nine years despite having the financial means to do so. Clearance is denied.


Financial

07/07/2009

Applicant has 21 accounts that have been placed for collection, which total in excess of $23,000. She has paid none of the debts. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial, Personal Conduct

07/07/2009

The Statement of Reasons alleges approximately $21,000 in delinquent debt, which started accruing seven years ago. Applicant provides for herself and one child and does not receive child support. She has paid 2 debts, but has taken no other steps to resolve the remaining 28 delinquencies. She hopes to pay her debts in the future, but currently cannot afford to do so. Applicant has not attended financial counseling or established payment plans. She also failed to disclose any delinquent debts when she completed her application for a public trust position. Her request to occupy a trustworthiness position is denied.


Guideline F

07/07/2009

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


Guideline F

07/07/2009

Applicant's admission established the government's case. The burden shifted to Applicant to explain or mitigate the security concerns arising from his financial situation. Adverse decision affirmed.


Foreign Influence

07/06/2009

The Applicant works in Iraq in support of the U.S.'s mission in that country. His relatives, who live in Iraq or Syria, have all formally applied to immigrate to the U.S. None of these relatives have any connection to any foreign government. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

07/06/2009

Applicant has had a long history of financial difficulties, and she has not resolved any of her overdue debts. She also knowingly supplied incomplete, untruthful information to the Government and was involved in criminal conduct. Mitigation has not been shown. A determination of trustworthiness and access to personal sensitive information is denied.


Financial

07/01/2009

Applicant has acted responsibly with regards to his delinquent debts. He has paid one creditor in full, and has made a good faith attempt to resolve the other two. In all other respects his financial situation is sound. Applicant is eligible for a security clearance. Clearance is granted.


Financial

06/30/2009

Applicant acquired 14 delinquent debts approximating $29,000 that were accrued during a period of unemployment/underemployment. She provided sufficient documentary evidence to show paid debts, settlements, documented negotiations, payment plans, and a viable budget. Clearance is granted.


Financial

06/30/2009

Applicant's statement of reasons (SOR) listed 20 debts totaling $144,233. He paid two debts totaling about $12,500. There were several duplications and disputed debts, leaving 10 undisputed, delinquent debts totaling $118,847 to resolve. Applicant failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Drugs

06/30/2009

Applicant used marijuana, ecstasy and cocaine. Her marijuana usage until February 2008 is too recent to be mitigated at this time. Eligibility for access to classified information is denied.


Finances

06/30/2009

Applicant accumulated a number of delinquent debts and does not provide any documented explanations of his debts or corrective steps he has taken to resolve them. Applicant fails to mitigate issues regarding his finances. Clearance is denied.


Financial

06/30/2009

Applicant's financial difficulties, and her failure to take effective steps to resolve them before the hearing, render her an unsuitable candidate for access to classified information. Clearance denied.


Financial

06/30/2009

Applicant is 30 years old, divorced twice with four children, and works for a defense contractor. He incurred 17 delinquent totaling $31,705. Applicant has not repaid 16 of these delinquent debts dating to 2002. He has an installment payment agreement for one debt. Applicant did not mitigate the financial considerations security concerns. Clearance is denied.


Financial

06/30/2009

Applicant's financial difficulties, and his inability to address them after regaining full-time employment in September 2008, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial; Personal Conduct

06/30/2009

From about March 2006 to February 2007, Applicant continued to accept public assistance knowing she was ineligible. She owes about $50,000 in delinquent debt that she has little prospect of resolving in the foreseeable future. Her failure to fully disclose her indebtedness on her security clearance application was due to misunderstanding and neglect of her financial obligations rather than to an intent to conceal. Financial and personal conduct concerns persist because of her financial irresponsibility and poor judgment in accepting welfare benefits when she was ineligible. Clearance is denied.


Financial

06/30/2009

Applicant had 21 debts totaling in excess of $44,000, which were placed for collection. Applicant provided documentation that: five debts have been paid, two disputed debts were removed from her credit report, the creditor cannot locate one debt, and her son is current on his monthly car payments. There is no evidence the remaining 12 debts, totaling in excess of $29,000, have been paid or are being paid. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied. CASE NO: 08-07549.h1


Financial; Personal Conduct

06/30/2009

Applicant admits to delinquent debts for credit cards, student loans, and to property management companies for damage to apartments he rented. He presented no information on attempts to settle or pay the debts. Applicant admitted to intentionally providing incomplete and inaccurate information concerning his finances on his security clearance application. Clearance is denied.


Drugs

06/30/2009

Applicant's positive changes in lifestyle—including a change in location and social network, execution of a sworn intent affidavit, and his abstinence from drug use demonstrated his intent to be drug free in the future. Clearance granted.


Foreign Influence

06/30/2009

This 46-year-old employee has not mitigated the security concerns under the foreign influence guideline because there is a heightened risk of pressure by the PRC to manipulate or pressure Applicant due to her close family ties to family members living in the PRC. Clearance is denied.


Foreign Preference; Foreign Influence

06/30/2009

Applicant (a naturalized U.S. citizen) has immediate family members (his father, two sisters and a brother) who are residents and citizens of Lebanon. Raised security concerns under Guideline C based on Applicant's retention of his expired Lebanese passport are mitigated as the result of his post-hearing requested expression of an intention to renounce his Lebanese citizenship and surrender of his expired Lebanese passport to his FSO. Applicant's limited personal contacts with his immediate family members in Lebanon, his lack of any economic interests in Lebanon, his demonstrated commitment to the strategic interests of the U.S. and the manageable nature of Lebanon's political/security/economic situation, enable him to mitigate any potential risk to undue foreign influence concerns under Guideline B. Clearance is granted.


Financial

06/30/2009

Applicant incurred debt consisting of student loans and credit cards. He was unable to find employment in his chosen field because of a medical condition but he did work. He paid off three of the debts, is current with payments towards his largest debt which is a student loan, has a settlement agreement to pay the one remaining credit card debt in the next month, and will shortly start to pay the two remaining student loan accounts. Applicant established a meaningful track record of debt payments and mitigated security concerns for finances.


Financial; Personal Conduct

06/30/2009

Applicant is responsible for unresolved financial delinquencies resulting from a failed business venture. He deliberately falsified his security clearance application by failing to acknowledge and report the delinquent debts. He lacks a coherent and timely plan to resolve his debts, and he has failed to mitigate security concerns arising under the Financial Considerations and Personal Conduct adjudicative guidelines. Clearance is denied. CASE NO: 08-04836.h1


Financial; Personal Conduct

06/30/2009

Applicant's mother stole her identity and incurred significant delinquent debt in Applicant's name. While Applicant has not taken action to clear up her credit report and to protect her identity from further abuse, she has demonstrated that she and her husband are financially stable despite these debts. She did not intend to falsify her security clearance application by omitting the delinquent accounts in response to questions 28(a) and 28(b). The personal conduct and financial considerations concerns are found for Applicant. Clearance is granted.


Financial

06/30/2009

Applicant's financial difficulties, and his unwillingness or inability to address them after obtaining full-time employment in July 2004, render him an unsuitable candidate for access to classified information. Record did not support disqualification for alleged falsifications or criminal conduct. Clearance denied.


Drugs; Criminal Conduct

06/29/2009

This 30-year-old employee has mitigated the security concerns under the drug involvement and criminal conduct guidelines by the circumstances, infrequency of use, and demonstrated intent not to abuse any drugs in the future. Applicant admitted using marijuana from 1996 until May 2008 approximately 100 times. He stopped using marijuana in May 2008. Clearance is granted.


Financial; Personal Conduct

06/29/2009

Applicant acquired significant delinquent debt following a series of emergency hospitalizations in 2008. He is in timely repayment on a tax lien. While these issues have been explained, no evidence was presented concerning the other half of Applicant's total delinquent debt, representing about $18,000. While financial security concerns remain unmitigated, his statements indicate he was not intending to mislead when he answered questions regarding his finances on his security clearance application. Clearance is denied.


Drugs

06/29/2009

Applicant failed to mitigate the security concern caused by his 34-year history of illegal use of marijuana. Clearance is denied.


Financial; Personal Conduct

06/29/2009

Applicant incurred ten debts from 2004 2009, nine of which totaled $12,315.00. 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 acted responsibly. Additionally, Applicant falsified his security clearance application denying the existence of those debts. Applicant has not mitigated financial considerations and personal conduct concerns. Clearance is denied.


Financial

06/29/2009

Applicant mitigated the security concerns raised under Guideline F that arose as a result of overspending and financial mismanagement. He presented sufficient evidence of good-faith efforts to resolve his two delinquent debts, totaling about $12,000. Clearance is granted.


Handing Protected Information; Personal Conduct

06/29/2009

Applicant is 74 years old. He has served honorably as a military officer, Defense Department Employee and worked for a federal contractor for more than 50 years. During a time when he was experiencing medical problems, he was also trying to take care of his dying wife at home. As he was under pressure to complete a project he brought home a confidential document in violation of security rules. This was a one time aberration in an otherwise stellar career. I find he has mitigated the security concerns under the guidelines for Handling Protected Information and Personal Conduct. Clearance is granted.


Financial

06/29/2009

Applicant accumulated five delinquent debts totaling $16,184.00. He provided insufficient documentary evidence to show paid debts, settlements, documented negotiations, payment plans, budgets, or financial assistance/counseling. Clearance is denied.


Drugs; Alcohol

06/29/2009

Applicant is a 51-year-old employee with a long history of substance abuse, involving both drugs and alcohol. He did not present sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial; Personal Conduct

06/29/2009

Throughout his marriage, Applicant tried to manage his wife's excessive spending. Between 2002 and 2006, he acquired a large amount of delinquent debt assuming responsibility for her multiple automotive purchases. Now separated, Applicant is living within his means, received financial counseling, and made significant initial strides in addressing his delinquent debt. Eligibility for access to sensitive information is granted.


Guideline B; Guideline C; Guideline M

06/29/2009

The Board's April 16, 2009 decision remanded the case for the Judge to consider additional evidence. The additional evidence consisted of four pages: two pages from April and two pages from February 2009. The Judge's Remand Decision states that the new evidence is a two page document. The two pages from April are in the evidentiary file. However, the two pages from February are not in the file. Adverse decision remanded.


Drugs; Personal Conduct

06/29/2009

Applicant used cannabis with an older boyfriend during her late teenage years. When completing her security clearance application, her father, a career military intelligence professional, advised her to deny drug use based on her statement to him that she had tried marijuana a few times years earlier. She thereafter honestly admitted her use during the security clearance investigation, and there was no other evidence of it. She persuasively established her intent not to abuse any drugs in the future, and to honestly report security-related matters. Eligibility for access to classified information is granted.


Guideline H; Guideline E

06/29/2009

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


Foreign Preference

06/29/2009

Applicant's having held a Polish passport and dual citizenship with the U.S. and Poland raised Foreign Preference concerns. Applicant expressed a willingness to renounce her Polish citizenship and submitted documentation that her Polish passport had been destroyed. Applicant successfully mitigated foreign preference security concerns. Clearance is granted.


Financial

06/26/2009

Applicant's financial problems started after he was injured on the job in April 2004. He paid down credit card balances with a sizeable insurance settlement received in early 2007, but he fell behind on several accounts. Subsequent difficulties finding full- time employment hampered his ability to address those debts, and repayment of delinquent property taxes has taken priority since January 2009. He intends to resolve his delinquent debts once he is in a position to do so. Clearance is granted.


Financial Considerations

06/26/2009

Security concerns were raised because Applicant's real estate investments failed as a result of a downturn in the real estate market resulting in mortgage foreclosures. Applicant's other financial obligations were current. His recent Chapter 7 bankruptcy filing is a reasonable step to deal with the amounts owed after the mortgage foreclosures. Clearance is granted.


Finances

06/26/2009

Applicant owes in excess of $18,000 in personal debt. She did not present sufficient information to mitigate the resulting security concerns about her finances. Clearance is denied.


Financial

06/26/2009

Applicant admits responsibility for a federal tax lien of $18,000 as well as other long-standing delinquent debts. He also reports a monthly net remainder of $2,500. He lacks a consistent plan to resolve his debts, and he has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Financial; Psychological Conditions

06/26/2009

Applicant is 42 years old and works for a defense contractor. In the past three years, he accumulated a significant amount of debt that he failed to timely address or document that he addressed, including unpaid child support and a defaulted student loan. He did not provide information that he is complying with his psychiatrist's recommended treatment. He failed to mitigate the security concerns arising under Guideline F and Guideline I. Clearance is denied.


Financial; Personal Conduct

06/26/2009

Applicant recovered from bankruptcy in 1995. However, a combination of factors caused subsequent debts to accrue. His remarriage increased his family size to 12 and he is the sole provider. He currently works three jobs. A reorganization by his employer in 2000 significantly decreased his pay. After selling his home in 2002, he used the proceeds to pay a substantial amount of debt. Several years later, he lost his job due to a restructuring. He used his severance package to pay two debts, and to continue his payments on the last past-due debt. Applicant has demonstrated a good-faith effort to resolve his financial obligations. He did not intentionally falsify his security clearance application concerning his debts because he disclosed his bankruptcy, a repossession and a garnishment, providing notice that finances were a security concern. Clearance is granted.


Financial; Personal Conduct

06/26/2009

Applicant has accumulated 18 separate debts totaling $51,000.00. These debts occurred during a long term relationship she had with her former fianc‚. During the course of their relationship, many of their debts and household expenses were comingled. Applicant addressed each any every debt alleged and has mitigated them through settlement and/or payment, or good-faith dispute. She also mitigated falsification concerns stemming from her failure to list debts past 180 days due on her security clearance application. Eligibility for a public trust position is granted.


Foreign Influence

06/26/2009

Applicant failed to mitigate the security concern that arises from his relatives residence in Lebanon and his frequent travels to that country to visit with them. Clearance is denied.


Financial

06/25/2009

The Applicant has not yet made a serious attempt to pay off his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Guideline B: Guideline E

06/25/2009

There is a presumption of good faith and regularity on the part of DOHA judges as they engage in the process of deciding cases. The presumption has not been overcome in this case. Conduct not charged in the SOR may be considered for assessing an applicant's credibility. Adverse decision affirmed.


Drugs; Personal Conduct; Criminal Conduct

06/25/2009

Applicant is 35 years old and works for a federal contractor. He was arrested for drug possession a month before he completed his security clearance application and failed to divulge the information. He failed to mitigate the security concerns raised under the Guidelines for Drug Involvement, Personal Conduct and Criminal Conduct. Clearance is denied.


Guideline F

06/25/2009

Applicant failed to file federal income taxes from 2001 through 2006 and state income taxes from 1992 through 2006. Adverse decision affirmed.


Guideline J; Guideline D; Guideline B

06/25/2009

Army CID report is an official record for the purposes of E3.1.20 of the Directive. Because such a report is admissible without an authenticating witness, Applicant was not denied any right of confrontation under E3.1.22 of the Directive. Adverse decision affirmed.


Drugs; Criminal Conduct

06/24/2009

Applicant used marijuana from January 2002 until November 26, 2008. He was charged with possession of marijuana on August 8, 2008. He was convicted of that offense in or about October 2008, and placed on six months unsupervised probation. Applicant failed to mitigate the security concerns created by his abuse of marijuana. Clearance is denied.


Drugs; Personal Conduct

06/24/2009

Applicant is a 31-year-old employee of a defense contractor. He used illegal drugs while holding a security clearance and intentionally falsified three separate Security Clearance Applications regarding his usage. Clearance is denied.


Financial

06/24/2009

Applicant has had significant long overdue debts. He has only recently begun to resolve the smallest of these debts, but he has not made a good faith attempt to resolve the larger and more significant debts. Mitigation has not been shown. Clearance is denied.


Financial Considerations

06/24/2009

Security concerns are raised pertaining to Applicant's history of financial irresponsibility as evidenced by five delinquent accounts, an approximate total balance of $24,756. Applicant's financial problems were partially caused by several periods of unemployment he and his wife encountered over the last several years. While he states that he is making payments towards three of the accounts, he provided no proof to corroborate his assertions. He admits that his monthly expenses remain more than his monthly income. He has not met his burden to mitigate the concerns raised under financial considerations. Clearance is denied.


Foreign Influence

06/24/2009

Applicant did not present sufficient information to mitigate the security concerns about his personal ties to his family members who are citizens of and reside in Iran. Clearance is denied.


Financial

06/24/2009

Applicant is a 49-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns raised by her history of delinquent debts. Clearance is denied.


Criminal Conduct; Personal Conduct; Alcohol

06/24/2009

While Applicant mitigated security concerns under Guideline G, she failed to mitigate security concerns under Guideline J and Guideline E. Clearance is denied.


Personal Conduct

06/24/2009

This 55-year-old employee has not mitigated the security concerns under the personal conduct guideline. Applicant intentionally falsified his 2004 security clearance application. He answered "no" to Question 20 concerning his employment history. He did not list that he resigned before termination or that he left under unfavorable circumstances. Clearance is denied.


Drugs; Personal Conduct

06/23/2009

Applicant used marijuana and cocaine while holding a security clearance. He failed to disclose his drug abuse on his 2008 security clearance application and to an Office of Personnel Management (OPM) investigator. Applicant failed to mitigate security concerns arising from drug involvement and personal conduct. Eligibility for access to classified information is denied.


Financial

06/23/2009

Applicant has acted responsibly with regards to his sole delinquent debt. He has made payment arrangements with the creditor, and is fulfilling them. In all other respects his financial situation is sound. Applicant is eligible for a security clearance. Clearance is granted.


Financial

06/23/2009

Applicant turned his attention to resolving his financial delinquencies, which were long-standing, after he received the Statement of Reasons. He provided proof of payment for three of his nine delinquent debts. While his actions to pay his debts are laudable, he did not provide a track record of timely and reliable resolution of his financial delinquencies, thereby failing to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Financial

06/23/2009

This 44-year-old employee of a defense contractor has not mitigated the security concerns under the financial considerations guideline. Applicant has delinquent debt that is unresolved. He has no plan to resolve his debt. Clearance is denied.


Financial

06/23/2009

Applicant has accumulated $110,000 in credit card debt and $200,000 in student loans over the past several years. Although he is paying on some of the debts, he failed to mitigate the security concerns raised under Guideline F. Eligibility for access to classified information is denied.


Financial

06/23/2009

Applicant is 60 years old, divorced, and works for a defense contractor. While married to his third wife from 1984 to 2006, he accumulated 11 delinquent debts totaling $51,015. Many of his debts were discharged in Chapter 7 bankruptcy in 1996. He continued to incur delinquent debts after that discharge. He has five unresolved state tax liens. He did not file his 2002 and 2004 Federal income tax return. Applicant disengaged himself from his finances after he gave his third wife a general power of attorney to handle the finances. After becoming aware of his financial problems, he took no action to resolve them; instead believing she will pay the debts someday. Clearance is denied.


Financial; Personal Conduct

06/23/2009

Applicant is a 44-year old veteran, who was medically discharged from the U.S. Army after an injury. As a part of his August 2007 divorce decree from his second marriage, he accumulated a significant amount of debt that he is slowly resolving. He has paid some of the debt and is investigating other debts. He presented sufficient evidence of his good-faith efforts to resolve the delinquent debts. He did not intentionally fail to disclose information about the debts in his security clearance application. He mitigated the security concerns raised under Guideline F and Guideline E. Clearance is granted.


Criminal Conduct; Personal Conduct

06/23/2009

Applicant stole books on a dozen occasions from a bookstore from February to July 2006. After he was arrested in July 2006, he fully disclosed his conduct, received counseling, paid restitution, successfully completed his probation, and did everything reasonable to establish his rehabilitation. Applicant mitigated security concerns arising from personal conduct and criminal conduct. Eligibility for access to classified information is granted.


Financial; Personal Conduct

06/23/2009

Applicant was laid off from her job in 2002. She remained unemployed for a year. During that time, several debts became delinquent. Of the 10 delinquent debts at issue, Applicant paid one and disputed one, while the rest remained unaddressed. While she presented sufficiently credible testimony as to why she denied having these delinquent debts on her application for a public trust position, she failed to mitigate financial considerations trustworthiness concerns. Access to sensitive information is denied


Financial

06/23/2009

Several of Applicant's debts initially became delinquent due to circumstances beyond his control. Recently, he demonstrated a meaningful track record of debt repayment. He mitigated the financial considerations security concerns. Access to classified information is granted.


Financial

06/22/2009

The Statement of Reasons alleges approximately $12,000 in delinquent debt, which started accruing in 2002. Applicant filed a chapter 7 bankruptcy petition, but it is unclear which SOR debts are included. As the petition has been filed recently, it is unknown whether or not it will be discharged. Before receiving the SOR, Applicant had made no efforts to resolve her delinquent debts. Applicant has failed to allay the government's security concerns under Guideline F. Clearance is denied.


Foreign Preference

06/22/2009

Applicant was born in Canada. He came to the United States in 1984 to attend school and decided to stay. He became a U.S. citizen in 2007. He maintained and used a Canadian passport while a U.S. citizen, but the passport has been destroyed and he does not intend to renew it. He is willing to renounce his Canadian citizenship. He has mitigated the Foreign Preference security concerns. Clearance is granted.


Financial

06/22/2009

Applicant accumulated a number of credit card-related debts and petitioned for Chapter 7 bankruptcy in 2004, and received his discharge the same year. During the pendency of his bankruptcy he contracted to purchase an investment property with no money down. When neither his busines partner nor himself could make any more payments on the property, the first mortgage holder foreclosed non-judicially in early 2007. Whether the second lender has any deficiiency entitlement is unclear. Applicant's documentation is insufficient to absorb risks of deficiency exposure and recurrence of fiinancial difficulties in the foreseeable future. Clearance is denied.


Financial

06/22/2009

Applicant is a 28-year-old doctoral candidate who worked her way through college. Higher education costs exceeded her income and debt was acquired. In addition, her student loans became due prematurely and her request for forbearance was denied. Applicant has a demonstrated history of satisfying her obligations, is addressing her current debts with the help of a financial counselor, lives a modest and parsimonious life, and has less student debt than similarly situated doctoral candidates. Her new position pays sufficient salary to enable her to address her remaining debt. Applicant mitigated Guideline F security concerns. Clearance is granted.


Financial

06/22/2009

Several of Applicant's debts became delinquent due to circumstances beyond his control. After he received his current employment, he demonstrated a meaningful track record of debt repayment. He mitigated the financial considerations security concerns. Access to classified information is granted.


Drugs, Alcohol, Criminal Conduct, and Personal Conduct

06/22/2009

Applicant is a 26-year-old employee of a federal contractor. He did not present sufficient evidence to explain, extenuate, or mitigate the security concerns raised by his history of misbehavior involving drug abuse, alcohol abuse, criminal conduct, and traffic offenses. Clearance is denied.


Financial Considerations, Personal Conduct

06/22/2009

During her marriage, Applicant and her husband incurred significant debt which led to filing a Chapter 13 bankruptcy. They paid under the wager earners plan for a period of time, but stopped before it was completed. Following her separation, she worked sporadically until two years ago. She has lacked medical insurance for some time. While her current expenses are paid, she has not provided evidence that she resolved any of her older debts. She did not intentionally falsify her SF-85P. She has not mitigated the government's security concerns under Guideline F, but she has mitigated the government's security concerns under Guideline E. Clearance is denied.


Drug Involvement, Personal Conduct

06/22/2009

Applicant used numerous drugs over the past three decades. He used marijuana between 1970 and 2002, and cocaine between 1986 and 2002. He purchased both marijuana and cocaine. He used both drugs one time after he was granted a security clearance in 2001 or 2002. He has discontinued use of illegal drugs, but still associates with friends with whom he used them, and still attends an event where he has used illegal drugs in the past. His failure to disclose his use of illegal drugs after receiving a security clearance was not deliberate. His abstinence over the past seven years does not outweigh his 30 years of illegal drug use, 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

06/22/2009

The Judge found against Applicant on one SOR allegation: a $62,000 child support delinquent debt for which Applicant offered multiple explanations. The Judge also found that Applicant is not current on his state and federal income taxes. Adverse decision affirmed.


Foreign Influence; Foreign Preference

06/22/2009

Applicant's father, a citizen and resident of Taiwan, works and resides in the People's Republic of China (China) for more than six months each year. Applicant failed to mitigate the security concern that arises from his father's divided residence and employment between Taiwan and China. Clearance is denied.


Financial Considerations, Personal Conduct

06/22/2009

Applicant's debt problems have existed over a significant period of time. Recently, he paid several of his small outstanding debts. However, when his wife lost her job and he stopped traveling, household income decreased significantly. He pays his monthly expenses, but has no financial resources to pay his old debts. When he completed his security clearance application, he did not disclose the existence of debts currently unpaid for 90 days or more, which he knew he had. Applicant has not mitigated the government's security concerns regarding his finances and his personal conduct. Clearance is denied.


Sexual Behavior; Personal Conduct

06/22/2009

Applicant is a 54-year-old employee of a defense contractor. He has a long history of incidents of indecent exposure, exhibitionism, and masturbating in public and/or inappropriate places. Clearance is denied.


Personal Conduct; Use of Information Technology Systems

06/22/2009

In the 1990s, Applicant downloaded approximately 500 pornographic images on his government-issued computers, while employed in a sensitive, important government position. In 2008 he made two statements, in which he denied that he used his government computer to view pornography. Applicant mitigated the security concern about his misuse of a government information technology system because this misuse was not recent and is unlikely to recur. However, he failed to mitigate personal conduct security concerns related to making false statements in 2008. Eligibility for access to classified information is denied.


Guideline J; Guideline M

06/22/2009

The Judge's controverted findings are supported by substantial evidence. Adverse decision affirmed.


Financial

06/19/2009

Applicant repaid some of his delinquent debt, but did not demonstrate his ability to repay more than $90,000 in remaining delinquent debt. He provided insufficient evidence to mitigate resulting security concerns. Eligibility for access to classified information is denied.


Financial

06/19/2009

Applicant signed a home loan for her son, who failed to make the payments. She contacted the lender, obtained approval for a short sale, and has contracted to sell the home. Clearance is granted.


Financial

06/19/2009

Applicant failed to mitigate the security concern created by his debts that have remained delinquent for many years. He received a Chapter 7 bankruptcy discharge in March 2001. He quickly thereafter accumulated numerous delinquent accounts which he has failed to take any meaningful action to resolve.


Financial Considerations; Personal Conduct

06/19/2009

Applicant's statement of reasons (SOR) listed 17 debts totaling $24,767. She stated one debt was over seven years old, a $42 debt was paid, and one debt was in a payment plan. The other debts were admitted, but not resolved. She failed to disclose her delinquent debts on her security clearance application. Applicant failed to mitigate financial considerations and personal conduct security concerns. Eligibility for access to classified information is denied.


Financial; Criminal Conduct; Personal Conduct

06/19/2009

Applicant was discharged from the Navy with an Other than Honorable Discharge after being punished for disrespect to a superior petty officer, drunk driving, and being drunk on duty, and being convicted by civil authorities of driving under the influence. He filed a Chapter 13 bankruptcy petition in November 2006, but it was dismissed before the payment plan was completed. Thereafter, he accumulated numerous additional delinquent debts. He deliberately failed to disclose the extent of his criminal record and financial delinquencies on his security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence

06/18/2009

Applicant is a 58 year-old naturalized United States citizen, who was born in the Ukraine and immigrated to Israel in 1969. He became a permanent resident in the United Sates in 1982, and a United States citizen in 1995. His daughter is a United States citizen and resident, and his son is a U.S. resident. Applicant's sister, niece and nephew are citizens and residents of Israel. 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 has recently renounced his Israeli citizenship. Mitigation has been shown. Clearance is granted.


Financial; Personal conduct

06/17/2009

The Applicant has yet to address three outstanding debts, totaling in excess of $2,000. However, he did not intentionally falsify his e-QIP in response to questions concerning his delinquent financial history. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

06/17/2009

The Applicant has not yet made a serious attempt to pay any of her significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Foreign Preference; Foreign Influence

06/17/2009

In 1993, Applicant immigrated to the United States from Turkey. He became a U.S. citizen in May 2000. Applicant retains a Turkish identification card that he used in 2005 to purchase real estate in Turkey. He renovated the property, which is now worth $180,000 or more. Since December 2003, he has admirably served as a translator for the U.S. forces in Iraq. He can be expected to resolve any conflict of interest in favor of U.S. interests. Foreign preference and foreign influence security concerns are mitigated.


Financial

06/17/2009

Applicant's financial problems started after a job layoff in 2001. Efforts to resolve his delinquent debts and to meet his other financial obligations, including court-ordered child and spousal support, are sufficient to mitigate the financial concerns. Clearance is granted.


Financial

06/17/2009

Applicant is a 46-year old veteran, who retired from the U.S. Army after a very successful career. Since the late 1990's, he accumulated a significant amount of debt that he discharged and resolved through a bankruptcy in 1999. Subsequently, he accrued delinquent debt that he began resolving in November 2007. He has paid all but about $14,000. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial Considerations

06/17/2009

Applicant mitigated the security concern that was created by the delinquent debts he accumulated following his wife's loss of employment. He has resolved most of those debts and has taken meaningful steps to resolve others. He is well on his way to resuming a financially stable lifestyle.


Financial

06/17/2009

Applicant has had a history of financial difficulties. He has not yet resolved most of his overdue debts, and the evidence has not established that his financial situation is stable and current. Mitigation has been not been shown. Clearance is denied.


Financial Considerations

06/16/2009

Applicant (a highly regarded software engineer) accumulated delinquent debts following his divorce, his loss of his dual income, and imposed child support and alimony by the family court presiding over his divorce. Applicant worked out satisfactory payment arrangements with his two larges creditors and has made concerted, good-faith efforts to resolve his third debt. Applicant mitigates security concerns associated with his finances. Clearance is granted


Financial

06/16/2009

Applicant is 59 years old and is employed for a defense contractor. Her history of delinquent debts has been mitigated by a good faith effort to resolve her financial indebtedness. She has paid off some of her debts and has set up payment plans that she is following to pay off the rest. She understands that she must be fiscally responsible at all times. Clearance is granted.


Alcohol; Drugs

06/16/2009

Applicant is 45 years old and is employed for a defense contractor. He has a history of excessive alcohol abuse resulting in three alcohol-related arrests. Although he has attended court-ordered alcohol treatment, he continues to consume alcohol and has presented no evidence to demonstrate a pattern of abstinence or responsible use. During this period, he has also abused illegal drugs including marijuana and cocaine. He contends that he stopped using illegal drugs in 2006, but has provided no convincing evidence to support a drug free lifestyle. Applicant's failure to mitigate his excessive alcohol consumption and illegal drug use raises security concerns. Clearance is denied.


Financial; Drugs

06/16/2009

Applicant moved to a major metropolitan area to further a career in photography. He got involved with celebrity photo shoots, where drugs were often abused. When given an ultimatum by his girlfriend to quit illegal drugs or end their relationship, he quit drugs, moved home, married his girlfriend, fathered a child, repaired his finances, curtailed all contact with his former associates and drug abusers, started a successful career with a local company, integrated himself into his community, and became active in both a local church and a civic organization. This was all diligently accomplished in two and half years with no indications of relapse or withdrawal. Blood tests and counseling support the conclusion he remains drug-free. Clearance is granted.


Guideline E; Guideline F

06/16/2009

The Judge overlooked significant evidence in concluding that Applicant did not falsify his time sheets While a Judge's credibility determinations are entitled to deference, such a determination does not relieve the Judge of the obligation to decide how much weight can properly be give to an applicant's testimony in light of the record evidence as a whole. There is no prohibition in the Directive against considering security-related conduct merely because a previous employer chose not to pursue it in a particular forum. Favorable decision reversed.


Financial

06/15/2009

Applicant is 47 years old and works for a federal contractor. Her husband is a realtor and the economy has affected his income and their ability to pay their mortgage. They defaulted on their mortgage and were able to negotiate a modification to refinance the amount of the loan and arrearages. They will begin paying on their new mortgage next month. Applicant and her husband had other financial issues that they have resolved, but continue to live close to their financial means. Applicant has mitigated the security concern under Guideline F, Financial Considerations. Clearance is granted.


Guideline F; Guideline E

06/15/2009

The Judge's finding that Applicant knowingly falsified his security clearance application is sustainable. There is a rebuttable presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Personal Conduct

06/15/2009

Applicant is a 29-year-old employee of a federal contractor. He gave deliberately false answers by understating the full extent of his illegal drug use. His attempts to reconcile his contradictory statements were not persuasive. Clearance is denied.


Financial Considerations

06/15/2009

Applicant failed to mitigate the security concern created by his debts that have remained delinquent for many years. He failed to take any action to resolve most of the debts listed in the Statement of Reasons, and his testimony and the evidence he presented gives little reason to anticipate he will resolve those debts in the foreseeable future.


Financial

06/15/2009

Applicant is 38 years old and has more than $30,000 in delinquent debt. She has been aware of the debts for a significant period of time and promised to resolve it. She has not paid the debts or taken action to dispute or resolve it. Applicant failed to mitigate the Financial Considerations trustworthiness concerns. Eligibility to access sensitive information is denied.


Guideline F; Guideline E

06/15/2009

Applicant submitted new evidence on appeal, which the Board cannot consider. Applicant has not demonstrated that the Judge's decision is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline F

06/15/2009

Judge's decision that Applicant had failed to mitigate the Guideline F security concerns in his case was sustainable. Adverse decision affirmed.


Criminal Conduct, Alcohol Consumption

06/15/2009

Between 1979 and 2005, the police arrested Applicant six times for driving under the influence or while intoxicated. Applicant stopped drinking alcohol in 1988 following a treatment program. He resumed drinking in 1990. By 2006, he realized he needed to stop drinking alcohol and sought treatment. He last consumed alcohol in 2006. He completed the requirements of an inpatient treatment program and the initial outpatient intensive treatment program He regularly attends Alcoholics Anonymous and is committed to remaining sober. His fiancee, program manager and sister confirm that he is not drinking alcohol. All his criminal conduct relates to his alcohol consumption. He has mitigated the government's security concerns about his alcohol consumption under Guideline G and criminal conduct under Guideline J. Clearance is granted.


Criminal Conduct; Alcohol

06/15/2009

Applicant's criminal conduct, including his refusal to take three breath tests associated with his alcohol-related arrests, has not been mitigated because there is residual doubt that he fully accepts his criminal behavior. Applicant's reduced consumption of alcohol after 2001 warrants a finding in his favor under the alcohol guideline. Eligibility for access to classified information is denied.


Foreign Influence; Financial; Personal Conduct

06/15/2009

Applicant mitigated the security concerns posed by his foreign relatives, financial delinquencies, and omissions from his security clearance application. Clearance is granted.


Financial

06/12/2009

The Applicant has not yet made a serious attempt to pay any of her significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial Considerations

06/11/2009

Applicant failed to mitigate the security concerns that arise from her numerous delinquent debts that remain unsatisfied.


Drugs

06/11/2009

Applicant is a 25-year-old employee of a federal contractor. He has a history of drug abuse (mostly marijuana) from about July 2000 to April 2008, all of which occurred when he was a student and before his employment in the defense industry. The evidence in mitigation establishes a demonstrated intent not to abuse any drugs in the future. Clearance is granted.


Financial

06/11/2009

Applicant is 30 years old and made some poor financial choices after she graduated from college that forced her to file for bankruptcy. She then experienced two lengthy periods of time when she was on disability due to unexpected medical conditions. She got behind in paying her bills. Once she was released from disability and earning her full salary she repaid her delinquent debts and established payment plans for the remaining debts. Applicant has mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Financial Considerations

06/11/2009

Applicant's eight year naval service, his two year performance for a government contractor, and his efforts to resolve his financial problems before receipt of the SOR show some reliability, judgment, and willingness to comply with rules and regulations. He is now in a stable relationship and has a stable job. I believe Applicant has learned from his past mistakes and, in the future, will be able to live within his financial means. He mitigated the financial considerations security concerns. Eligibility for access to classified information is granted.


Financial

06/10/2009

Applicant is 34 years old and was laid off by his employer in August 2006. He received a year of severance pay, which was half of what he had earned. He decided to go back to school and finish his college degree. When the severance pay ran out he opted to continue school and was late in paying his bills. He and his wife are both employed full-time. He has payment plans to resolve his delinquent debts and is caught up with payments on his other debts. Applicant has mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Financial Considerations; Alcohol Consumption

06/10/2009

Applicant mitigated the security concern that was alleged as a result of his January 2008 alcohol-related driving offense. However, he failed to mitigate the security concern that still exists due to his ongoing financial problems.


Foreign Influence

06/10/2009

Applicant, who was born and raised in the Kingdom of Saudi Arabia, works for a defense contractor. He is a U.S. citizen. His former wife and children reside in the U.S. and are U.S. citizens. His mother, three brothers and two sisters are citizens of and reside in Saudi Arabia. A third sister lives and works in the U.S. and is a U.S. citizen. He visited his mother and family members in 2005 and again in 2008. Two brothers work in government funded hospitals and the remaining family members do not work. Applicant maintains a normal relationship with his family members. He has mitigated the government's security concerns about his foreign influence. Eligibility for a security clearance is granted.


Financial

06/10/2009

Applicant mitigated the financial considerations security concerns. He has demonstrated a meaningful track record of debt repayment. He paid six of nine statement of reason (SOR) debts. One SOR debt is in a current payment plan. One debt is in litigation, and one debt has not yet been adequately addressed. Other debts were paid or are in current payment plans. He credibly promised to pay his debts. Access to classified information is granted.


Guideline F

06/10/2009

The Judge's conclusion that Applicant should have been aware of the incredible risks involved in becoming a "straw buyer" for three homes in foreclosure and the Judge's conclusion that Applicant's judgment was swayed by the temptation of easy money are supported by the record. Adverse decision affirmed.


Criminal Conduct; Sexual Behavior

06/10/2009

The government established a prima facie case to raise concerns under the criminal conduct and sexual behavior guidelines based on Applicant's arrest for two counts of sexual battery and two counts of indecent liberties. Applicant had the burden to mitigate the concerns raised. He did not provide sufficient evidence to mitigate the concerns raised under criminal conduct and sexual behavior. Clearance is denied.


Foreign Preference; Foreign Influence

06/10/2009

Applicant does not have a preference of Colombia over the United States. She has destroyed her Colombian passport and expressed a credible intent to renounce her Colombian passport. She has mitigated her contacts with Colombia. Sufficient mitigation is shown. Clearance is granted.


Financial; Personal Conduct

06/10/2009

Applicant accumulated numerous delinquent debts that are not resolved. He disclosed two delinquent debts on his security clearance application, but he did not disclosed two debts arising from car repossessions even though he was aware of them. Clearance is denied.


Guideline F; Guideline J

06/10/2009

Applicant was arrested twice for assault and has numerous delinquent debts. Applicant's criminal conduct caused or threatened to cause harm to others, yet she did not express remorse. It was not clear from the record that Applicant's apparent inability to hold long-term employment was the result of a condition beyond her control. The Judge's adverse conclusions are sustainable. Adverse decision affirmed.


Financial; Personal Conduct

06/09/2009

Applicant is a 43-year-old employee of a defense contractor. He had periods of unemployment and underemployment after he retired from the Navy. He did not closely monitor his finances and some debts became delinquent. He has taken significant steps toward resolving his delinquent debts, and has mitigated any concerns about his finances. He did not falsify his Questionnaire for National Security Positions. Clearance is granted.


Financial

06/09/2009

Applicant is 38 years old and when he lost his job he got behind in paying his financial obligations. Since being employed he has steadily been paying off his delinquent debt and continues to live within his means. Applicant has mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Financial

06/08/2009

Applicant is 51 years old and employed as a Purchasing Representative by a defense contractor. Applicant has a history of excessive indebtedness that includes two Bankruptcies under Chapter 7. Sufficient mitigation has been shown. Clearance is granted.


Financial

06/08/2009

Applicant is a 25-year-old employee of a defense contractor. His student loans became delinquent when he was unemployed. He is now employed and has paid or settled the student loans. He has mitigated the Financial Considerations security concerns. Clearance is granted.


Financial; Criminal Conduct; Drugs; Personal Conduct

06/08/2009

Applicant did not mitigate concerns raised under financial considerations because Applicant has not attempted to resolve his delinquent accounts and did not provide proof that he was making payments towards his past-due child support. Criminal conduct and drug involvement concerns are not mitigated based on his criminal record and his 30-year history of daily marijuana use. Personal conduct concerns are not mitigated because of his deliberate omission of his illegal drug use on his security clearance questionnaire. Questions remain about Applicant's trustworthiness, reliability and good judgment. Clearance is denied.


Guideline F

06/08/2009

Applicant's response to the File of Relevant Material contained documentary evidence that Applicant had settled only one of 18 debts alleged in the Statement of Reasons. Adverse decision affirmed.


Drugs; Personal Conduct

06/08/2009

Applicant is 34 years old and employed as a Program Manager by a defense contractor. She has used marijuana, LSD and cocaine while in graduate school and as recently as 2006. She realizes her stupidity and mistakes of the past. She has redirected her life and no longer uses illegal drugs or associates with any drug users. She has signed a Statement of Intent and is committed to a drug free lifestyle. Sufficient rehabilitation and mitigation has been shown. Clearance is granted.


Financial

06/08/2009

Applicant is 58 years old and employed as a Aircraft Mechanic by a defense contractor. His series of illnesses, lay-offs and periods of unemployment caused his financial problems and excessive indebtedness. He has hired legal representation and recently filed Chapter 7 Bankruptcy to resolve his delinquent debt. Sufficient mitigation has been shown. Clearance is granted.


Guideline D; Guideline J

06/08/2009

The Judge found that Applicant had sexual intercourse with a girl he knew to be only 13 years old.. He will be on a sexual offender list until 2024. Adverse decision affirmed.


Foreign Influence

06/08/2009

Applicant is a government contractor. He was born in Lebanon, and became a naturalized United States citizen in 1996. All but one of his siblings reside in Lebanon, along with his mother. His family members are citizens of Lebanon. Applicant has accumulated a substantial net worth which he kept in a Lebanese and Turkish bank. He claims to have closed those accounts, but did not disclose where he deposited the money. Applicant did not mitigate the foreign influence security concerns. Clearance is denied.


Criminal Conduct; Personal Conduct

06/08/2009

Applicant is 47 years old and retired from the Navy in 2000. He was convicted of two felonies in 2005 of indecent liberties with his daughter. He served 11 months in jail and was placed on supervised probation for nine years and is required to register as a sex offender. Subsequent to his release from jail he was charged on two separate occasions for malicious wounding against his ex-wife and violating a protective order. Both charges were held "under advisement" and eventually were dismissed. Applicant has not mitigated the security concerns under Guideline J, Criminal Conduct and Guideline E, Personal Conduct. Clearance is denied.


Criminal Conduct; Alcohol Consumption

06/08/2009

This 44-year-old employee of a defense contractor has mitigated the security concerns under the criminal conduct and alcohol consumption guidelines. He had two alcohol-related driving charges (2004 and 2007). He completed a court ordered substance abuse program in 2008. Applicant has a good prognosis after his diagnosis as an alcohol abuser. He drinks very rarely. He attends AA. He has had no other legal problems Clearance is granted.


Financial; Personal Conduct

06/08/2009

This 57-year-old employee of a defense contractor has mitigated the security concerns under the personal conduct guideline because he did not intentionally falsify his 2004 security clearance application. He has mitigated the security concerns under the financial considerations guideline. He resolved his $45,4400 tax lien and paid two delinquent accounts. Clearance is granted.


Financial; Personal Conduct

06/05/2009

Applicant is 52 years old and married with two adult children. He is currently employed by a defense contractor. He filed Chapter 7 bankruptcy in 1998 and was discharged of his debts in 1999. Since then he accumulated 13 delinquent debts totaling $9,048 have not been paid or resolved. Applicant deliberately failed to disclose his delinquent debts on his security clearance application. Applicant did not mitigate the financial considerations and personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

06/05/2009

Applicant owed more than $66,000 in delinquent child support in January 2008 when he applied for a security clearance. He also had state tax liens for more than $3,700 in overpayment of unemployment compensation filed in 2003 and 2007. He repaid almost $4,300 of these debts through garnishment and payroll deduction starting in September 2008. He denied any delinquent debt on his security clearance application, and failed to mitigate resulting financial and personal conduct security concerns. Eligibility for access to classified information is denied.


Guideline F

06/05/2009

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


Guideline E; Guideline H

06/05/2009

The Judge found that Applicant had a bankruptcy in 2000 and has several delinquent debts now. Applicant answered no to questions on his security clearance application which asked if he has delinquent debts. Adverse decision affirmed.


Guideline J; Guideline G

06/05/2009

Department Counsel persuasively demonstrates that the Judge's decision fails to take into account substantial contrary record evidence. Favorable decision reversed.


Criminal Conduct; Drug Involvement

06/05/2009

Applicant commenced using marijuana when he was about 17. His criminal conduct continued repeatedly until 2005, and included multiple incidents of possession and use of drugs and drug paraphernalia, assaults, theft, and failure to appear in court. Arrests and judicial punishment failed to stem the tide of his criminal activities. Instead, he was emboldened by some relatively light fines, brief periods of confinement, probation, and mandated counseling, as well as some dismissals of charges. His most recent arrest resulted in supervised probation for three years, ending in March 2009. The voluntary continuation of such drug involvement and criminal conduct, even after he had been arrested on numerous occasions, punished, and required to attend group drug counseling, indicates judgment lapses and raises serious concerns which cannot be overlooked. Applicant has not established a "meaningful track record" of drug abstinence or steadfast compliance with the law. Applicant has failed to mitigate or overcome the Government's case. Eligibility for a public trust position is denied.


Guideline F

06/04/2009

Applicant made no allegation of harmful error. The Board does not review cases de novo. Adverse decision affirmed.


Guideline J; Guideline E

06/04/2009

Applicant was convicted of offenses arising from his manufacturing of illegal drugs and explosive devices. Applicant failed to demonstrate that the Judge mis-weighed the evidence or that he failed to consider the record evidence as a whole. Adverse decision affirmed.


Personal Conduct; Foreign Influence; Sexual Behavior

06/04/2009

Applicant conducted a clandestine extramarital affair with an Ecuadoran woman he met while serving there in 2002, returning to see her about twice a year and providing regular financial support. He concealed this information from his family and professional associates, and omitted any mention of her on his application to upgrade his clearance. Eligibility for access to classified information is revoked and denied.


Financial Considerations

06/04/2009

Concerns were raised under financial considerations because Applicant has four delinquent accounts totaling approximately $24,780. He resolved a $59 account and entered into a repayment agreement for another delinquent account. However, he failed to provide documentation that he was following the terms of the repayment agreement. Two other accounts remain unresolved. Applicant failed to provide sufficient evidence to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial Considerations

06/04/2009

Applicant's finances changed significantly when her husband became ill. Her husband sold his business and with the profit from the sale, she paid the large debt listed in the SOR. She has significant expenses each month, but pays her bills with the help of family members. She has mitigated the government's security concerns under Guideline F. Clearance is granted.


Financial

06/04/2009

The Statement of Reasons alleges more than $23,000 in delinquent debt, which started accruing approximately five years ago. Applicant's income did not keep up with the expenses of a growing family and he was unable to pay his debts. Several years ago he paid a company to help him resolve his debts, but the company failed to negotiate settlements and none of the debts were paid. He denies responsibility for several legitimate debts, including a state tax lien. Applicant has taken no recent steps to resolve his delinquencies. He stated that he might be able to pay his debts in a few years, and he would work on the debts if it would help him retain his security clearance. Applicant's attitude toward his debts indicates a lack of reliability and good judgment. He has failed to allay the government's security concerns under Guideline F. Clearance is denied.


Foreign Influence

06/04/2009

Applicant mitigated the foreign influence security concern generated by his Georgian wife and in-laws. Clearance is granted. CASE NO: 08-05777.h1


Foreign Preference; Foreign Influence

06/04/2009

Applicant has a close, emotional relationship with the State of Israel. She will not make a credible statement that she will renounce citizenship. Evidence does not show a preference for the United States over Israel. Applicant is not eligible for a security clearance. Clearance is denied.


Financial

06/04/2009

Applicant repaid some of his delinquent debts using an income tax refund, but did not demonstrate his ability to repay more than $21,000 in remaining delinquent debt. He provided insufficient evidence to mitigate resulting security concerns. Eligibility for access to classified information is denied.


Guideline F

06/04/2009

Department Counsel is not responsible for presenting evidence in extenuation or mitigation of an applicant's security concerns. Applicant bears responsibility for presenting his or her case. Adverse decision affirmed.


Alcohol Consumption; Criminal Conduct

06/03/2009

Applicant's two arrests for Driving Under the Influence of Alcohol in November 2006 and February 2008 raised security concerns under alcohol consumption and criminal conduct. A May 2008 citation for driving while his license was suspended raised further concerns under criminal conduct. Applicant mitigated security concerns based on his volunteering to attend an alcohol program prior to his court sentence. He was never formally diagnosed as an alcohol abuser or alcohol dependent. His increased level of alcohol use was a coping mechanism resulting from his 2006 divorce. There is no evidence his alcohol use interfered with his work. His outstanding 30-year military career and his outstanding 20-year career as a DoD contractor support the premise that Applicant's actions were a departure from his normal pattern of behavior. Applicant mitigated the security concerns raised under alcohol consumption and personal conduct. Clearance is granted.


Foreign Influence; Financial

06/03/2009

Applicant (a naturalized U.S. citizen) has immediate family members (her parents and siblings) who were born and raised in the PRC and Hong Kong, respectively, and are citizens of the of the PRC by virtue of Hong Kong's reversion to the PRC in 1997. Her family roots (influenced in part by Hong Kong's British culture before her immigration to the U.S. in 1991), her lack of any socioeconomic interests in the PRC, and her demonstrated commitment to the strategic interests of the U.S., enable her to mitigate any potential risk to undue foreign influence concerns under Guideline B. Raised security concerns under Guideline F based on Applicant's delinquent debts accumulated during her marriage and never resolved preclude her mitigation of financial concerns at this time. Clearance is denied.


Drugs; Personal Conduct

06/03/2009

Applicant used marijuana with varying frequency from about 1973 to at least August 2007, including while he held a security clearance, and he was diagnosed with marijuana dependence. He deliberately omitted his marijuana involvement from security clearance applications completed in January 2000 and August 2007 and during in-person interviews in October and November 2007. He misrepresented the extent of his abuse in his June 2008 response to interrogatories. Drug abuse and personal conduct concerns are not fully mitigated. Clearance is denied.


Financial

05/29/2009

Applicant is 43 years old and retired from the Air Force in 2005. After he retired he had difficulty finding a well paying job to supplement his retirement pay. He fell behind in his mortgage payments and tried to catch up, but he had difficulty paying his other bills. To save his house from foreclosure he filed for bankruptcy under Chapter 13. He is participating in a payment plan to pay all of his debts. Applicant has mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Drugs; Personal Conduct; Criminal Conduct

05/29/2009

Applicant was unable to mitigate his extensive and lengthy history of drug use and past criminal conduct. Additionally, he falsified his e-QIP by failing to disclose the full extent of his drug use and criminal conduct. Clearance is denied.


Drugs, Alcohol, Personal Conduct

05/29/2009

Applicant was unable to mitigate his extensive and lengthy history of drug and alcohol abuse. Additionally, he falsified his e-QIP by failing to disclose the full extent of his drug use. Clearance is denied.


Financial

05/29/2009

In 2004, Applicant exercised very poor judgment by misusing his employer's credit card for personal items. He was caught and fired. He regained employment fairly swiftly. In April 2007, he enrolled in a debt negotiating program, and has paid $370 a month into the plan since April 2007. In November 2007, he repaid his first delinquent account, and has paid three additional accounts since then. Because I am confidant Applicant will ultimately repay all overdue creditors, I find for Applicant under the financial guideline. Eligibility for access to classified information is granted.


Financial Considerations; Personal Conduct

05/29/2009

Applicant failed to mitigate the security concerns that arise from his outstanding delinquent debts and his failure to disclose those debts in the security clearance application he submitted on May 21, 2008.


Financial

05/29/2009

This 39-year-old employee for a defense contractor has mitigated the security concerns under the financial considerations guideline. She has paid the majority of her debts and is developing a repayment plan for two others. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct

05/29/2009

Applicant mitigated drug involvement security concerns because Applicant's most recent steroid use was in 2005. Security concerns related to drug involvement are mitigated. He deliberately failed to fully disclose the extent of his steroid use on his 2007 security clearance application. He failed to mitigate security concerns arising from personal conduct. Eligibility for access to classified information is denied.


Alcohol

05/29/2009

Applicant failed to mitigate security concerns stemming from more than 30 years of alcohol abuse. He continued to drink and drive after a DWI conviction in the early 1990s until February 2006, when he was suspended from work and charged with public intoxication for reporting to work intoxicated. He has continued to drink after being diagnosed as alcohol dependent by two alcohol treatment programs in 2006. Clearance is denied.


Financial

05/29/2009

Applicant's extensive financial delinquencies generates a security concern that he failed to mitigate at the hearing. Clearance is denied.


Foreign Influence; Foreign Preference

05/29/2009

Applicant, a native born U.S. citizen, did not present sufficient information to mitigate the security concerns about his personal ties to Israeli citizens and about his exercise of his Israeli citizenship, which includes ongoing possession and use of an active Israeli passport. Clearance is denied.


Foreign Influence; Financial

05/29/2009

Thirty-three-year-old Applicant, born in the U.S. to native-born U.S. citizens, not of Asian ancestry, fell in love and married a citizen of PRC. The wife's parents, both retired and on pension, are PRC citizens/residents. Applicant and his wife have resided in the U.S. since 2003, and she aspires to become a naturalized U.S. citizen. Although she has frequent internet contact with her parents, Applicant does not. A former member of the U.S. Army and the U.S. Marine Corps, he has deep and longstanding family, military, financial, and employment relationships and loyalties in the U.S. The heightened risk pertaining to Applicant's in-laws in the PRC has been mitigated. Also, he was unemployed for a period in 2006, and was confronted with no income and delinquent debts. He has subsequently established a "meaningful track record" of debt payments by actually paying off some of his delinquent SOR debts, setting up payment arrangements with others, and setting up his personal plan to avoid future financial difficulties. His actions in addressing his debts indicate good-faith efforts on his part, and show clear indications any such problem is now largely under control. Questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial; Personal Conduct

05/29/2009

Applicant incurred unpaid debts a few years ago. The mortgage debt is resolved and his present mortgage is current. He resolved two small medical bills, but has not provided proof that he resolved the remaining debts in the SOR. He did not intentionally falsify his answers to his security clearance application. Clearance is denied.


Financial, Personal Conduct

05/29/2009

While Applicant paid many of her delinquent debts after receiving the Statement of Reasons and before and after her security clearance hearing, she failed to demonstrate a track record of financial accountability and to show she had resolved her long-standing financial problems. Clearance is denied.


Financial; Personal Conduct

05/29/2009

Applicant, who accumulated a number of delinquent mortgage and consumer debts after parting ways with his girlfriend and incurring increased child support responsibilities, fails to mitigate financial concerns. Applicant also fails to refute or mitigate his debt omissions from his security clearance application. Clearance is denied.


Foreign Preference; Foreign Influence

05/29/2009

Applicant is 29 years old and has worked for a federal contractor since 2006. Applicant exercised dual citizenship status when he obtained an Iranian passport and used it to travel to Iran. He has since surrendered his Iranian passport. His wife and son are dual citizens of the U.S. and Iran and travel to Iran on their Iranian passports. Applicant and his wife maintain close contacts with her family in Iran. Applicant has mitigated the security concerns under the guideline for Foreign Preference, but failed to mitigate the security concerns under the guideline for Foreign Influence. Clearance is denied.


Foreign Preference; Foreign Influence

05/29/2009

Applicant's surrender and destruction of his Jordanian passport mitigated the foreign preference security concerns. His 21 years residence in the U.S., and his financial, property, and personal interests here, mitigated the security concerns raised by his sister living in Jordan. Clearance granted.


Financial; Personal Conduct

05/29/2009

Applicant developed financial problems many years ago when he cared for his ill father. Over the years, he has resolved most of his debts through payment plans, direct payment, and wage garnishment. While he has not paid all of his debts, the remaining unpaid debts are not a security concern. He did not falsify his answers to his security clearance application. Applicant has mitigated the government's security concerns under Guidelines F and E. Clearance is granted.


Financial, Drugs

05/29/2009

Applicant mitigated drug involvement security concerns because his drug use was relatively isolated and not recent. However, he failed to mitigate the financial considerations security concerns. He did not make any payments in 2008 or 2009 towards the debts listed in his statement of reasons (SOR). His clearance is denied.


Financial

05/29/2009

Applicant's credit reports reflected fifty delinquent debts, of which he admitted twenty. He produced evidence that four debts were resolved. Clearance is denied.


Drugs; Alcohol; Financial

05/29/2009

Applicant used marijuana and cocaine for several years while holding a clearance, and was diagnosed as alcohol and drug dependent. He received a Chapter 7 bankruptcy discharge in 2000 and thereafter accumulated 20 delinquent debts, of which four are resolved or under control. Clearance is denied.


Financial

05/29/2009

Applicant's continued financial irresponsibility after obtaining a complete bankruptcy discharge in August 1997 rendered him an unsuitable candidate for access to classified information. Clearance denied.


Drugs

05/29/2009

Applicant used marijuana during school more than 22 years ago, and during three camping trips with school friends in 2005 and 2006 while holding a security clearance. He honestly admitted this use during the security clearance investigation, and there was no other evidence of it. He persuasively established his intent not to abuse any drugs in the future. Eligibility for access to classified information is granted.


Foreign Preference, Foreign Influence

05/29/2009

Applicant was born in Russia. She immigrated to the United States in 1993 and became a U.S. naturalized citizen in 1998. She has many connections to the United States. Her husband and children are native U.S. citizens. Her sister is a naturalized U.S. citizen, residing in the United States. She has attended school here and has a good job. Since becoming a citizen, she has used her Russian passport to travel to Russia in 2001, 2002 and 2008 to see her parents because it is much easier and less expensive than using her U.S. passport. She will surrender the passport as soon as her parents arrive in the United States, having recently been approved for immigration status. She mitigated the security concerns raised under Foreign Influence, but not those raised under Foreign Preference. Clearance is denied.


Foreign Influence

05/29/2009

Applicant's 23 years residence in the U.S., and his financial, property, and personal interests here, mitigated the security concerns raised by his family members living in Peru. Clearance granted.


Financial

05/29/2009

The Statement of Reasons alleges a total of more than $9,500 in delinquent debt, which started accruing in 2003. Applicant paid five debts in the past year, but more than $7,000 remains unpaid. There is no evidence of a plan for resolving the remaining debt. Applicant made no effort to pay her debts before 2008, when the security clearance process began. Applicant has failed to allay the government's security concerns under Guideline F. Clearance is denied.


Financial

05/29/2009

Applicant is a 51-year-old employee of a defense contractor. He accumulated delinquent debts due to a separation and divorce. While the divorce was pending, his ex-wife filed bankruptcy. He followed incorrect legal advice that when his ex-wife's bankruptcy discharged the joint marital debts, his obligation to pay the debts was also discharged. He has mitigated the Financial Considerations security concerns. Clearance is granted.


Foreign Influence

05/29/2009

In 1996, Applicant and his spouse fled Iraq and settled in the United States with U.S. State Department assistance. In 2004, Applicant and his spouse became U.S. citizens. Their three children are U.S. citizens. Applicant returned to Iraq in 2007 and 2008, serving with U.S. combat forces as a translator. Applicant has volunteered to return to Iraq to continue his translator duties. Those who served with him in Iraq laud his duty performance and contributions to mission accomplishment. Applicant has significantly greater contacts with the United States than with Iraq. He can be expected to resolve any conflict of interest in favor of U.S. interests. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted.


Foreign Preference; Foreign Influence

05/29/2009

Applicant, an Arab linguist and translator, was born in Algeria and is a naturalized U.S. citizen. She has mitigated security concerns arising under the Foreign Preference and Foreign Influence adjudicative guidelines. Clearance is granted.


Personal Conduct

05/29/2009

This 33-year-old employee for a defense contractor has mitigated the security concerns under the personal conduct guideline. He did not intentionally falsify his 2006 security clearance application. He has obtained counseling for his 2000 conviction for Trespassing Voyeurism. Clearance is granted.


Financial

05/29/2009

Applicant has accumulated 17 debts since 1999. The unforeseen events that occurred in her life do not mitigate her indebtedness as they occurred more than nine years ago. By not addressing any of her debts, Applicant has not mitigated the adverse evidence under the financial guideline. Eligibility of access to classified information is denied.


Criminal Conduct

05/29/2009

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


Financial

05/29/2009

Applicant is responsible for nine unresolved financial delinquencies totaling approximately $22,800. 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.


Guideline F

05/28/2009

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


Guideline D; Guideline E

05/28/2009

The Judge found that Applicant is married and having an affair with a married woman. Neither of them has told their spouse of the affair. Also, Applicant's business partner is not aware of the relationship. Applicant's conduct left the Judge ample to doubt Applicant's eligibility to protect classified or sensitive information. Adverse decision affirmed.


Guideline D; Guideline J

05/28/2009

The Judge found that Applicant was tried in 2004 for forcible sodomy upon a minor. At his trial, Applicant gave false testimony. He was convicted of consensual sodomy. At sentencing, he revealed that he lied. The court sentenced him to 12 months incarceration, two years of post-release supervision, to be registered as a sex offender, and a $2,500 fine. In 2005, Applicant entered an Alford plea to perjury. He was sentenced to be incarcerated for five years with two and a half years suspended. He also received two years of probation. Adverse decision affirmed.


Financial

05/27/2009

Applicant is 44 years old and employed as a Flight Test Mechanic and Inspector for a defense contractor. After retiring from the military, the Applicant got his license and started selling real estate. He made a lot of money in a short time, lived extravagantly, and failed to pay his taxes and other financial obligations. Due to his carelessness, he became excessively indebted. He has since returned to the defense industry, set up payment plans with his creditors and is paying his delinquent debts in a systematic manner. Under the particular facts of this case, sufficient rehabilitation has been shown. Clearance is granted.


Financial

05/27/2009

Applicant admitted a delinquent credit card debt of about $32,000, and he submitted no mitigating evidence. Clearance is denied.


Financial

05/27/2009

Applicant is 25 years old and employed as a Network Device Engineer for a defense contractor. Applicant became excessively indebted when she separated from her husband. In order to resolve her indebtedness, she has hired an attorney and has filed for bankruptcy under Chapter 7. Sufficient evidence of rehabilitation has been shown. Clearance is granted.


Financial

05/27/2009

Applicant is an Air Force retiree and a decorated combat veteran. He paid or settled in full four of the six debts that were of concern. He successfully disputed another. He is in negotiations to pay the last debt, which is for the deficiency owed on a mobile home loan. He has mitigated the Financial Considerations security concerns. Clearance is granted.


Financial

05/27/2009

Applicant is 23 years old and employed as an Administrative Assistant for a defense contractor. Due to a marital separation that left her with two children to support on her own, Applicant became excessively indebted in the amount of approximately $15,000.00. She has reduced her expenses by moving back to her parent's house with her two children. She has contacted each of her creditors and has set up payment plans that she is following. Under the particular facts of this case, sufficient rehabilitation has been shown. Clearance is granted.


Financial

05/27/2009

The Applicant has made substantial inroads in paying her past due debts. She further shows a knowledge of the problem and a determination to avoid it in the future. Sufficient mitigation is shown. Clearance is granted.


Financial

05/27/2009

Applicant owes more than $17,000 in delinquent debt accrued since about 2002. He failed to mitigate the resulting security concerns about his finances because he did not timely act to pay or otherwise resolve his financial problems. His reliance on events beyond his control as reasons for his debts is misplaced as those events occurred several years ago. Finally, he did not demonstrate that his current finances are sufficiently improved as to no longer present a security concern. Clearance is denied.


Drugs; Personal Conduct

05/27/2009

This 54-year-old employee for a defense contractor has not mitigated the security concerns under the drug involvement guideline. Applicant used marijuana and cocaine while he held a security clearance. His last claimed use was in 2006. Applicant intentionally omitted information concerning his illegal drug use on various security clearance applications. He has not mitigated the personal conduct security concerns. Clearance is denied.


Financial; Personal Conduct

05/27/2009

The Applicant has a considerable number of bad debts that she cannot, or will not, satisfy. In addition she also falsified a security clearance questionnaire. Sufficient mitigation is not shown. Clearance is denied.


Financial

05/27/2009

Applicant is a 59-year-old engineer who has worked for his present employer since June 2006. He experienced periods of unemployment and underemployment from 2000 to 2006. Despite earning a substantial salary and having sufficient savings he has delinquent debts that remain unpaid. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial

05/27/2009

Since 2000, Applicant has accumulated nine separate debts totaling $8,160.00. Although she experienced several periods of unemployment, she was unable to demonstrate that she acted responsibly under the circumstances. She has not paid or resolved any of these nine debts since she began her employment in July 2007. Shortly after she began her employment, she was interviewed by a Government investigator, who advised her that that her indebtedness was a security concern. Applicant has not mitigated security concerns raised. Eligibility for a public trust position is denied.


Financial

05/27/2009

Applicant is 57 years old and works for a federal contractor. He has three delinquent debts totaling $37,720 that are many years old. He has not taken any action to repay the debts. Applicant failed to mitigate the security concerns raised under Guideline F, Financial Considerations. Clearance is denied.


Financial

05/27/2009

Applicant is 35 years old and employed as an Engineer IV. Due to chronic medical problems in his family and periods of disability and underemployment, he became excessively indebted. He started working for a defense contractor in 2005. Since then, he has not been able to address his delinquent debts. Under the particular facts of this case, sufficient financial rehabilitation has not been shown. Clearance is denied.


Financial Considerations

05/27/2009

Applicant has six delinquent accounts totaling more than $21,000, which have been placed for collection. No payment has been made on these obligations nor has a repayment plan been established. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial; Foreign Influence

05/27/2009

The Applicant has not yet made a serious attempt to pay any of his significant past due indebtedness. His spouse is from South Korea, but he submitted sufficient evidence to mitigate those security concerns. However, he did not mitigate Financial concerns. Applicant is not eligible for a security clearance. Clearance is denied.


Financial

05/27/2009

Despite mitigating conditions concerning the acquisition of her financial obligations, Applicant failed to offer documentary evidence mitigating the security concerns raised by her failure to address multiple delinquent accounts. Clearance is denied.


Personal Conduct

05/27/2009

Applicant is 51 years old and employed as a Micro-graphic Computer Repair Technician for a defense contractor. In 2005/2006, he violated company policy and procedure by using his corporate credit card for personal use and he accessed personal and pornographic web-sites on his company computer during business hours. Sufficient rehabilitation has been shown. Clearance is granted.


Mental; Alcohol: Drugs

05/27/2009

Applicant has a psychological condition diagnosed by a duly qualified mental health professional. That psychological condition could impair his judgment, reliability and trustworthiness. Applicant's evidence in mitigation has not shown the psychological condition is under control or in remission. Applicant has not had a sufficient period of abstinence and therapy to defeat the security concerns under the alcohol guideline. Because Applicant ended most of his drug use in 2005, with only isolated use in February 2008, I have found the drug guideline in his favor. Eligibility for access to classified information is denied.


Financial; Personal Conduct

05/27/2009

Applicant is 55 years old and employed as an Aerospace Planner for a defense contractor. Applicant has a history of financial indebtedness that includes back taxes owed to the IRS and the state tax authorities, credit card debt, and various other debt. He has several tax liens filed against him. He has failed to file his federal income tax returns for tax years 1998, 1999, 2000, 2001, 2003, 2005 and 2007. He also failed to file his state income tax returns for tax years 1990, 1992, 1994, 1995, 1996, 1999, 2001, 2002, 2003, 2004, 2005, 2006 and 2007. Sufficient mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct

05/26/2009

Applicant failed to mitigate the security concerns caused by his recent abuse of controlled substances. He also failed to mitigate the security concern caused by his failure to disclose in his security clearance application that he used a controlled substance while he possessed a top secret security clearance.


Financial

05/26/2009

Applicant owed more than $17,000 in four reported delinquent debts in March 2008. At least one of these debts, for $6,272, remains unresolved and insufficient information was provided about the circumstances of any of them to mitigate security concerns. Eligibility for access to classified information is denied.


Financial

05/26/2009

Applicant accumulated a significant amount of debt that was discharged in bankruptcy in November 2005. Subsequently, he accumulated about $19,000 in delinquent debt that he has not resolved or addressed, 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.


Drugs

05/26/2009

Applicant failed to mitigate the trustworthiness concern that arises from his long history of illegally using marijuana, most recently in November 2007.


Financial

05/26/2009

This 35-year-old employee for a defense contractor has mitigated the security concerns under the financial considerations guideline. He has a payment plan for his debts and has paid or settled some of the debts. Clearance is granted.


Financial; Foreign Influence

05/26/2009

Applicant failed to pay state and Federal income taxes during many of the ten years since her Chapter 7 bankruptcy discharge. She married a Russian immigrant she barely knew in order to help him obtain legal residency, but has had no contact with him for more than a year. She mitigated foreign influence concerns, but not financial considerations. Eligibility for access to ADP I/II/III sensitive information is denied.


Financial Considerations

05/26/2009

Applicant has 21 past due, charged off, or collection accounts totaling in excess of $46,000. There is no evidence of any payment on the obligations. Applicant has failed to rebut or mitigate the government's trustworthiness concerns under financial consideration. Eligibility for access to sensitive information is denied.


Drugs; Criminal Conduct; Personal Conduct

05/22/2009

Applicant is a 36-year-old employee of a defense contractor. He used illegal drugs for many years and intentionally falsified his Questionnaire for National Security Positions. Clearance is denied.


Financial; Personal Conduct

05/22/2009

Since 2003, Applicant accumulated a significant amount of delinquent debt that he has not resolved or addressed. He attributed his financial problems to a garnishment for child support payments. He intentionally failed to disclose information about his delinquencies, despite having previously gone through the security clearance process. He failed to mitigate the security concerns raised under Guideline F and Guideline E. Clearance is denied.


Financial

05/22/2009

This 28-year-old employee has mitigated the security concerns under the financial considerations guideline. He has a payment plan for his student loans and has paid or settled his other debts. Clearance is granted.


Financial Considerations

05/22/2009

Applicant had 27 past due or collection accounts that totaled $63,000. Half of the debt has been paid, is being paid, or are deferred student loans and the other half is part of a recently established repayment plan. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Foreign Influence

05/22/2009

Applicant, who was born in Egypt and is a naturalized U.S. citizen, performed extraordinary service to the United States as a contract Arab linguist and translator in Iraq. She mitigated security concerns under the Foreign Influence adjudicative guideline. Clearance is granted.


Foreign Influence, Personal Conduct

05/22/2009

Applicant was born in Lebanon and worked for the Lebanese Front before he immigrated to the United States in 1992. He became a U.S. naturalized citizen in 1999 and has many connections to the United States. His wife, mother, and two siblings are also naturalized citizens. His two children were born in the United States. Since 2006, he has successfully worked as a translator for the U.S. forces in Iraq. He failed to disclose his work for the Lebanese Front on his security clearance applications. He has two brothers and in-laws, who are citizen residents in Lebanon. He mitigated the security concerns raised under Foreign Influence and Personal Conduct. Clearance is granted.


Financial Considerations

05/21/2009

Applicant owes more than $42,000 in past due obligations that have been placed for collection. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Foreign Influence

05/21/2009

Applicant failed to mitigate the foreign influence concerns that arise from his ties to his fianc‚, her family and his other friends who are citizens and residents of Ukraine.


Guideline C; Guideline B

05/21/2009

Record evidence of Applicant's extensive family contacts in Israel, her dual nationality, and her possession of an Israeli passport support the Judge's conclusion that she had not mitigated the security concerns in her case. Adverse decision affirmed.


Personal Conduct; Criminal Conduct

05/21/2009

Personal conduct and criminal conduct security concerns persist because of Applicant's ongoing disregard of a 1984 outstanding warrant for his arrest on felony gun charges. He deliberately did not disclose his arrest on his security clearance application. Clearance is denied.


Financial; Personal Conduct

05/21/2009

Applicant's extensive financial delinquencies and her omission of them from her security clearance application generates security concerns. Although much of her financial problems were caused by circumstances beyond her control, and she has made some attempts at addressing them, it is too soon to conclude that they have been resolved. Her omissions were unintentional. She mitigated the personal conduct security but not the financial considerations security concern. Clearance is denied.


Guideline D; Guideline E; Guideline M; Guideline J

05/21/2009

Applicant failed to mitigate the security concerns in his case. Any errors in the Judge's decision were harmless. Applicant failed to rebut the presumption that the Judge was impartial. Adverse decision affirmed.


Financial; Personal Conduct

05/20/2009

Applicant has a number of unpaid delinquent debts. He did not intentionally provide false information about his finances on a Questionnaire for National Security Positions. He mitigated Personal Conduct security concerns, but has not mitigated the concerns raised under the Financial Considerations guideline. Clearance is denied.


Financial

05/20/2009

Applicant accumulated seven delinquent debts totaling about $26,350. He disputed a $102 debt for damage to an apartment, but he has not begun to resolve the remaining debts. Clearance is denied.


Financial

05/20/2009

This 31-year-old employee has not mitigated the security concerns under the financial considerations guideline. He has outstanding default judgments on three properties in the amount of less than $200,000. He has no plan in place at this time to pay the judgments. He does not want to declare bankruptcy. Clearance is denied.


Financial, Alcohol, Criminal

05/20/2009


Foreign Influence; Foreign Preference

05/20/2009

Applicant was born in Macedonia. He has lived in the U.S. since 1996, and has worked for federal contractors since 2002. Some members of his family remain in Macedonia, and he visited them several times since 2004. He keeps in touch with them approximately monthly. Applicant is married, and has one daughter. He has not sought foreign citizenship for his daughter. His wife works for a federal agency. He has owned a home in the United States since 2003. His ties in the United States are more significant than his ties to Macedonia. Applicant obtained a foreign passport in 2002, which is valid until 2012. He used the foreign passport to travel to Macedonia in 2007, after he had become a U.S. citizen, unaware that doing so posed a security concern. When he learned that this presented an issue, he surrendered his passport to his security officer. The elimination of this security risk, and his strong ties to the United States, have allayed the government’s security concerns under Guidelines B and C. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct

05/20/2009

Applicant used marijuana from 1985 to 1995 and in 2006/07. He was convicted of drunk driving offenses committed in 1991 and August 2007. He did not report his illegal drug abuse when he applied for a security clearance in October 2007. Drug involvement, personal conduct, and criminal conduct concerns are not mitigated. Clearance is denied.


Financial Considerations

05/20/2009

Applicant has three unresolved past due obligations totaling in excess of $36,000. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Guideline F

05/19/2009

The Judge's description of Item 7 of the File of Relevant Material (FORM) is ambiguous and may be in error and the error may well have affected his evaluation of the case. The financial statement shows that Applicant, after paying her monthly expenses (but prior to paying down her debts) actually has a monthly remainder of $536.10 (not $263, as the Judge found). According to the financial statement she then uses one half of that ($263) to pay down her debts and is left with a net remainder of $263.10. Additionally, the Judge correctly notes the lack of corroboration for Applicant's statements regarding her payments on her debts. The FORM, at Section VII, contains language which may not reasonably have advised Applicant of the nature of her opportunity to submit evidence (e.g., documents which would corroborate her claims) under the Directive. Adverse decision remanded.


Guideline C; Guideline B; Guideline L

05/19/2009

The Judge found that Applicant was raised in Israel, served in the Israeli army and has numerous close relatives who are citizens and/or residents of Israel. He registered his U.S.-born children as Israeli citizens. He has held positions with the Israeli Embassy, has held an Israeli passport, and traveled on it after becoming a U.S. citizen. He has stated a willingness to renounce his Israeli citizenship. He has business contacts in Israel, some of whom have previously held positions in the Israeli government. Israel is a parliamentary democracy with close security and cultural ties to the U.S. It is also an active collector of proprietary information. Applicant has made contributions to the security of the United States. Applicant has failed to demonstrate that the Judge's material findings of security concern regarding Applicant's circumstances are not based upon substantial record evidence. On balance, the Judge's sustainable findings regarding Applicant's circumstances support his adverse decision. The Judge examined the relevant data and articulated a satisfactory explanation for the decision, including a rational connection between the facts found and the choice made. Adverse decision affirmed.


Financial

05/18/2009

Applicant had a history of financial difficulties. She has resolved all of her overdue debts, and her financial situation is stable and current. Mitigation has been shown. Clearance is granted.


Financial

05/15/2009

Applicant failed to mitigate the financial considerations security concerns. Although he settled and paid, paid or otherwise resolved 14 of 21 statement of reason (SOR) debts, and two debts are in payment plans, five large debts totaling about $350,000 were not resolved. There is insufficient information about his overall financial situation to mitigate concerns. Access to classified information is denied at this time.


Financial

05/15/2009

Applicant is 48 years old and employed as a Senior Program Quality Engineer for a defense contractor. Applicant is excessively indebted in the amount of approximately $65,000.00. He has recently paid off two of the smaller debts and is starting to address his other debts, but it is too early to determine if he follow through with his payment plans once he enters into an agreement. Sufficient rehabilitation has not been shown. Clearance is denied.


Sexual Behavior; Personal Conduct

05/15/2009

Applicant's 20-year-history for sexual behavior and child pornography activity between 2003 and September 2005, has not been mitigated. His minimization of the conduct on several occasions since his interviews in July 2006 raises continuing concerns under the sexual behavior guideline and the personal conduct guideline. Eligibility for access to classified information is denied.


Financial

05/14/2009

Applicant has acted reasonably with regards to his disputes with the creditors in the SOR, which revolves around his financial situation with his ex-wife. In all other respects his financial situation is sound. Applicant is eligible for a security clearance. Clearance is granted.


Financial

05/14/2009

In January 2004, Applicant knew he had at least $32,000 in delinquent debt. Yet, he assigned his wife responsibility for paying the bills and then took a job overseas. Given his knowledge of the delinquent debt he exercised poor judgment by failing to monitor the bills. His claims of not being aware of the debt until June 2007 is his fault. His failure to address any of the delinquent accounts until four days after the hearing in March 2009, and about five years after his departure in January 2004, has not been mitigated. Eligibility for access to classified information is denied.


Financial

05/14/2009

Applicant failed to mitigate the security concerns arising from at least $41,000 in delinquent debt. Applicant's information was not sufficient to support his claims his debts were due to unemployment and medical problems, or that he is now taking action to resolve his debts through a repayment and debt counseling program. Clearance is denied.


Personal Conduct

05/14/2009

Applicant resigned from four jobs under adverse circumstances, once in 1998 and three times in 2005. She was also involuntarily terminated from a job in 2007. Her resignations primarily stemmed from scheduling conflicts trying to balance her responsibilities as a single parent and as an employee. Her 2007 termination resulted from violating company policy/state law. She has since sought additional training and established a two-year record of solid performance. Considering the mitigating action taken by Applicant and the whole person concept, Applicant has mitigated security concerns raised. Clearance is granted.


Security Violations; Personal Conduct

05/14/2009

Applicant mitigated security concerns under Guidelines K and E. Clearance is granted.


Guideline J; Guideline E

05/13/2009

Applicant failed to mitigate security concerns arising from his criminal history, which included serving an 8-year prison sentence, and his false answers on his security clearance questionnaire. Adverse decision affirmed.


Guideline F

05/13/2009

The Judge's conclusion that Applicant failed to mitigate the Guideline F security concerns in her case is sustainable. Applicant submitted new matters on appeal, which the Board cannot consider. Adverse decision affirmed.


Financial; Personal Conduct

05/12/2009

The Applicant has not yet made a serious attempt to pay any of his significant past due indebtedness. He also falsified a Government questionnaire concerning the extent of his indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Personal Conduct

05/12/2009

Applicant's credit reports reflected 20 delinquent debts totaling about $24,962. She established that seven debts were not hers. She resolved one debt two months after being questioned about it by a security investigator and four debts after receiving the notice of hearing. She intentionally failed to disclose her debts on her security clearance application, for fear of not being hired. Clearance is denied.


Foreign Influence

05/12/2009

Applicant left his native Iraq in 1979 and went to Kuwait, until 1986 when he moved to Canada with his family because he could not obtain immigration status in the United States. In 1996, he moved to the United States with his family. He became a U.S. citizen in August 2004. Prior to obtaining citizenship, he returned to Iraq in February 2004, as an Arabic-speaking bi-cultural advisor for the U.S. Coalition Forces, where he helped organize the Iraqi elections. In 2005, he was hired by a U.S. agency to assist in the development of Iraq's agricultural community. He mitigated the foreign influence concerns raised by his brother, two sisters and two sister-in-laws, residing in Iraq. Clearance is granted.


Financial

05/12/2009

Applicant accumulated a number of debts (7 in all) during periods of low income paying jobs and has not been able to address any of her admitted debts. Applicant does not provide any documented efforts of paying or resolving her listed debts and does not mitigate judgment and trust concerns associated with her finances. Clearance for public trust position is denied.


Foreign Influence; Personal Conduct

05/12/2009

This 61-year-old translator serving in Iraq has mitigated the security concerns under the foreign influence guideline. Due to his high risk work in Iraq and his relationship to the U.S., he can be expected to resolve any conflict in favor of the U.S. He did not intentionally falsify his security clearance applications in 2006 or 2004 when he did not list an adverse termination. He had no intent to deceive the government. He has through time and behavior mitigated the alcohol concern. Clearance is granted.


Guideline H; Guideline E

05/11/2009

Applicant asserts that he submitted documents which never reached the Judge. Department counsel does not contest the matter. Adverse decision remanded.


Financial

05/11/2009

Applicant's extensive financial delinquencies generate a security concern. Although much of her financial problems were caused by circumstances beyond her control, and she has made some attempts at addressing them, it is too soon to conclude that they have been resolved. Clearance is denied.


Financial

05/08/2009

Applicant did not timely file his state taxes for six consecutive years between 2002 and 2007. As a result, the state filed a tax lien against him to collect $22,000 in unpaid taxes. Applicant has not addressed the lien. He has filed five of the six past due tax returns, but did so only after he received the SOR. Available information is not sufficient to mitigate the security concerns about his finances. Clearance is denied.


Guideline F

05/08/2009

A review of the entire record discloses no basis to conclude that Applicant was denied the rights due him under the Directive. The record does not support a conclusion that the Judge was biased against Applicant. The Judge's findings are supported by the record. Adverse decision affirmed.


Financial

05/08/2009

Applicant is a 41-year-old network engineer. He did not present sufficient evidence to mitigate and overcome the security concerns stemming from his well- established history of financial problems. Clearance is denied.


Guideline E; Guideline F; Guideline J

05/08/2009

In view of Applicant's failure to follow through with earlier promises to pay off certain debts and his falsification of material facts about his financial difficulties, Judge's conclusion that Applicant failed to mitigate security concerns is sustainable. Adverse decision affirmed.


Finances; Personal Conduct

05/08/2009

Applicant accumulated delinquent debts (mostly student loans), which he has not addressed in any tangible way and conditions future resolution efforts on his obtaining a security clearance. He fails to mitigate security concerns over the condition of his finances. Applicant mitigates personal conduct concerns associated with his past alcohol-related offense and his limited use of illegal drugs. Clearance is denied.


Criminal Conduct; Drugs

05/07/2009

Applicant showed poor judgment in abusing his prescription for Ritalin in 2004, including at work in July 2004. He is on probation until June 2011 following his guilty plea in February 2008 to negligent homicide, reckless endangerment, assault, and interfering with a police officer in October 2004, and to a September 2004 operating under the influence (OUI) offense. Future drug abuse is unlikely, but he has not fully mitigated the criminal conduct concerns. Clearance is denied.


Financial

05/07/2009

Applicant is 59 years old. He accumulated $109,000 in credit card debt and stopped making any payments on it in November 2003. In February 2005 he made offers to settle the debts with three creditors for $100 each and declared if they cashed his check the debt would be considered settled. He has not made any other payments towards the debts. Applicant failed to file his 2006 and 2007 tax returns. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Foreign Preference

05/07/2009

Applicant applied for, possessed, and used an Italian passport; and he voted once in an Italian election after becoming a U.S. citizen. After being advised of the security concerns raised by his conduct, he surrendered his Italian passport and vowed that he would not vote in any future Italian elections. Clearance is granted.


Financial

05/07/2009

Applicant mitigated the financial considerations security concerns. He has demonstrated a meaningful track record of debt repayment. He paid nine of 14 statement of reason (SOR) debts. His two student loan debts were merged. Three of the remaining debts are in payment plans, and Applicant is negotiating a payment plan for his student loan debt. He credibly promised to pay the four unpaid SOR debts and one large state tax debt. Access to classified information is granted.


Financial

05/07/2009

Applicant is a 61-year-old security officer for a federal contractor. His history of financial problems is mitigated based on his efforts to resolve approximately 94% of the delinquent debt. Clearance is granted.


Financial

05/07/2009

Applicant moved to another state for employment with a defense contractor and could not sell his house. There were two mortgages on the house. He rented the house for one year and continued to pay the mortgage for another year. He could not afford to pay two mortgages and asked the mortgage guarantor for advice. He was told to allow the house to go to foreclosure. He notified both mortgage holders of the foreclosure. One participated in the foreclosure and his debt was paid. The other refused to participate in the foreclosure and the debt was not paid. All of Applicant's present debts are paid as agreed. Applicant mitigated security concerns for financial considerations. Clearance is granted.


Criminal Conduct, Alcohol Consumption, Personal Conduct

05/07/2009

Fifty-one year old Applicant's 25 year history of criminal conduct, commencing in 1980, when he was 23 years old, continued repeatedly (over 20 arrests) with few breaks between incidents. Arrests and judicial punishment failed to stem the tide of his criminal activities. Instead, he added identity theft to his conduct. He currently consumes enough beer to cause him to pass the point of impaired judgment. His testimony and explanations pertaining to both his criminal conduct and the alleged falsifications on his QNSP and SF 86 are at odds with the characterization of him by his character witness. To the contrary, his testimony, including his flawed memory and explanations, as well as his continued alcohol consumption, establish irresponsibility, immaturity, a cavalier attitude towards the law, and absence of rehabilitation, and vitiate any other mitigation. Clearance is denied.


Financial

05/06/2009

Applicant failed to mitigate security concerns under the Financial Considerations adjudicative guideline. While events beyond his control impacted the foreclosure of two real properties he owned, Applicant did not take action to resolve three lesser debts even though he had a monthly remainder of over $1,600. Eligibility for a security clearance is denied.


Drugs; Personal Conduct

05/06/2009

Applicant is 26 years old and used marijuana infrequently while in college and once in 2007. He also used a prescription drug for pain and later for recreation. His last use was in 2007. He no longer uses any illegal drugs or prescription drugs illegally. He is committed to a drug-free future. He did not initially divulge his prescription drug use on his security clearance application, but later provided the information before being confronted. Applicant has successfully mitigated the Drug Involvement and Personal Conduct security concerns. Clearance is granted.


Guideline J

05/06/2009

Applicant's denial of a criminal state of mind was not consistent with his plea of guilty to a charge of Medicare fraud. In light of this and the other contrary evidence in the record, the Judge's favorable conclusion as to mitigation is not sustainable. Favorable decision reversed.


Foreign Influence; Foreign Preference; Information Technology

05/06/2009

Foreign influence concerns raised by Applicant's relatives who are citizens and reside in Israel are mitigated because of Applicant's longstanding ties to the U.S., concerns arising from his use of information technology are mitigated due to the passage of time with no similar incidents. Foreign preference concerns are not mitigated, because Applicant possessed and used a valid foreign passport for years after becoming a U.S. citizen. At hearing, he expressed reluctance about surrendering his valid foreign passport indicating he may need to use it again to visit his mother. Clearance is denied.


Guideline F

05/05/2009

Although Applicant had made some efforts to resolve his debt, these efforts were not sufficient to mitigate the substantial amount of delinquent debt alleged in the SOR. Adverse decision affirmed.


Guideline F

05/05/2009

The presence of some mitigating evidence does not alone compel a Judge to render a favorable decision. The Judge's conclusion that Applicant had failed to mitigate the Guideline F security concerns in her case is sustainable. Adverse decisions affirmed.


Financial Considerations

05/04/2009

Between 2002 to 2008, Applicant experienced a home foreclosure and incurred 11 delinquent debts, an approximate total of $128,033. A job termination in 2003 and a one-year period of unemployment contributed to his financial problems. However, he took no steps to resolve his delinquent accounts once he gained full-time employment. Applicant failed to mitigate the security concerns raised under financial considerations. Clearance is denied.


Financial

05/04/2009

Applicant exercised good judgment by providing the necessary documentation showing she paid off or settled nine of 11 delinquent debts identified in the SOR. In addition, she supplied the requisite documentation that she is well on her way to resolving the federal tax lien. However, the lack of independent character evidence and failure to admit she omitted the debts on her security form has not been mitigated. Clearance is denied.


Financial

04/30/2009

Applicant mitigated the security concerns raised under Guideline F by debts that arose as a result of periods of underemployment, medical emergencies and her husband's deployment. She presented sufficient evidence of good-faith efforts to pay and resolve her numerous delinquent debts, including large student loans. Clearance is granted.


Financial

04/30/2009

Applicant's financial difficulties render her an unsuitable candidate for access to classified information. Clearance denied.


Financial Considerations

04/30/2009

Applicant mitigated the financial considerations security concerns. Applicant has demonstrated a meaningful track record of debt repayment. She credibly promised to pay any valid, unpaid debts listed in her statement of reasons (SOR). Access to classified information is granted.


Drug Involvement

04/30/2009

Applicant mitigated the drug involvement security concerns arising from her illegal use of marijuana. Eligibility for access to classified information is granted.


Financial; Personal Conduct

04/30/2009

Applicant's longstanding financial delinquencies, together with a lack of a plan to resolve them, and his intentional failure to disclose them, as required, on a security clearance application generate security concerns that he failed to mitigate. Clearance is denied.


Financial; Personal Conduct

04/30/2009

Applicant's wife handled their finances and let bills go unpaid without his knowledge. He did not falsify his Questionnaire for National Security Positions because he was unaware that his debts were delinquent. He has paid or settled in full all his delinquent debts. Clearance is granted.


Financial

04/30/2009

Applicant forgot to pay a utility bill, fell behind on his student loan, and became delinquent on his home mortgage after incurring unexpected funeral and travel expenses. His utility account is current, he has renegotiated the payment terms for his home mortgage and student loan, and he is complying with the new payment agreements. Clearance is granted.


Financial

04/30/2009

Applicant is repaying a child support arrearage, has resolved two delinquent mortgage obligations, and has sufficient positive monthly cash flow to continue to resolve his financial problems. Available information is sufficient to mitigate the security concerns about his finances. Clearance is granted.


Financial

04/30/2009

Applicant mitigated the trustworthiness concerns raised under Guideline F by three debts, totaling $29,000, which began accruing in 2001. He presented sufficient evidence of his good-faith efforts to resolve and pay those debts in full. Eligibility for access to sensitive information is granted.


Financial

04/30/2009

Applicant accumulated ten delinquent debts totaling more than $50,000, including a child support arrearage of more than $24,000. She submitted proof that one $72 debt was paid. Although she has been continuously employed for more than two years, she has taken virtually no action to resolve her remaining delinquent debts. Clearance is denied.


Foreign Influence

04/30/2009

Applicant's long-standing ties to the U.S.—including 29-years residence in the U.S., his U.S.-born wife and children, and his substantial financial interests here—mitigated the security concerns raised by his family members residing in Nigeria and his small bank account there. Clearance granted.


Financial; Personal Conduct

04/30/2009

Applicant accumulated a number of delinquent debts during recurrent periods of unemployment and underemployment. While he has been able to address a number of his smaller debts, many still remain. Moreover, he has not been able to address his larger debts to date. Applicant earned a number of awards and commendations during his active military service and has numerous achievement and training accomplishments to demonstrate his devotion to his work and missions. His positive efforts are not enough, however, to overcome remaining concerns about the condition of his finances. Applicant does not mitigate security concerns associated with his finances. Security concerns raised over the omission of his tax lien in his completed e-QIp are unsubstantiated. Clearance is denied.


Financial

04/30/2009

Applicant has 16 delinquent debts totaling approximately $16,207. She admits ten and denies five of the debts. She provided no information concerning any payments on any of the debts or proof to deny the debts. She has not met her burden to mitigate the security concerns for financial considerations. Clearance is denied.


Financial

04/30/2009

Applicant accumulated a number of delinquent debts before and during his marriage to his first wife. With a new wife and young son he has not been able to adequately address his old debts to date with the very limited income he has at his disposal. Applicant earned a number of awards and commendations during his active military service and demonstrates some positive contributions to his civil employer. His positive efforts are not enough, however, to overcome remaining concerns about the condition of his finances. Applicant does not mitigate security concerns associated with his finances. Clearance is denied.


Financial; Personal Conduct

04/30/2009

Applicant failed to provide any information that could mitigate the security concerns about her accrual of more than $28,000 in delinquent personal debt, and her omission from her SF 85P of relevant and material facts about her finances. Public trust position is denied.


Financial

04/30/2009

Applicant is a 37-year-old part-time employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Financial Considerations

04/30/2009

Applicant failed to mitigate the financial considerations security concerns. His statement of reasons (SOR) listed 25 delinquent debts totaling about $155,000. He paid five SOR debts totaling about $3,300. He disputed two debts totaling about $5,500. He has a payment plan on his Internal Revenue Service (IRS) debt and state tax debt, totaling about $60,000. He has not made sufficient progress resolving about $80,000 of remaining delinquent debt. Clearance is denied.


Financial

04/30/2009

Applicant's financial problems included delinquent debts, a repossessed car, and a large debt to the Internal Revenue Service. She paid the IRS and has payment plans to address her remaining three delinquent debts. She has mitigated the Financial Considerations security concerns. Clearance is granted.


Financial and Personal Conduct

04/30/2009

Applicant's delinquent debts started accruing during her marriage. Because both she and her husband were students, and were only sporadically employed, she was unable to meet expenses related to college, children, and medical issues. After her husband became abusive, Applicant left him, and was required to support herself and three children on one income. She was unable to pay her debts during the first one-and-a-half years after the separation. However, after her husband responded to a court order and began paying child support, she immediately addressed her debts. She has paid all but one debt, and has an up-to-date payment plan in place on that obligation. Applicant's conduct demonstrates trustworthiness, and has allayed the government's security concerns under Guideline F. No derogatory information was presented on the personal conduct allegation. Clearance is granted.


Criminal, Information Technology, Personal Conduct

04/30/2009

Applicant was unable to mitigate security concerns raised following his 1996 and 1998 DUI convictions, his 2003 conviction for providing alcohol to a minor, and his 2004 conviction for misdemeanor assault. Applicant was involuntarily terminated in 2005 for violation of his company's internet and e-mail policies after having received two formal warnings. He also falsified his 2003 security clearance application.


Alcohol Consumption; Personal Conduct

04/30/2009

Applicant's longstanding alcohol abuse, alcohol-related arrests, and multiple diagnoses of alcohol dependence, in addition to his security clearance application falsification generates security concerns that he failed to mitigate. Clearance is denied.


Financial

04/29/2009

Applicant's loss of income in 2004 is not mitigating as he recovered most of his earnings in the following year. The fact that he had to pay $600 in child support until 2007 is more compelling in explaining why he could not take action on the debt. Applicant's successful efforts in settling five of six creditors by January 2009 establish his ultimate burden of persuasion under the financial guideline. Clearance is granted.


Financial

04/29/2009

This 44-year-old employee of a defense contractor has not mitigated the security concerns under the financial considerations guideline. Applicant has filed for bankruptcy three times since 2000. Her recent Chapter 13 filing in 2009 has not yet been confirmed. Clearance is denied.


Financial

04/29/2009

Applicant is 33 years old and works for a defense contractor. He had numerous delinquent debts dating back at least seven years that he failed to take any action on until March 2009. Although he has paid some of his delinquent debts others remain unpaid. Applicant failed to mitigate the security concerns raised under Guideline F, Financial Considerations. Clearance is denied.


Sexual Behavior; Personal Conduct

04/29/2009

Applicant is 29 years old and employed as a PC Client Administrator for a defense contractor. Applicant is addicted to pornography and admits that he is susceptible to coercion, pressure and/or blackmail that could possibly place the national interest at risk. No mitigation has been shown. Clearance is denied.


Financial

04/29/2009

Applicant acquired at least 23 delinquent debts approximating $60,700 that were accrued primarily between 2003 and 2007. He provided insufficient documentary evidence to show paid debts, settlements, documented negotiations, payment plans, budgets, or financial assistance/counseling. Clearance is denied.


Criminal Conduct, Personal Conduct

04/29/2009

Between 1992 and 2007, the police arrested and charged Applicant with five criminal offenses, including one arrest for felony offenses. Applicant pled guilty in each case except the 2003 arrest for violation of her probation. In 2007, the police arrested Applicant for possession of marijuana while she was holding a security clearance. When she completed her e-QIP application in November 2005, Applicant failed to list her arrests in 1999 and 2003, which occurred less than seven years prior to completing her e-QIP. She has not mitigated the government's security concerns about her criminal conduct and personal conduct. Clearance is denied.


Financial

04/29/2009

Applicant was a single mother with four children, struggling financially after a divorce. She married again and things were better until her husband lost his job. She went to school, earned a degree, and obtained a good job. She started addressing her delinquent debts before they became an issue for her security clearance. She has paid six debts, brought her mortgage and car loan current, and fully intends to satisfy the last three remaining delinquent debts. Clearance is granted.


Sexual Behavior; Personal Conduct

04/29/2009

Applicant failed to mitigate allegations of sexual misconduct in engaging services of prostitutes over a 15 year period thereby exposing himself to possible criminal charges and coercion. He engaged in this conduct while holding a security clearance. Clearance is denied.


Drug Involvement; Personal Conduct

04/29/2009

Applicant had an extensive history of marijuana use. He deliberately failed to fully disclose his marijuana use during the security clearance adjudication process. He used marijuana twice after his security clearance was granted. Drug involvement was mitigated because his marijuana use was not recent. He failed to mitigate security concerns arising from personal conduct. Eligibility for access to classified information is denied.


Drugs

04/28/2009

Applicant had an extensive history of drug abuse. He failed to mitigate security concerns arising from drug involvement. Eligibility for access to classified information is denied.


Financial

04/28/2009

After the owners and financial manager of a medical clinic, where Applicant worked as the operations manager for one year in the early 1990s, failed to make payroll tax deposits, the Internal Revenue Service (IRS) filed tax liens against all the owners and managers, including him. He was advised by counsel that the he did not owe any debt to the IRS and should not pay his former employers' tax obligation. The IRS never contacted him seeking payment, and has refunded income taxes to him since then. Eligibility for access to classified information is granted.


Criminal Conduct

04/28/2009

While serving as the executor of an estate, he illegally invested assets of the estate into his own software company. He is on probation until 2028 after pleading nolo contendere to felony embezzlement. Clearance is denied.


Financial Considerations

04/28/2009

Applicant's excessive financial delinquencies, and her failure to demonstrate good-faith efforts to resolve them generate a security concern that she failed to mitigate. Clearance is denied.


Financial

04/28/2009

Sixty-two-year-old Applicant, holding a security clearance since 1967, was confronted with the usual lifestyle choices and expenses. He attempted to balance the needs of family and business with those of timely payment of creditors, and he was, at least for a time, unsuccessful. He has subsequently established a "meaningful track record" of debt payments by actually paying off most of his delinquent SOR debts, setting up arrangements with, and making the first payment, to the one remaining creditor, and setting up his personal plan to avoid future financial difficulties. He is owed approximately $280,000 in back wages and reimbursable expenses, which he expects to start drawing in April. His actions in addressing his debts indicate good-faith efforts on his part, and show clear indications any such problem is now largely under control. Questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Personal Conduct

04/28/2009

Applicant is 44 years old and employed as a Contract Investigator for a defense contractor. During his employment as a criminal investigator for the Army Criminal Investigation Fraud Unit from December 1998 to November 2001, the Applicant was accused of making false statements, tampering with witness/victim/informant, and theft. Despite Army criminal investigative records that show that he engaged in the misconduct, the Applicant refuses to admit it. Therefore, Applicant's behavior is not mitigated by the passage of time and continues to cast doubt on his reliability, trustworthiness and good judgment. Clearance is denied


Criminal Conduct; Foreign Influence; Personal Conduct

04/28/2009

Serious criminal conduct and personal conduct concerns arise from an indecent assault of his stepdaughter in August 2002, but his current situation makes recurrence unlikely. Applicant is remarried and living in Lithuania, where he works as a defense contractor employee. Foreign influence concerns persist primarily because he has close bonds through marriage to Lithuanian resident citizens and his spouse and her sister work for the Lithuanian government. Clearance is denied.


Financial

04/27/2009

Applicant resolved or successfully disputed all the delinquent debts alleged in the Statement of Reasons. Clearance is granted.


Foreign Preference

04/27/2009

Applicant retained his Polish passport after becoming a U.S. citizen, and he expressed concern to security investigators that renouncing his Polish citizenship and surrendering his Polish passport might complicate his ability to inherit property in Poland from his parents. Before the hearing, he surrendered his Polish passport to his facility security officer, and at the hearing he expressed his willingness to renounce his Polish citizenship. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

04/27/2009

Applicant has had a long history of financial difficulties, and she not resolved any of her overdue debts. She also knowingly supplied incomplete, untruthful information to the Government and was involved in criminal conduct. Mitigation has not been shown. A determination of trustworthiness and access to personal sensitive information is denied.


Financial

04/24/2009

Applicant is a 32-year-old single mother. She has been employed by a federal contractor since 2006. She has accumulated approximately $18,170 in delinquent debt since 2001. She only recently arranged a payment plan for some of her debts and has made one payment. It is too early to conclude Applicant will consistently reduce her delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial

04/24/2009

Applicant mitigated the financial considerations security concerns. Applicant's statement of reasons (SOR) lists a March 2001 Chapter 7 bankruptcy and four delinquent debts, totaling $34,761. His debts resulted from unemployment. Applicant settled and paid three of the four delinquent SOR debts and the remaining SOR debt is in a payment plan. Access to classified information is granted.


Foreign Influence; Personal Conduct

04/24/2009

Applicant married a foreign military officer while holding a security clearance and eligibility for access to Sensitive Compartmented Information. Security concerns based on foreign influence and personal conduct are not mitigated. Clearance is denied.


Financial

04/24/2009

Applicant is a 46-year-old employee of a defense contractor. He has financial problems aggravated by separation, divorce, unemployment, and underemployment. He has not done enough since he returned to full-time employment to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Foreign Influence, Foreign Preference

04/24/2009

Applicant currently retains a valid Tunisian passport. He has several relatives living in Tunisia, and owns property in Tunisia. He went to Tunisia at least four times in the last three years. Applicant failed to mitigate foreign preference and foreign influence security concerns. Eligibility for access to classified information is denied.


Guideline F

04/24/2009

The Judge's challenged findings are supported by substantial record evidence.. Applicant has not identified any harmful error. Adverse decision affirmed.


Foreign Preference

04/24/2009

Applicant is a United States (U.S.) citizen by birth. In 1988, his Australian wife indicated her intent to return to Australia. He moved with her to preserve his marriage and family. Shortly after his arrival, he joined the Australian Army to support of his family. As a condition precedent to joining the Australian Army, he applied for Australian citizenship, which was granted to him in 1990. While in Australian, he exercised rights of citizenship. He also maintained his U.S. passport. He returned to the U.S. in 1998 and has exercised his rights of U.S. citizenship since his return. He renounced his Australian citizenship in 2003. His right to an Australian passport expired at the same time. He has mitigated the government's security concerns under Guideline C. Clearance is granted.


Financial

04/24/2009

This 25-year-old employee of a defense contractor has not mitigated the security concerns under the financial considerations guideline. She has delinquent debt that has not been addressed or resolved. She has no payment plans. Clearance is denied.


Financial Considerations

04/24/2009

Applicant incurred significant debt, leading to the filing of bankruptcy in 2001. The court dismissed his bankruptcy petition shortly thereafter. Three creditors have obtained judgments against him, which are not paid. Applicant has not paid any of the debts listed in the SOR. He has not mitigated the government's security concerns under guideline F. Clearance is denied.


Guideline E; Guideline J

04/24/2009

The Judge found that Applicant has held a security clearance 2005. In 2006 he used marijuana. After initially denying marijuana use he admitted a portion of his use subsequent to failing a a urinalysis. He failed to admit the full extent of his use to employer or the investigator. Adverse decision affirmed.


Foreign Influence

04/24/2009

Applicant mitigated the security concern generated by his foreign family and friends. Clearance is granted. CASE NO: 08-00545.h1


Guideline B

04/24/2009

The Judge found that Applicant has four siblings and one half sibling living in Iran. Applicant has traveled to Iran on several occasions over the last two decades. Applicant used an Iranian passport for those trips to Iran (now expired and relinquished to his security officer). Department Counsel persuasively argues that the Judge's favorable decision was made without sufficient attention to contrary record evidence. The obscurity of foreign relatives or the failure of foreign authorities to contact those relatives do not reliably measure the security risk attendant to their presence when they are subject to a hostile regime with a dismal human rights record. Favorable decision reversed.


Criminal Conduct

04/24/2009

The nature and seriousness of Applicant's criminal conduct was mitigated by its remoteness, his contrition, and the significant presence of rehabilitation. The likelihood of recurrence is minimal. Clearance is granted.


Alcohol

04/24/2009

The Applicant has had two alcohol related arrests in life, the last in 2007. 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 Considerations

04/23/2009

Applicant's 20-year naval service, his two-year performance for a government contractor, and his resolution of past financial problems show reliability, judgment, and willingness to comply with rules and regulations and that he can resolve his current financial problems. He mitigated the financial considerations security concerns. Eligibility for access to classified information is granted.


Guideline F

04/23/2009

Applicant still has significant outstanding debt and is still trying to resolve his financial problems. The Judge could reasonably conclude his problems were ongoing. Adverse decision affirmed.


Drugs

04/23/2009

Applicant mitigated infrequent use of marijuana from 1986 to 2007 by disassociating from drug-using associates, avoiding environments where drugs are used, abstaining from drug use; and signing a statement of intent with automatic revocation of clearance for any violation. Applicant also demonstrated abstinence, community and family involvement, and evidence of rehabilitative counseling. Considering the mitigating action taken by Applicant and the whole person concept, Applicant has mitigated security concerns raised. Clearance is granted.


Guideline B; Guideline C

04/23/2009

The language of Guideline B does not require the level of proof the Judge asserted from Department Counsel. The heightened risk language addresses an applicant's contacts, not necessarily the country that the foreign contact is from. The Judge's discussion about the normal and routine nature Applicant's immediate family contacts does not vitiate the government's security concerns. The Board is not able to conclude that the evidence of record is sufficient to overcome the government's security concerns. Favorable decision reversed..


Financial; Foreign Influence

04/23/2009

Applicant is 41 years old, married to a Japanese citizen, and with two children from a prior relationship. He works for a defense contractor in Japan. He incurred ten delinquent debts over the past nine years. He resolved seven of the minor delinquent debts, and owes three small debts totaling $1,049. He has not resolved $44,000 in student loans dating from 1993. At the same time, he borrowed over $40,000 for a new car, on a personal loan, and for credit card purchases. Applicant did not mitigate the financial considerations security concern. He mitigated the foreign influence security concern. Clearance is denied.


Financial

04/23/2009

Applicant accumulated multiple delinquent debts over the past six years for a variety of reasons. After they were placed for collection, and when the collection agencies would not negotiate reduced settlement amounts, Applicant decided not to pay them and just wait until they dropped off his credit report. He entered a debt consolidation plan the day before his hearing, with an initial $485 payment toward the $14,136 in consolidated debt. He has not yet established a meaningful track record of resolving his delinquent debt. Eligibility for access to classified information is denied.


Criminal Conduct; Drugs; Alcohol; Personal Conduct

04/23/2009

Applicant is a 27-year-old employee of a defense contractor. He mitigated all concerns except those raised by the intentional falsification of his Questionnaire for National Security Positions. Clearance is denied.


Drug Involvement, Personal Conduct

04/23/2009

Applicant used marijuana from 1999 to 2006, psychedelic mushrooms in 2001, and anabolic steroids from 2005 to 2006. His illegal drug use occurred after he was granted a security clearance in 1998. He has discontinued use of these drugs, and his association with those with whom he used them. His failure to list the complete extent of his use of anabolic steroids on his Security Clearance Application was not deliberate. However, he deliberately failed to disclose the circumstances of his termination from a job in 2000. His stated intent to remain drug-free does not outweigh his repeated illegal drug use, 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.


Foreign Preference, Foreign Influence

04/23/2009

Applicant and his wife were born and raised in Iran. Both are U.S. citizens. His children were born in the U.S. and reside with him in the U.S. His father, mother and one sister are citizens and residents of Iran. His wife's sister and one brother are citizens and residents of Iran. Two of his wife's brothers reside in the U.S. and his second sister is a citizen and resident of Belgium. His parents and sister in Iran are retired. Applicant and his wife maintain a normal relationship with their family members in Iran, except for her brother. Applicant visited Iran in 2003 and 2006 to attend his grandparents' funerals. He visited with his family members during these trips. His Iranian passport expired in 2007 and he does not intend to renew it or to travel to Iran. He owns property in the U.S., but not in Iran. He votes in U.S. elections, but not in Iranian elections. 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.


Guideline F

04/23/2009

The Judge found that Applicant's financial difficulties started in 2003.. He also found that Applicant's January 2009 bankruptcy filing shows in excess of $250,000 of unsecured debt. There is a rational connection between the facts found and the Judge's adverse decision. Adverse decision affirmed.


Financial

04/23/2009

Based on an argument that he is not required to file income tax returns because he has not earned taxable income, Applicant has deliberately failed to file Federal and state income tax returns from 2004 to 2007. He does not intend to timely file his 2008 returns. He has posited his arguments in the courts and with the IRS, losing in both forums. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Financial

04/22/2009

Applicant is 33 years old and employed as a Senior Analyst for a defense contractor. Due to circumstances beyond his control, namely the depressed real estate market, construction delays on his house, and periods of unemployment, he remains indebted to nine creditors, that include credit cards and delinquent taxes, in an amount in excess of $140,000.00. Although he has been working full time since June 2008, each of the delinquent debts set forth in the SOR remain outstanding. Sufficient mitigation has not been shown. Clearance is denied.


Financial

04/22/2009

Applicant is a 30-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied.


Financial; Personal Conduct

04/22/2009

Applicant mitigated security concerns under the Personal Conduct adjudicative guideline. However, he failed to mitigate security concerns under the Financial Considerations adjudicative guideline because his actions to pay or settle his debts were recent and of insufficient duration to demonstrate a consistent pattern of reliable payment. Clearance is denied.


Financial

04/22/2009

Applicant accumulated delinquent debt starting in 2001 because of a divorce and unemployment and underemployment. In 2004, he started working for defense contractors and has been steadily employed at good pay since then. He has not paid nor does he intend to pay about $7,000 in delinquent debts from 2001-2003 since the debts will be barred by the statute of limitations. He is current with his student loans, present child support payments, and current debts. He presently has a positive cash flow, and savings and retirement accounts. His refusal to pay past debts reflects on his security worthiness. Clearance is denied.


Financial

04/22/2009

Applicant accumulated about $6,000 of delinquent debt since discharging previous debt through a bankruptcy in October 2004. More than half of that debt consists of medical bills accrued while he was on medical disability for three years. During those years, he completed vocational training to improve his financial situation and obtain a better paying position. Although he paid only one of the debts to-date, he recently engaged a firm to begin the resolution of the debts. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Criminal Conduct; Alcohol Consumption

04/22/2009

Applicant commenced drinking alcohol when he was about 15 or 16. His alcohol consumption (80 ounces of beer) resulted in an arrest in November 2007 for leaving the scene of an accident, driving under the influence (DUI), and underage drinking. His BAC was 0.215. He was convicted of the DUI, and sentenced to one day in jail, a fine, suspended license, ordered to attend traffic school, participate in counseling, and required to have a breathalyzer ignition system installed. Despite his vows to abstain until he became 21, and never to drink and drive, on four separate occasions, as recently as November 2008, the breathalyzer ignition system denied him the opportunity to drive. He continues to consume alcohol. Applicant has failed to mitigate or overcome the Government's case. Clearance is denied.


Drug Involvement; Personal Conduct

04/22/2009

Applicant was granted access to classified information in 2000. He used marijuana two to three times a week in a social setting from 1970 until 2004. He used marijuana while holding a security clearance. He deliberately and willfully did not correctly answer questions on his two latest security clearance applications about his use of marijuana and that he had been investigated by the government for a security clearance. Clearance is denied.


Financial

04/22/2009

Applicant did not receive any pay checks for about 10 weeks during the summer of 2007. The lack of income contributed to her becoming delinquent on about $22,000 in debt. She has demonstrated minimal activity to address the delinquent debts alleged or to seek correction of any suspected errors on her credit report. Applicant failed to carry her burden in this matter. Security concerns remain unmitigated. Clearance is denied.


Financial

04/22/2009

Applicant mitigated the financial consideration security concerns. Applicant's statement of reasons (SOR) lists 11 delinquent debts, totaling $14,859. Because of duplications, she had seven delinquent debts totaling about $9,500. Applicant settled and paid her SOR debts. She does not currently have any delinquent debt. Clearance is granted.


Financial

04/21/2009

The Applicant attributes his substantial past due indebtedness to two prior divorces. However, he has done nothing to address his past due debts. Clearance is denied.


Financial

04/21/2009

This 36-year-old employee of a defense contractor has mitigated the security concerns under the financial considerations guideline. He has paid the majority of his delinquent debt and has a payment plan for a judgment. Clearance is granted.


Financial Considerations

04/20/2009

Applicant mitigated security concerns arising from delinquent debts totaling over $22,000. The debts were primarily medical bills arising from surgery in 2004 which resulted in low income for four years. She has now paid many of the debts, and is in a debt consolidation program contributing $400 per month to pay the remaining $16,000. Clearance is granted.


Financial

04/20/2009

Applicant incurred significant debts in the last three years because of health issues, under employment and unemployment. He has not provided any evidence showing what he has done to resolve the debts listed in the SOR, including the development of a repayment plan. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Foreign Influence

04/20/2009

Applicant and his spouse were granted political asylum in the United States in 1995 because they had been active in student demonstrations in the People's Republic of China (PRC). Foreign influence concerns persist because close family members remain resident citizens of the PRC. Clearance is denied.


Financial

04/20/2009

Applicant and her husband have accumulated numerous delinquencies over the past ten years. However, Applicant's efforts to meet her obligations, despite five periods of unemployment or underemployment, and her husband's serious medical problems, demonstrate reliability and a mature response to a difficult situation. Evidence shows that she acted responsibly by seeking financial counseling, and making consistent payments toward her debts for almost two years, when she was financially able. Applicant's debts stem from standard living expenses, and her husband's medical expenses, and are unrelated to drug or alcohol abuse, gambling or excessive spending. Her trustworthiness is not at issue. The government's security concerns under Guideline F are allayed. Clearance is granted.


Foreign Preference; Foreign Influence

04/20/2009

Applicant mitigated the foreign influence security concerns arising from his contacts with residents and citizens of Brazil. He failed to mitigate the foreign preference security concerns raised by his continuous exercise of his Brazilian citizenship. Eligibility for access to classified information is denied.


Foreign Influence

04/20/2009

Applicant mitigated the foreign influence concerns that arose from her ties to and contact with her husband, father and other family members who are citizens and residents of Bosnia and Herzegovina.


Guideline F

04/17/2009

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


Guideline F

04/17/2009

Applicant argues that the Judge did not correctly weigh the mitigating evidence. A party's disagreement with the Judge's weighing of the evidence or ability to ague for a different interpretation of the evidence is not sufficient to demonstrate the Judge weighed the evidence in an arbitrary or capricious manner. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

04/17/2009

The Applicant has a considerable number of bad debts. In addition he engaged in criminal conduct involving fraud and theft, and also falsified a security clearance questionnaire. Sufficient mitigation is not shown. Clearance is denied.


Financial; Personal Conduct

04/16/2009

Applicant's available favorable information is insufficient to show that she is in control of her finances and that she has a track record of financial responsibility. She also failed to establish she did not falsify her security clearance application. Eligibility for access to classified information is denied.


Financial

04/16/2009

Applicant mitigated security concerns arising from delinquent debts. The debts arose over a period of several years after expensive spinal surgeries in 2000 and 2001 that resulted in several months of unemployment. She has almost paid one of the three largest debts, cleared a second one for delinquent auto loan payments, and is negotiating the third one. The remaining debts of approximately $3,000 are mostly for family medical expenses. She has been unable to do more because of limited income and family responsibilities since she provides the only income for the family of six. Recently, she received a promotion and took steps to reduce expenses so she can now resolve the remaining debts. She has worked for the same company for 15 years holding a security clearance for 12 years. She is highly regarded by her employer. Clearance is granted.


Financial

04/16/2009

Applicant is 37 years old, married with three children, and works for a defense contractor. He filed Chapter 7 bankruptcy in 1999 and discharged $30,000 of delinquent debt. After that event, he incurred fifteen delinquent debts totaling $62,602 over the past eight years. He has not resolved any of these debts. Applicant did not mitigate the financial considerations security concerns. Clearance is denied.


Financial

04/16/2009

Applicant is a systems engineer for defense contractors. He had an acrimonious divorce from his second wife in 2004. He refuses to comply with the child support court order. He has not paid Federal or state income taxes since 2005, because he does not want any refund to go to his former wife under the court order. He did pay eight debts totaling $2,640, but over $62,000 remains outstanding and unresolved, in addition to his income tax liabilities. Applicant did not mitigate the financial considerations security concern. Clearance is denied.


Financial

04/16/2009

Applicant has four delinquent student loans and three other small delinquent debts resulting from about a year of unemployment. She is following a loan rehabilitation repayment agreement, will pay the other debts from her tax refund, and is living within her means. Eligibility for access to ADP I/II/III sensitive information is granted.


Financial

04/16/2009

Applicant had some delinquent debts incurred more than three years ago that she could not afford to repay. All these debts were finally discharged in bankruptcy in January 2009. She is now solvent, financially responsible, and debt-free. Eligibility for access to classified information is granted.


Guideline B; Guideline C; Guideline M

04/16/2009

Case remanded for Judge to consider evidence submitted but not included in the record. Adverse decision remanded.


Financial

04/16/2009

Applicant accumulated several delinquent debts following his divorce and during periods of ensuing unemployment. He is able to document withholding of child support arrearage and student loan consolidation, but does not furnish any proofs of resolution of any of his remaining listed debts. Applicant demonstrates some positive initiatives in his community but not enough to overcome remaining concerns about the condition of his finances. Applicant does not mitigate security concerns associated with his finances. Clearance is denied.


Financial

04/16/2009

Applicant's available favorable information is insufficient to show that he is in control of his finances and that he has a track record of financial responsibility. Eligibility for access to classified information is denied.


Guideline F

04/16/2009

A Judge's weighing of the evidence will not be overturned unless it is arbitrary, capricious, or contrary to law. Furthermore, an applicant is not made more or less suitable for a clearance based on how the Judge's decision might affect the applicant. Adverse decision affirmed.


Financial

04/15/2009

Applicant owed approximately $18,000 on five past due accounts. All of the obligations have been paid. Applicant has successfully mitigated financial considerations security concerns. Clearance is granted.


Financial

04/14/2009

Applicant is 34 years old and employed as a painter for a defense contractor. He is indebted to ten creditors in the amount of approximately $66,000.00. Through no fault of his own, Applicant's unemployment and underemployment caused his financial demise. He has since found a good job, contacted a consumer credit counselor, set up a payment plan and is paying his delinquent debts. He has made a good faith effort to resolve his delinquent debts. Sufficient rehabilitation has been shown. Clearance is granted.


Financial

04/14/2009

Applicant was terminated from a position with good pay and benefits because he could not work overtime. He then worked only low paying positions with no benefits. He suffered congestive heart failure and incurred large medical debts. He did not work for some time only drawing unemployment. He is now working in a good position with medical benefits. He still has only a limited income but he is trying to pay his delinquent debts. Clearance is granted.


Personal Conduct; Information Technology; Sexual Behavior

04/14/2009

Applicant misused a government computer in 1998 to view pornography while on active duty. He was fired while a probationary government employee in 2006 for alleged computer misuse that was neither serious nor the actual reason. He fully mitigated potential security concerns arising from his conduct. Eligibility for access to classified information is granted.


Foreign Influence

04/14/2009

Applicant is a U.S. citizen by birth. His father, mother, and four sisters are U.S. citizens residing in the West Bank of the Palestinian Territories. Applicant is in frequent contact with his family in the West Bank. He provides a portion of their financial support, and he visits them regularly, He plans to visit them in the future. Applicant failed to mitigate security concerns under the Foreign Influence adjudicative guideline. Clearance is denied.


Psychological Conditions

04/14/2009

Applicant is 45 years old and employed as a Technician D for a defense contractor. He has been diagnosed by a competent mental health professional with Paranoid Personality Disorder. His present mental condition can cause a significant defect in his judgment, reliability and trustworthiness and his ability to adequately protect classified information. No mitigation has been shown. Clearance is denied.


Financial

04/14/2009

Applicant's available favorable information, including his six years of active duty military service in a Special Forces unit, is insufficient to show that he is in control of his finances and that he has a track record of financial responsibility. Eligibility for access to classified information is denied.


Guideline F

04/13/2009

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


Guideline E

04/13/2009

The Judge based his ultimate holding upon the extent to which Applicant's conduct with a particular woman (W) evidences poor judgment or subjects him to the possibility of duress, rather than simply upon the nature of the relationship itself. The Board finds no reason to disturb the Judge's conclusion that the record as a whole in Applicant's case raises Guideline E security concerns. Hearing Office decisions are binding neither on other Hearing Office Judges nor on the Board. The Judge articulated a satisfactory explanation for his decision including a rational connection between the facts found and the choice made. The Judge explicitly considered Applicant's stellar 40-year career. However, he reasonably explained why Applicant's recent conduct with W weighs more heavily than his prior good record. The Judge's conclusion that Applicant had failed to meet his burden of persuasion as to mitigation, either under the pertinent mitigating conditions or the whole-person factors, is sustainable on this record. After the Government presents evidence raising security concerns, the burden shifts to the applicant to rebut or mitigate those concerns. Adverse decision affirmed.


Guideline F; Guideline E

04/13/2009

The Board does not review a case de novo. Adverse decision affirmed.


Financial; Personal Conduct

04/10/2009

Applicant failed to mitigate the security concerns caused by his recent abuse of controlled substances. He also failed to mitigate the security concern caused by his failure to disclose in his security clearance application that he used a controlled substance while he possessed a top secret security clearance.


Financial; Personal Conduct

04/10/2009

Applicant has twelve past due accounts totaling more than $19,000. He has paid less than $50 on the debts. Additionally, he did not give honest answers when completing his security clearance applications. Applicant has not successfully mitigated financial considerations and personal conduct security concerns. Clearance is denied.


Foreign Influence

04/09/2009

Applicant was born in India and came to the U.S. as a student in 1985. In 2001, both Applicant and his wife became naturalized U.S. citizens. Applicant's parents are naturalized U.S. citizens who live part of the year in India. His older brother lives in California and his younger brother lives in India. Both are naturalized U.S. citizens. Applicant's mother-in-law is a citizen and resident of India. Applicant has rebutted or mitigated the government's security concerns under foreign influence. Clearance is granted.


Financial

04/09/2009

Applicant has a history of financial irresponsibility. Between 2001 to 2007, he incurred 23 delinquent accounts, an approximate total of $16,625. A divorce, child custody issues, and several periods of unemployment related to on-the-job injuries provide mitigation for incurring the delinquent debt. However, Applicant continued to incur delinquent accounts after becoming employed full-time. He has no plan to resolve his delinquent accounts, even though he has been gainfully employed for over two and a half years. Applicant has not met his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Criminal Conduct, Personal Conduct

04/09/2009

Commencing while he was in high school, Applicant was a substance abuser whose choice of substances was alcohol, marijuana, and methamphetamines. He was convicted on three occasions between 1993 and 2001. He has abstained from drug abuse since 2003, and also substantially decreased his alcohol consumption. In 2007, he completed an e-QIP and omitted at least one arrest, but his omissions were not deliberate falsifications. Applicant has turned his back on the old crowd and shed his bad habits, and developed a new life and lifestyle. The changes have brought about a positive attitude and outlook. There is significant rehabilitation and other pertinent behavioral changes, and recurrence is unlikely. Applicant has, through evidence of extenuation and explanation, successfully mitigated and overcome the government=s case. Clearance is granted.


Financial

04/08/2009

Applicant has a history of financial irresponsibility. A failed business caused she and her husband to file for Chapter 7 bankruptcy in October 1998. In the summer of 2006, Applicant entered into an investment agreement with an Internet company involving distressed real estate. Eventually, employees of the company were indicted for mortgage fraud. Applicant was left with three mortgages totaling $757,000 facing foreclosure. At the close of the record, the status of the mortgages was uncertain. Applicant's lack of due diligence in investigating the Internet company's offer of easy money prior to entering into the agreement, raises serious questions about her judgment. She has not met her burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

04/08/2009

This 34-year-old employee of a defense contractor has mitigated the security concerns under the financial considerations guideline. Applicant has resolved her delinquent debt. Clearance is granted.


Financial; Personal Conduct

04/08/2009

Applicant fell behind on his mortgage payments and the property was foreclosed, but the value of the property was sufficient to satisfy the indebtedness. He failed to disclose an arrest for a domestic violence incident on his security clearance application. He mitigated the financial concerns and refuted the allegation that he falsified his security clearance application. Clearance is granted.


Financial

04/08/2009

Applicant owes more than $60,000 in delinquent debt that she plans to resolve with legal assistance. While she has satisfied one creditor and is making payments to another following garnishment proceedings, it is too soon to conclude that her financial problems are safely in the past.


Financial Considerations; Personal Conduct; Criminal

04/08/2009

Applicant has four unresolved debts. He has either not contacted the creditors about the debts or followed through on information received from the creditors. He provided ten false and misleading paid in full letters to the security adjudicator with intent to deceive in response to the SOR. This action also violates federal criminal law. Clearance is denied.


Personal Conduct

04/08/2009

Applicant is 26 years old. She failed to divulge her complete history of illegal drug use on her security clearance application and later when she was interviewed. I find she failed to mitigate the security concerns raised under the Guideline for Personal Conduct. Clearance is denied.


Criminal Conduct; Personal Conduct

04/08/2009

Applicant pled guilty to manslaughter in juvenile court for a gang-related murder that occurred in 1996, when he was 16. He denied this felony arrest and conviction on his current security application, and falsified the details of the incident and a later traffic conviction in a subsequent interview. Eligibility for access to classified information is denied.


Foreign Influence

04/08/2009

Applicant left South Korea when he was nine and never returned. Applicant, his siblings, his spouse, his two children and his father all live in the United States. His father, who is a U.S. citizen, frequently meets with high-level South Korean officials and acts as an unofficial liaison between South Korean officials and U.S. citizens and officials. Applicant has significantly greater contacts with the United States than with South Korea. He can be expected to resolve any conflict of interest in favor of U.S. interests. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted.


Financial; Personal Conduct

04/07/2009

Applicant failed to mitigate security concerns under the Personal Conduct and Financial Considerations adjudicative guidelines. He admitted 14 delinquent debts, totaling $34,898, and he failed to identify and report the extent of his financial delinquencies on his security clearance application. Eligibility for a security clearance is denied.


Personal Conduct

04/07/2009

Applicant is 28 years old. He has a history of criminal offenses that he failed to completely divulge on a 2007 security clearance application and a 2003 public trust application. His explanations for the omissions were not credible. He failed to mitigate the security concerns under Guideline E, Personal Conduct. Clearance is denied.


Financial

04/07/2009

Applicant failed to mitigate security concerns arising from delinquent debts totaling over $30,000. The debts arose over a period of several years. He has held a responsible job over the past four years after nine years of military service, yet very little has been done to resolve the debts. He admits that he has been irresponsible in his financial affairs. Clearance is denied.


Financial; Personal Conduct

04/07/2009

Applicant owes approximately $189,000 in delinquent debts; she denied any delinquent debts of over 180 days on her SF-85P. She lacks a coherent plan to resolve her debts, and she has failed to mitigate security concerns arising under the Financial Considerations and Personal Conduct adjudicative guidelines. Eligibility for access to sensitive Information is denied.


Financial

04/06/2009

Applicant incurred at least $8,000 related to his daughter's wedding because his former wife refused to pay for half the wedding. Additionally, Applicant had to provide room/board and about $1,500 in legal costs for his daughter during her marital discord. However, having paid only $1,635 to present creditors, and still owing more that $40,000 to nine creditors, Applicant has failed to convince me he has his financial problems under control. Eligibility for access to classified information is denied.


Alcohol

04/06/2009

Applicant is a 45-year-old employee of a defense contractor. He was diagnosed as alcohol dependent in 2004, after a short stay in a hospital. He continues to drink two to four beers every day after work. There are no alcohol-related arrests or incidents. He mitigated the security concerns raised by his alcohol use. Clearance is granted.


Personal Conduct

04/06/2009

Applicant was denied a security clearance in 1989 after expressing his belief in the validity of terrorism as a tool in fighting oppression, and admitting to disclosure of classified information to a foreign-national prostitute while serving in military intelligence duties. His recent statements concerning both issues support ongoing concerns about his judgment and willingness to comply with security rules and regulations. Eligibility for access to classified information is denied.


Guideline F

04/03/2009

Applicant correctly identifies some minor errors in the Judge's decision but they are harmless in that it is unlikely that the result of the Judge's decision would have been different without the errors. Adverse decision affirmed.


Guideline H

04/03/2009

The Judge found that Applicant has used marijuana and or hashish from 1967 to the present The Judge's findings are sustainable. His adverse conclusions follow from his findings. Adverse decision affirmed.


Guideline F

04/03/2009

The Board does not have the authority to grant Applicant's request for an opportunity to submit new evidence. Adverse decision affirmed.


Foreign Preference; Foreign Influence

04/02/2009

Applicant, a native-born U.S. citizen, failed to mitigate the foreign influence and foreign preference security concerns arising from becoming an Israeli citizen, his exercise of this dual citizenship, and his close relationship and contacts with family members who are citizens and residents of Israel. Eligibility for access to classified information is denied.


Guideline F

04/02/2009

To the extent that Applicant's appeal does not rely on impermissible new evidence it is ambiguous. Applicant was advised in writing of her procedural rights and opportunities with a File of Relevant Material. Adverse decision affirmed.


Guideline B

04/02/2009

Applicant's in-laws live in Russia. His wife speaks to them several times per month. Recently, Applicant and his wife invested in property in Russia in order to develop a hotel to be operated by his in-laws upon the retirement of his father-in-law. Russia has an active, recent, and ongoing intelligence collection program targeting the U.S. Russian officials reportedly engage in human rights abuses, including abductions, torture, coerced confessions, and unlawful surveillance of citizens and visitors. The Judge's material findings of security concern are supported by substantial record evidence. A Judge is presumed to have considered all the evidence in the record. A party's disagreement with the Judge's weighing 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. There is a rebuttable presumption that a person has ties of affection for, or obligation to, the immediate family members of the person's spouse. The Judge's whole person analysis complies with the requirements of the Directive. The Judge noted Applicant's favorable evidence but balanced that against the presence of in-laws and property in Russia, which has a problematic human rights record and conducts espionage against the U.S.


Financial

04/01/2009

Applicant is 54 years old. He was employed for more than 27 years with a federal contractor before his company was downsized and he lost his job. He was unemployed for 13 months. During that time he made minimum payments on his credit cards, but was late in paying other bills. He has set up a repayment plan for all of his debts. He has a budget and is taking a financial management course. Applicant has successfully mitigated security concerns raised under Guideline F, Financial Considerations. Clearance is granted.


Guideline F

04/01/2009

A party's disagreement with the Judge's weighing of the evidence or an ability to argue for an a different interpretation of the evidence is not sufficient to demonstrate that the Judge's decision is erroneous. Adverse decision affirmed.


Guideline E; Guideline J

04/01/2009

Applicant's arguments do not demonstrate that the Judge erred either by concluding that Applicant's drug-related arrests and conviction were not mitigated nor by finding that Applicant had deliberately omitted that information. Adverse decision affirmed


Guideline C; Guideline B

04/01/2009

Each case must be decided on its own merits. Hearing Office decisions are not binding on other Hearing Office Judges nor on the Appeal Board. A judge is presumed to have considered all the record evidence. Adverse decision affirmed.


Criminal Conduct

04/01/2009

Applicant committed three minor criminal offenses over 26 years ago. He was involved in a criminal incident in 2006 that led to an arrest for aggravated assault, criminal trespass, reckless endangerment, and public intoxication. He was placed in a pre-trial diversion program. He completed the program in September 2008. Applicant mitigated his criminal conduct by the passage of time, and his actions showing that he is successfully rehabilitated. Clearance is granted.


Financial

03/31/2009

Applicant has two delinquent credit card debts totaling $16,038, and he is liable for $5,352 on a car loan he co-signed for an in-law. A judgment for $34,981 on a delinquent home mortgage was entered against him and was satisfied by the foreclosure sale. Clearance is denied.


Financial, Personal Conduct

03/31/2009

The Statement of Reasons alleges nine debts, which started accruing in the late1990s and amount to more than $43,000. Applicant has not paid or resolved any of these debts. The largest delinquencies result from federal tax liens that have been unpaid for almost a decade. Applicant also has a state tax lien, as well as other debts that have been delinquent for two to five years. Despite a history of delinquencies spanning many 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.


Financial

03/31/2009

Applicant was unwittingly the victim of a real estate scam in the mid-2000s. As a result, she was left holding two mortgage accounts with past due balances. After sufficient facts emerged to indicate she might be the victim of fraud, she investigated the properties, worked with the mortgagor, sought to sue the lead con man for monies owed, and let the property go to foreclosure rather than file bankruptcy. Under these unique circumstances, Applicant mitigated financial security concerns. Clearance is granted.


Drugs

03/31/2009

Applicant used marijuana twice in 2007 when he was twenty-two years old and a college student on a co-op program for which he held a security clearance. He was open and honest about his use of marijuana in his responses to Interrogatories and to questions at the hearing. He is highly regarded by his supervisor and fellow worker. He no longer associates with those that use illegal drugs and executed a document that any future use of illegal drugs would mean an automatic revocation of his security clearance. He mitigated security concerns for his use of illegal drugs. Clearance is granted.


Financial

03/31/2009

Applicant is network administrator who experienced periods of unemployment as his industry experienced turbulent times. While some of his accounts went delinquent during these periods, all but about $400 has been repaid. Applicant mitigated financial considerations security concerns. Clearance is granted.


Financial

03/31/2009

The Statement of Reasons listed nine past due debts that totaled approximately $28,000. Applicant has paid the largest debt, which totaled $22,000, three other debts, and is not liable for the next largest debt of $3,910. She has addressed the remaining debts. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Financial

03/31/2009

Applicant is a 31-year-old employee of a defense contractor. She accrued some delinquent debt in 2000, after her husband was discharged from the military and was unemployed for an extended period. She has not accrued any new delinquent debt in several years. Her finances are now in order. Clearance is granted.


Financial

03/31/2009

Applicant had ten delinquent accounts totaling approximately $94,000. She is making payments on three debts totaling approximately $6,000. The remaining debts have not been paid nor has any repayment arrangement been made. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial

03/31/2009

Applicant is 31 years old and employed by a defense contractor. She is excessively indebted to at least nine separate creditors totaling in excess of $20,000.00. She states that she has set up a strict budget payment plan that will eliminate her indebtedness within two to four years, however, she has provided no documentary evidence to support this claim. None of the delinquent debts in the SOR have been paid. Sufficient mitigation has not been shown. Clearance is denied.


Financial

03/31/2009

Applicant is 43 years old. Prior to obtaining his position with a defense contractor in 2007, he accrued a significant number of delinquent debts that he has not paid or resolved, despite asserting for numerous months that he intended to address them. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Financial

03/31/2009

Applicant for ADP trustworthiness position failed to mitigate financial allegations arising from ten admitted delinquent debts totaling approximately $9,500. Some arose from health problems, underemployment of, and separation from her husband. No credible supporting evidence was offered to indicate that the debts had been or can be paid by Applicant. Eligibility for a public trust position is denied.


Financial

03/31/2009

The Statement of Reasons alleges more than $44,000 in delinquent debt, which started accruing approximately eight years ago. Applicant is making payments on one debt. After the hearing, she has arranged for a payment plan on the largest debt, but had made no payments as of the date of submission. She disputes more than half of the debts in the Statement of Reasons, but other than notifying the credit reporting agencies of some of them, she has made no effort to resolve the disputed delinquencies. Most of Applicant's efforts occurred after her security clearance investigation began, indicating a response to the process rather than a good-faith effort to resolve her debts. While in the service, in 1991, Applicant was found guilty of submitting false claims for reimbursement of the cost of temporary lodging. She received non-judicial punishment. In sum, Applicant has failed to allay the government's security concerns under Guideline F. Clearance is denied.


Financial

03/31/2009

Twenty-six-year-old Applicant, a single mother with three children, was confronted with the usual lifestyle choices and expenses. Because of her immaturity and gullibility, she experienced extensive financial delinquencies, with accounts charged off or sent to collection. After consulting with a financial counselor, and with substantial new maturity, she has established a "meaningful track record" of debt payments by actually paying some of her delinquent SOR debts, setting up arrangements with others, and setting up her personal plan to resolve the remaining debts. Her actions in addressing her debts indicate good-faith efforts on her part, and show clear indications any such problem is now largely under control. Questions and doubts as to her security eligibility and suitability have been satisfied. Clearance is granted.


Criminal Conduct; Alcohol; Personal Conduct

03/31/2009

This 26-year-old employee of a defense contractor has not mitigated the security concerns under the criminal conduct guideline and the alcohol consumption guidelines. He has mitigated the personal conduct concerns because he did not intentionally falsify his answers on his security clearance application. Clearance is denied.


Foreign Influence, Personal Conduct, Financial

03/31/2009

Applicant failed to mitigate the security concerns raised by his financial problems and his misrepresentation of those financial problems on several clearance applications. Clearance denied.


Foreign Preference

03/31/2009

Applicant, a native of Senegal, obtained a Senegalese passport after becoming a U.S. citizen. He never used his Senegalese passport, and he surrendered it to his security officer after learning it raised security concerns. The passport has been destroyed. Clearance is granted.


Financial

03/31/2009

Applicant accumulated delinquent debt since 2002. While he has paid several accounts, approximately $38,546 in delinquent accounts remain. Applicant's monthly expenses are more than his monthly income. The financial problems are the result of poor financial planning as opposed to circumstances that were beyond Applicant's control. Applicant has not mitigated the concerns raised under financial considerations. Clearance is denied.


Drugs; Personal Conduct

03/31/2009

Applicant is 55 years old, widowed, and works for a defense contractor. He has a security clearance. Applicant used marijuana while holding this clearance. He falsified his answers on his 2007 security clearance application pertaining to his marijuana use. In 1990 Applicant also had an unfavorable decision on his security clearance application on the basis of drug involvement and personal conduct for falsifying his 1989 security clearance application. Applicant did not mitigate the drug involvement and personal conduct security concerns. Clearance is denied.


Drugs; Personal Conduct

03/31/2009

From 2000 to 2008, Applicant illegally used marijuana, and since 2004, used it while holding a security clearance. When completing various security clearance applications, he failed to disclose his full arrest record and history of marijuana usage. Applicant has failed to rebut or mitigate the government's security concerns under drug involvement and personal conduct. Clearance is denied.


Financial

03/31/2009

Applicant had some delinquent debts incurred more than four years ago that he was prevented from repaying by unforeseen medical problems. All these debts were finally discharged in bankruptcy in October 2008. He is now solvent and debt-free. Eligibility for access to classified information is granted.


Criminal Conduct; Alcohol

03/31/2009

Applicant is a 36-year-old employee of a defense contractor. She was convicted of driving while intoxicated in 1996 and 2007, and possession of marijuana in 2000. She provided contradictory information about her current alcohol consumption. She has not mitigated the security concerns raised by her criminal conduct and alcohol use. Clearance is denied.


Security Violations; Personal Conduct; Foreign Preference

03/31/2009

After being briefed by his security officer about his responsibilities for protecting classified information, Applicant began an extra-marital affair with a dual citizen of Russia and Sweden. For about seven months, he did not report his close personal relationship with this foreign national to his employer's security personnel. Applicant later married the citizen of Russia and Sweden. He now lives with her and her two children, who are also citizens of Russia and Sweden. His father-in-law, mother-in-law, and sister-in-law are citizens and residents of Russia. Applicant failed to mitigate security concerns under Adjudicative Guidelines K, E, and B. Clearance is denied.


Criminal Conduct; Sexual Behavior; Foreign Influence

03/31/2009

Applicant is 43 years old and has worked overseas for a defense contractor since 1993. He is accused of physically and sexually assaulting his ex-wife and young daughter. There is sufficient evidence to substantiate the allegations. Applicant failed to meet his burden of persuasion for allegations under Guidelines J, Criminal Conduct and D, Sexual Behavior. Applicant has a girlfriend in the Philippines. He has successfully mitigated the security concerns raised under Guideline B, Foreign Influence. Clearance is denied.


Alcohol; Drugs; Personal Conduct

03/31/2009

Applicant's longstanding abuse of marijuana and alcohol generate security concerns. Although he mitigated the concerns related to alcohol use, he failed to mitigate the marijuana use concerns given the length of time of the use, and the intentional failure to list it on a security clearance application. Clearance is denied.


Financial

03/30/2009

Applicant incurred six delinquent accounts, an approximate total of $43,811. While periods of unemployment and a divorce complicated Applicant's financial situation, he continues to have financial problems after obtaining full-time employment. He provided proof that he made one payment towards one of his delinquent accounts. However, all delinquent debts remain unresolved with no plan in place to resolve the delinquent debt. Applicant's financial situation is further complicated by the discovery at hearing that he has federal income tax issues for tax years 2005, 2006, and 2007. He has not met his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Financial

03/30/2009

Applicant is 36 years old and employed by a defense contractor. She had two delinquent debts totaling the amount of approximately $39,600.00. She recently settled one of her delinquent debts for $9,600.00, and she paid it off in full. She is in the process of setting up a payment plan to pay her remaining debt of $14,848.00. She understands that she must begin to resolve this remaining debt immediately. Since then, she has been current with all of her monthly expenses and she has generated no new delinquent debt. Applicant's history of financial mismanagement has been mitigated. Clearance is granted.


Financial

03/30/2009

Applicant failed to mitigate the security concerns about his failure to resolve more than $43,000 in delinquent debt despite having sufficient means to do so. Clearance is denied.


Financial

03/30/2009

Applicant is 46 years old and employed by a defense contractor. She is excessively indebted to at least eleven separate creditors in the amount of approximately $8,000.00. She states that she has either paid/settled or resolved two of the debts as well as a judgment that was entered against her, however, she has provided no documentary evidence to support this claim. Sufficient evidence of financial rehabilitation has not been shown. Clearance is denied.


Financial

03/30/2009

Applicant was a corporate officer in his own corporation with a partner who also owned 49% of the company. A minority shareholder had the remaining 2%. Applicant paid his credit card debts on time every year from his salary until being ousted from his position in September 2004. Applicant immediately ceased using the cards, returned them to the issuers, and retained legal counsel to seek settlements on each debt and sue his former partner for wrongful corporate actions. He was then unemployed until May 2008, while being retrained by obtaining another college degree. Applicant did not incur additional credit card debt since 2004. Applicant mitigated the financial considerations security concern. Clearance is granted.


Drugs; Personal Conduct

03/30/2009

The Applicant used marijuana on a single occasion in 2007. He is remorseful about this incident, has been consistently forthcoming about it, and evinces a credible intent not to engage in such conduct in the future. Sufficient mitigation is shown. Clearance is granted.


Misuse of Information Systems; Personal Conduct; Criminal Conduct

03/30/2009

Applicant accessed adult pornographic web sites at work through e-mails received from co-workers and his wife over a five-year period. Terminated from his employment for this activity, Applicant has taken concerted steps to prevent recurrence and has not accessed any form of pornographic web sites in almost three years. Applicant mitigates misuse of information systems concerns and related personal conduct concerns. Applicant also mitigates criminal conduct concerns stemming from a single and isolated domestic assault incident involving his ex-wife in 2006. Clearance is granted.


Alcohol

03/30/2009

Applicant failed to mitigate the security concerns raised by his seven-year history of alcohol abuse, punctuated by two alcohol-related convictions. Clearance denied.


Foreign Preference; Foreign Influence

03/30/2009

Applicant is a native of Italy who became a U.S. citizen in May 1999, but she has retained her Italian passport and is unwilling to relinquish it. She has voted in at least two Italian elections since becoming a U.S. citizen. Her father, mother, two brothers, and two sisters are citizens and residents of Italy. Security concerns based on foreign influence are mitigated, but security concerns based on foreign preference are not mitigated. Clearance is denied.


Drugs

03/30/2009

The Applicant used marijuana on more than 200 occasions between January 1998 to at least January 2008. He did not show a credible intent to refrain from such conduct in the future. Sufficient mitigation is not shown. Clearance is denied.


Financial; Personal conduct

03/30/2009

Applicant has been married for more than 20 years, and has worked for her employer since 1988 without interruption. In July 2008, Applicant disclosed her net monthly remainder is more than $3,000. Yet, she has not repaid any of the creditors listed in the Statement of Reasons. Moreover, she tried to conceal her debts from her December 2006 application for employment. Applicant's financial difficulties and deliberate falsification of her application have not been mitigated. Eligibility for a sensitive position is denied.


Financial; Personal Conduct

03/30/2009

Applicant is 32 years old and employed by a defense contractor. She is excessively indebted in the amount of approximately $10,306.00. Since the debts were old, she thought that she did not have to pay them. She recently hired a consumer credit counselor to assist her in resolving her delinquent debt. At the present time, however, she has not made even one payment toward the debt. No good faith effort to resolve her indebtedness has been demonstrated. Furthermore, Applicant deliberately failed to list the extent of her delinquent debts on her security clearance questionnaire, in violation of Title 18, United States Code, Section 1001. Sufficient rehabilitation has not been shown. Clearance is denied.


Guideline F

03/30/2009

Applicant has not made a claim of harmful error. Adverse decision affirmed.


Financial

03/30/2009

Applicant is 33 years old and employed by a defense contractor. He is excessively indebted in the amount of approximately $32,666.00. He attributes his delinquent debts to his ex-wife who opened accounts that he was not aware of and refused to pay. He failed to submit any documentation to support this claim. He states that he plans to pay his delinquent debts as soon as possible. Sufficient mitigation has not been shown. Clearance is denied.


Guideline C; Guideline B

03/30/2009

The Judge's material findings of security concern are supported by substantial record evidence. The errors contained in the "Summary of Pleadings" section of the decision do not impugn the sufficiency of the Judge's findings of fact. The Judge considered the wife in the context of Applicant's in-laws, who are citizens and residents of Iran. There is a rebuttable presumption that a person has ties of affection for, or obligation to, the immediate family members of the person's spouse. Applicant challenges the Judge's weighing of the mitigating evidence. The weighing of the evidence is within a Judge's discretion and will not be disturbed by the Board absent a showing that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law, or not supported by the record as a whole. There is no such showing here. Adverse decision affirmed


Financial

03/30/2009

Applicant failed to mitigate the security concerns raised by her continuing financial problems after her November 1995 bankruptcy discharge. Clearance denied.


Financial

03/30/2009

Applicant is a long-haul truck driver. He had a stroke in July 2008 which reduced his income, making it difficult to pay his delinquent debts. He is making payments to several creditors and paid five creditors before the SOR was written. His unpaid medical debts are less than $1,200. Applicant mitigated the financial considerations security concern. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

03/30/2009

Applicant is 33 years old and employed by a defense contractor. He is excessively indebted in the amount of approximately $15,585.00. He attributes his financial problems to "poor budgeting skills". He has made no good faith effort to resolve his delinquent debts and they remain outstanding and owing. In addition, Applicant deliberately provided false information on the security questionnaire concerning his arrest record, drug involvement and financial matters in order to secure a good job, in violation of Title 18, United States Code, Section 1001, a felony. Sufficient mitigation has not been shown. Clearance is denied.


Drugs

03/30/2009

Applicant failed to mitigate the security concerns about his regular marijuana use over the last 13 years. Clearance denied.


Guideline F; Guideline E; Guideline J

03/30/2009

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


Financial

03/27/2009

This 40-year-old employee has not mitigated the security concerns under the financial considerations guideline. He has a tax lien in the amount of $7,410 and approximately $38,000 delinquent debt. He does not have a repayment plan at this time. Clearance is denied.


Criminal Conduct; Personal Conduct

03/27/2009

Applicant mitigated criminal conduct concern arising from 1987 court martial conviction for theft of a motorcycle, and personal conduct concern about his failure to report the conviction at Question 23 of SF 86 for conviction of a felony. On appeal the conviction was reversed after he had served 13 months. He was restored to his rank, tried again, and sentenced to 10 months already served with no discharge. He was subsequently honorably discharged. The security concern is mitigated by passage of time with no subsequent criminal issues for the past 22 years and his confusion as to what level of crime he had been convicted of because of the appeal, reversal, and lesser sentence of the re-trial. Clearance is granted.


Financial

03/27/2009

This 38-year-old employee has not mitigated the security concerns under the financial considerations guideline. He has approximately $20,000 of delinquent debt. He does not have a repayment plan at this time. Clearance is denied.


Financial

03/27/2009

The Applicant's financial difficulties can be attributed to a period of unemployment, and to subsequent employment at a cut in pay. However, he has done little to address his substantial past due indebtedness. Clearance is denied.


Alcohol Consumption; Personal Conduct

03/27/2009

Applicant mitigated alcohol consumption security concerns about three alcohol related criminal incidents during a six months period two years ago. She is now 20 years old, and enrolled in college with excellent work performance. She no longer drinks and is living in a structured environment. She mitigated personal conduct security concerns about her statement to a government investigator about facts relating to one of the incidents. Her statement was not a deliberate attempt to deceive. Clearance is granted.


Criminal Conduct

03/27/2009

Applicant's failure to appear at a 1995 criminal arraignment, and his continued failure to respond to the resulting arrest warrant trigger a Criminal Conduct security concern that he failed to mitigate.


Financial; Personal Conduct

03/26/2009

Applicant is 52 years old. He has approximately $53,000 in delinquent debt that he has not resolved. He intentionally failed to divulge his delinquencies on his security clearance application. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct and Guideline F, Financial Considerations. Clearance is denied.


Financial

03/26/2009

Applicant failed to mitigate the financial considerations security concerns. His statement of reasons (SOR) listed ten delinquent debts totaling $13,451. He paid two SOR debts for $179 and $274. He is making monthly $70 payments on one SOR debt and plans to start a $25 monthly payment on a $148 debt in April 2009. He has not made adequate efforts to address his delinquent debts. Clearance is denied.


Foreign Preference; Foreign Influence

03/26/2009

Applicant mitigated the foreign influence security concerns arising from his relationship and contact with his Vietnamese mother. He also mitigated the foreign preference security concerns arising from his French citizenship and possession of a valid French passport. Eligibility for access to classified information is granted.


Financial

03/26/2009

Applicant has resolved all his delinquent debt and has not accrued any new delinquent debt in several years. His finances are now in order. Clearance is granted.


Financial; Personal Conduct; Drugs

03/26/2009

Concerns raised under financial considerations are not mitigated because Applicant has not attempted to resolve the majority of his delinquent accounts. Personal conduct concerns are not mitigated because Applicant's explanation for not listing his delinquent accounts on his security clearance application lacks credibility. Concerns remain under drug involvement because Applicant's inconsistent statements regarding his involvement with illegal drugs raise questions about his trustworthiness, reliability and good judgment. Clearance is denied.


Financial

03/26/2009

Applicant mitigated the security concerns raised by credit reports that showed she was delinquent on three credit card accounts totaling approximately $22,139, and one IRS debt for $1,500. Applicant's debts arose when her wallet was stolen in 1997 and are not her responsibility. She has paid the IRS debt rather than contest it without her records, which were destroyed during Hurricane Katrina. Her current finances are sound, she has not incurred any other delinquencies, and she is unlikely to be a security risk due to her finances. Clearance is granted.


Financial

03/25/2009

This 41-year-old employee has not mitigated the security concerns under the financial considerations guideline. He has approximately $84,000 delinquent debt. He claims he has paid two small accounts but did not provide any documentation. He did not substantiate his claim that the majority of the debt is due to identity fraud. Clearance is denied.


Criminal Conduct; Personal Conduct

03/25/2009

Applicant is a 43-year-old employee of a defense contractor. He pled guilty to two serious felony charges for offenses that occurred in 2004, and is on probation until July 2010. He has not mitigated the security concerns raised by his criminal and personal conduct. Eligibility for access to classified information is denied.


Criminal Conduct

03/25/2009

This 54-year-old employee has mitigated the security concerns under the criminal conduct guideline through the passage of time and rehabilitation. He successfully completed probation in 2008 for a 2006 domestic violence incident. He completed alcohol education classes and counseling. He completed anger management classes and abuser intervention classes. He has not had an alcohol-related incident since 2003. Clearance is granted.


Guideline E

03/25/2009

An applicant who decides to represent himself at a hearing cannot later complain about the quality of his own representation. Applicant has not demonstrated that he was denied a fair opportunity to present his case. Adverse decision affirmed


Guideline J; Guideline E

03/25/2009

Applicant maintains that there is not substantial evidence of Guideline J security concerns on the specific issue of whether the government proved the fourth element of the crime of "harboring" under 8 U.S.C. 1324(a)(1)(A)(iii) Applicant argues that the fourth element requires proof that Applicant's conduct tended to substantially facilitate the alien (his wife and stepdaughter) remaining in the United States illegally. He argues that the record does not satisfy the element since: Applicant consulted an attorney (about his wife's and stepdaughter's situation); who then filed pertinent forms on behalf of them with the Immigration and Customs Enforcement Agency and Applicant openly attempted to obtain legal status for his wife, and in so doing he discussed it with the INS and his security officer. These actions exposed his wife's location and status to the INS, the DOD and the OPM. He argues that the phrase "substantially facilitate" means to make an alien's presence in the United States substantially easier or less difficult and is tied to actions aimed at preventing the detection and apprehension of aliens. Applicant's arguments have merit as to Guideline J, however, the Judge's Guideline E analysis is affirmed. Adverse decision affirmed


Financial

03/24/2009

Applicant is 56 years old, unmarried, and has no children. Applicant has 12 delinquent debts listed in the SOR, totaling $21,674. Applicant has an installment agreement on two listed debts, and has a second job which will provide income to pay the other debts during the next few years. Applicant mitigated the financial considerations security concern. Clearance is granted.


Financial

03/24/2009

Applicant is 31 years old and has accumulated numerous delinquent debts. To the detriment of his financial health, he has loaned family members money and they have not repaid him. He has resolved two tax liens, but other debts remain unresolved. Applicant does not have a financial plan for how he will pay his delinquent debt. He has failed to mitigate the security concerns raised under Guideline F, Financial Considerations. Clearance is denied.


Foreign Preference; Foreign Influence

03/24/2009

Applicant was born in the United States. Applicant, her parents, her husband and her siblings all have connections to Nigeria. However, none of them currently reside in Nigeria and none of them intend to permanently reside in Nigeria. She terminated her access to her Nigerian passport. She has significantly greater contacts with the United States than with Nigeria. She can be expected to resolve any conflict of interest in favor of U.S. interests. Foreign preference and foreign influence security concerns are mitigated. Eligibility for access to classified information is granted.


Alcohol; Criminal Conduct

03/24/2009

Applicant's two arrests for Driving While Under the Influence in 2004 and 2007 raised concerns under alcohol consumption and criminal conduct. After her second arrest, Applicant attended in-patient treatment where she was diagnosed as alcohol dependent by a physician. Applicant successfully completed the terms of her probation for the second DUI offense. While it has been a struggle, she has attended counseling and AA meetings to maintain her sobriety. Security concerns are mitigated. Clearance is granted.


Foreign Influence; Foreign Preference; Information Technology

03/24/2009

Foreign influence concerns raised by Applicant's relatives who are citizens and reside in Israel are mitigated because of Applicant's longstanding ties to the U.S. Guideline M concerns are mitigated due to the passage of time with no similar incidents. Foreign preference concerns are not mitigated because Applicant possessed a valid foreign passport at the close of the record. Clearance is denied.


Financial

03/23/2009

Applicant incurred significant debts in the last seven years because of health issues, divorce, and under employment or unemployment. Three months ago she retained the services of a credit counseling service to help her manage her finances and resolve her old debts. She has not provided any evidence showing what this credit counseling service has done to resolve the debts listed in the SOR, payments she has made towards her debts or her current budget. She has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial

03/23/2009

Applicant is 42 years old. He started two businesses and due to economic conditions beyond his control he was forced to close them. He worked a second job and paid many of his business debts, but during the economic downturn he had difficulty paying all of his personal bills on time. He has been actively reducing his debts and has a plan for resolving them all. Applicant has mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted.


Financial

03/23/2009

This 52-year-old employee has mitigated the security concerns under the financial considerations guideline. He incurred delinquent credit card debt in part due to unemployment and failed business ventures. He has settled seven of eight accounts through a debt consolidation company. Clearance is granted.


Financial

03/23/2009

Applicant accumulated a significant amount of delinquent debt from 2001 to 2008, as a consequence of a former marriage. In 2006, she attempted to resolve the debts with the assistance of a law firm, but was unable to do so, due to unfortunate circumstances. Although she has not paid any of the debts to-date, she credibly asserted her plans to do so, as demonstrated by the re-employment of the law firm she formerly hired to assist her. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

03/23/2009

Following her divorce, Applicant was able to support herself and her infant son on her single salary and a small amount of child support for several years. However, events started to accumulate in the early 2000s that affected her ability to keep up with her debts, including a car accident, medical expenses that accrued while she was not covered by health insurance, under-employment in clerical positions, and three periods of unemployment. She and her son became homeless for several months in late 2007. Evidence shows that she acted responsibly by living with friends when she could during unemployment, and starting to pay delinquencies once she obtained employment in 2008. Applicant's debts are related to the expense of supporting her family, and are unrelated to drug or alcohol abuse, gambling or excessive spending. Her trustworthiness is not at issue. The government's security concerns under Guideline F are allayed. Clearance is granted.


Drugs

03/23/2009

Applicant is 46-years-old and used marijuana from November 2006 to November 2007, while holding a secret security clearance. She failed to mitigate the security concerns raised under Guideline H. Clearance is denied.


Financial

03/23/2009

Applicant mitigated the financial consideration security concerns. His 1997 Chapter 7 Bankruptcy was not recent. He paid or settled and paid the ten debts listed on the statement of reasons (SOR). He does not currently have any delinquent debt. Clearance is granted.


Financial

03/23/2009

Applicant mitigated the trustworthiness concern that arose from financial problems she experienced which are directly attributable to her February 2006 divorce. She has satisfied most of her delinquent creditors and she is making payments under a repayment agreement she entered into with the Internal Revenue Service.


Foreign Influence

03/23/2009

Applicant is a security guard, who seeks eligibility for access to classified information. He has significantly greater contacts with the United States than with Nigeria, where he was born, or with Sierra Leone, where some of his spouse's relatives live. He can be expected to resolve any conflict of interest in favor of the U.S. interest. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted.


Financial; Personal Conduct

03/23/2009

Applicant owes over $21,000 in delinquent debt, including $18,176 to a former employer after he was fired for, in part, creating a hostile work environment. Financial considerations and personal conduct security concerns are not mitigated.


Personal Conduct, Criminal Conduct, Drugs

03/23/2009

Applicant is 42-years-old and employed by a defense contractor. Applicant has a history of criminal arrests, tax problems, and a 17-year history of drug abuse, including one criminal offense and a military discharge for marijuana use in 1987. When he completed his security clearance application, he failed to disclose all derogatory information. He mitigated the security concerns raised under Guideline J, but failed to mitigate the security concerns raised under Guideline E and Guideline H. Clearance is denied.


Drugs; Personal Conduct

03/23/2009

As a college student, Applicant smoked marijuana once, but continued to associate with friends who periodically smoked marijuana. Between October 2006 and July 2007, the police stopped him six times for motor vehicle violations. As a result of the motor vehicle stop for speeding in December 2006, the police arrested and charged Applicant and his three friends with possession of marijuana and paraphernalia. The prosecutor dismissed these charges. Applicant has not been involved with marijuana since that incident. He has not had a motor violation ticket since July 2007. He did not intentionally falsify his answers on his SF-86. Applicant has mitigated the government's security concerns regarding his personal conduct and drug involvement. Clearance is granted.


Guideline F

03/23/2009

Given the extent of Applicant's delinquent debts, the evidence she submitted in her own behalf was not sufficient to mitigate the Guideline F security concerns in her case. Adverse decision affirmed.


Foreign Influence

03/23/2009

Applicant (a U.S. citizen by birth) has an extended family member (his uncle) 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. Applicant's U.S. roots, 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. Clearance is granted.


Alcohol; Foreign Influence

03/23/2009

Applicant is 53 years old. He has a long history of alcohol-related incidents. He failed to provide recent information about his alcohol consumption and recovery progress. Applicant's wife has family members who are citizens and residents of the People's Republic of China (PRC). Her father is a citizen of the PRC and lives with Applicant and her in the U.S. Applicant failed to provide sufficient information to mitigate the security concerns raised under Guideline B, Foreign Influence and Guideline G, Alcohol Consumption. Clearance is denied.


Criminal Conduct; Alcohol; Drugs

03/19/2009

The Applicant has had three alcohol-related incidents in last ten years. They do not show a pattern of abuse. His drug use was minor, when he was younger, and in the distant past. Sufficient mitigation is shown. Clearance is granted.


Guideline F; Guideline E

03/19/2009

The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decisions. The Judge noted that Applicant had made insufficient progress in light of his total indebtedness. Adverse decision affirmed


Financial Considerations; Personal Conduct

03/18/2009

Applicant owes approximately $123,000 for federal income taxes for tax years 1984 -1990. Five additional delinquent accounts have been unresolved for years. He did not list his delinquent accounts on his security clearance application. He did not mitigate the security concerns raised under financial considerations and personal conduct. Clearance is denied.


Information Technology; Personal Conduct

03/18/2009

Applicant demonstrated extremely poor judgment when he used his company laptop to access pornographic web-sites. His initial denials when confronted about it raised further concerns. Concerns have been mitigated. More than four years have passed since the incident. Applicant has successfully worked for his current employer without repeating similar misconduct. Applicant is granted a position of public trust.


Personal Conduct; Criminal Conduct

03/18/2009

On five occasions from 1985 to October 2007, Applicant deliberately provided a pattern of false information about his marijuana use that has not been mitigated under the mitigating conditions of the personal conduct or criminal conduct guidelines. Eligibility for access to classified information is denied.


Foreign Preference; Financial

03/17/2009

Applicant is a 45-year-old dual citizen of Ireland and the U.S. He maintains his Irish passport and has not surrendered, destroyed or invalidated it. He lives in Ireland. Applicant has numerous tax liens for unpaid taxes that are unresolved. He admitted he failed to file his taxes for certain tax years. Clearance is denied.


Financial

03/17/2009

Applicant failed to provide any information that could mitigate the security concerns about her accrual of more than $25,000 in unpaid personal debt. Clearance is denied.


Financial

03/17/2009

Applicant is 50-years-old and works for a federal contractor. She has a history of delinquent debts. Some delinquent debts remain unpaid. Others she stated she paid but she failed to provide any documentation to substantiate her claim or show actions she took to dispute the debts. Applicant failed to meet her burden. Clearance is denied.


Sexual Behavior; Criminal Conduct

03/17/2009

Applicant failed to mitigate trustworthiness concerns regarding Guideline J (Criminal Conduct). Applicant's felony-level convictions in October 2004 of a crime against nature (sodomy) and in July 2005 of perjury are too recent and serious. Applicant is still on probation and is a registered sexual offender. Guideline D (Sexual Behavior) is mitigated because his sexual crime in 2002 could not be used to coerce or pressure him. Applicant's eligibility to occupy an ADP I/II/III position is denied.


Criminal Conduct; Alcohol; Personal Conduct

03/17/2009

The Applicant has been involved in five alcohol related criminal incidents between 1989 and 2005. They do show a pattern of abuse. He has recently drunk alcohol, in violation of his probation for his last offense, which runs through 2011. Sufficient mitigation is not shown. Clearance is denied.


Criminal Conduct; Personal Conduct

03/16/2009

Applicant failed to mitigate security concerns under Guideline J and Guideline E. Clearance is denied.


Financial; Personal Conduct

03/16/2009

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 and she lacks a track record of financial responsibility. Moreover, she falsified her security clearance application. Clearance is denied.


Sexual Behavior; Criminal Conduct

03/16/2009

Applicant, then 21 years old, exchanged sexually explicit emails with a 13- year-old girl and twice engaged in sexual intercourse with her even though he knew her tender age. He was convicted of a felony and required to register as a sex offender. Clearance is denied.


Alcohol

03/16/2009

Applicant was charged with Public Drunkenness in 2003. He appeared in court on that charge and it was dismissed. In 2007, he was convicted of Driving with a Blood Alcohol Content of 0.08 or more. He is currently serving a period of unmonitored summary probation based on that conviction. He has mitigated the security concern caused by his alcohol consumption.


Criminal Conduct; Alcohol

03/16/2009

Between 1998 and 2006, the police arrested Applicant many times, including two for driving under the influence (DUI) and five for assault and battery. His last assault and battery arrest occurred in 2000. His last DUI arrest was in 2003, and his conviction for probation violation was in 2004. He enrolled in a court ordered alcohol treatment and domestic violence and anger management program in 2005. He stopped drinking while under treatment, but resumed his alcohol consumption at a lower level. He recently stopped consuming alcohol. He has not mitigated the government's security concerns about his alcohol consumption under Guideline G, but has mitigated its concerns under Guideline J, criminal conduct, because significant time has pasted since his last arrest.


Foreign Preference, Foreign Influence, Personal Conduct

03/16/2009

Applicant failed to mitigate the foreign influence and foreign preference security concerns arising from his possession of a valid Israeli passport and his relationship and contacts with a family member residing in the Palestinian occupied territory. He mitigated the personal conduct security concern. Eligibility for access to classified information is denied.


Financial; Personal Conduct

03/16/2009

Applicant incurred three delinquent accounts, totaling over $30,000. A five month period of unemployment and her marital separation in March 2007, contributed to her financial situation. Financial concerns are not mitigated because she is unable to resolve these delinquent accounts. Her monthly obligations surpass her monthly income by over $1,000. The personal conduct concern is found for Applicant because she did not intend to falsify her trustworthiness application. Access to a position of public trust is denied.


Criminal Conduct; Personal Conduct

03/16/2009

Applicant's extensive history of criminal conduct, including a recent conviction for theft relating to his employment, raised serious security concerns, especially when coupled with falsifications during his background investigation. Clearance denied.


Drugs; Personal Conduct

03/13/2009

Applicant used cocaine six times during a four-year period. She failed to disclose an arrest for breaking and entering and a drug offense on her security clearance application and in response to interrogatories. She refuted the allegations of intentionally concealing her arrest record, but she did not mitigate the security concerns based on her use of cocaine. Clearance is denied.


Financial

03/13/2009

Applicant has a history of financial delinquencies attributable to a failed real estate franchise he owned and operated, a collapsing real estate market in his region, and an ensuing period of extended unemployment. Applicant petitioned for Chapter 7 bankruptcy relief to resolve his significant accumulation of business-related and personal debts, and was discharged last year. With no character endorsements, performance evaluations, or detailed information about his company's form, capital and profitability before the real estate market turned negative, Applicant does not have enough favorable evidence of restored judgment and financial stability to facilitate safe predictions against recurrence. He does not mitigate the Government's financial concerns. Clearance is denied.


Financial Consideration; Personal Conduct

03/12/2009

Applicant admits he has numerous delinquent debts he has not addressed or otherwise tried to resolve. He admits he deliberately and willfully provided false information concerning his finances on his security clearance and public trust position applications. Clearance is denied.


Foreign Influence; Foreign Preference

03/12/2009

Applicant was born in Iran but came to the United States in 1978 to further his education. He became a United States citizen in 1984. He has a father, two brothers, and a sister who are citizens and residents of Iran. He has never returned to Iran since he left in 1978, even for his mother's funeral. He has held access to classified information while serving in the Navy and the defense industry for over 20 years. He talks to his family in Iran infrequently. He applied for and received an Iranian passport in 2006, to use when his father dies. He has never used the passport and turned it over to his facility security officer. He mitigated security concerns for foreign influence and foreign preference. Clearance is granted.


Financial Considerations; Personal Conduct

03/12/2009

Applicant is a 26-year-old Army veteran currently working as a supply clerk for a defense contractor. For various reasons, mostly unexplained, he acquired about $48,000 in delinquent debt. Applicant denies that about $22,000 in debts are his, but offered no evidence to this effect or of formally disputing these debts. Of the approximately $26,000 in acknowledged debt, Applicant showed he has paid $125. Although he failed to mitigate financial considerations security concerns, he mitigated allegations he actively concealed his delinquent debts on his security clearance application. Clearance is denied.


Criminal Conduct; Personal Conduct

03/12/2009

Applicant was acquitted of two minor crimes before receiving a Driving Under the Influence in 2004. In 2006 he was arrested for DUI, but the case was ultimately dismissed. A month later, he was arrested for Disorderly Conduct after trying to break up a fight in a nightclub. Applicant mitigated criminal conduct security concerns and alcohol consumption issues. Clearance is granted.


Financial

03/12/2009

Applicant incurred debts approximating $32,000 as a result of admitted financial mismanagement. After reviewing and evaluating his options to include bankruptcy, he retained the services of a credit counseling service. He pays this service a pre-arranged monthly amount by direct debit and they in turn deal directly with creditors. Applicant has sought financial counseling and continues to explore ways to improve his financial situation. He also has a lengthy history of successfully holding a security clearance and service in the defense industry. Viewing the evidence as a whole, he has mitigated security concerns. Clearance is granted.


Financial

03/12/2009

Applicant has a history of multiple overdue debts, which arose because she was unemployed or underemployed. She has been attempting to resolve all of her overdue debts through bankruptcy. Mitigation has been shown. A determination of trustworthiness and access to personal sensitive information is granted.


Guideline F; Guideline E

03/11/2009

The adverse impact which a decision may have on an applicant's employment is not a factor that can be considered in evaluating security clearance eligibility. Adverse decision affirmed.


Foreign Preference

03/11/2009

Applicant is a native born United States citizen. She sought and received Greek citizenship becoming a dual citizen of the United States and Greece. She exercised her rights of Greek citizenship by obtaining a Greek identification card, voting in Greek elections, and receiving Greek medical benefits. She lived and worked in Greece for over 13 years, and travels to Greece frequently. Her father is a citizen and resident of Greece. She has not presented sufficient information to establish she does not have a preference for Greece over the United States. Clearance is denied.


Financial

03/11/2009

Applicant's financial problems where triggered by her unemployment in 2001. She continued to incur delinquent debt, and by November 2007, she owed more than $29,800.00 in delinquent debt and two judgments to eight creditors. Applicant's repayment of one creditor in May 2008 does not convince me she intends to pay off the remainder of her debt. Without financial counseling and a plan to deal with the other creditors, the financial guideline is found against Applicant. Her deliberate omission of her financial indebtedness has not been mitigated either. Eligibility for employment in a sensitive position Is denied.


Criminal Conduct; Alcohol

03/11/2009

The Applicant has had two alcohol-related incidents in last three years. They do not show a pattern of abuse. He has been diagnosed as not being dependent on alcohol or an abuser. Sufficient mitigation is shown. Clearance is granted.


Guideline C

03/11/2009

Applicant's acquisition of Mexican citizenship after becoming a U.S. citizen, his ownership of property in Mexico, and his voting in Mexican elections raised security concerns which he failed to mitigate. Adverse decision affirmed.


Financial: Personal Conduct

03/11/2009

Applicant failed to timely file state and federal tax returns for the years 1987, 1988, 1987, and 2001. He has since filed the returns, paid his taxes, penalties and interest, resolved all related issues, and taken steps to prevent a recurrence. He mitigated the security concerns arising under Guideline E and Guideline F. Clearance is granted.


Alcohol

03/11/2009

For about 20 years, Applicant struggled to overcome his medically diagnosed alcohol dependence. He repeatedly relapsed despite several inpatient detoxification and/or rehabilitation programs, most recently in 2006. Since January 2007, he has been committed to his recovery through the Alcoholics Anonymous program (daily meetings, step work, regular contact with his sponsor), and he has not relapsed. Clearance is granted.


Guideline E; Guideline J

03/11/2009

Applicant argues that the Judge erred in admitting three Government documents in absence of evidence that Applicant had actually seen them in preparing her form. Under the facts of this case these documents have no probative value, without evidence linking them to Applicant. Department Counsel's descriptions of them to the Judge constitute at most offers of proof, which have no evidentiary value. These documents were inadmissible. Once admitted, it was error for the Judge to have considered them on the substantive questions arising from Applicant's answer to the SCA. The Judge found against Applicant under both Guidelines E and J. The Judge's language demonstrates that, in interpreting the intent underlying Applicant's answer to the SCA, the Judge relied heavily on the three inadmissable documents. Therefore, the Board cannot say with a reasonable degree of certainty that, had she not considered these documents, she would nevertheless have arrived at the same decision. Adverse decision reversed.


Financial

3/10/2009

Applicant has many delinquent debts, most of which have been delinquent for years. Although she expressed an intent to contact a credit counselor and to repay her debts, to date she has done little to nothing. Clearance is denied.


Foreign Influence; Foreign Preference

03/10/2009

Applicant is a naturalized U.S. citizen who possesses and regularly uses her Israeli passport, and intends to retain it. Her contact with four siblings who are citizens and residents of Israel is neither casual nor infrequent. Three of these siblings work for the Israeli government. From 1982 through 2007, Applicant visited Israel every two or three years. Applicant has failed to rebut or mitigate the government's security concerns under foreign preference and foreign influence. Clearance is denied.


Financial Considerations; Personal Conduct

03/10/2009

Applicant has 13 past due accounts totaling approximately $24,000. None of the debts have been paid nor is there an arrangement to pay these debts. Applicant failed to mitigate the financial considerations and personal conduct security concerns. Eligibility to access for sensitive information is denied.


Financial

03/10/2009

Applicant incurred 12 debts totaling $30,964.00. Her history of indebtedness goes back at least 17 years. She offered insufficient documentation that these debts have been paid, that she has set up payment plans, that she has made a good-faith effort to contact all of her creditors, or that she acted responsibly. Applicant has not mitigated financial considerations concerns. Eligibility for a public trust position is denied.


Foreign Influence

03/10/2009

Applicant's parents are naturalized citizens who visit their son, Applicant's brother, in Iran. Applicant's brother is a citizen and resident of Iran who has recently been informed the administrative process for his immigration to the United States had been completed and he needed to visit the Immigrant Visa Unit to finalize the process. Applicant has rebutted or mitigated the government's security concerns under foreign influence. Clearance is granted.


Foreign Influence; Foreign Preference; Finances

03/10/2009

Applicant, who is a naturalized U.S. citizen and was a citizen of Nigeria by virtue of his parents' birth in the country, and who has not surrendered his Nigerian passport, fails to absolve himself of foreign 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. Applicant's largest delinquent debts have not been paid or otherwise resolved, though, and raise additional security concerns under the financial guideline. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

3/10/2009

Applicant has 11 delinquent debts, all of which were either charged off or placed for collection years ago. In addition, she intentionally falsified material facts on a security questionnaire and during an interview with a DoD investigator. Clearance is denied.


Financial Considerations, Personal Conduct

03/10/2009

Applicant married young and had seven children. Her husband is self-employed in the construction industry. Six years ago, he began developing health problems, which periodically prevented him from working. As a result, he did not provide income for the household. For the last four years, Applicant has worked full-time and her earnings are increasing. Her major financial problems developed from under estimating their income from her husband's business in 1999 and their efforts to keep her parents' home. Since 2004, Applicant has worked slowly and steadily to resolve her financial issues. She did not deliberately falsify her e-QIP answers. Applicant has mitigated the government's security concerns under Guidelines F and E. Clearance is granted.


Sexual Behavior; Information Technology; Criminal Conduct; Personal

03/10/2009

Applicant viewed adult and child pornography while in college. When he started work after college, he continued his practice, using his work computer. He accessed pornography from approximately 1990 to 2005. His wife, supervisor, co-workers and friends were unaware of his habit. He viewed pornography because he enjoyed doing something taboo. In 2005, a polygraph disclosed his habit. He realized the gravity of his conduct, confessed to his wife, and installed content-monitoring software on his work computer. Almost two years later, he began counseling with his pastor. Currently, no one other than his wife and pastor know of his behavior and he does not wish others to find out. Applicant is vulnerable to coercion. In addition, he disabled the content-monitoring software, and again viewed pornography in 2008, approximately 6 months before the hearing. Applicant's criminal conduct, his long use of pornography, his desire to circumvent rules, and his concealment of his actions demonstrate untrustworthiness and unwillingness to follow rules. He has failed to allay the government's security concerns under Guidelines D, M, J and E. Clearance is denied.


Sexual Behavior, Criminal Conduct, Personal

03/10/2009

Applicant was convicted in January 2006 of committing a lewd act on a child under 16. He was sentenced to 12 years incarceration, suspended, and placed on probation for four years. He registered as required as a sex offender and attends mental health counseling. He is on probation until January 2010. Even though Applicant has shown signs of rehabilitation, he is still on probation and attending counseling so it is too soon to determine he is rehabilitated and should be granted access to classified information. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

03/09/2009

While a high school student in 2000, Applicant wrote checks on a joint checking account, which lacked sufficient funds. When he learned about the problem, he repaid the store. During his security clearance interview, he learned that there was a criminal court record related to these checks and that he had unpaid debts. Because he did not recognize the debts, he filed an identity theft notice with the police and the credit reporting companies, challenging the validity of the debts. His challenges to the debts resulted in the removal of the debts from his credit reports. The fraud alert remains on his credit reports. He pays his bills in a timely manner. He did not intentionally falsify his answers on the e- QIP and has not been involved with the police since the check incident in 2001. Applicant has mitigated the government's security concerns regarding his finances, his personal conduct and his criminal conduct. Clearance is granted.


Financial

03/09/2009

Applicant mitigated financial allegations arising from delinquent debt for two IRS liens for two tax years, a home mortgage delinquent payments, and a state tax lien. The debts arose during periods of underemployment during a ten year period when Applicant operated his own small research business. He is now fully employed with an annual salary of $130,000, has taken Chapter 13 bankruptcy and reduced the IRS and mortgage debts substantially. The home is now rented and he will resolve all the debts in 40 months. He is disputing the state tax lien. Clearance is granted.


Guideline F; Guideline E

03/09/2009

The Board does not review a case de novo. Nor does it have authority to grant a clearance on a conditional or probationary basis. Adverse decision affirmed.


Guideline F

03/09/2009

The Judge concluded that Applicant failed to mitigate security concerns arising from significant delinquent debt. Applicant's disagreement with the Judge's weighing of the evidence did not demonstrate that the Judge weighed the evidence in an erroneous manner. Adverse decision affirmed.


Drugs; Personal Conduct

03/09/2009

Applicant smoked marijuana from 1975 to about 1981. He used cocaine every two to three years from 1980 to at least 2003. In October 2006, he was charged with felony possession of cocaine for which he completed an adult diversion program. Applicant repeatedly falsified relevant and material information about his illegal drug involvement in his statements to the government. Clearance is denied.


Alcohol; Personal Conduct

03/09/2009

Applicant has been arrested three times for alcohol-related offenses. His latest arrest and conviction occurred in April 2006. It is too soon to find his alcohol- related problems will not recur. Applicant has failed to rebut or mitigate the government's security concerns under alcohol consumption. Applicant's answers on his security questionnaire and sworn statement were not deliberate concealments or falsifications. Clearance is denied.


Guideline F; Guideline E; Guideline J

03/09/2009

The Judge concluded that Applicant's efforts to address his delinquent debt, while representing a good start, were not sufficient to mitigate the Guideline F security concerns in his case. Adverse decision affirmed.


Guideline F; Guideline E

03/09/2009

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. The Board does not review a case de novo. Adverse decision affirmed.


Personal Conduct

3/06/2009

The recency of applicant's falsification of material facts about his illegal drug use, and his failure to offer any independent evidence that would suggest this dishonesty was out of character for him, preclude a finding of mitigation. Clearance is denied.


Criminal Conduct; Financial; Alcohol

3/6/2009

The last of applicant's five DUI convictions occurred about eight years ago. Given the fact six years elapsed between his second and third DUI arrests, the passage of time alone is insufficient to mitigate the relevant security concerns. Because applicant offered no positive evidence of reform (e.g., abstinence, alcohol counseling), he failed to overcome the Government's case. Clearance is denied.


Sexual Behavior, Personal Conduct

03/05/2009

Applicant has engaged in long term sexual behavior that leaves him vulnerable to coercion and also shows a lack of discretion or judgment. Insufficient mitigation is shown. Clearance is denied.


Foreign Preference

03/04/2009

Applicant is 44 years old. He was a citizen of Barbados before becoming a naturalized citizen of the U.S. in 2006. He is willing to renounce his dual citizenship with Barbados and has relinquished his Barbados passport to his security officer. I find Applicant has mitigated the Foreign Preference trustworthiness concerns. Eligibility to access sensitive information is granted.


Financial; Personal Conduct

03/04/2009

Applicant filed six Chapter 13 bankruptcy petitions during a five-year period, all of which were dismissed. She filed a Chapter 7 bankruptcy petition in January 2008 and received a discharge in April 2008. The computer printout of her security clearance application lists only one bankruptcy petition and does not list two misdemeanor arrests, but her handwritten worksheets list several bankruptcy petitions and the misdemeanor arrests. She refuted the allegations of falsifying her security clearance application, but she did not mitigate the security concerns based on her financial history. Clearance is denied.


Financial

03/04/2009

Applicant's former husband incurred delinquent debts without her knowledge to pay for his drug and alcohol abuse. She divorced him and he was responsible for the debts he incurred. He had his debts discharged by bankruptcy without her knowledge. The creditors have listed the delinquent debt for Applicant but they are her former husband's responsibility. She has a phone debt in her own name that she cannot pay because the phone company sold the account and the collection agency has no contact information. She believes two debts have been satisfied by sale of the items to pay for the debts. She mitigated public trust concerns for financial considerations. Eligibility for a public trust position is granted.


Financial

03/04/2009

Applicant settled his delinquent debt and is in control of his finances. He mitigated security concerns regarding Guideline F (Financial Considerations). Clearance is granted.


Guideline F

03/03/2009

At the time the case was submitted, Applicant still had a significant number of delinquent debts. Thus, the Judge could conclude that the problems were ongoing. The Judge weighed the mitigating evidence against the length and seriousness of the disqualifying conduct and considered the relevant conditions. He found in Applicant's favor as to some of the SOR factual allegations. However, he reasonably explained why the mitigating evidence was insufficient to overcome the government's security concerns. Adverse decision affirmed.


Financial

03/03/2009

Applicant's serious medical condition and periodic follow-up treatment without medical insurance have been carefully evaluated. However, Applicant's application for a security clearance is being denied because three years have passed since her medical incident. Her payment of only two of the listed debts in December 2008 raises concerns about her commitment to repay all remaining creditors. Eligibility for access to public trust position is denied.


Guideline F

03/03/2009

Although Applicant disagrees with the weight the Judge assigned to certain pieces of evidence, he has not demonstrated that the Judge's analysis is arbitrary, capricious, or contrary to law. Applicant points to other decisions by the Hearing Office, which he argues support his request for a favorable determination. The Board gives due consideration to these cases. However, each case must be decided upon its own merits. Moreover, Hearing Office decisions are binding neither on other Hearing Office Judges nor on the Board. Adverse decision affirmed.


Financial; Personal Conduct

03/02/2009

The Applicant is addressing his alleged past due debts. However, he intentionally falsified his e-QIP in response to questions concerning his delinquent financial history. Clearance is denied.


Guideline F

03/02/2009

Applicant had 8 debts totaling approximately $247,000. The Judge found that of those debts, none have been proven to be paid except the last. Thus, the Judge could reasonably conclude that Applicant's financial problems were still ongoing. The Judge discussed the role Applicant's wife's illness played in his financial difficulties. The presence of some mitigating evidence does not alone compel a favorable security clearance decision. The Judge has to weigh the evidence as a whole and decide whether the favorable evidence outweighs the unfavorable evidence, or vice versa. Adverse decision affirmed.


Guideline J

03/02/2009

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


Financial; Personal Conduct

02/27/2009

Forty-one-year old Applicant chose to either co-sign for or individually apply for mortgage loans on houses for two friends. In fact, what he characterized as merely helping friends, was seemingly much more than that, for he admitted the existence of a financial scheme to initially take out the mortgage for at least one of his friends with an anticipated quitclaim deed to be issued for a $10,000 payment. Considering the circumstances of the loans, his actions, if not actually frivolous, were definitely irresponsible. Both friends failed to make their monthly mortgage payments, and one mortgage delinquency was charged off to profit and loss and the other one is simply very delinquent. Since he did not reside in either house, he had no interest in the loan status. He acknowledges that he is legally responsible for the debts, but has no intention of paying either mortgage, and has made no effort to go after the beneficiaries. He falsely denied having any debts delinquent over 90 or 180 days. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Financial

02/27/2009

Applicant failed to provide any information that could mitigate the security concerns about his accrual of more than $115,000 in personal debt and his filing of Chapter 7 bankruptcy to resolve his debts. Clearance is denied.


Financial

02/27/2009

Applicant failed to provide any information that could mitigate the security concerns about her accrual of more than $115,000 in personal debt and her filing of Chapter 7 bankruptcy to resolve her debts. Clearance is denied.


Foreign Influence; Foreign Preference

02/27/2009

In showing that she had surrendered her Taiwanese passport and renounced her Taiwanese citizenship, Applicant mitigated foreign preference security concerns. Her relatives, U.S. permanent residents preparing to emigrate from Taiwan to the U.S., 20 years of continuous residence and employment in the U.S., and other factors help mitigate foreign influence security concerns. Clearance is granted.


Financial

02/27/2009

This 47-year-old employee has not mitigated the security concerns under the financial considerations guideline. Applicant has $30,000 in delinquent debts that she has not resolved. Clearance is denied.


Financial

02/27/2009

Applicant is responsible for twelve unresolved financial delinquencies, which he has refused to pay. He lacks a coherent plan to manage his financial responsibilities, and he has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Financial

02/27/2009

Applicant paid or is paying most of her delinquent debts. She has a reasonable dispute for her largest debt for a mobile home which she cancelled and never lived in. She is not incurring any additional debts. She has been reasonable and responsible in the management of her finances. Eligibility for a public trust position and access to sensitive information is granted.


Alcohol

02/27/2009

Applicant continues to consume alcohol, up to a pint of liquor per occasion, after counseling and being diagnosed with alcohol dependence. Clearance is denied.


Personal Conduct, Financial Considerations

02/27/2009

Six years ago Applicant resigned from federal employment after being issued a notice of adverse action for misconduct related to his time and attendance and misuse of his government credit card. Applicant served nearly 30 years in the military without any misconduct issues. Except for the problems which served as the basis for his resignation, Applicant worked as a civilian employee of the government without other misconduct issues. During all his years of service, Applicant held a security clearance and later in his career, he held the highest level of clearance. He never violated security procedures. He has acknowledged his misconduct and has taken steps to assure that it will not occur in the future. He has mitigated the government's security concerns under Guidelines E and F. Clearance is granted.


Financial; Alcohol Consumption; Personal Conduct

02/27/2009

This 37-year-old employee mitigated the security concerns under the alcohol consumption guideline. Applicant had three DUI's. His last one was in 2005. He completed alcohol counseling and unsupervised probation. Applicant has delinquent debt amounting to $16,000. He has not mitigated the Financial considerations concern. Applicant has mitigated the allegations under the personal conduct guideline due to passage of time and rehabilitation. Clearance is denied.


Financial

02/26/2009

Forty-one-year-old Applicant qualified for a series of home mortgages, each time refinancing to attain lower monthly payments. In January 2007, she refinanced again, and based on her credit application, was qualified and granted a $360,000 1st mortgage and a $67,000 2nd mortgage. The new provisions were to be identical to the earlier provisions, but the mortgage lender made an error. When corrected, her monthly payment increased from nearly $1,518 to nearly $3,076. Unable to pay the increased payments, even by using funds from her retirement account, she unsuccessfully sought assistance. The mortgage lender advised her to either sell the property at a pre- foreclosure or short sale of let it go into foreclosure. She abandoned the property. Both mortgage lenders have commenced the foreclosure process. Applicant has reduced her monthly expenses and has no other delinquencies. Considering the current global economic situation, the circumstances behind the mortgage loans given to her, and her efforts to resolve the issue, the simple fact of foreclosure, in this instance, does not indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations. Questions and doubts as to her security eligibility and suitability have been satisfied. Clearance is granted.


Drugs

02/26/2009

Applicant is 57 years old and employed by a defense contractor. Applicant has a history of using marijuana, including while holding a security clearance. He failed to mitigate the security concerns raised under Guideline H, pertaining to his drug involvement. Clearance is denied.


Criminal Conduct; Personal Conduct

02/26/2009

Applicant was sentenced for Driving Under the Influence after a 1999 arrest. In February 2007, he was convicted of cocaine possession, sentenced to two years of probation, 100 hours of community service, and attendance at a drug awareness course. Applicant failed to provide evidence he has completed or substantially fulfilled the requirements imposed by the court with his cocaine possession conviction. Moreover, his cocaine possession is too recent to be mitigated. Criminal Conduct security concerns remain. Clearance is denied.


Alcohol Consumption

02/26/2009

This 37-year-old employee mitigated the security concerns under the alcohol consumption guideline. Applicant had one DUI in 2003. He completed alcohol counseling and unsupervised probation. He stopped drinking in July 2008. He attends AA and received support from an AA sponsor. Clearance is granted.


Criminal Conduct; Personal Conduct

02/26/2009

Applicant is 41 years old and employed by a defense contractor. In September 2003, he was arrested for Child Neglect by the military police. Later, he received a letter of reprimand. In March 2006, he shoplifted a computer disc at a base store and received a non-judicial punishment under the Uniform Code of Military Justice. When he completed his security clearance application in July 2005, he failed to disclose the 2003 incident. He denied that he deliberately withheld the information from the Government. He provided sufficient proof of rehabilitation. He mitigated the security concerns raised under Guideline J and Guideline E. Clearance is granted.


Finances; Personal Conduct

02/26/2009

Applicant filed bankruptcy in 1997, then again in 2005 as the housing market began to sour and he could not afford his mortgage. Providing evidence that he had not filed for bankruptcy a third time and showing that all but one minor account cited by the Government had been included in his 2005 bankruptcy, Applicant mitigated both financial and personal conduct security concerns. Clearance is granted.


Personal Conduct, Criminal Conduct

02/26/2009

Applicant failed to mitigate his falsification of his security clearance application. His continued association with illegal drug users cast doubt about his judgment and willingness to comply with rules and regulations. Clearance is denied.


Personal Conduct; Alcohol

02/26/2009

Applicant is 33 years old. He has been convicted twice of Driving Under the Influence of Alcohol, the most recent in 2005. He has other alcohol-related offenses, but since his last conviction, he reduced his consumption and has acted more responsibly. On his 2001, 2003 and 2007 security clearance applications Applicant intentionally and deliberately failed to divulge all of his past alcohol and criminal conduct as was required. Applicant mitigated the security concerns under Guideline G, Alcohol Consumption, but failed to mitigate the security concerns under Guideline E, Personal Conduct. Clearance is denied.


Financial

02/26/2009

Applicant incurred 11 debts approximating $36,900 following a lengthy period of unemployment and underemployment, and a separation and divorce. She has secured a higher paying job and retained the services of a credit management company. She pays the credit management company a pre-arranged monthly amount and they in turn deal directly with creditors. Applicant has sought financial counseling and continues to explore ways to improve her financial situation. She also has a lengthy history of successfully holding a security clearance. Viewing the evidence as a whole, she has mitigated security concerns. Clearance is granted.


Financial; Criminal Conduct; Personal Conduct

02/26/2009

Applicant has had a long history of financial difficulties, and he not resolved any of his overdue debts. He engaged in criminal conduct on at least 6 occasions and as recently as 2007. Finally, he also knowingly supplied incomplete, untruthful information to the Government on a Security Clearance Application. Mitigation has not been shown. Clearance is denied.


Financial

02/25/2009

Sixty-two-year-old Applicant qualified for a $375,000 home mortgage with monthly payments of $1,326. After two years of uneventful, timely payments, the required payments increased to $3,000, and the equity in the house decreased because of plummeting property values. He was directed to another mortgage lender who qualified him for a $535,000 mortgage with monthly payments of $3,200. Unable to pay the increased payments, he unsuccessfully sought assistance. The mortgage was foreclosed, leaving a deficiency of $130,000. According to the most recent credit report, the account is closed with a zero balance. Considering the current global economic situation, the circumstances behind the mortgage loans given to him, and his efforts to resolve the issue, the simple fact of foreclosure, in this instance, does not indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations. Questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Guideline F

02/25/2009

The Judge's conclusion that Applicant was capable of doing more to resolve her delinquent debts and did not act responsibly under the circumstances is supported by the record evidence. Adverse decision affirmed.


Guideline B

02/25/2009

Applicant failed to mitigate security concerns arising from his connections in Russia. Any errors in the Judge's decision are harmless. Adverse decision affirmed.


Financial

02/24/2009

Forty-two-year-old Applicant, required to pay child support for two children, did so for about four years. Because of continuing disputes with his ex-spouse over visitation denials and the way she was spending the child support, and unable to resolve their differences, Applicant unilaterally stopped all such payments for about five or six years before resuming them. The children resided with him from six months to three years at various times, but Applicant initially continued to pay child support. At no time while his children were residing with him, did Applicant ever petition the court or ask his ex-spouse to either suspend his child support payments to her or for her to provide him with child support. While he was serving overseas, Applicant's wages were garnished, and in July 2008, the state filed a collection action against him for child support arrearage in the amount of $30,718. An Order was entered reducing the child support arrearage to $18,000, plus costs, to be paid no later than March 27, 2009, and the matter will be considered closed. Applicant has already made two payments totaling $3,350, with the remainder anticipated to be paid within one week. Questions and doubts as to his security eligibility and suitability have been satisfied. Clearance is granted.


Drugs; Personal Conduct

02/24/2009

Applicant is 58 years old. He served in the Marine Corps from 1967 until 1971. Subsequently, he worked as a master air mechanic for a defense contractor for 23 years. While in the Marines, Applicant began smoking marijuana. He continued until 1982 when he obtained his first position with a Federal contractor and received a security clearance. He stopped smoking marijuana until 2000 when he was diagnosed with a disease he thought to be fatal, at which time he resumed using it to mitigate the severe effects of the disease and chemotherapy. In 2005 he left his employment after he tested positive for marijuana. He continued using the illegal substance periodically until February 2008. He failed to mitigate the security concerns raised under Guideline H and Guideline E. Clearance is denied.


Guideline F

02/24/2009

There is a rebuttable presumption that the Administrative Judge considered all the evidence. The cases cited by Applicant are distinguishable on there facts. Adverse decision affirmed.


Financial; Personal Conduct

02/24/2009

Before Applicant had a heart attack in September 2007, he had more than six years to address his financial difficulties. His settlement of two of seven creditors is inadequate to meet his burden of showing his security worthiness because he has no plan in which to address the remaining creditors. In addition, his deliberate omission of material information from his security application in June 2006 is aggravated by the fact that he deliberately omitted financial information from his security application in November 2004. Clearance is denied.


Financial

02/24/2009

Applicant is 57 years old and divorced. He is currently employed by a defense contractor. His eleven delinquent debts totaling $12,500 have not been paid or resolved, except he is making payments on his educational loan. Applicant did not mitigate the financial considerations security concern. Clearance is denied.


Financial

02/24/2009

Applicant incurred debts for student loans, credit cards, and vehicle repossession. Applicant paid all past due obligations and is paying his student loan according to an agreed plan with the creditor. Applicant has mitigated financial considerations security concerns. Clearance is granted.


Criminal Conduct

02/24/2009

Applicant failed to offer any independent credible evidence of reform. His "clean" record during the past two years is insufficient by itself to overcome his almost ten year history of criminal conduct. Clearance is denied.


Drug Involvement; Personal Conduct

02/24/2009

Applicant is 60-year-old. He used marijuana in December 2006 on several occasions and again in April 2007. He held a security clearance at the time he used illegal drugs. He failed to divulge his drug use on his security clearance application and provided conflicting explanations. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement and Guideline E, Personal Conduct. Clearance is denied.


Guideline E; Guideline F

02/24/2009

Applicant has numerous delinquent debts. He denied owing the money but provided no corroboration. Applicant falsely answered no to two questions on his security clearance application. Adverse decision affirmed.


Guideline F; Guideline E; Guideline J

02/24/2009

There is no right to reconsideration. Applicant has failed to articulate a persuasive reason to conclude that, were the Board to reconsider its decision, it would a different results. Applicant's request denied. Adverse decision affirmed


Financial

02/24/2009

Applicant purportedly fell behind on two credit card accounts after her husband went on permanent disability, and she was unemployed for six years. She was able to secure a job as a cleaning day porter and restore her family income to a manageable level. She provided documentation reflecting one of accounts is not hers, and documentation settling the other account. She is current on her monthly debts and demonstrated she is financially responsible. Clearance is granted.


Foreign Influence

02/24/2009

Applicant's spouse, father-in-law, mother-in-law, and brother-in-law are citizens and residents of Japan. His father-in-law retired as a colonel in the Japanese Self-Defense Forces in 1998, and his brother-in-law is a pilot in the Japanese Self- Defense Forces. Applicant owns a home in Okinawa. Security concerns are mitigated by Applicant's deep and longstanding relationships and loyalties in the U.S. Clearance is granted.


Guideline F

02/24/2009

The Judge's material findings of fact are based on substantial evidence. A party's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Foreign Influence; Foreign Preference

02/24/2009

The Applicant still has substantial financial interests in Taiwan, and maintains his Taiwanese citizenship, in part, to protect those interests. Clearance is denied.


Criminal Conduct; Alcohol

02/24/2009

Applicant has a history of four DUI arrests and three convictions that occurred between 1998 and 2006. His driver's licenses were suspended as result. He denies that he has an alcohol problem, but recently decided to stop consuming alcohol. He failed to mitigate the security concerns raised under Guideline J and Guideline G. Clearance is denied.


Financial

02/23/2009

Applicant admits responsibility for over $75,000 in student loans which have been delinquent since the 1990s. He also reports a monthly net remainder of $1,500. He lacks a consistent plan to resolve his debts, and he has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Financial

02/23/2009

This 44-year-old employee has not mitigated the security concerns under the financial considerations guideline. Applicant has significant delinquent debt and child/family support arrearage. Clearance is denied.


Criminal Conduct

02/23/2009

Applicant's criminal conduct occurred between 2000 and 2004. He submitted false insurance claims. He has mitigated his intentional misconduct through his demonstrated remorse, good work performance, and outstanding work in his community. Clearance is granted.


Foreign Preference; Foreign Influence

02/23/2009

Applicant's possession of a Taiwanese passport, dual citizenship with the U.S. and Taiwan, and family ties to immediate family members in Taiwan raised security concerns. Applicant surrendered his Taiwanese passport and renounced his Taiwanese citizenship. His livelihood and wife, and children are in the U.S. and have been for the past 22 years. Considering the mitigating action taken by Applicant and considering the whole person concept, Applicant has mitigated security concerns raised. Clearance is granted.


Foreign Preference; Foreign Influence

02/23/2009

Applicant is 60 years old, married, and works for a defense contractor. Applicant immigrated in 1967 from Jordan. He became a naturalized U.S. citizen in 1974. From 1975 until his retirement in 2004, he worked for the U.S. Government. During that time period he possessed a Jordanian passport while also holding a U.S. passport. He used the Jordanian passport to enter and depart from Jordan. He has real estate in Jordan and refuses to surrender his Jordanian passport because he wants to protect his legal interests in Jordan. Applicant and his wife have immediate family members who are resident citizens of Jordan, some of whom worked for the Jordanian military while Applicant held a Jordanian passport. Applicant did not disclose the existence of the passport on his 2001 security clearance application, nor did he disclose his foreign-residing siblings on his 2007 security clearance application. Applicant did not mitigate the foreign preference or foreign influence security concerns. Clearance is denied.


Financial

02/23/2009

Applicant is 37 years old and divorced. He is currently employed by a defense contractor. His three delinquent debts totaling $24,517 have not been paid or resolved. Applicant did not mitigate the financial considerations security concern. Clearance is denied.


Drugs; Personal Conduct

02/20/2009

This 44-year-old employee has not mitigated the security concerns under the drug involvement and personal conduct guidelines. Applicant used marijuana from 2005 until 2008 due to his anxiety from a bipolar condition. He intends to use marijuana in the future This is a violation of the Bond Amendment. Clearance is denied.


Guideline F; Guideline J

02/20/2009

The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance determination. The Board has no authority to grant Applicant's request to postpone his security clearance process until he has resolved his financial difficulties.


Financial

02/20/2009

Forty-four-year-old Applicant, a single mother with three children, although gainfully employed, was confronted with the usual lifestyle choices and expenses, and experienced extensive financial delinquencies, with accounts charged off or sent to collection. She failed or refused to make any good-faith efforts to satisfy even the smallest of her SOR debts. Now, with the assistance of a credit counselor, she has disputed each of her otherwise valid delinquent accounts, preferring that they drop off her credit report or the outstanding balances are reduced before making a good faith effort to repay her creditors. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied.


Drugs; Alcohol

02/20/2009

Applicant mitigated security concerns related to his under-age alcohol involvement. However, he failed to mitigate security concerns related to his drug use. Clearance is denied.


Personal Conduct

02/20/2009

Applicant initiated and fostered a romantic relationship with a Chinese national and concealed it with a false trip report, an intentional omission on a security clearance application, and a false statement to a security investigator. Clearance is denied.


Guideline B

02/20/2009

To the extent the Department Counsel's arguments rely on case law interpreting language from adjudicative guidelines which are no longer in effect, those arguments are not persuasive. The Judge did not confine his consideration to coercive means of influence. Favorable decision affirmed.


Financial

02/20/2009

Eight credit card accounts became delinquent when Applicant was in college after she and her father, on whom she had relied for support, both lost their jobs. Six medical debts went unpaid due to lack of income. Her inattention to this debt before now was due to extenuating circumstances (focus on repaying her spouse's debts, car expenses, and serious medical illness of her newborn). She intends to repay her delinquent debt and has begun to contact her creditors. Clearance is granted.


Financial

02/20/2009

Applicant failed to file his federal and state tax returns for a number of years. Both federal and state liens have been filed against him (unsatisfied), and he accumulated a civil judgment and a number of delinquent debts which have not been paid. Applicant fails to mitigate security concerns associated with his finances. Clearance is denied.


Guideline B; Guideline E

02/20/2009

Applicant contends on appeal that the Judge erred in concluding that the evidence sets forth Guideline E security concerns, in that the evidence does not demonstrate that her omissions were deliberate. In evaluating an applicant's state of mind, the Judge must examine the omissions or false statements in light of the entirety of the record evidence. The Judge took into account the fact that the questions at issue "are neither difficult, confusing or misleading." She also considered Applicant's various explanations for the omissions, concluding that "none of her explanations for failing to answer the questions accurately are reasonable or even comprehensible." . The Board concludes that the Judge's finding that Applicant's omissions were deliberate is supported by substantial record evidence. An applicant's disagreement with the Judge's weighing of the evidence, or an ability to argue for a different interpretation of the evidence, is not sufficient to demonstrate the Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Guideline E; Guideline J

02/20/2009

The Board's authority is limited. Adverse decision affirmed.


Financial

02/19/2009

Applicant has a history of financial difficulties, dating back to 1997 when he completed his first security clearance application. Since purchasing a home in July 2006 that he could not afford, he has accumulated a significant amount of delinquent debt, despite a decent income. He hopes the recent second refinancing of his mortgage will leave him additional monies to resolve the $20,000 of debt listed in the Statement of Reasons. Although he learned of the government's concerns in December 2007, he has not taken any other steps to resolve the delinquencies. He failed to mitigate the security concerns under Guideline F. Clearance is denied.


Alcohol; Personal Conduct

02/19/2009

Applicant is 51 years old and employed as a Aircraft Flight Line Inspector by a defense contractor. His thirty year history of excessive alcohol abuse includes six alcohol related incidents, five arrests for DUI's and one for being Drunk in Public. The most recent arrest occurred in 2005, his last use of alcohol occurred in 2006, but he has a history and pattern of a period of abstinence followed by relapse. Sufficient evidence of rehabilitation has not been shown. Applicant deliberately and intentionally provided false information to a law enforcement officer during his arrest in April 1982. His conduct is a violation of Title 18, United States Code, Section 1001, a felony. Sufficient mitigation has not been shown. Clearance is denied.


Personal Conduct

02/19/2009

After Applicant married, he learned that his wife, a foreign national, had entered the United States illegally five years earlier. Subsequently, he failed to inform the government of her status when he completed a security clearance application. He also failed to inform his security officer. Given Applicant's long history of holding a security clearance, he knew or should have known that his wife's status presented a security risk, and that he was required to disclose it. His willingness to violate federal law by harboring an illegal alien, and his failure to inform the government of his wife's status, raise doubts about his trustworthiness and reliability. Clearance is denied.


Financial

02/19/2009

Applicant admits responsibility for over $23,000 in unresolved financial delinquencies. He also reports a monthly net remainder of $2,650. 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.


Sexual Behavior; Personal Conduct; Use of Information Technology

02/19/2009

Applicant is 42 years old with a Ph.D. in Electrical Engineering, employed as an Electrical Engineer by a defense contractor. Applicant accessed, viewed and downloaded pornographic material during work hours on his company computer from 1988 or 1999 to at least 2005. On some occasions, while viewing the pornography, he masturbated in his office. In 1998, he telephoned at least three female employees, twenty to thirty times each, to hear their voices on the answering machine before hanging up. In 1998, he entered the offices of female employee's to look for pictures of them on their desks. Applicant was aware at the time of his misconduct that he was violating company rules and regulations. He caused several accidents in parking lots by accidentally hitting other people's car's without notifying them of the damage he caused. Applicant's sexual misconduct, poor personal conduct and misuse of company technology has not been mitigated. Applicant has been diagnosed with Obsessive Compulsive Disorder and is on medication for his condition. Clearance is denied.


Foreign Influence; Foreign Preference; Personal Conduct

02/19/2009

Applicant was born and raised in Iran, but became a naturalized U.S. citizen in 1991. He did not intentionally try to mislead the government about possible ownership of foreign property when he submitted his security clearance application in 2007. However, he did not mitigate the security concerns raised by his ties to family members in Iran and by his acquisition and use of an Iranian passport since 2001. Clearance is denied.


Foreign Influence, Foreign Preference, Outside Activities

02/19/2009

Applicant failed to mitigate the foreign influence and foreign preference security concerns arising from his relationship and contacts with Israel and Israeli citizens. He also failed to mitigate the outside activities security concern. Eligibility for access to classified information is denied.


Drugs

02/18/2009

Applicant has used marijuana and hashish on a regular basis for decades. His numerous inconsistent and contradictory statements concerning his drug use preclude a finding that it will not continue. Clearance is denied.


Guideline B

02/18/2009

Record evidence established that Applicant's parents were residing temporarily in the People's Republic of China for medical reasons despite permanent resident status in U.S. Record evidence also established that Applicant visits her brother in China when she visits there and sends him birthday cards. The record evidence supports the Judge's conclusion that the case raises security concerns that have not been mitigated. Adverse decision affirmed.


Foreign Influence; Foreign Preference; Personal Conduct

02/18/2009

Applicant is a dual citizen of Turkey and the United States. He has used his Turkish passport, and intends to continue to use his Turkish passport, for foreign travel. He failed to disclose his possession of the Turkish passport on his security questionnaire. Lastly, he provided little to no information about his Turkish in-laws. Clearance is denied.


Guideline E

02/18/2009

The manner in which the Judge questioned Applicant and her citation to matters outside the record could cause a reasonable person to question the Judge's impartiality. Board recommends case be assigned to a different Judge. Adverse decision remanded for new hearing.


Financial; Personal Conduct

02/18/2009

Applicant accumulated a significant amount of debt after a failed business and a subsequent job that required extensive travel. When he completed his security clearance application, he was unaware of his delinquencies. He has since addressed all eleven debts listed in the Statement of Reasons through payments, resolutions or disputes. According to his budget, he is responsibly managing his finances. Applicant mitigated the security concerns raised under Guideline F and Guideline E. Clearance is granted.


Financial

02/17/2009

Applicant has more than $50,000 in delinquent debt. She is close to bringing her student loan debt into a current status, but has insufficient income to address more than $9,000 in other delinquencies she incurred since her 1999 Chapter 7 bankruptcy. Eligibility for access to classified information is denied.


Personal Conduct; Information Technology; Sexual Behavior

02/17/2009

Applicant consorted with prostitutes about once a month from 1985 to 1989. He used his government computer to participate in sexually explicit instant messaging conversations and exchange nude photographs of himself with his instant-messaging partners from 2003 until August 2004. Clearance is denied.


Financial

02/17/2009

Applicant is a 26-year-old employee of a defense contractor. He made minimal payments on his delinquent debts, and has a negative monthly cash flow. He did not provide sufficient evidence to mitigate the security concerns raised by his financial history. Clearance is denied.


Financial

02/17/2009

Applicant has nine unpaid debts totaling approximately $35,000, which are in collection or have been charged off. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Drugs

02/17/2009

This 58-year-old employee has not mitigated the security concerns under the drug involvement guideline. He admits using marijuana from 1990 until at least May 2007. He has not demonstrated an intent not to use the illegal drugs in the future. Clearance is denied.


Financial

02/17/2009

Applicant had three significant long overdue debts. His indebtedness is primarily due to his ongoing divorce, and while he avers he will eventually pay off these debts when his divorce is final, up to this point, he has made no good faith attempt to resolve these debts or work out any kind of payment plan. Mitigation has not been shown. Clearance is denied.


Guideline F; Guideline E

02/17/2009

A Judge's weighing of the evidence will not be overturned unless it is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

02/17/2009

Applicant failed to mitigated the financial considerations security concern generated by his outstanding delinquencies. Clearance is denied.


Personal Conduct; Criminal Conduct

02/17/2009

Applicant was taken into custody in California, after crossing the border from Mexico into the United States with an illegal alien hiding in the trunk of the car in which she was riding as a passenger, in the vehicle of her cousin. She had no prior suspicion of what her cousin would be doing, and when she realized, she protested this action to her cousin. However, since she was in unfamiliar territory in Tijuana, Mexico, and it was the middle of the night, she was afraid for her safety, and she simply continued to ride in the vehicle. Applicant expressed sincere remorse, and it is unlikely that she would ever engage in this conduct in the future. Mitigation has been shown. Clearance is granted.


Personal Conduct; Criminal conduct

02/17/2009

Security concerns are raised over Applicant's multiple omissions of his drug use within seven years and his eight drug-related arrests between 1989 and 2001. He did not correct his arrest omissions until confronted by an OPM investigator, and then acknowledged his drug use history when asked by the same investigator. Applicant's omissions are not mitigated under the personal conduct and criminal conduct guidelines. Clearance is denied.


Guideline C; Guideline B; Guideline F

02/17/2009

Applicant's evidence not sufficient to mitigate Guideline B security concerns arising from his connections to Nigeria. In light of this holding, the Government's cross-appeal is moot. Adverse decision affirmed.


Financial

02/13/2009

This 58-year-old employee has not mitigated the security concerns under the financial considerations guideline due to approximately $84,500 in delinquent debt from 2004. He presented no information on repayment plans for the delinquent debt. Clearance is denied.


Alcohol, Drugs, Criminal Conduct

02/13/2009

Security concerns were raised because Applicant's history of criminal incidents over the past five years, two of them alcohol-related. Applicant history of illegal drug involvement also raised security concerns. The alcohol consumption concerns are mitigated. Applicant did not meet his burden to support mitigation of the security concerns raised under the drug involvement and criminal conduct. Clearance is denied.


Financial

02/13/2009

While operating his own business, Applicant accumulated about $141,000 in delinquent taxes. The tax debt is resolved. His ex-wife incurred several delinquent debts in his name and they were deleted from his credit report. He has disputed three medical debts. Clearance is granted.


Financial

02/12/2009

Applicant has five delinquent debts that arose when she encountered financial difficulty as she retired from active duty with the Army to the civilian workforce. She paid her debts until her financial situation overwhelmed her. She tried to work with credit counseling firms but they did not help her. She worked a second job to assist her financially. She now has a debt consolidation plan and is paying on that plan. She has established her good-faith efforts to resolve her debts and her delinquent debts are now under control. She mitigated financial considerations security concerns. Clearance is granted.


Alcohol

02/12/2009

Though 17 months of abstinence or control of alcohol use may be insufficient to overcome the adverse evidence under the alcohol guideline, the period of abstinence or control combined with Applicant's understanding of and the action he has taken to resolve his alcohol issues gives me justifiable confidence that his past alcohol abuse will not emerge in his future. Eligibility for assignment to a trustworthiness position is granted.


Financial

02/12/2009

Applicant's largest single debt is child support arrearages. However, he provided documentation showing consistent payment of child support over the past four years. His security manager testified that Applicant's employer sent the payments directly to the recipient instead of to the state child support enforcement office, resulting in the state mistakenly charging Applicant with arrearages and liens. He has a payment plan in place for his auto loan, and a separate payment plan for the remaining debts. Applicant has demonstrated a good-faith effort to resolve his financial obligations, allaying the government's security concerns under Guideline F. Clearance is granted.


Guideline F

02/12/2009

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


Financial

02/12/2009

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 and she lacks a track record of financial responsibility. She failed to mitigate security concerns regarding Guideline F (Financial Considerations). Clearance is denied.


Financial

02/12/2009

Applicant had financial problems for many years. He deployed to Kuwait and Afghanistan, and was able to save a substantial amount of money. He paid all his delinquent debts and still has a large reserve of cash and other assets. Clearance is granted.


Financial; Personal Conduct; Criminal Conduct

02/12/2009

Applicant failed to timely file state and federal tax returns from 1998 through 2007. She provided false answers on her security clearance questionnaire concerning unpaid judgments, bankruptcy filings, unpaid debts, and garnishments. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations, personal conduct, and criminal conduct. Clearance is denied.


Guideline G; Guideline E; Guideline J

02/12/2009

Prior decisions to grant or retain a clearance do not undermine the legal sufficiency of a Judge's subsequent adverse decision. The government is not estopped from making an adverse decision when there were prio favorable adjudication. Adverse decision affirmed.


Financial; Personal Conduct

02/12/2009

The Applicant has paid off her financial obligations, and shown that they shall not be repeated; and that she did not intentionally falsify a security clearance application. Sufficient rehabilitation has been shown. Clearance is granted.


Drugs

02/11/2009

Applicant, with a lengthy history of recurrent marijuana use and purchases for his personal needs, provides insufficient corroborative evidence of his abstinence claims and too little time elapse from his last admitted use in February 2008 to facilitate safe predictive judgments about his avoiding illegal drugs in the future. Clearance is denied.


Foreign Influence; Foreign Preference

02/11/2009

Applicant came to the U.S. in 1977, completed her education, and became a U.S. citizen in 1996. She obtained an Iranian passport in 1998 and used it to visit her family in Iran. She renewed her passport in 2003, but she did not renew it when it expired in March 2008, and she does not intend to renew it. She is married to a U.S. citizen and has a sister, two nephews, and a grandchild in the U.S. She has worked for federal contractors since 1993. Her ailing father and a sister are citizens and residents of Iran. Based on her strong ties to the U.S., security concerns are mitigated. Clearance is granted.


Financial

02/10/2009

Applicant accumulated a significant amount of debt after leaving the Navy that he was unable to manage because of a long period of unemployment. He subsequently entered a repayment plan and is responsibly managing his finances. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Alcohol

02/10/2009

Applicant's light to moderate alcohol use several years after completing outpatient treatment for alcohol dependence raised security concerns under alcohol consumption. Applicant mitigated the security concerns. He has not drank alcohol in over eight months and does not intend to drink alcohol in the future. He received a favorable prognosis from a licensed clinical social worker in September 2008. Security concerns are mitigated. Clearance is granted.


Foreign Influence; Foreign Preference

02/10/2009

Applicant left his native Russia and came to the United States in 1996 with his wife and two children, as refugees. He remained, became a successful engineer and obtained U.S. citizenship in 2005. He is willing to renounce his Russian citizenship and has surrendered his Russian passport. He mitigated the foreign influence concerns raised by his sister and nephew who are citizen residents of Russia. He mitigated the foreign preference concerns pertaining to his passport. Clearance is granted.


Drugs; Personal Conduct

02/10/2009

The Applicant's Drug Involvement last occurred about three years ago. He smoked others' marijuana, in a social setting, about 15 times over a period of about five years. His other acts of Personal occurred 4~8 years ago; and as such, are not of current security significance. Clearance is granted


Guideline F

02/09/2009

Decisions in hearing level cases are not legally binding precedent even if a party can establish close factual similarities between the case at issue and the case already decided.. Adverse decision affirmed.


Financial

2/09/2009

Applicant has numerous debts that have been delinquent for years. Although he recently paid off two of them, the majority of his delinquent debt remains outstanding. Clearance is denied.


Financial

02/09/2009

Applicant failed to mitigate financial allegations arising from delinquent debts totaling approximately $13,000 ranging in size from $60 to $2,500. Most arose during periods of unemployment of two years over five years ago. Since that time he has been employed with an adequate salary but none have been settled or paid. He now has filed Chapter 7 bankruptcy. His history of financial difficulties include loss his clearance in 1997 while in the Army and a bankruptcy at that time. Clearance is denied..


Guideline F

02/09/2009

Applicant relied on the statute of limitations as a means of addressing his debt. The Judge's lengthy discussion of societal policy does not explain why, under the facts of this case, Applicants decision not pay his debts demonstrates good judgment, trustworthiness and reliability. Favorable decision reversed


Financial; Personal Conduct

02/9/2009

A delinquent mortgage account listed on Applicant's credit report resulted from her mother's forgery of Applicant's signature as a co-signer on a contract to purchase rental real estate. Applicant was an unwitting victim in her mother's fraudulent activity. Security concerns about Applicant's finances are mitigated. Additionally, the government did not support its allegation that Applicant either did not respond as required to DOHA interrogatories or that she intentionally falsified statements about her finances. Clearance is granted.


Guideline B

02/09/2009

A Hearing Office Judge is not authorized to review and pass judgment on Appeal Board decisions. Quasi-judicial adjudications must be made within the bounds of applicable law and agency policy not without regard to them. There is a rebuttable presumption that an applicant's relationship with immediate family members is not casual. Department Counsel is not required to prove a threat of espionage. Favorable decision reversed.


Guideline B

02/09/2009

After the government presents evidence raising security concerns the burden shifts to the applicant to establish mitigation. The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decision. Adverse decision affirmed.


Foreign Influence

2/9/2009

Applicant has ties of affection and obligation to his wife, a citizen of the PRC, and his in-laws, who are citizens and residents of the PRC. Clearance is denied.


Financial

02/06/2009

Applicant's indebtedness was caused by her husband's unemployment as well as under employment. Even though a divorce decree required him to pay child support, he did not pay. Even though the divorce decree required him to pay « of his child's extra- curricular activities, he did not pay. In the face of this adversity, Applicant has paid or settled with eight of the listed creditors and is in repayment plans with the remaining two. Eligibility for access to classified information is granted.


Foreign Influence

02/06/2009

Since the Applicant's mother passed away, he has little contact with the People's Republic of China. His children are native born Americans, and all of his assets are in the U.S. Clearance is granted.


Drugs; Alcohol

02/06/2009

Applicant had an extensive history of drug abuse. He ended his drug abuse in November 2005. He had two alcohol-related incidents, the most recent was on January 26, 2008. Applicant mitigated drug involvement security concerns; however, he failed to mitigate security concerns arising from his alcohol consumption because insufficient time has elapsed since his most recent incident. Eligibility for access to classified information is denied at this time.


Financial

02/06/2009

Applicant's statement of reasons (SOR) alleged three delinquent debts. One debt was withdrawn as a concern. Another debt was successfully disputed. Applicant failed to mitigate financial considerations because he did not provide a reasonable explanation for his failure to resolve one delinquent debt. Eligibility for a security clearance is denied.


Financial; Personal Conduct

02/06/2009

Applicant's 25 delinquent accounts, totaling approximately $23,955, raised concerns under financial considerations. While Applicant encountered certain factors beyond his control which contributed to his financial problems, the concerns raised under financial considerations are not mitigated because he has no established plan to resolve his delinquent accounts. Security concerns raised under personal conduct are mitigated because Applicant did not intend to falsify his security clearance application. Applicant has failed to meet his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Foreign Preference, Foreign Influence, Personal Conduct

02/06/2009

Applicant was born and raised in Cuba. As a young man, he served time in jail for his political beliefs. He and his family immigrated to the United States (U.S.) in 1980 when the Cuban government allowed political prisoners to leave Cuba. He and his wife divorced in 1991. His former wife and three children live in the U.S. Applicant's daughter is a U.S. citizen. He remarried in 1996 and became a citizen of the U.S. in the same year. His present wife is a permanent resident of the U.S., but a citizen of Columbia. Except for her daughter, her family members are residents and citizens of Columbia. After the U.S. eased travel restrictions to Cuba in 1999, Applicant obtained a Cuban passport, which he used to enter Cuba when he visited his parents in 2000 and 2002. His Cuban passport has expired. He will not renew it as he does not intend to travel to Cuba in the future. He traveled to Columbia once to meet his wife's family. He considers himself an American citizen, not a Cuban citizen. He has demonstrated that he has no loyalties to Cuba and that there is no heightened risk because of his family in Cuba and his wife's family in Columbia. He has mitigated the government's security concerns under Guidelines B and C. He did not intentionally falsify his security clearance application. Thus, there is no security concern under Guideline E. Eligibility for a security clearance is granted.


Financial

02/06/2009

Applicant is a 48-year-old employee of a defense contractor. He has had financial difficulties for a number of years. He has paid some of his delinquent debts, but he still owes a large amount. He did not provide sufficient evidence to mitigate the security concerns raised by his financial history. Clearance is denied.


Financial; Personal Conduct

02/06/2009

Applicant was granted a Chapter 7 bankruptcy discharge in October 2004. After he filed a Chapter 13 petition in December 2004, his Chapter 7 case was reopened and his discharge revoked for failure to disclose annuity payments as income on his initial petition. He continues to struggle financially and has yet to resolve most of his delinquent accounts. He reported his Chapter 7 bankruptcy dismissal but not his Chapter 13 filing on his security clearance application. Personal conduct concerns are unsubstantiated because his omission was not deliberate but financial concerns persist. Clearance is denied.


Foreign Influence

02/06/2009

Applicant is an Iranian born, naturalized U.S. citizen, who has lived in the United States since 1975. Applicant's four siblings are citizens and residents of Iran. In 1992, Applicant became a U.S. citizen and has held a security clearance since 1993. Since 1975, Applicant has traveled to Iran four times with the last visit in 2002. Applicant has rebutted or mitigated the government's security concerns under Guideline B, foreign influence. Clearance is granted.


Foreign Influence

02/06/2009

Applicant's parents-in-law are citizens and residents of Russia. His wife owns investment property in a resort area in southern Russia worth about $100,000, and has a close relationship with her parents. Foreign influence concerns were not mitigated. Eligibility for access to classified information is denied.


Foreign Influence

02/06/2009

Applicant is a U.S. citizen. Her father was born in Lebanon and became a naturalized U.S. citizen in 1977. Her mother was born in the U.S. Her father works for a U.S. Foundation that offers educational opportunities for Lebanese students. Applicant has extended family in Lebanon, Saudi Arabia and the United Arab Emirates. Applicant's contact with her extended family and her father's business ties do not create a heightened security concern. She has successfully mitigated the security concerns raised under Guideline B. Clearance is granted.


Financial

02/05/2009

Forty-eight-year-old Applicant had 13 SOR-identified purportedly continuing delinquencies, most of which have been satisfied or otherwise resolved; and some were apparently not her responsibility. A single mother of three children, whose ex-spouse was over $30,000.00 in arrears on child support payments, experienced financial difficulties which resulted in accounts becoming delinquent and being "charged off" and/or placed for collection, and a house foreclosure. With a solid employment record, she was eventually able to focus on her debts and has paid off all but two. She generally has a monthly balance of about $1,122 in discretionary funds available for her use to resolve her remaining delinquent debts, and intends to pay off those debts as well. She has written both creditors but they have not responded. Her actions in addressing her debts indicate good-faith efforts on her part, and show clear indications any such problem is now largely under control. Questions and doubts as to her security eligibility and suitability have been satisfied. Clearance is granted.


Financial

02/04/2009

Applicant is 52 years old and employed as an Aircraft Electronic Technician by a defense contractor. He has a number of family members who are citizens and residents of Kuwait, including his mother, seven sisters, a brother and two brother-in-laws. Applicant has no contact with any of them on any regular basis except his elderly mother who he speaks with periodically to check on her health. None of family members in Kuwait know what he does for a living or for whom he works. None of his foreign contacts pose a security risk. Clearance is granted.


Alcohol

02/03/2009

Applicant is a recovering alcoholic. She has had no alcohol-related incidents. She referred herself for alcohol treatment when she realized she was drinking more than she should. She completed the extensive alcohol treatment program. She also completed more than 70 sessions of aftercare. She is an active participant in Alcoholics Anonymous and has a supportive sponsor. She regularly sees a mental health professional and has the active support of her family. Applicant has mitigated the security concerns raised under Guideline G, Alcohol Consumption. CASE NO: 08-01127.h1


Criminal Conduct; Alcohol

02/03/2009

Applicant is 30 years old and has been arrested five times in a nine year period. He has had three drug related arrests and two alcohol-related arrests. He is on probation until 2010 for his latest conviction of Driving While under the Influence of Alcohol. He failed to mitigate the security concerns raised under Guidelines J and G. Clearance is denied.


Financial

02/02/2009

Applicant is 54 years old and employed as a Tech 3 by a defense contractor. Applicant's financial indebtedness was caused by a divorce, a failed business and two accidents. Since December 2007, he has been employed in a full time basis with his current employer and often works overtime. He has paid off only one of the debts listed in the SOR, a debt for $20.00, and is making payments toward resolving a tax lien. He remains indebted in excess of $20,000.00. Sufficient financial rehabilitation has not been shown. Clearance is denied.


Financial

02/02/2009

Applicant is 43 years old and employed as an Office Administrator by a defense contractor. She is indebted in the amount of approximately $21,000,00. She is currently going through a divorce which has contributed to her delinquent debt. She is awaiting a court hearing on child custody and support to determine how much she will be awarded so that she will be able to pay her delinquent debts. She has recently contacted a consumer credit counselor to assist her in resolving her debts. Applicant's excessive indebtedness has not been resolved. Sufficient financial rehabilitation has not been shown. Clearance is denied.


Financial

02/02/2009

Applicant is 44 years old and employed as an Assistant Engineer by a defense contractor. He is excessively indebted in the amount of approximately $17,500.00. He retired from the Navy in June 2002. He worked odd jobs but did not find suitable employment until he was hired by his current employer in May 2007. Each of the delinquent debts listed in the SOR remain outstanding. Sufficient financial rehabilitation has not been shown. Clearance is denied.


Financial

02/02/2009

Applicant is 53 years old and employed as a Security Specialist 3 by a defense contractor. She filed Chapter 7 Bankruptcy in 1990 and again in 2002 to resolve her past due indebtedness. Since then, she has been current with all of her monthly expenses and has no delinquent debt. Applicant's history of questionable judgment has been mitigated. Clearance is granted.


Financial

01/30/2009

Applicant's statement of reasons (SOR) alleged 14 delinquent debts totaling about $75,000. Applicant's husband's arrest and confinement caused more than an 80% reduction in her family income, and most of their debts became delinquent, including their mortgage. She worked hard, increasing her income, and reducing her expenses. She obtained a divorce and filed for bankruptcy. She acted responsibly. Applicant mitigated financial considerations. Eligibility for access to classified information is granted.


Financial

01/30/2009

Applicant owned an engineering business in which he executed projects using a bank line of credit until payment on the projects became due at the beginning of construction. Ill health and an economic downturn adversely affected his ability to manage his running debt. He filed for Chapter 11 bankruptcy in the face of in excess of $1,000,000 in debt. The reorganization plan, however, has yet to be approved and Applicant failed to adequately address two substantial obligations he believes are not his. Applicant failed to mitigated financial considerations security concerns. Clearance is denied.


Financial

01/30/2009

Applicant is responsible for approximately $80,000 in delinquent credit card debt. Her home mortgage was in default, and she is currently making payments to rehabilitate her home mortgage loan. Applicant has made good faith efforts to address her many financial delinquencies, but to date she has not established a track record of committed and reliable payment over time. She has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied.


Financial

01/30/2009

Applicant failed to mitigate the security concern that arises from her outstanding delinquent debts. Although she sought Chapter 13 bankruptcy protection in May 2008, two bankruptcy petitions she filed in 2006 were previously dismissed and there is insufficient evidence to warrant a finding that her financial problems are going to be resolved through the current petition.


Drugs; Personal Conduct

01/30/2009

Applicant used marijuana about ten times while in high school and once in June 2007, while his security clearance application was pending. In response to interrogatories in May 2008, he indicated he intended to continue using marijuana, but at the hearing he repudiated his response. He has not used marijuana since June 2007. Clearance is denied.


Foreign Influence; Foreign Preference

01/30/2009

Applicant's contacts with family members and friends in Taiwan did not raise security concerns under foreign influence where the Taiwanese government generally respected its citizens civil rights, was not known to target U.S. citizens to obtain protected information, and where none of Applicant's friends or family had any connection to the Taiwanese government—and thus not so situated as to be a point of influence on Applicant. Clearance granted.


Financial

01/30/2009

Applicant failed to mitigate the security concerns about his failure to resolve more than $11,000 in delinquent debt despite having sufficient means to do so. Clearance is denied.


Financial; Personal Conduct

01/30/2009

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.


Drugs

01/30/2009

Applicant abused marijuana from 1997 to May 2007, at times with his spouse. She continued to use marijuana around him until at least December 2007. Applicant also ingested Ritalin that had been prescribed for his spouse about 35 to 40 times between May 2006 and April 2007. His intent to not use any drugs in the future is not enough to overcome the security concerns raised by his extensive and relatively recent drug involvement. Clearance is denied.


Foreign Preference; Foreign Influence

01/30/2009

Applicant is a dual-citizen willing to renounce his Belgian citizenship and had his foreign passport destroyed. He voted by mail in one foreign election. His wife was raised in China and her parents are citizens and resident there, although they recently received green cards and plan to move to the U.S. in the future. Applicant lived in Taiwan to learn Mandarin before meeting his wife. He mitigated foreign preference but not foreign influence concerns. Eligibility for access to classified information is denied.


Financial

01/30/2009

Applicant defaulted on a loan he signed as guarantor to buy a business for himself and his spouse. In February 2006, a judgment was entered against him for about $146,000. The judgment is unsatisfied. Clearance is denied.


Financial

01/30/2009

Applicant has 14 unpaid debts totaling approximately $14,000, which are in collection or have been charged off. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Criminal Conduct; Financial; Personal Conduct; Drugs; Alcohol

01/30/2009

Applicant has a lengthy history of criminal arrests that involve mostly drug/alcohol and domestic violence offenses. He remains under an alcohol abstinence probation condition on his last conviction and fails to mitigate criminal conduct and alcohol concerns. Applicant has failed to take any documented steps to address his delinquent debts and does not mitigate financial concerns. He mitigates drug concerns arising out of his last arrest and personal conduct concerns over his arrest omissions. Clearance is denied.


Foreign Preference; Foreign Influence; Financial; Personal Conduct

01/30/2009

The Applicant has significant foreign connections to Lebanon which he has not mitigated. He did mitigate the Foreign Preference and Financial allegations; and the Personal Conduct allegation was not proved. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Personal Conduct

01/30/2009

Applicant failed to mitigate the security concerns about his failure to resolve more than $38,000 in delinquent debt since 2001. Although he did not intend to falsify his security clearance application as alleged, other information in his background, including an alcohol-related arrest and termination of a job under adverse circumstances, supported the security concerns about his personal conduct. Clearance is denied.


Financial

01/30/2009

Applicant mitigated financial allegations arising from mortgage fraud perpetrated on him and others. He purchased three residential properties that had inflated appraisals. Two were condemned and he owed the balance on mortgages that he could not pay. The perpetrators of the schemes are either deceased or out of business. Criminal investigations are being pursued. The decision denying a clearance was remanded to the administrative judge for failure to properly evaluate it under the whole person analysis. The matter was re-opened and additional evidence was received that showed two of the debts had been dropped and Applicant was making efforts to negotiate a payment plan or a settlement. The remand decision concluded that clearance should be granted.


Criminal Conduct; Alcohol; Financial; Personal Conduct

01/30/2009

Applicant has an on-going unresolved financial delinquency of $17,000. In 1991, 1992, 2000, and 2007, she was arrested and charged with driving under the influence of alcohol. In 2004, she was arrested for a drug-related driving offense. She continues to drink alcohol. On her security clearance application, she deliberately failed to fully disclose her alcohol-related offenses. She failed to mitigate security concerns related to criminal conduct, alcohol consumption, financial considerations, and personal conduct. Clearance is denied.


Guideline E; Guideline F

01/30/2009

Judge's conclusion that Applicant's efforts at debt repayment had not made much of a dent in her overall past-due indebtedness and that she was likely to experience additional financial difficulties was reasonably supported by the record evidence. Adverse decision affirmed.


Financial

01/30/2009

Applicant owes 20 creditors more than $35,000.00. She has a history of financial problems as exemplified by the federal tax problems that emerged in 1996. Though she has spent a large amount of money to identify/verify and repay her creditors, her payment of only a few creditors does not meet her ultimate burden of showing she warrants a security clearance. Eligibility for access to classified information is denied.


Personal Conduct

01/30/2009

Applicant's twelve-year history of employment-related misconduct, and his failure to recognize his responsibility for his actions, demonstrated poor judgment inconsistent with access to classified information. Clearance denied.


Drugs

01/30/2009

Between June 2000 and August 2005, Applicant used marijuana, cocaine, ecstasy, and gamma hydroxybutyrate (GHB) with varying frequency. He used lysergic acid diethylamide (LSD) once in 2001. He illegally used various prescription drugs with varying frequency between May 2001 and June 2005. Clearance is denied.


Personal Conduct

01/29/2009

Applicant became romantically and sexually involved with a woman with a long record of drug addiction and criminal conduct, while he was married to another woman. Clearance is denied.


Drugs; Personal Conduct

01/29/2009

Applicant used marijuana about once a month on social occasions from about January 2004 to about February 2008. He honestly admitted this use during the security clearance investigation, and there was no other evidence of it. His life circumstances have changed, and he persuasively established his intent not to abuse any drugs in the future. Eligibility for access to classified information is granted.


Financial

01/29/2009

Applicant accumulated several delinquent debts following her separation and divorce while she struggled as a single parent without any medical insurance or assistance from her husband and father of her young daughter. With the aid of three jobs, Applicant has repaid her medical debts, stabilized her current finances, and has only one unpaid debt from the SOR (since time-barred). Applicant demonstrates overall good judgment and trustworthiness and mitigates security concerns associated with her finances. Clearance is granted.


Criminal Conduct; Drugs; Alcohol; Personal Conduct

01/29/2009

Applicant is a 30-year-old employee of a defense contractor. She used illegal drugs for several years while holding a security clearance and was arrested in January 2006, for driving under the influence of alcohol. She attended outpatient drug and alcohol counseling and has been drug-free for more than two and a half years and abstinent from alcohol for more than two years. She mitigated the security concerns raised by her actions. Clearance is granted.


Guideline F

01/29/2009

Applicant did not make an allegation of harmful error by the Judge. Therefore, the Board has no authority under the Directive to review Applicant's case. Adverse decision affirmed.


Financial

01/29/2009

The Statement of Reasons alleges more than $100,000 in delinquent debt, which started accruing approximately five years ago. Applicant is making payments on one debt, and contends that she has arranged for consolidation of the remaining debts through a debt-relief program. The file contains an agreement signed several months ago, but no evidence of payments. Without evidence of such payments, indicating a good-faith effort to resolve her significant delinquent debt, Applicant has failed to allay the government's security concerns under Guideline F. Clearance is denied.


Financial

01/29/2009

Applicant is a 53-year-old employee of a defense contractor. He has more than $190,000 in delinquent debt. He recently filed Chapter 13 bankruptcy, but his proposed plan has not been approved and he has not begun making payments. He has not mitigated the security concerns raised by his financial issues. Eligibility for access to sensitive information is denied.


Financial

01/29/2009

Applicant failed to mitigate the security concerns about his failure to resolve more than $18,000 in delinquent debt despite twice receiving windfalls of money sufficient to pay most or all of his obligations outright. Clearance is denied.


Alcohol; Personal Conduct

01/29/2009

Applicant's favorable evidence is not sufficient to mitigate the alcohol consumption security concerns. Moreover, he deliberately omitted alcohol-related incidents from his security clearance application and made a false statement to a government investigator. Clearance is denied.


Personal Conduct; Criminal Conduct

01/29/2009

Applicant had an extensive history of drug abuse. He failed to disclose his drug abuse on his 2002 and 2005 security clearance applications. Applicant failed to mitigate security concerns arising from personal conduct and criminal conduct. Eligibility for access to classified information is denied.


Guideline G; Guideline E

01/29/2009

An applicant's disagreement with the Judge's weighing of the evidence is not sufficient to demonstrate that the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed.


Financial

01/28/2009

Applicant has a history of financial delinquencies attributable to a series of incapacitating injuries and layoffs, and resides in a region that has experienced significant housing and job losses. Applicant petitioned for Chapter 7 bankruptcy relief to resolve his debts, and is likely to be discharged (in this, a no-asset case). With good references, applicant mitigates the Government's financial concerns. Clearance is granted.


Financial; Personal Conduct

01/28/2009

Applicant failed to mitigate security concerns under the Personal Conduct and Financial Considerations adjudicative guidelines. He admitted 18 delinquent debts, lacked a coherent plan to resolve them, and failed to identify and report the extent of his financial delinquencies on two security clearance applications. Eligibility for a security clearance is denied.


Personal Conduct

01/28/2009

Security concerns were raised under personal conduct because Applicant provided false information on two security clearance applications and a resume pertaining to his educational background. Specifically, Applicant listed that he was awarded a Bachelor of Arts degree in August 2002, when he had not earned a degree. His explanations and the information provided in support of the whole person factors do not mitigate the concerns raised due to his deliberate falsifications. Clearance is denied.


Personal Conduct; Drug Involvement

01/28/2009

Applicant's use of illegal drugs between 2003 and 2007 is mitigated by the passage of time, complete change of circumstances, multiple positive drug tests, a positive clinical evaluation, a demonstrated intent not to use drugs in the future, and extensive positive information from his employer and other personal references. His answer to an e- QIP question about his drug use was not disqualifying because he did not intend to make a false statement or to mislead the government. Clearance is granted.


Guideline B

01/28/2009

Applicant failed to meet his heavy burden of persuasion on the question of whether the Judge was biased against him. Moreover, the Directive presumes a nexus between proven circumstances under one or more of the Guidelines and an applicant's clearance eligibility. Adverse decision affirmed.


Guideline F

01/28/2009

Applicant did not make a claim of harmful error by the Judge. Accordingly, the Board has no authority to review the case. Adverse decision affirmed.


Finances; Personal Conduct; Criminal Conduct

01/28/2009

Applicant who founded two defense related companies (one a wholly-owned corporation and the other a sole proprietorship), failed to monitor and ensure that his companies paid properly assessed income taxes to the IRS. His actions resulted in two tax liens which have not been satisfied or compromised with the IRS under a long-pending settlement offer submission from Applicant. Applicant’s manifest judgment lapses associated with these tax deficiencies/liens and still outstanding consumer judgment are not mitigated. Falsification allegations associated with Appellant’s omissions of his tax liens and delinquent debts are unsubstantiated. Clearance is denied


Drug Involvement; Alcohol Consumption; Financial

01/28/2009

Applicant mitigated drug allegations by showing treatment, rehabilitation and abstinence for over three years. He mitigated alcohol consumption allegations by passage of time since 1998 DUI and cessation of all alcohol consumption since that date. He mitigated financial allegations arising from delinquent debts from medical bills that are continuing but are paid currently. He has some delinquent credit cards that are old with no active collection efforts. He has the services of a professional accountant with planned payments. Clearance is granted.


Guideline F; Guideline E

01/27/2009

Applicant's claim that his due process rights were compromised by his self-representation is belied by the record, which establishes he received detailed pre-hearing guidance from DOHA explaining his rights. The fact that Applicant had over $3,000 in income each month after expenses supported the Judge's conclusion that Applicant had not made reasonable efforts to satisfy his creditors. Adverse decision affirmed.


Financial

01/27/2009

Applicant has numerous delinquent debts, most of which have been delinquent for years. Although he recently paid off some of the smaller debts, the bulk of his indebtedness remains unpaid, even though he appears to have the financial ability to repay all of his debts. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

01/27/2009

Although applicant offered evidence establishing that he satisfied a few of his debts, most of the evidence he offered consisted of statements and representations concerning what action he intends to take in the future. In view of his previous failure to follow through with his stated intention to pay off debts, and his intentional falsification of material facts on a security questionnaire, these statements and representations are given little weight. Clearance is denied.


Guideline F

01/27/2009

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


Guideline C; Guideline B

01/27/2009

There is a rebuttable presumption that a Judge is impartial and unbiased, and a party seeking to rebut that presumption has a heavy burden of persuasion. . The issue is not whether an applicant personally believes the Judge was unfair, but whether the record contains any indication the Judge acted in a manner that would lead a reasonable person to question her fairness or impartiality. Applicant has not met this heavy burden. The Directive presumes there is a nexus or rational connection between proven circumstances under any of its Guidelines and an applicant's security eligibility. Direct or objective evidence of nexus is not required. DOHA has adjudicated foreign preference cases involving applicants associated with or having family ties to a wide variety of countries. Foreign ties such as the ones maintained by Applicant are of legitimate concern to the Department in assessing risks to the nation's security. Adverse decision affirmed .


Guideline J; Guideline E; Guideline F

01/27/2009

Applicant elected to have his case decided on the written record. Thus, the Judge's credibility determination is not entitled to the same deference on appeal that it would receive in the context of a hearing. Applicant had two prior felony convictions for perjury and multiple convictions relating to larceny by check. The Judge did not give sufficient weight to the extent to which those crimes of moral turpitude undermined Applicant's credibility and his assertions that his failure to disclose multiple matters of obvious security concern was not deliberate. As to Applicant's falsifications, the Judge failed consider an important aspect of the case, failed to articulate a satisfactory explanation for her favorable conclusion, and offered an explanation that ran contrary to the record evidence as a whole. The Smith Amendment-related provision set forth at Guideline J AG  32(e) does not apply in Applicant's case. However, because of the Board's holding as to Applicant's deliberate falsification of his SCA, as set forth above, the Judge's overall adverse decision under Guideline J is sustainable on independent, alternative grounds. The government was only responsible for presenting evidence to establish the facts alleged in the SOR that had been controverted. Applicant was responsible for presenting evidence to rebut, explain, extenuate, or mitigate the facts proved by the government, and had the ultimate burden of persuasion as to obtaining a favorable clearance decision. Once it has met its initial burden of production, the burden of persuasion never shifts to the government. Adverse decision affirmed.


Guideline H; Guideline E

01/27/2009

The Judge's conclusion that, given the record, Applicant's abstinence from marijuana use since October 2006 was not sufficient to guarantee against recurrence is supported by the record. Adverse decision affirmed.


Foreign Influence

01/27/2009

The Applicant's wife and step-daughter are citizens of Russia living in the United States. The Applicant showed that his, and their, connections to the United States outweigh their connections to Russia. Sufficient mitigation is shown. Clearance is granted.


Financial

01/26/2009

Almost two years, Applicant recognized that she needed to resolve two large unpaid credit card debts. She retained the services of a credit counseling agency and began payments to this company in May 2007. As a result of her actions, one large debt was paid before the issuance of the Statement of Reasons. She continues to pay the credit counseling agency on a monthly basis and it continues to make settlement offers to the remaining creditor. Applicant has demonstrated that she is making a good faith effort to resolve her one remaining debt. She lives within her financial means. She has mitigated the government's security concerns under guideline F. Clearance is granted.


Financial

01/26/2009

Applicant's debts were discharged in bankruptcy in 2002. Thereafter, she accumulated additional delinquent debts totaling over $14,000. She claims that the debts were accumulated because of the actions of her husband. However, she has been steadily employed since 2000 and did not establish that her husband's actions prevented her from resolving her delinquent debts. Some creditors attempted to contact her but she did not respond to them. Applicant did not present information to establish that her finances are under control and she is acting in good-faith. Clearance is denied. CASE NO: 08-05585.h1


Criminal Conduct, Personal Conduct

01/26/2009

Applicant engaged in criminal conduct in 1990 by forging a credit card-holder's name, and was sentenced to 2 years probation. While on probation, he was involved in theft of personal property. Also while on probation, he committed computer fraud and grand theft by illegally transferring funds from bank accounts. He was convicted and served two years in prison. While in prison, he was convicted of receiving stolen goods. Although he has not been involved in similar criminal conduct since the mid-1990s, he has received a series of civil citations from 1996 through 2008. His persistent and recent disregard of regulations continues the pattern of unwillingness or inability to conform to the law that he displayed in the past. He has failed to allay the government's security concerns under Guidelines J and E. Clearance is denied.


Drugs: Personal Conduct; Criminal Conduct

01/26/2009

Applicant smoked marijuana from about January 2006 to September 2007, and used cocaine and psilocybin once each in 2007. He deliberately did not list his use of cocaine and psilocybin on his February 2008 e-QIP. Drug involvement, personal conduct, and criminal conduct concerns are not sufficiently mitigated despite his subsequent candor about his illegal drug involvement. He continues to associate with known drug users and has repeatedly been around others while they smoked marijuana in his presence, including as recently as early November 2008. Clearance is denied.


Financial

01/26/2009

Because of the age of some of the debts, leading to a failure by Applicant to recall those debts, combined with a lack of financial counseling, there is insufficient evidence to find Applicant deliberately omitted material information from her security form in August 2007. However, given Applicant's failure to produce sustained payment evidence to the truck company law firm and to her debt service plan as she had testified, together with her post hearing statement that she is no longer in the debt plan, Applicant has not met her ultimate burden of persuasion under the financial guideline. Eligibility for access to classified information is denied.


Foreign Influence; Personal Conduct

01/26/2009

Applicant mitigated the foreign influence security concern generated by his Israeli family members. He failed to mitigate, however, the personal conduct concern generated by the falsification of his 2004 security clearance application. Clearance is denied. CASE NO: 07-17558.h1


Financial

01/26/2009

Applicant is 36 years old. He has a total of $131,326 in delinquent debt. He filed two Chapter 13 bankruptcy actions, but never completed their payment plans. The last plan's debts were $122,361. He has five additional delinquent debts listed in the SOR amounting to $8,967. Applicant failed to mitigate the financial considerations security concerns. Clearance is denied.


Financial

01/23/2009

Applicant incurred about $20,000 in delinquent debt due in part to loss of income on being activated for military duty in 2002 and deployment to Iraq in 2003. He has satisfied some debts and is making payments on the others. Clearance is granted.


Financial

01/23/2009

Applicant has either satisfied or made payment arrangements to satisfy his three delinquent debts. Clearance is granted.


Foreign Influence

01/23/2009

Applicant and her parents immigrated to the U.S. from the People's Republic of China (PRC) in 1999. Applicant's sister was ineligible to immigrate under her grandfather's sponsorship due to her age. Despite the risk of undue foreign influence that exists because of this familial tie to the PRC, Applicant can be expected to act consistent with the U.S. interests. Clearance is granted.


Financial

01/23/2009

Applicant mitigated the security concerns about his finances. He has paid or resolved more than half his delinquent debt, his current finances are sound, and the circumstances underlying his financial problems are not likely to recur. Clearance is granted.


Financial

01/23/2009

Applicant's payment of approximately 64% of his delinquent debt would generally be sufficient to find in his favor under the financial guideline. However, given the age of several of the delinquent debts, his failure to pay some debts because he forgot about them, his failure to pay a judgment that is more than four years old, and the absence of financial counseling and favorable character evidence to describe his work performance or his lifestyle, Applicant has not met his ultimate burden of persuasion in demonstrating he warrants access to classified information. Eligibility for access to classified information is denied.


Foreign Influence

01/23/2009

Foreign influence concerns raised because Applicant's in-laws are citizens and residents of Thailand are mitigated due to Applicant's longstanding and significant ties to the U.S. Applicant's wife is a permanent U.S. resident and intends to file for U.S. citizenship when she is eligible. Applicant's wife owns several acres of farmland in Thailand. Concerns raised by her land ownership as well as three joint bank accounts located in Thailand are mitigated because the majority of Applicant's assets are located in the U.S. making it unlikely that Applicant would be unduly influenced because of the foreign assets. Clearance is granted.


Personal Conduct; Criminal Conduct; Financial; Alcohol

01/23/2009

Applicant has a long history of criminal conduct and financial delinquencies. Clearance is denied.


Financial

01/23/2009

Applicant is 51 years old, unmarried, and has no children. Applicant has 13 delinquent debts listed in the SOR, totaling $25,430. Applicant repaid seven delinquent debts. He also has installment payment plans for three more of his debts. He is negotiating an installment agreement for the final debt. Applicant mitigated the financial considerations security concern. Clearance is granted.


Criminal Conduct; Drugs; Personal Conduct

01/23/2009

Applicant used Methamphetamine for many years, and engaged in other criminal activity. 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 or in responses to interrogatories. Mitigation has not been shown. Clearance is denied.


Guideline F

01/22/2009

Judge did not err in taking into account Applicant's bankruptcy filing. In a Guideline F case, a Judge's decision must be based on a consideration of an applicant's overall financial history. Adverse decision affirmed.


Guideline G; Guideline E

01/22/2009

The Judge's conclusion that Applicant deliberately omitted from his security clearance application reference to eight alcohol related offenses was sustainable in light of the totality of the record evidence. Adverse decision affirmed.


Financial

01/21/2009

Applicant mitigated the security concern that arose from her debts that became severely delinquent following a lengthy period of unemployment.


Financial

01/21/2009

Applicant and her husband incurred significant debt when he became disabled and they lost their small business, which was their sole means of support. Several debts remain, but they have incurred no new delinquencies and their finances are otherwise sound. Applicant's financial problems are not likely to cause her to act inappropriately. Nor is she likely to incur new financial problems. Clearance is granted.


Foreign Preference; Foreign Influence

01/21/2009

Applicant immigrated to the United States at age 16, became a naturalized U.S. citizen in 2000, and has lived in the United States for 26 years. He invalidated his Nigerian passport and mitigated the foreign preference and foreign influence security concerns. Eligibility for access to classified information is granted.


Financial

01/21/2009

This 27-year-old employee incurred delinquent debts as a result of a short period of unemployment and allowing family members to use his credit. He has approximately $19,647 in delinquent debt. Several smaller accounts are paid. The majority fo the debt is unpaid. He has no repayment plan in place although he promises to pay his delinquent debts as soon as possible. He has not mitigated the security concerns under the financial considerations guideline. Clearance is denied.


Financial; Personal Conduct

01/21/2009

Applicant incurred 13 delinquent accounts between 2003 and 2008 which raised concerns under financial considerations. While he has taken steps towards resolving four of the accounts, no steps have been taken towards resolving nine of the accounts. While he intends to resolve these accounts within a year, it is too soon to conclude that his financial situation has stabilized. Applicant's admission that he intentionally omitted his financial delinquencies on his security clearance application, while serious, is mitigated because of his subsequent honesty and expressed remorse. I find for Applicant under the personal conduct concern. However, concerns remain under financial considerations. Clearance is denied.


Financial; Personal Conduct

01/21/2009

From tax years 2000 through 2004, Applicant failed to timely file all his federal income tax returns and four state income tax returns. He is now out of debt, but still has not filed his 2001 federal tax return. Eligibility for access to classified information is denied.


Foreign Influence

01/16/2009

Applicant is 45 years old and employed as a NT Administrator by a defense contractor. Her foreign contacts in Taiwan that include her parents and brother do not pose a security risk. Clearance is granted.


Foreign Influence; Foreign Preference

01/16/2009

Applicant has numerous immediate family members who are citizens and residents of Italy. Under the whole person concept, however, she has overcome the Government's case. Clearance is granted.


Foreign Influence

01/15/2009

Applicant is 47 years old, married, and works for a defense contractor. Applicant immigrated in 1987 from the People's Republic of China (PRC) for educational advancement. He has frequent contact with his mother, who is a retired official in the PRC television and news industry, and a member of the Communist party. His brother is a senior colonel in the PRC Army, and also a member of the Communist party. They worked in jobs controlled by the Communist party and the PRC Army. Applicant did not mitigate the foreign influence security concern. Clearance is denied.


Guideline B: Guideline E

01/15/2009

The Judge's finding of deliberate falsification are sustainable given the record. Adverse decision affirmed.


Guideline B; Guideline E

01/15/2009

The Judge made sustainable findings regarding Applicant's extensive ties to India which support the Judge's adverse conclusions. Adverse decision affirmed.


Guideline B; Guideline C

01/15/2009

Applicant served in the Turkish military in the 1980s and remained on reserve status until 2005 Applicant received Turkish social security retirement. Applicant has several immediate family members and in-laws who are citizens and residents of Turkey. Applicant's children are dual citizens of the U.S. and Turkey. Adverse decision affirmed.


Guideline H; Guideline E

01/15/2009

The Judge found that Applicant had previously stated before a DOHA Judge that it was in the best interests of the Department and himself that he not use marijuana . However, Applicant subsequently used marijuana. The Judge's findings of security concern are supported by substantial record evidence. Although the Judge's findings contain error, the Board concludes it is harmless. The Judge erred in concluding that Applicant's prior testimony was a deliberate falsification. The Judge's decision had language which is inconsistent with her ultimate determination. However, the Judge's sustainable findings of fact support her conclusion under Guideline E, in that they illustrate questionable judgment and, therefore, impugn Applicant's reliability and trustworthiness. Adverse decision affirmed.


Foreign Preference

01/14/2009

Applicant is a naturalized U.S. citizen who is a dual citizen of Great Britain by virtue of his birth to British parents. He has possessed and used his British passport since obtaining his U.S. citizenship and passport in March 2006 to facilitate his travel to Japan, great Britain and other European countries. He has since surrendered his British passport to his employer's facility security officer. He mitigates security concerns associated with his past possession and use of his British passport by virtue of his returning his passport, demonstrating his principal assets to be U.S. based, and convincing that his undivided loyalties and preferences are with the U.S. Clearance is granted.


Financial

01/14/2009

Applicant is a 27-year-old truck driver seeking a security clearance. She went through an extended period of unemployment which led to numerous delinquent debts. She and her husband purchased a truck and she stated that she would start paying her delinquent debts after they have saved enough money to pay for any repairs to the truck. She did not provide sufficient evidence to mitigate the security concerns raised by her financial history. Clearance is denied.


Foreign Preference

01/14/2009

Applicant failed to mitigate foreign preference security by placing a condition of sale of property in Mexico on his willingness to revoke his Mexican citizenship. That citizenship was obtained after becoming a U.S. citizen in an effort to protect a property interest in Mexico. He also voted in the Mexican national election in 2006 primarily to have some influence in the local election where the property is located.


Personal Conduct

01/14/2009

Applicant stole from his employer, lied about it when asked, and was fired for doing so. He deliberately omitted this information from his most recent security clearance application. He failed to mitigate the resulting security concerns about his personal conduct. Clearance is denied.


Personal Conduct; Financial

01/14/2009

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


Foreign Preference

01/14/2009

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 extended family members (aunts and uncles) who are citizens and residents of Iran. Iran as a country has demonstrated hostility to U.S. strategic security interests. Considering his long Navy service, his demonstrated commitments to protecting U.S. security interests, his parents established U.S. roots, and his very limited contact with his family members in Iran over the past 20 years, Applicant is able, nonetheless, he mitigate the Government's foreign influence concerns. Clearance is granted.


Foreign Influence

01/14/2009

Applicant, who was born and raised in Taiwan, works for a defense contractor. He is a U.S. citizen. His children reside in the U.S. and are U.S. citizens. He and his wife are divorced. His three brothers are citizens of and reside in Taiwan. One brother retired two months ago and another brother is semi-retired, both from private industry jobs. Neither of these brothers relies upon the government of Taiwan for retirement benefits. His third brother works for a private university. Applicant made nine business trips to Taiwan between January 2001 and October 2003, using his U. S. passport. His business travel ceased over five years ago. Between December 2003 and December 2007, he made seven personal trips to Taiwan to visit his ailing father, to attend his father's funeral, and finally to relinquish his inheritance rights. He has mitigated the government's security concerns about his foreign influence. Eligibility for a security clearance is granted.


Financial; Personal Conduct

01/13/2009

This 47-year-old employee has mitigated the security concerns under the personal conduct guideline because she did not intentionally falsify her 2007 security clearance application. She incurred delinquent debts as a result of a separation in 1994 and abandonment by her husband. She has approximately $32,000 in delinquent debt. Several accounts are paid and some are in repayment. She demonstrated that her debt was not acquired through extravagance or negligence, that she is making tangible efforts at repayment, and that she is currently able to live within a budget. She has mitigated the security concerns under the financial considerations guideline. Clearance is granted.


Financial

01/13/2009

The Applicant has not yet made a serious attempt to pay any of his significant past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Personal Conduct

01/12/2009

This 40-year-old employee has not mitigated the security concerns under the financial considerations guideline. He has delinquent debt in the amount of $46,596. He has not paid any of the debts listed in the SOR. His plan is to refinance his home and pay the delinquent debts from the proceeds but the plan has not yet been executed. He did not intentionally falsified his security clearance application in December 2007. He has mitigated personal conduct security concerns. Clearance is denied.


Personal Conduct; Financial

01/12/2009

Applicant has had financial problems since 2001. He successfully disputed several accounts and resolved six medical accounts totaling $1,073. At the close of the record, eight delinquent accounts totaling $21,109 remain unresolved with no plan established to resolve the accounts. While Applicant has recently begun to resolve his financial situation, it is too soon to conclude that his financial situation is stable. Personal conduct concerns are mitigated because he had no intent to deceive when completing his security clearance application. The concerns raised under financial considerations are not mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

01/12/2009

Applicant, who is 27 years old, immigrated to the United States when he was 17 and has lived here since then. He was born a U.S. citizen, since his father was a U.S. citizen. He received a college degrees in the U.S. While he did not consider himself a dual citizen of Palestine, since he did not believe that his mother was a Palestinian citizen, he did indicate a willingness to renounce any citizenship of Palestine. He only applied for a Palestinian passport, because he was informed that it was required for him to exit Israel, and he has never used it again. The Palestinian passport has now expired. Finally, all of his close family members now reside in the United States. Mitigation has been shown. Clearance is granted.


Foreign Preference; Foreign Influence

01/12/2009

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 extended family members (parents of his wife) 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, his wife, and her family. Applicant has since surrendered his Iranian passport and mitigates foreign preference concerns. Considering his close family ties to Iranian family members and heightened risks presented by Iran, Applicant, his wife and her parents residing in Iran remain potentially vulnerable to pressure or coercion, and associated foreign influence concerns. Accordingly, he fails to mitigate security risks under the foreign influence guideline.


Financial

01/12/2009

Applicant failed to mitigate the trustworthiness concern that arises from her longstanding financial problems.


Foreign Influence

01/12/2009

Foreign influence concerns are raised by Applicant's family members being resident citizens of two foreign countries have been mitigated by sufficient evidence showing it is unlikely that pressure and influence would be placed on and/or through the family member to Applicant. Eligibility of access to classified information is granted.


Guideline B

01/12/2009

Department Counsel demonstrated that the Judge erred in finding that Applicant's Lebanese bank account was worth approximately $25,000 based on a dated and illegible bank book rather than the $100,000 acknowledged by Applicant in his response to the SOR. Applicant did rely to the File of Relevant Material. The evidence in mitigation for Applicant's ties to Lebanon is limited. The Judge's favorable decision is reversed.


Guideline B

01/12/2009

Applicant holds an Iranian passport. Her grandparents are citizens and residents of Iran. Since becoming a US citizen she has traveled to Iran annually. Applicant presented very little evidence in mitigation. Favorable decision reversed.


Guideline J; Guideline E

01/12/2009

The party challenging a Judge's credibility determination has a heavy burden on appeal. Applicant has not met that burden. The presence of some mitigating evidence does not alone compel the Judge to make a favorable security clearance decision. Adverse decision affirmed.


Guideline E; Guideline J

01/12/2009

The Judge weighed the mitigating evidence against the seriousness of the disqualifying conduct. The Judge found in favor of Applicant as to some of the allegations and reasonably explained why the mitigating evidence was insufficient to overcome the security concerns raised by others. Adverse decision affirmed.


Financial

01/10/2009

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


Financial

01/09/2009

The Applicant has not addressed the vast majority of his past due debts. Clearance is denied.


Foreign Influence

01/09/2009

Applicant is 31 years old and employed as a Systems Engineer by a defense contractor. Applicant's foreign family contacts pose no security risk as she has little or no contact with them. Sufficient mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

01/09/2009

Applicant is 43 years old and employed as a Machine Test Technician by a defense contractor. His excessive indebtedness has not been resolved. His deliberate falsifications on his security clearance application concerning his delinquent financial situation has also not been mitigated. Clearance is denied.


Foreign Preference; Foreign Influence

01/09/2009

Applicant is a 42-year-old native-born U.S. citizen who was born to Nigerian parents. Applicant presented more than sufficient evidence to explain, extenuate, or mitigate the security concerns raised by his exercise of dual citizenship and his family ties to Nigeria. Clearance is granted.


Drugs; Criminal Conduct; Personal Conduct

01/09/2009

Applicant mitigated the security concern caused by his former abuse of marijuana and the related security concerns that arose therefrom.


Foreign Influence

01/09/2009

Applicant is 50 years old, unmarried, and a translator for a Government contractor. His mother and four sisters are Iraqi citizens and live in Iraq. Applicant is a United States citizen since 1999, having come to the United States as a refugee in 1992. He owns his own home in the United States, and has no foreign investments, property, or financial interests. He worked with interim security clearances for three years with no violations, and is regarded highly by the military personnel with whom he worked. He has minimal annual contact with his family in Iraq. Applicant mitigated the foreign influence security concern. Clearance is granted.


Financial

01/09/2009

Between August 2002 and February 2004, Applicant was unemployed for approximately 17 months owing to changes in the technology field and market. While maintaining his household and balancing over $10,000 in medical bills for his family, he acquired 10 delinquent accounts representing about $19,000 in debt. Today, six of those accounts are in repayment, three are poised for addition to the repayment plan, and Applicant continues to research one remaining account. Applicant demonstrated that his debt was not acquired through extravagance or negligence, that he is making tangible efforts at repayment, and that he is currently able to live within a strict budget. Financial considerations security concerns are mitigated. Clearance is granted.


Financial; Criminal conduct

01/09/2009

The Applicant has made no serious attempt to pay any of his significant past due indebtedness. In addition, he was involved in a serious criminal act three years ago for which he is still on probation. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial; Criminal Conduct; Personal Conduct

01/09/2009

Applicant is a 53-year-old field service representative. He did not present sufficient evidence to mitigate his history of financial problems, which consists of approximately $81,000 in delinquent debts. Clearance is denied.


Financial

01/08/2009

Applicant is a 31-year-old aircraft mechanic. The record shows Applicant has a history of financial problems or difficulties as evidenced by current and past collection accounts, a student loan collection account, and an unpaid judgment on which he has made no payments since the judgment was entered in 2005. Sixteen delinquent debts for about $16,000 remain unpaid. Although the student loan was rehabilitated and he paid three small collection accounts, the record contains insufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial

01/08/2009

Applicant failed to mitigate the security concerns arising from financial considerations. His evidence is insufficient to show a track record of financial responsibility. Eligibility for access to classified information is denied.


Financial

01/08/2009

Applicant failed to mitigated financial allegations arising from delinquent debts arising from medical bills, utility bills, and auto repossession. Payments have been made on some of the debts and debt counseling has a payment plan for all but the repossession. However, Applicant's income is limited to SSI payments of $637 per month and food stamps while she undergoes chemo treatments and even that may not continue. The lack of sufficient means to resolve the debts indicates continuing security concerns. Clearance is denied.


Financial; Personal Conduct

01/08/2009

Applicant owes more than $30,000 in delinquent debt. Financial concerns are unmitigated because he has yet to make reasonable efforts to resolve his debt despite discretionary income in excess of $4,000 each month. His omission of delinquent debt from his security clearance application continues to raise personal conduct concerns. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

01/08/2009

Applicant accumulated numerous delinquent debts after she jointly purchased a house with her mother, and her spouse abandoned her and her children. She did not disclose her delinquent debts on her security clearance application. Clearance is denied.


Financial

01/08/2009

Applicant's financial irresponsibility in failing to have adequate federal income tax withheld—and the resulting tax debts to the Internal Revenu Service—renders her an unsuitable candidate for access to classified information. Clearance denied.


Financial

01/08/2009

Applicant has a history of financial irresponsibility. He filed for Chapter 13 bankruptcy in 1995. At the close of the record, 11 delinquent accounts, an approximate total of $50,410 remain unresolved. Although Applicant intends to resolve his accounts in the future, no evidence was submitted of any payments towards the delinquent debts. Applicant has not met his burden of proof to mitigate the concerns raised under financial considerations. Clearance is denied.


Foreign Preference; Criminal Conduct; Personal Conduct

01/07/2009

The Applicant's spouse and step-daughter are illegal immigrants. He is harboring them in violation of 8 U.S.C. 1324. Clearance is denied.