Small DOHA Seal

2010 Industrial Security Clearance Decisions

 

These 1,514 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

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

Foreign Influence, Foreign Preference

12/30/2010

Applicant was born in Syria in 1959. He immigrated to the United States in 1988, and he became a U.S. citizen in 1995. His current spouse immigrated to the United States from Syria in 2005 and will be a U.S. citizen in the near future. His five- year-old child is a U.S. citizen. However, Applicant has retained significant connections to Syria. He traveled to Syria every year from 2002 to 2008 and stayed on each occasion for 30 to 35 days. His parents, mother-in-law, and siblings live in Syria. He communicates frequently with his mother. Foreign preference concerns are mitigated; however, foreign influence concerns are not mitigated. Access to classified information is denied.


Drug Involvement

12/30/2010

Applicant possessed and used marijuana, methylenedioxymethamphetamine (MDMA), cocaine, and psilocybin. Her illegal drug possession and usage are too recent to be mitigated at this time. Eligibility for access to classified information is denied. CASE NO: 10-02355.h1


Foreign Influence

12/30/2010

Applicant is 33 years old. He moved from Pakistan to the United States when he was 14 years old, and became a naturalized citizen as soon as he was eligible. He has held a Secret security clearance since 2003, without incident. His wife is a naturalized citizen of the United States, and his two children were born in the United States. Applicant and his wife have relatives who are citizens and residents of Pakistan, and some who are dual citizens of Pakistan and Canada. Applicant provided substantial evidence to conclude that he would resolve any conflict of interest that may arise in favor of the United States. Applicant mitigated the security concerns under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 10-02015.h1


Drug Involvement; Personal Conduct, and Financial:

12/30/2010

Applicant has not mitigated the security concerns under the drug involvement, personal conduct, and financial considerations guideline. Applicant deliberately falsified his 2007 security clearance application by failing to disclose his illegal use of marijuana and other drugs. He held a security clearance at the time. Applicant used marijuana, ecstasy and mushrooms from approximately 1989 until 2007 on an intermittent basis. Applicant has unresolved delinquent debts. Clearance is denied.


Financial

12/30/2010

Because of the frequency and scope of his marijuana use over almost a 13-year period, Applicant has not presented sufficient evidence in mitigation and reform to warrant a finding in his favor under the drug involvement guideline. Eligibility for access to classified information is denied.


Financial

12/30/2010

Applicant is a 29-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. CASE NO: 10-00141.h1


Financial

12/30/2010

Applicant is a 31-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. CASE NO: 09-08744.h1


Financial; Personal Conduct

12/30/2010

Applicant failed to pay income taxes from money he inherited in 1986, leading to a 1997 tax lien. Moreover, he failed to disclose it, as required, on a 2009 security clearance application. Clearance is denied.


Financial

12/30/2010

Applicant works for a defense contractor. She has six delinquent debts totaling $96,078. Her actions to resolve these debts in the past 21 months resulted only in the possible settlement of $2,970 in delinquent debts while paying a debt settlement company $25,368 during the same time period. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 09-07976.h1


Financial

12/30/2010

Applicant's statement of reasons (SOR) lists ten delinquent debts totaling $1,471,421. He failed to make sufficient progress resolving his SOR debts, and financial considerations concerns are not mitigated at this time. Eligibility for access to classified information is denied. CASE NO: 09-07218.h1


Drugs; Personal Conduct; Outside Activities

12/30/2010

Applicant is 51 years old and employed by a defense contractor. Applicant's history of marijuana use from 1974 to at least September 2008, and his outside activities that include being the President and minority shareholder in a British-based company that does business with the DoD, poses a significant security risk that has not been mitigated. Clearance is denied. CASE NO: 09-07046


Financial

12/30/2010

Applicant is 53 years old and employed as a Radar Technician/Station Technician by a defense contractor. Applicant's history of excessive indebtedness has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 09-06964.h1


Financial

12/30/2010

Applicant is 34 years old and employed as a Communications Technician by a defense contractor. His history of excessive indebtedness has been mitigated by a good faith effort to resolve his debts. Clearance is granted. CASE NO: 09-06683.h1


Financial

12/30/2010

Applicant accrued a number of delinquent debts during periods of recurrent unemployment and significant medical expenses associated with insurance shortages. Applicant is currently employed and has either paid or is current with all of his listed debts, except for one in which he has a documented good-faith dispute with the creditor. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 09-05255.h1


Financial

12/30/2010

Applicant had debts discharged in a 2007 Chapter 7 bankruptcy and then more recently defaulted on consumer debts and a home equity loan. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05254.h1


Financial

12/30/2010

The Applicant has not made a good-faith effort to pay his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 09-02732.h1


Financial

12/30/2010

Applicant accumulated delinquent debts during a lengthy period of unemployment in 2007 and documented little effort to resolve them once he returned to gainful employment. He has since filed for Chapter 13 relief, but still awaits court approval and time to establish a meaningful track record of court-approved payments to the trustee. Applicant's finances are not stabilized enough at this time to mitigate security concerns. Clearance is denied. CASE NO: 08-11264.h1


Financial

12/29/2010

Applicant has not mitigated Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05554.h1


Financial Considerations; Personal Conduct

12/29/2010

Applicant has not mitigated Financial Considerations and Personal Conduct security concerns created by his failure to file his state and Federal tax returns. Eligibility for access to classified information is denied. CASE NO: 09-05361.h1


Financial

12/23/2010

Applicant has accumulated 15 delinquent debts totaling about $66,000. He has been employed by a defense contractor since January 2007, but he presented no evidence that any debts have been resolved. Clearance is denied. CASE NO: 10-00360.h1


Alcohol; Criminal Conduct

12/23/2010

Applicant mitigated concerns raised by his history of alcohol consumption and criminal alcohol-related offenses. He has been sober for more than two years. He completed the terms of his criminal sentences and has not been arrested since September 2008. His family relationships have improved and his duty performance has been outstanding. Applicant demonstrated his current judgment, trustworthiness, and reliability are not questionable. The alcohol consumption and criminal conduct concerns are mitigated. Clearance is granted. CASE NO: 09-04766.h1


Drugs; Alcohol; Personal Conduct

12/23/2010

Applicant voluntarily entered alcohol treatment and mitigated security concerns regarding alcohol consumption. However, Applicant’s recent marijuana use while holding a security clearance and his deliberate falsifications of a security clearance application and affidavit about his drug use raise security concerns under Guideline H, Drug Involvement and Guideline E, Personal Conduct. Applicant failed to mitigate these concerns. Eligibility for access to classified information is denied. CASE NO: 09-04149.h1


Criminal Conduct; Drugs; Personal Conduct

12/23/2010

Between March 1983 and April 2008, Applicant accumulated numerous arrests, charges, and convictions. He was imprisoned for about five years. He intentionally did not fully disclose his criminal record on his security clearance application. Clearance is denied. CASE NO: 08-00489.h1


Foreign Preference

12/22/2010

Applicant, a naturalized U.S. citizen, claims dual citizenship with Mexico to protect financial and property interests in Mexico. He failed to mitigate security concerns under the Foreign Preference adjudicative guideline. Clearance is denied. CASE NO: 10-00641. h1 DATE: 12/22/2010


Foreign Influence

12/22/2010

Applicant was born in United States. Her mother is a U.S. citizen and her father is a Liberian citizen. Her father took her to Liberia, where she attended high school. She attended college and law school in France, and earned an LLM degree in the United States. Her father remarried, and now lives in Ethiopia. Her most recent travel outside the United States was in 2004, and that travel was on behalf of the U.S. Government. She has much greater connections to the United States than to Liberia or Ethiopia. Foreign influence concerns are mitigated. Access to classified information is granted. CASE NO: 10-00586.h1


Financial

12/22/2010

Applicant accrued about $17,000 in delinquent debt for nine accounts, mostly as a result of her failed marriage. She began trying to resolve her debts before she applied for a security clearance. She paid those debts within her means to do so, and the other debts for her stepson's medical bills should have been paid by the child's mother's insurance. Applicant's current finances are sound and she is not likely to experience such financial problems in the future. Clearance is granted. CASE NO: 09-08732.h1


Financial

12/22/2010

Applicant failed to file his federal income tax returns for tax years 2003 through 2006. Moreover, he failed to provide documentation establishing payment of approximately $8,775 in 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. Clearance is denied. CASE NO: 08-08768.h1


Drug Involvement

12/21/2010

Applicant's illegal drug use raised security concerns about her judgment, reliability, and trustworthiness. She failed to mitigate security concerns under the Drug Involvement adjudicative guideline. 50 U.S.C.  435c does not apply in this case. Clearance is denied. CASE NO: 10-04964.h1


Drugs

12/21/2010

Applicant used marijuana regularly while a teenager. He is now 28 years old. He used marijuana in 2006 and in 2009. Applicant's 2009 use is recent, and occurred when he was 27 years old. It undermines his stated intent to avoid marijuana in the future. Clearance is denied. CASE NO: 10-02271.h1


Financial

12/21/2010

Applicant's financial problems were caused by his divorce, his former spouse's unemployment, and her financial irresponsibility. Applicant's SOR listed 13 debts totaling $34,632. Approximately $23,000 of Applicant's delinquent SOR debt related to a vehicle repossessed shortly after Applicant's spouse filed for divorce. Applicant paid two debts, one SOR debt was a duplication of another SOR debt, and three debts are in payment plans. Applicant has a viable plan to resolve all delinquent debts. In the last 18 months, Applicant paid more than $12,000 to his creditors. Financial considerations are mitigated. Eligibility for access to classified information is granted. CASE NO: 10-00975.h1


Financial

12/21/2010

Applicant is a 30-year-old mechanical engineer. The evidence shows Applicant has a mortgage loan that is past due in the approximate amount of $72,000 and in foreclosure. This circumstance happened due to job layoffs and underemployment. Applicant and his wife have pursued a systematic approach to sell the home, but without success due to a difficult residential real estate market. They are now working with the lender to resolve the situation via a deed in lieu of foreclosure. Applicant has acted reasonably and responsibly under the circumstances. Clearance is granted. CASE NO: 09-08128.h1


Guideline F

12/21/2010

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


Guideline E; Guideline M

12/21/2010

There is no requirement that a judge discuss or mention every piece of evidence in reaching a decision. Adverse decision affirmed.


Financial

12/21/2010

After receiving a discharge of her debts in Chapter 7 bankruptcy in 2006, Applicant has acquired approximately $35,000 in delinquent debt since 2007. Her failure to mitigate her financial delinquencies raises security concerns. Eligibility for access to sensitive information is denied. CASE NO: 09-00400.h1


Financial; Personal Conduct

12/21/2010

Applicant mitigated the security concerns raised by his one past-due debt by demonstrating that the debt had been due to circumstances beyond his control, and that he had taken timely and effective action to address the debt once he obtained stable employment. Record evidence showed he did not falsify his clearance application. Clearance granted.


Guideline E

12/21/2010

Applicant engaged in three episodes of security significant conduct over a sixteen year period, namely, providing proprietary information to a foreign government and two incidents of falsifying his security clearance applications. Favorable decision reversed.


Criminal Conduct

12/20/2010

From August 1993 to October 1995, when Applicant was 18-20 years old, he was involved in numerous criminal offenses. In January 1996, he was sentenced to incarceration for two years, with 18 months suspended. In June 1996, he was sentenced to incarceration for four to six years, and he served 68 months, followed by supervised probation for five years. After being involved in a traffic accident in September 2003, he pleaded guilty to leaving the scene of an accident and resisting arrest. Although he was still on probation, he was not incarcerated. With the help of an older brother whom he respects, he moved to another state, found new friends, and entered a committed relationship with a woman who has known him since childhood. He found employment with a defense contractor in August 2009, and he has earned a reputation for hard work, reliability, good judgment, and trustworthiness. Clearance is granted. CASE NO: 10-00247.h1


Foreign Influence

12/20/2010

Applicant's mother and step-sister are citizens and residents of Morocco. His wife and son are United States born citizens living in the United Arab Emirates (UAE). Applicant has rebutted or mitigated the foreign influence security concerns. Clearance is granted. CASE NO: 08-06304.h1


Foreign influence

12/17/2010

Applicant's husband is Israeli citizen. She also maintains close family ties to her in-laws and distant cousins residing in Israel. These ties consist of maintaining close and frequent contact with her Israeli relatives as well as recent visits to Israel in 2000, 2006, 2008, and 2010. Applicant's husband is in the process of becoming a U.S. citizen. 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, particularly when applying the whole-person concept. Clearance is granted.


Financial

12/17/2010

Applicant was delinquent on 12 debts. He paid 11 debts and committed to pay the remaining debt with the assistance of his father-in-law. Applicant provided sufficient evidence to mitigate the overall security concerns related to his finances. Eligibility for access to classified information is granted. CASE NO: 09-07283.h1


Foreign Preference; Foreign Influence

12/17/2010

Applicant was born in Israel. He moved to United States in 1990 and became a U.S. citizen in 1997. His parents and eight siblings are residents and citizens of Israel. He speaks to his elderly parents once a week and his siblings more sporadically. In 2007, he renewed his Israeli passport in order to enter and exit the country, after having been intimidated by airport authorities while using his U.S. passport. He recently destroyed his Israeli passport and does not have plans to return to Israel. Applicant mitigated the foreign preference concerns and the foreign influence concerns raised by his family residing in Israel. Clearance is granted.


Financial

12/17/2010

Applicant has not mitigated the security concerns under the financial considerations guideline. His 2008 Chapter 13 bankruptcy was dismissed due to failure of payment. Clearance denied. CASE NO: 08-12153.h1


Drugs; Personal Conduct

12/16/2010

Applicant is a 30-year-old employee of a defense contractor. He used illegal drugs until September 2010. He mitigated Personal Conduct concerns, but he has not mitigated Drug Involvement security concerns. Clearance is denied. CASE NO: 10-01293.h1


Foreign Preference; Foreign Influence

12/16/2010

Applicant, who is 42 years old, immigrated to the United States when he was 25. He has lived in the U.S. for 17 years, where he earned his college degree. He has been a U.S. citizen since 2007. His parents, brother, and sister are all residents and citizens of Taiwan, but they have all applied for permanent residence in the United States and plan to move here when possible. He has no contact with anyone else in Taiwan. Applicant has renounced his Taiwanese citizenship and had his Taiwanese passport invalidated. Mitigation has been shown. Clearance is granted.


Financial

12/16/2010

Applicant is 32 years old and is employed by a defense contractor. Applicant had six delinquent debts totaling $15,300 listed in the Statement of Reasons. He resolved five of the six debts by installment payment agreements and lump sum payments. He will pay the sixth debt shortly. Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 09-05049.h1


Financial

12/15/2010

Applicant and her husband had solid credit before they began their own business. They took out loans and bought a bar. After a few years, the business failed, and they closed it in 2009. They then obtained full-time jobs, and began to repair their credit. The Statement of Reasons alleges two remaining debts. Applicant provided evidence that she paid one. The other, and largest, debt was for past-due mortgage payments. Applicant has been working with her lender on a loan modification. She hired a company to assist her in preparing the application. She was recently informed that it was approved, and her new payment is well within her ability to pay. She now has a monthly net remainder of several hundred dollars, and it is unlikely she will be in a similar position in the future. Clearance is granted. CASE NO: 10-03389.h1


Financial

12/15/2010

Applicant accumulated 11 delinquent debts totaling about $63,336, including student loans of about $53,568. She claimed that a $710 judgment for unpaid rent was satisfied, but she presented no documentary evidence to support her claim. She has done virtually nothing to resolve the remaining delinquent debts, even though she has been employed since April 2007. Clearance is denied. CASE NO: 10-01372.h1


Criminal

12/15/2010

The Applicant's last arrest was more than ten years ago. He is now a trusted member of his community and works in law enforcement. Sufficient rehabilitation has been shown. Clearance is granted. CASE NO: 09-07184.h1


Financial

12/15/2010

As of February 2010, Applicant owed about $563 in delinquent medical debt incurred by him and his spouse in 2003 and 2004, $1,704 on a car loan in collection, and $709 for a past due credit card account held jointly with his spouse. The loan on his home was past due about $30,487. He fell behind in the mortgage payments when he and his spouse were both out of work for medical reasons, and they could not afford the increase in his monthly obligation after the loan was modified. He learned in 2010 that the current mortgage holder is not holding him responsible for the debt, and it has been deleted from his credit report. Applicant has been advised to assume the note so that he could keep his home. The unresolved debt is not likely to be a source of financial pressure for Applicant. He has paid off his car loan, settled the delinquent credit card account, and satisfied three of the medical debts. Clearance granted. CASE NO: 09-04654.h1


Financial

12/15/2010

The Applicant has not made a good-faith effort to pay his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 09-01366.h1


Foreign Influence

12/14/2010

Applicant was born in Armenia. He has lived in the U.S. since 1997, and has worked for the same federal contractor since 1999. Some members of his family remain in Armenia. He keeps in touch with them a few times per month. Applicant is married, and has two sons. His sons were children when they immigrated, and have received their education in the United States. Applicant owns a home in the United States. His ties in the United States are more significant than his ties to Armenia. Clearance is granted. CASE NO: 10-01279.h1


Financial

12/14/2010

Applicant had debts discharged in a 2002 Chapter 7 bankruptcy and then more recently defaulted on a real estate mortgage and a home equity loan. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-00446.h1


Financial

12/14/2010

Applicant accumulated delinquencies over the past two years after his fianc‚e left, and he lost approximately $50,000 in family income. He maintained contact with his mortgage lender in an effort to keep his home, which represents his largest debt. However, he ignored the remaining debts which amount to approximately $28,000. He paid fees to an attorney in regard to filing a Chapter 13 bankruptcy, but has not proceeded with the bankruptcy filing. His mortgage debt and his other debts remain delinquent, and he has no payment plan in place to resolve them. Clearance is denied. CASE NO: 10-00228.h1 DATE: 12/14/2010


Guideline F

12/14/2010

Applicant’s failure as CEO and sole director to pay corporate debts and file tax returns is sufficient to raise Guideline F security concerns. Adverse decision affirmed. CASE NO: 10-00065.a1


Guideline C; Guideline B

12/14/2010

Equivocal nature of Applicant’s statement of willingness to renounce Belgian citizenship supports Judge’s adverse decision under Guideline C. Adverse decision affirmed. CASE NO: 09-07072.a1


Guideline F

12/14/2010

Applicant was not denied due process. The Judge’s findings of fact were based upon substantial record evidence. Adverse decision affirmed. CASE NO: 09-05176.a1


Sexual Behavior; Personal Conduct

12/14/2010

Applicant works for a defense contractor. He was administratively discharged from the Navy in January 2008 after an investigation pertaining to allegations of sodomy, assault, and indecent assault pursuant to the Uniform Code of Military Justice. Applicant lacks credibility concerning the serious sexual assaults occurring in June 2007 at a party involving him and two other persons. Applicant did not mitigate the sexual behavior and personal conduct security concerns. Clearance is denied. CASE NO: 09-00306.h1


Foreign Influence; Personal Conduct; Financial

12/14/2010

Applicant-wife remains a close friend and associate with a dual citizen of the U.S. and Columbia, who resides in Columbia. Applicant's friend was found to have committed securities fraud by the Securities and Exchange Commission and was involved in several extraordinary schemes in which investors lost millions of dollars. Applicant lost over $400,000 of her own money through numerous unpaid loans to her friend. This loss directly contributed to Applicant's 2006 bankruptcy. Applicant mitigated security concerns under foreign influence, but failed to mitigate security concerns under personal conduct and financial considerations. Clearance is denied. CASE NO: 06-22024.h1


Foreign Influence; Personal Conduct; Financial

12/14/2010

Applicant-husband remains a close friend and associate with a dual citizen of the U.S. and Columbia, who resides in Columbia. Applicant's friend was found to have committed securities fraud by the Securities and Exchange Commission and was involved in several extraordinary schemes in which investors lost millions of dollars. Applicant lost over $400,000 of his own money through numerous unpaid loans to his friend. This loss directly contributed to Applicant's 2006 bankruptcy. Applicant mitigated security concerns under foreign influence, but failed to mitigate security concerns under personal conduct and financial considerations. Clearance is denied. CASE NO: 06-19474.h1


Foreign Preference

12/13/2010

Applicant is a 19 year-old dual Canadian and United States citizen, who maintains his Canadian citizenship, which he is unwilling to renounce, and a Canadian passport, which he is unwilling to destroy or surrender. Mitigation has not been shown. Clearance is denied


Financial; Personal Conduct

12/13/2010

Applicant has had a history of overdue debts, the majority of which have not been resolved. Applicant also furnished incomplete information to the Government on a Security Clearance Application. Mitigation has not been shown. Clearance is denied.


Financial

12/13/2010

Applicant has had a history of overdue debts, due to periods of unemployment and the cost of moving to seek new employment. Since he began his current employment his finances have stabilized, and he has resolved a significant amount of his overdue debts by either paying off the debts or legitimately disputing them, with plans to resolve the remainder. Mitigation has been shown. Clearance is granted.


Drugs; Personal Conduct

12/13/2010

The evidence established that Applicant used marijuana and methamphetamine for many years, including at least one time when he was working for his current employer and was receiving weekly drug testing. Applicant's credibility, trustworthiness, and judgement are suspect, as he was not truthful or candid with information that he furnished to the United States Government, on a Security Clearance Application (SCA) or to a Government investigator, regarding his drug usage. Mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

12/13/2010

Applicant mitigated Personal Conduct security concerns. However, 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. CASE NO: 07-18216.h1


Foreign Preference; Foreign Influence

12/10/2010

Applicant is 64 years old. He was a dual citizen of Israel and the United States. He destroyed his Israeli passport and is willing to renounce his Israeli citizenship. He does not intend to return to Israel. Applicant's two daughters, son-in-law, and granddaughters are dual citizens of Israel and the United States, residing in Israel. Applicant has sufficiently mitigated the security concerns raised by his family ties and past business ties with Israel. Applicant has mitigated mitigate the security concerns under Guideline C, Foreign Preference, and Guideline B, Foreign Influence. Clearance is granted. CASE NO: 09-06979.h1


Financial

12/10/2010

Applicant was delinquent on a home equity loan. He addressed the debt through a Chapter 13 bankruptcy plan and has made every monthly payment to date. Applicant provided sufficient evidence to mitigate the overall security concerns related to his finances. Eligibility for access to classified information is granted. CASE NO: 09-02454.h1


Personal Conduct; Criminal Conduct

12/10/2010

Applicant had multiple minor criminal charges or behavioral incidents in school, some of which are unsubstantiated. This alleged pattern culminated in his 2005 conviction for attempted robbery. Although he declined to participate in the 2004 robbery, he drove an acquaintance to a meeting place, thus aiding the conspirators. He has served his sentence and completed his probation in 2006. Since that time, he has stayed clear of further criminal activity, focused on his custodial work, earned the respect of his superiors, volunteered with foster children, and tried to complete his college education. Personal conduct and criminal conduct security concerns are mitigated. Clearance granted. CASE NO: 08-11581.h1


Financial Considerations

12/09/2010

Appellant continues to owe creditors approximately $19,000 in delinquent debt and remains unable to resolve these delinquencies. Clearance is denied. CASE NO: 09-05694.h1


Personal Conduct

12/09/2010

Applicant resigned his position as a fire inspector for a local municipality in 2003, in lieu of termination for being untruthful during an EEO interview, violating his department's sexual harassment policy, using his position in an inappropriate manner, compromising a felony investigation, and committing actions not favorable to his city and its fire and police departments. Applicant repeated some of the false denials he made in his previous EEO and police investigation interviews in his more recent OPM interviews. Considering all of the facts and circumstances, Applicant failed to mitigate judgment and trust concerns associated with his prior actions with his city employer and continuing concerns over his judgment and trustworthiness consistent with minimum levels of eligibility to hold a security clearance. Clearance is denied. CASE NO: 07-04854.h1


Alcohol; Criminal Conduct

12/08/2010

Applicant is 27 years old and employed as a Bonding Assembler by a defense contractor. His history of alcohol abuse from 2004 to 2009, and his DUI of May 2009, is recent and has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 10-00827.h1


Financial

12/08/2010

Applicant's financial problems were caused primarily by a failed business, a subsequent divorce, and a six month period of unemployment. Over the past year and a half, she has either satisfied, resolved, or implemented payment plans for her previously delinquent debts. Clearance is granted. CASE NO: 09-08097.h1


Alcohol Consumption; Criminal Conduct

12/08/2010

Applicant was convicted of two driving under the influence of alcohol offenses, most recently in 2007. Since the last offense, Applicant has been sober for 28 months and regularly attends Alcoholics Anonymous (AA). Security concerns were mitigated and clearance is granted. CASE NO: 09-06385.h1


Financial

12/08/2010

Applicant endured several periods of unforeseen unemployment due to the severe downturn in the construction industry in 2008. Several of his debts became delinquent, including his home mortgage. He relocated to obtain his present employment, has resolved all of his formerly delinquent debts, and has mitigated the resulting security concerns. Eligibility for access to classified information is granted. CASE NO: 09-06058.h1


Alcohol; Personal Conduct

12/08/2010

Applicant was involved in numerous incidents of misconduct in college, most of them alcohol-related. He graduated from college in May 2006. He behaved responsibly until March 2009, when he was arrested for driving under the influence, reckless driving, and refusing a breathalyzer test. He completed the court-ordered alcohol counseling, obtained intensive outpatient treatment, changed his circle of friends and his lifestyle, and gained the respect and support of his supervisor. He has mitigated the security concerns based on alcohol consumption and personal conduct. Clearance is granted. CASE NO: 09-05086.h1


Guideline F; Guideline G; Guideline E

12/08/2010

Once the government presents evidence raising security concerns, the burden shifts to the applicant to establish mitigation. It is reasonable for a judge to expect applicants to present documentation abot the satisfaction of specific debts. Adverse decision affirmed.


Financial

12/08/2010

The Applicant has made a good-faith effort to pay his past due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 09-03384.h1


Alcohol

12/08/2010

Applicant's history of excessive alcohol use for more than two decades resulted in DUI convictions in 1984, 1988, 1992, 1998, and 2007. Over time, he attended alcohol education and treatment programs seven times, and was diagnosed with alcohol abuse and alcohol dependence. He has been abstinent in the past while on probation, but eventually relapsed each time he stopped drinking. He has been abstinent most recently for three years, and his current three-year probation ends in December 2010. Given Applicant's long history and repeated relapses, he has failed to allay the security concerns under Guideline G. Clearance is denied. CASE NO: 09-02909.h1


Guideline K; Guideline E

12/08/2010

An applicant who has committed security violations has a very heavy burden on appeal. Such violations strike at the very heart of the industrial security program. Thus claims of reform or rehabilitation require strict scrutiny. Adverse decision affirmed.


Financial

12/08/2010

Applicant has not mitigated Financial Considerations security concerns created by his delinquent tax debt. Eligibility for access to classified information is denied. CASE NO: 08-11772.h1


Personal Conduct; Sexual Behavior; Criminal Conduct; Information

12/08/2010

Applicant was fired by one employer for submitting false travel claims to his employer. He was fired by his next employer for using a company-owned computer to store sexually explicit materials. In his most recent e-QIP, he deliberately falsified the reason he was fired from the second job because he was embarrassed by his own conduct. Clearance is denied. CASE NO: 07-18063.h1


Financial Considerations; Personal Conduct

12/07/2010

Applicant is a 42-year-old employee of a defense contractor. He is alleged to be indebted to 7 creditors in the approximate amount of $26,136. In addition, it is alleged that he falsified his June 24, 2009 Electronic Questionnaire for Investigations Processing (EQIP). Applicant has not mitigated the Financial Considerations security concerns because he has failed to show he acted responsibly with respect to his outstanding debts. He did not mitigate the Personal Conduct security concerns created by his intentional omission of his outstanding debts from his EQIP. Eligibility for access to classified information is denied. CASE NO: 08-01392.h1


Financial

12/06/2010

Applicant is 34 years old. She has approximately $26,000 in delinquent debt that has not been paid or resolved. She does not have a firm financial plan for resolving her remaining delinquent debts. She did not take action on some of her other debts until after her security clearance became an issue. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-00967.h1


Financial

12/06/2010

Applicant is 34 years old and is employed by a defense contractor. Applicant had 16 delinquent debts totaling $153,685 listed in the Statement of Reasons. He attempts to resolve all of these debts by a current Chapter 13 bankruptcy. Applicant filed a Chapter 13 bankruptcy in 2002 to resolve other debts. Applicant then continued to spend money he could not repay. Applicant has not mitigated the financial considerations security concerns. Clearance is denied. CASE NO: 10-00893.h1


Financial

12/06/2010

Applicant has not paid or resolved two tax liens from 2003 and 2004, or one small delinquent debt from 2008, all of which total about $27,500. He asserted that he does not owe the taxes but has not taken steps to formally dispute or resolve them, or pay the other debt. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Foreign Influence

12/06/2010

Applicant had several relatives living in Lebanon and owned property interests in Lebanon that she inherited from her father. She visited her relatives on several occasions. She established significant ties to the United States since coming here in 2001. Applicant mitigated the Foreign Influence security concerns. Applicant's eligibility for a security clearance is granted. CASE NO: 10-00346.h1


Foreign Preference

12/06/2010

Applicant mitigated foreign preference security concerns raised pertaining to her dual citizenship with Canada and the United States. Clearance is granted. CASE NO: 09-02656.h1


Financial

12/06/2010

Applicant's financial problems are the result of circumstances beyond his control. He understands the importance of maintaining financial responsibility and what it is expected of him to be eligible for a security clearance. He did not engage in questionable behavior in the acquisition of his debts. Given his circumstances, he has made reasonable efforts to resolve his financial problems, and given the opportunity, he will establish full financial responsibility. On balance, Applicant's current financial problems do not cast doubts on his reliability, trustworthiness, or judgment. Eligibility for access to classified information is granted. CASE NO: 09-00148.h1


Financial

12/03/2010

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:10-01727.h1


Guideline F

12/03/2010

Promises to pay off delinquent debts are not a substitute for a track record of paying debts in a timely manner and acting in a financially responsible manner. Adverse decision affirmed.


Guideline F; Guideline E

12/03/2010

The Judge’s challenged finding regarding Applicant’s dismissed bankruptcy is consistent with the record evidence and sustainable. Adverse decision affirmed.


Guideline F; Guideline J

12/03/2010

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.


Financial, Personal Conduct

12/02/2010

Applicant is 52 years old. He has six delinquent federal tax liens totaling approximately $175,000, and two other delinquent debts that are unresolved and unpaid. He intentionally failed to disclose his federal tax liens on his security clearance application. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-06388.h1


Guideline K

12/02/2010

Record does not support Judge’s conclusion that Applicant did not owe three of four alleged debts. Judge erred in mitigating security concerns when Applicant’s mortgage payments exceeded his income. Favorable decision reversed. CASE NO: 08-11940.a2


Guideline C; Guideline B

12/02/2010

Applicant’s having applied for an Iranian passport and having used it for travel to Iran was significant derogatory information not available during previous investigation. Applicant is not entitled to reciprocity. His possession and use of the passport after obtaining U.S. citizenship, his Iranian relatives, and the possibility that he could inherit property in Iran support Judge’s decision. Adverse decision affirmed. CASE NO: 08-06559.a1


Drugs

12/01/2010

In college, Applicant lived in a fraternity house where marijuana was used daily, and he used it about once every two months. After graduating from college, he used marijuana once or twice a year at parties with friends. He stopped using marijuana after he married in 2007, except for one occasion in April 2009, when he used it at a bachelor party with college friends in a foreign country where he believes marijuana use is legal. He has submitted a signed statement intent to refrain from future drug use, with provision for automatic revocation of his clearance for any violation. Clearance is granted. CASE NO: 09-08164.h1


Financial Considerations

12/1/2010

Applicant accumulated delinquent debts during recurrent periods of unemployment and documented few attempts to resolve them once he returned to gainful employment. Except for two debts that Applicant has since settled, he is unwilling to address the remaining ones, and relies on available statutes of limitation in his state for enforcement protections. Applicant's finances are not stabilized enough at this time to mitigate security concerns. Clearance is denied. CASE NO: 07-18245.h1


Alcohol; Criminal Conduct

11/30/2010

Applicant, who has been diagnosed as alcohol dependent, began drinking alcohol in high school. In 2002 and 2007, he was arrested and charged with driving under the influence of alcohol (DUI), and in 2003, he was arrested for public intoxication. Applicant is currently serving probation for the 2007 DUI. He continues to use alcohol. Applicant failed to mitigate security concerns arising from his alcohol consumption and criminal conduct. Clearance is denied. CASE NO: 10-01612.h1


Financial

11/30/2010

Applicant's irresponsible handling of the mortgages on his four investment properties renders him an unsuitable candidate for access to classified information. Clearance denied.


Financial; Personal Conduct

11/30/2010

Applicant accumulated a $49,500 debt in 2009 that he was unable to pay until recently, as a result of six months of unemployment and six months of under- employment. The debt is owed to a creditor for building materials he purchased to construct his house the previous year, when he was earning a high salary. For the past seven months, he has been making monthly payments on a plan he negotiated with the creditor. When he completed a security clearance application, he negligently failed to disclose this delinquent account. He mitigated the security concerns raised under Guideline F and Guideline E. Clearance is granted.


Alcohol Consumption

11/30/2010

Applicant's continued drinking after several diagnoses of alcohol dependence, his failure to complete an alcohol rehabilition program, and his failure to participate in any recovery program render him an unsuitable candidate for access to classified information. Clearance denied.


Financial

11/30/2010

Applicant owes 12 delinquent debts, totaling near $44,000, all of which are unresolved. She established circumstances beyond her control that contributed to her financial problems. Notwithstanding, she presented no documentary evidence to show financial responsibility in the acquisition of the debts, good-faith efforts in the resolution of the debts, or a current track record of financial responsibility. There are no clear indications that her financial problems are being resolved or are under control. Clearance denied. CASE NO: 09-08365.h1


Financial

11/30/2010

Applicant’s history of financial problems, to include a 1998 bankruptcy and subsequent delinquent accounts, raised financial considerations concerns. Applicant’s post-bankruptcy debts were the result of several periods of unemployment, under-employment, and incurring medical bills while having no health insurance. Applicant’s good-faith efforts to resolve his delinquent debts mitigated the security concerns. Clearance is granted. CASE NO: 09-08020.h1


Financial

11/30/2010

Applicant filed a Chapter 7 bankruptcy petition in September 2010, in which he listed $626,603 in secured debt and $111,054 in unsecured claims. Applicant incurred the debt as a result of a business downturn. The bankruptcy is pending discharge and has not yet been granted by the bankruptcy court. Applicant failed to mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:09-06436.h1


Drugs; Personal Conduct

11/30/2010

Applicant is a 42-year-old employee of a federal contractor. In 2007, while working as an employee of a DoD agency while holding a security clearance, Applicant was subject to random drug testing (by urinalysis) and tested positive for cocaine. As a result, he was terminated from federal employment several months later in 2008. In contesting the termination, he contended that he did not knowingly use cocaine and that the positive test result was due to an unknowing and innocent ingestion of cocaine. He has maintained that position in this proceeding. Although the evidence is not inconsistent with unknowing ingestion of cocaine, a mere possibility does not amount to a probability. Applicant did not meet his burden to present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns raised by his positive drug test for cocaine while employed by a DoD agency. Clearance is denied. CASE NO: 09-06401.h1


Financial; Personal Conduct

11/30/2010

Applicant failed to disclose her financial problems on her April 27, 2009 security clearance application; however, she did not intend to deceive the Government. Personal conduct concerns are mitigated. Her statement of reasons (SOR) lists nine delinquent debts totaling $28,093. She failed to make sufficient progress resolving her SOR debts, and financial considerations concerns are not mitigated at this time. Eligibility for access to classified information is denied. CASE NO: 09-05989.h1


Personal Conduct

11/30/2010

Applicant failed to mitigate security concerns under the personal conduct adjudicative guideline. Clearance is denied. CASE NO: 09-05663.h1


Criminal Conduct; Personal Conduct

11/30/2010

Applicant was arrested at least three times between 2005 and 2008. He is currently on probation for a felony conviction after his 2008 arrest. He also engaged in criminal conduct when he deliberately falsified his 2009 security clearance application and tried to withhold relevant and material information during a 2009 subject interview with a Government investigator. Clearance is denied. CASE NO: 09-03742.h1


Financial

11/30/2010

The Applicant has not made a good-faith effort to pay his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 09-02646.h1


Financial

11/30/2010

Applicant has had a history of overdue debts, due primarily to a downturn in his business, and also divorce and the loss of tenant in his rental home. Applicant has attempted, but was unsuccessful, in using the services of two credit counseling services, to resolve his overdue debts. He is ultimately using the legal remedy of bankruptcy to resolve his financial difficulties. Mitigation has been shown. Clearance is granted.


Financial

11/30/2010

Applicant owes approximately $169,130 in delinquent debts. He failed to provide evidence of payment or satisfaction of any of the 21 delinquent debts alleged on the SOR, and he lacks a coherent plan to resolve his debts. Applicant failed to mitigate security concerns arising under Guideline F, Financial Considerations. Eligibility for access to sensitive Information is denied. CASE NO: 09-02543.h1


Financial

11/30/2010

Applicant failed to mitigate security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 09-01378.h1


Financial

11/30/2010

The Statement of Reasons (SOR) lists four delinquent debts totaling $49,827. Applicant claimed that he started paying $1,100 a month in February 2008 into a debt consolidation plan to satisfy the delinquent accounts identified in  1.a, 1.b, and 1.d, of the SOR. However, because he lost his job, he was no longer enrolled in the plan. Without any evidence of payments under the debt plan, e.g., cancelled checks, checking account statements, or evidence of a debt plan, Applicant has not met his burden of showing that he qualifies for a security clearance. Eligibility for access to classified information is denied.


Foreign Influence

11/30/2010

Applicant's parents and his maternal grandparents are citizens of Taiwan. His father was employed for ten years in the United States by the government of Taiwan. Applicant has close familial contacts and ties with this parents and grandparents. Applicant failed to mitigate security concerns under Adjudicative Guideline B. Clearance is denied. CASE NO: 09-00631. h1 DATE: 11/30/2010


Drug Involvement

11/30/2010

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. CASE NO: 08-09152.h1


Financial

11/26/2010

Applicant is 36 years old. She and her husband accumulated credit card debts from their businesses and personal use. She withdrew a substantial amount of money from her pension plan to buy a business and did not anticipate the tax debt. Her husband developed a medical condition and is unable to work, which impacted their finances. Applicant has approximately $185,000 of delinquent debts that are unpaid and unresolved. She failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-01255.h1


Financial

11/26/2010

Fifty-seven-year-old Applicant's financial situation started to deteriorate in 2005 when his wife relinquished her full-time position in favor of a part-time position to become the primary health care provider for her mother and his father. Unanticipated medical expenses, and eventually funeral expenses, as well as her loss of income, stretched his income to the point where the family was living beyond their means because his income was insufficient to cover all of his family's living expenses. Accounts became delinquent and were placed for collection or charged off. Although he attempted to work out settlement arrangements and pay off some accounts, his efforts were largely unsuccessful and he was forced to turn to bankruptcy under Chapter 7 of the U.S. Bankruptcy Code. He no longer has any delinquent accounts, has established a budget, and now has a monthly net remainder available for discretionary spending. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 10-00969.h1


Financial; Personal Conduct

11/26/2010

Security concerns were raised because Applicant incurred 14 delinquent debts from 2000 to 2007. Concerns are mitigated based on Applicant’s efforts to resolve her delinquent accounts. Applicant had no deliberate intent to falsify her security clearance questionnaire when she did not list her delinquent accounts, judgments, and repossessions on her security clearance questionnaire. She also mitigated personal concerns raised based on a 2005 arrest. Clearance is granted. CASE NO: 09-07551.h1


Foreign Influence; Financial

11/26/2010

Applicant is a United States citizen married to a woman who is a naturalized U.S. citizen from Russia. He is in repayment status for a Chapter 13 bankruptcy that was filed in 2010. He has mitigated the security concerns under the above-referenced guidelines due to circumstances beyond his control. He has met his burden of proof in this case. Clearance is granted. CASE NO: 09-06831.h1


Alcohol

11/26/2010

Based on Applicant's previous academic performance, his outstanding job performance during the last three years, his life-style changes, his contrite testimony, and the passage of time, I find that his past questionable behavior is unlikely to recur and it does not currently cast doubt on his reliability, trustworthiness, or judgment. He mitigated the security concerns arising from his alcohol consumption. Eligibility for access to classified information is granted. CASE NO: 09-05333.h1


Financial

11/26/2010

Applicant accrued $1,235,631 in delinquent debt for 14 accounts as a result of his failed marriage. Three of his debts were mortgages totaling $1,215,800. Foreclosures of those mortgages, which were caused by his wife's failure to apply rental revenues to their monthly payments, ended Applicant's obligations for those accounts. He has paid or otherwise resolved all but two of the remaining 11 debts, some of which were assigned to his ex-wife by their divorce decree. Applicant's current finances are sound and he acted responsibly to resolve his past delinquencies. Clearance is granted. CASE NO: 09-04536.h1


Financial

11/26/2010

Applicant was overpaid benefits by a government agency. He returned a large portion of the benefit proceeds to the agency and disputed receiving the remaining amount. He failed to timely file his 2005-2007 federal and state income tax returns. Once his accountant sorted out the impact of the benefit overpayment, Applicant filed and paid the delinquent federal and state taxes. Applicant provided sufficient evidence to mitigate the overall security concerns related to his finances. Eligibility for access to classified information is granted.


Alcohol; Drugs; Criminal Conduct; Personal Conduct

11/26/2010

Applicant used marijuana in July or August 2008, after he had been advised of his employer's drug policy prohibiting illegal drug involvement, and he is unwilling to commit to abstain from future marijuana use. He was arrested several times between 1985 and August 2006, most recently for drunk driving, and he was not completely forthcoming about his criminal record when he applied for his security clearance in July 2008. Clearance denied. CASE NO: 08-10955.h1


Financial

11/24/2010

Applicant has one allegedly delinquent debt, a Social Security Administration (SSA) overpayment of $75,919. She disputes her responsibility to repay this debt, and an SSA hearing is scheduled for December 1, 2010. Additionally, her SSA debt may have been discharged under Chapter 7 of the Bankruptcy Code in 2005. Financial considerations are mitigated. Eligibility for access to classified information is granted. CASE NO: 10-01754.h1


Financial

11/24/2010

Applicant and his wife incurred almost $90,000 in delinquent debt since 2001. Some were large credit card accounts, and some were small utility bills. They separated in May 2009, and she created additional debt for unpaid rent and damages to their apartment. He recently filed for divorce, and is in a relationship with another woman, who is beginning to help him address his delinquent debt. To date, he established an insufficient track record of financial responsibility to overcome resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-08405.h1


Financial Considerations

11/24/2010

Applicant owed approximately $43,000 on two vehicle repossession and 18 accounts charged off or placed for collection. He has paid the majority of the debts. Applicant has mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-07935.h1


Guideline F

11/24/2010

Each case must be decided on its own merits. Adverse decision affirmed.


Financial

11/24/2010

Applicant incurred all of the SOR-listed delinquent debts, totaling about $20,000, since 2004. In 2000, he tried to fraudulently avoid paying a substantial gambling debt. He resolved several of the smaller delinquencies when confronted with denial of his security clearance, but did not establish his willingness or ability to avoid similar issues in the future, and failed to mitigate the resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-06306.h1


Financial

11/24/2010

Applicant borrowed money to pay about $40,000 in legal fees to defend himself against a criminal charge of which he was acquitted and $1200 in legal fees for a divorce. He was unable to timely repay the loans. He began making monthly payments on three of the four delinquent debts about 11 months before the hearing, and he paid the fourth delinquent debt in full about two months before the hearing. Clearance is granted. CASE NO: 09-05536.h1


Financial

11/24/2010

Applicant works for a defense contractor. He has five delinquent debts totaling $45,484 dating from 2005. Applicant did not provide any evidence that he resolved or paid those debts, except for the state sales tax lien that he is paying on an installment agreement. Applicant did not mitigate the financial security concern. Clearance is denied. CASE NO: 09-03392.h1


Financial

11/24/2010

Applicant is a 54-year-old quality control inspector. She has a history of financial problems, which are ongoing. That history includes a Chapter 7 bankruptcy case in 2001, and more recently delinquent accounts, repossession of a vehicle, and foreclosure upon a rental property. Applicant failed to present sufficient evidence to overcome the security concerns raised by her history of financial problems. Clearance is denied. CASE NO: 09-01712.h1


Guideline K

11/24/2010

Applicant’s claim that he was denied due process is not supported by the record evidence.. Adverse decision affirmed.


Financial

11/23/2010

The Statement of Reasons alleges approximately $15,000 in delinquent debt. The record contains no evidence of payments or a payment plan, and no indication Applicant has sought financial counseling. His indebtedness results, in part, from his spending on illegal drugs over a four-year period. Without evidence of a good-faith effort to resolve his delinquent debts, Applicant has failed to allay security concerns under Guideline F. Clearance is denied. CASE NO: 09-08557.h1


Financial

11/23/2010

Applicant is 25 years old and employed as an Administrative Assistant by a defense contractor. Applicant's history of indebtedness, brought on by underemployment and expenses of being a single parent, have been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted. CASE NO: 09-07823.h1


Financial; Personal Conduct

11/23/2010

Applicant's failure to resolve his federal income tax liability, his failure to resolve his outstanding warrant, and his falsification of his clearance application demonstrate poor judgment, untrustworthiness, and unreliability inconsistent with access to classified information. Clearance denied.


Financial

11/23/2010

Applicant accumulated $19,700 of delinquent debt from 2004 to 2007, as a consequence of his wife's medical problems, custody lawsuits, and marital problems. He paid or resolved 15 of the 22 debts and two non-listed SOR debts. He intends to pay the remaining $15,000 of delinquent debt, as money becomes available in his budget. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

11/23/2010

Applicant accumulated $39,000 of debt from 2007 to early 2009, as a consequence of his wife's illegal drug use and gambling habits. Upon learning of the problem, he paid or resolved all but about $5,000 of the debt. He mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

11/22/2010

Applicant accumulated $10,500 of debt from 2004 to 2009, as a consequence of deployments and a year of unemployment. She paid or resolved five of the six debts and recently entered into a repayment plan to pay the remaining debt. She mitigated the security concerns raised under Guideline F. Clearance is granted.


Financial

11/22/2010

Applicant disclosed the two Statement of Reasons (SOR) debts in his application. He then disputed and later attempted to settle the debts. He is still in the process of resolving the two SOR debts. However, his financial record shows he resolved six other debts not alleged in the SOR. It appears that he currently does not have financial problems and, if he did, his financial situation is under control. He mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 09-07856.h1


Drugs; Personal Conduct

11/22/2010

Applicant used illegal substances recurrently over a seven period and occasionally purchased marijuana for his personal use and for sharing with friends and acquaintances. His frequency of use averaged about three times a month for most of the time he used drugs. Because of the recency of his last drug marijuana use (February 2009), more time is needed to avert risks of recurrence. So, while Applicant mitigates his experimental use of Promethazine, he does not mitigate drug concerns over his marijuana use. Applicant mitigates personal conduct concerns over his omission of his drug use in the e-QIP he completed in 2007, but not personal conduct concerns associated with his using drugs while holding a security clearance and his ensuing removal from another agency's special program over drug issues. Clearance is denied. CASE NO: 09-07235.h1


Drug Involvement

11/22/2010

Applicant started using marijuana in high school. He took a break from college and worked in restaurants until his late 20s, when he decided to turn his life around. He married, graduated, and, in February 2009, stopped using drugs. Since that time, he has changed his circle of friends and found a professional position he loves. He is committed to remaining drug-free. He will not jeopardize his marriage, lifestyle, or career by returning to illegal drugs. Applicant mitigated drug involvement security concerns. Clearance granted. CASE NO: 09-07112.h1


Foreign Influence

11/22/2010

Applicant's older brother is a citizen and resident of Afghanistan, and his younger brother is a citizen of Afghanistan residing in Pakistan. His wife is a naturalized U.S. citizen who was born and raised in Afghanistan. She has frequent contact with family members in Pakistan. His sister-in-law and two brothers-in-law are citizens of Afghanistan residing in Pakistan. His mother-in-law is a citizen of Afghanistan who resides with him and his wife in the United States. Clearance is denied. CASE NO: 09-06726.h1


Financial

11/22/2010

Applicant is 40 years old. He co-signed on two mortgage loans for his father. When his father lost his job he could no longer afford to pay his loan debts. Applicant was unable to pay his father's mortgages, and then defaulted on his own mortgage. The debts are unresolved. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-06289.h1


Financial Considerations

11/22/2010

Applicant was more than 120 days past due on a home equity loan and mortgage on investment property. He also owed $9,000 in delinquent property taxes. The property taxes are now current and the property has gone to a short sale. Applicant has mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-05577.h1


Financial

11/22/2010

Applicant filed Chapter 13 bankruptcy petitions in September 2001, June 2002, July 2003, and January 2004. All four petitions were dismissed. His current credit reports reflect 15 delinquent debts totaling about $31,000. A federal tax lien was collected by seizure of his tax refunds. A deficiency from a car repossession is being collected by garnishment. He claimed two medical debts were paid, and he disputed two other debts, but he provided no documentary evidence to support his claims. Clearance is denied. CASE NO: 09-05485.h1


Financial

11/22/2010

Applicant and her two children were living paycheck to paycheck before she encountered unexpected medical bills. She has 28 delinquent debts, of which 22 are medical bills. Eleven medical bills are for less than $100. She has not sought counseling or other professional assistance, has not contacted her creditors, and has not taken any steps to pay, compromise, or settle any of her debts. Eligibility for a public trust position is denied. CASE NO: 09-05294.h1


Financial

11/22/2010

Applicant assumed responsibility for the large majority of the family debt in connection with his separation and divorce. Shortly thereafter, his business failed due to circumstances beyond his control. He found new employment and negotiated settlements for three of the six delinquent debts alleged against him. One of the remaining creditors sued him, so he ultimately had to file for Chapter 13 bankruptcy relief. He has done so, and has both the means and every intention to remain solvent in the future. He is a responsible and trustworthy individual, and met his burden to mitigate security concerns arising from his financial situation. Eligibility for access to classified information is granted. CASE NO: 09-05047.h1


Personal Conduct

11/22/2010

Applicant is a 59-year-old engineer. The evidence shows that Applicant in reaction to learning of his wife's infidelity demonstrated questionable judgment by engaging in a pattern of odd if not bizarre conduct during 2002 2004 that, while falling short of the criminal offense of attempt, consisted of preparatory steps (for example, buying a firearm and digging graves) to carry out the murder of his wife's paramour. Applicant remains married to his wife and has had individual and marriage counseling for the last several years to present. He has made great strides in counseling and his marriage is vastly improved. Nevertheless, insufficient time has passed to fully mitigate the security concerns raised by his questionable judgment. Clearance is denied. CASE NO: 09-04014.h1


Financial

11/22/2010

Applicant filed a Chapter 13 bankruptcy petition in October 2007, but it was dismissed for failure to make the required payments. She filed a second Chapter 13 bankruptcy petition in July 2008, but it was dismissed for failure to file the required documents. She has 15 delinquent debts totaling more than $100,000. None are resolved or under control. Clearance is denied. CASE NO: 09-03003.h1


Criminal; Personal Conduct; Financial

11/22/2010

Applicant is 45 years old and employed as a Electronic Test Technician by a defense contractor. His history of criminal conduct and poor personal conduct has been mitigated. He remains excessively indebted, and has recently hired an attorney to file Bankruptcy on his behalf. At the present time, there is insufficient evidence of financial rehabilitation. Clearance is denied CASE NO: 09-02024


Drug Involvement; Criminal Conduct; Personal Conduct; Financial

11/22/2010

Applicant has not mitigated the security concerns under the above-referenced four guidelines. He has a history of criminal behavior, to include arrests for illegal drugs and theft. He has unresolved financial debts. His last arrest was in 2006. Applicant misled an OPM interviewer in 2007, concerning his 2006 arrest. He has not met his burden of proof in this case. Clearance is denied. CASE NO: 08-04184.h1


Financial

11/22/2010

Applicant is 39 years old. He had approximately $52,000 in delinquent debts discharged in Chapter 7 bankruptcy in 1996. He used $10,000 for a down payment on a house knowing he had about $40,000 in delinquent debt. He then filed Chapter 7 bankruptcy and had the $40,000 debt discharged. He owes the Internal Revenue Service more than $10,000 in unpaid taxes. He defaulted on a $118,000 loan. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 08-03672.h1


Financial

11/19/2010

Applicant is 28 years old. He owes one debt that is delinquent. He is involved in an ongoing lawsuit regarding the debt. He intends to repay the debt when the lawsuit is resolved. He pays all of his other bills on time, has money remaining each month after paying his bills, and has money in his savings and checking accounts. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 10-04032.h1


Foreign Influence; Personal Conduct.

11/19/2010

Applicant is 43 years old. He was suspended from his employment with a federal contractor pending an investigation of allegations of accessing inappropriate sites on the internet and charging the U.S. Government for time worked while accessing non-work related internet sites in violation of company policy. He was later terminated from employment. Applicant has relatives who are citizens and residents in India. Applicant mitigated the security concerns under Guideline B, but failed to mitigate the security concerns under Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-07741.h1


Sexual Behavior; Personal Conduct

11/19/2010

Beginning in 2002, Applicant became sexually interested in and obsessed with his 12-year-old stepdaughter. In 2004, he surreptitiously videotaped her while she was taking a shower and masturbated while watching the video. He later fabricated statements to a security representative that he had thoughts of placing bombs in buildings as an attempt to divert attention from the issue of his stepdaughter. These events resulted in his being denied access by Another Government Agency. In a subsequent investigation by DoD for a security clearance, he refused to cooperate with his background investigation by failing to provide details of his conduct surrounding his stepdaughter. Clearance is denied.


Guideline F; Guideline E

11/19/2010

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 that the weighed the evidence in arbitrary or capricious manner. Adverse decision affirmed.


Foreign Influence

11/19/2010

Applicant is a dual U.S. and Jordanian citizen whose parents, brother, sister and in-laws are resident citizens of Jordan. His wife and 14-year-old son are also dual citizens, and his other brother is a Jordanian citizen living in the Netherlands. He has worked in the aviation field for many years, during which he flew with chartered U.S. military transport planes and with a candidate during the 2008 presidential primary campaign. Applicant provided insufficient evidence to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-04531.h1


Guideline D; Guideline E

11/19/2010

The Judge’s negative credibility assessment conflicts with his conclusion that there is no reason to doubt Applicant’s reliability and trustworthiness. The Judge reached conflicting conclusion under different guidelines. The Judge erred by relying on Applicant’s current minimal access to classified information to assess the significance of Applicant’s previous conduct. Favorable decision remanded.


Financial

11/19/2010

Applicant is 32 years old and is employed by a defense contractor. He has nine delinquent debts totaling $24,263. He resolved two debts and his balance owed on the seven remaining debts is $5.760. Applicant has a plan to pay these remaining debts and is implementing it. Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 08-11951.h1


Guideline G

11/19/2010

Applicant challenges the Judge’s suggestion to have Department Counsel question Applicant. There is nothing in the record to suggest that Department Counsel’s examination of Applicant was conducted improperly. Adverse decision affirmed.


Guideline F

11/19/2010

A party’s disagreement with the Judge’s weighing of th evidence is not sufficient to demonstrate the Judge weighed th evidence in a manner that was arbitrary, capricious, or contrary to law.


Criminal Conduct; Drug Involvement; Personal Conduct

11/19/2010

Applicant failed to disclose his past drug use on his 2006 security clearance application, arguing that his infrequent drug use did not make him a drug user. The application makes no distinction between categories of drug consumers, it only inquires whether one has illegally used drugs, including marijuana, within a certain time period. Personal conduct security concerns remain unmitigated. However, Applicant mitigated security concerns related to his past criminal conduct and drug involvement. Clearance denied. CASE NO: 07-05455.h1


Misuse of Technology; Criminal Conduct; Personal Conduct

11/19/2010

Applicant has mitigated the criminal conduct , personal conduct and misuse of technology security concerns through the passage of time and rehabilitation. He installed a wireless router in December 2003 when he was a government contractor at the request of a government employee. He has taken responsibility for his actions. He was not prosecuted under 18 U.S. C . Section 1030. Clearance is granted. CASE NO: 0623351.h1


Personal Conduct

11/18/2010

Applicant has not mitigated the security concerns under the personal conduct guideline. He intentionally falsified his 2001 security clearance by not listing his illegal drug use in his application. He held a security clearance during that time. He continued to use marijuana until 2004.He did not disclose his illegal use of marijuana until his 2009 security clearance application. Clearance denied. CASE NO: 10-00526.h1


Financial Considerations

11/18/2010

Sixty-three-year-old Applicant's financial situation started to deteriorate in 2004. He was unemployed from January 2003 until September 2005. He failed to keep up with his monthly payments and some accounts were placed for collection and others were charged off. He eventually resolved nearly all of his delinquent accounts, except for the five listed in the SOR. Of those five, one was paid off, three were the result of identity theft and were removed from his credit reports, and one creditor had gone out of business. Through his "good-faith" efforts, he has resolved his financial problems, established a budget, presented a personal financial statement, and now has zero delinquent debts, while enjoying a monthly net remainder of $5,168.50 available for discretionary or emergency spending. Applicant has mitigated the questions and doubts as to his security eligibility and suitability. Clearance is granted. CASE NO: 09-04646.h1


Financial

11/18/2010

Applicant has had a history of overdue debts, due to several periods of unemployment and underemployment, after his distinguished 20 years service in the United States Navy ended. Since he began his current employment his finances have stabilized, and he has resolved a significant amount of his overdue debts with plans to resolve the remainder. Mitigation has been shown. Clearance is granted.


Financial Considerations

11/18/2010

Thirty-six-year-old Applicant's financial situation started to deteriorate after his discharge from active duty in 1994. Commencing in 2000, the family was living beyond their means because his income was insufficient to cover all of his family's living expenses. He stopped paying his creditors, resulting in further deterioration of those accounts. He ignored most of the delinquent debts until after the hearing, when he purportedly entered into a debt management plan to start paying his delinquent accounts. He offered little documentary evidence of current, good-faith efforts to pay his creditors other than promises and the proposed repayment plan. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 09-02731.h1


Criminal Conduct; Personal Conduct

11/18/2010

Applicant is 45 years old. He was arrested in 1997 for assault. The charge was dismissed. He was involved in an altercation in 2006 and was later arrested on a warrant. He was found guilty of battery on a spouse stemming from the 2006 incident. Applicant was aware of the criminal court's order for him to complete 52 weeks of a domestic violence program. He did not complete it until a contempt of court warrant was issued. He was arrested again in 2007 for possession of a dangerous weapon. Applicant failed to mitigate the security concerns under Guideline J, Criminal Conduct, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-02012.h1


Financial Considerations

11/15/2010

Applicant accrued a number of delinquent debts after his wife incurred complications associated with her pregnancy and could no longer work. Both he and his wife are currently employed and are current with all of their debts listed on their latest credit reports. Applicant documents payment of some of the listed debts, disputes directed at others, and removal of all of the delinquent debts previously reported in his credit reports. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 10-00117h.1


Drug Involvement; Personal Conduct

11/15/2010

Applicant stopped using marijuana in high school. After receiving a security clearance, he started using it again at his 25th high school reunion, where he acquired some marijuana seeds. He grew and harvested marijuana in the summer of 2005, until his cache was discovered by police in October 2005. He pled guilty to possession of a controlled substance and was sentenced to six months probation. At least two years passed before he disclosed these facts to security personnel because he was unsure whether the incidents needed reporting. Applicant mitigated drug involvement security concerns, but personal conduct security concerns remain unmitigated. Clearance denied. CASE NO: 09-07472.h1


Financial

11/15/2010

The Statement of Reasons alleges approximately $24,000 in delinquent debt, which started accruing in 2003. The record contains no evidence of payments or a payment plan, and no indication Applicant has sought financial counseling. Without evidence of a good-faith effort to resolve his delinquent debts, Applicant has failed to allay security concerns under Guideline F. Clearance is denied. CASE NO: 09-07107.h1


Financial; Personal Conduct

11/15/2010

Applicant is a 51-year-old employee of a defense contractor. He mitigated the security concerns raised by his history of delinquent debts, but he intentionally provided false information about his finances on a Questionnaire for National Security Positions. Clearance is denied. CASE NO: 09-06986.h1


Financial

11/15/2010

Applicant is a 35-year-old employee of a defense contractor. He paid or settled six debts; he brought his child support obligations current; he successfully disputed one account; and he has a plan to address his remaining financial issues. He has mitigated any concerns about his finances. Clearance is granted. CASE NO: 09-06031.h1


Financial

11/15/2010

Applicant incurred numerous delinquent debts during the ten years preceding his current employment, largely during downturns in the private-sector construction business. Many of his debts arose from medical treatment of his intermittent back problems. Both he and his recently-married wife now have good incomes from secure jobs, and they have resolved all but two of his former delinquencies. He has both the means and every intention to resolve these remaining debts, and remain solvent in the future. He is a responsible and trustworthy individual, and met his burden to mitigate security concerns arising from his financial situation. Eligibility for access to classified information is granted. CASE NO: 09-03732.h1


Criminal Conduct; Personal Conduct; Financial

11/15/2010

Applicant has mitigated the security significance of her thefts from a former employer three years ago. She did not falsify a questionnaire, and has a plan to pay back her employer. Clearance is granted.


Drug Involvement; Personal Conduct

11/15/2010

Applicant used marijuana between 10 to 15 times between 1999 and 2002. He used it again in 2007 on a trip to Amsterdam. His 2007 use occurred after he received a security clearance. When he completed his first security clearance application in 2002 and subsequent security clearance interview in 2003, he did not disclose his marijuana use from 1999 to 2002. He further omitted his marijuana use during college on his 2008 e-QIP. Clearance is denied. CASE NO: 08-09051.h1


Guideline F; Guideline J; Guideline E

11/12/2010

There is a rebuttable presumption that the Judge considered all the record evidence. Applicant has not overcome that presumption. Adverse decision affirmed.


Guideline J; Guideline F

11/12/2010

Applicant submitted new evidence which the Board cannot consider. Adverse decision affirmed


Guideline f

11/12/2010

Applicant was twice advised of his right to submit additional evidence in response to the FORM. An applicant is expected to take reasonable steps to protect his or her interests inDOHA proceedings. Adverse decision affirmed.


Guideline G; Guideline J

11/12/2010

Applicant argues that the fact that he and the Judge were both “prior Navy” had a negative impact on his case. There is a rebuttable presumption that a Judge is impartial and unbiased. Applicant has not overcome that presumption. Adverse decision affirmed.


Guideline J; Guideline E

11/12/2010

The fact that charges were dropped, dismissed or resulted in acquittal does not preclude an Administrative Judge from fining an applicant engaged in the underlying criminal conduct. Adverse decision affirmed.


Financial

11/10/2010

Applicant is 65 years old and employed as a Data Technician by a defense contractor. His history of excessive indebtedness caused by a business venture that went bad, the recession, a divorce, and transitioning between jobs, has been mitigated by a good faith effort to resolve his debts. Applicant has filed for Chapter 7 bankruptcy and discharged his delinquent debts. Sufficient mitigation has been shown. Clearance is granted. CASE NO: 10-01974.h1


Financial Considerations

11/10/2010

Applicant is a 42-year-old employee of a defense contractor. He is alleged to be indebted to 3 creditors in the approximate amount of $71,616. In addition, he has a 1996 Chapter 7 bankruptcy and a 2010 foreclosure. Applicant has mitigated the Financial Considerations security concerns because the debts were caused by unforeseen circumstances beyond his control and he has acted responsibly by attempting to resolve his outstanding debts. Eligibility for access to classified information is granted. CASE NO: 10-00977.h1


Financial

11/10/2010

Applicant is 41 years old and employed as a Field Engineer Technician II by a defense contractor. His history of excessive indebtedness, caused by a large family to support, and a housing market crash that prevented him from refinancing has not been mitigated. The Applicant plans on filing bankruptcy to resolve his debts, but this process has not been started or completed. There is insufficient evidence of financial rehabilitation at this time. Clearance is denied. CASE NO: 09-08528.h1


Financial

11/10/2010

The Applicant has not made a good-faith effort to pay or resolve his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 09-02049.h1


Financial Considerations

11/09/2010

Fifty-year-old Applicant's financial situation started to deteriorate in 2003. She attributed her continuing financial difficulties to being under-employed, to being a single parent, and to attending college, as well as to using credit cards as a substitute for what was missing in her life. Applicant never explained how her accounts became delinquent, or why she was unable to pay them. She ignored most of her delinquent debts until March 2010. She offered little evidence of current, good-faith efforts to pay her creditors other than promises and a proposed repayment plan. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied.


Financial

11/09/2010

Applicant's SOR listed nine unpaid debts, totaling, $22,335. He did not provide proof of any payments or other efforts to resolve any of his SOR debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-00130.h1


Financial

11/09/2010

Applicant's wife left him in the early 1990s, taking their possessions and at least one of Applicant's credit cards. In October 2009, Applicant learned of two collection accounts on balances accrued in the 1990s, which he credibly maintains that she incurred. He has researched the collection accounts, opened in 2006 and 2007, but they have been deleted from his 2010 credit reports, and no contact information can be found regarding the entries noted by the Government in a 2009 credit report. Otherwise, Applicant lives well within his means and has no other indications of adverse financial issues. Financial considerations security concerns are mitigated. Clearance granted. CASE NO: 09-08550.h1


Criminal Conduct; Financial; Personal Conduct

11/09/2010

Applicant has not mitigated the criminal conduct and financial considerations security concerns. He has mitigated the security concerns under the personal conduct guideline. He is currently on probation for a September 2008 conviction. He has unresolved delinquent debt. He recently filed his federal and state income tax returns for the years 1997 until 2009 Clearance is denied. CASE NO: 09-06391.h1


Foreign Influence

11/09/2010

Thirty-seven-year-old Applicant is a Russian-born, naturalized U.S. citizen, who has lived in the United States since 1998. He has substantially more connections to the United States than to Russia. His parents and sister are citizens and residents of Russia. Applicant's "closest family," his U.S. native-born wife and their three children, reside in the United States. He owns a home and investments in the United States, and has no interests in Russia. Upon learning of the security significance of maintaining his Russian passport, Applicant surrendered it to his employer's security department and it was destroyed. Because of Russia's continuing efforts at economic espionage, there are enhanced security concerns, but those concerns have been addressed. Concerns as to his security eligibility and suitability have been satisfied. Clearance is granted. CASE NO: 09-05781.h1


Alcohol Consumption

11/09/2010

Applicant pled guilty to charges of driving while intoxicated in February 2000 and April 2007. While completing his probation, he triggered an ignition interlock device twice under conditions an expert witness confirmed could plausibly lead to a failed test. Applicant's commitments are uniquely dependent on his driving privilege. He is aware another violation could lead to the forfeiture of his license. He has built a support system to assure responsible driving in the future, now drinks responsibly, carries a Breathalyzer as a safeguard, and successfully completed a three year probation period. Alcohol consumption security concerns are mitigated. Clearance granted. CASE NO: 09-03331.h1


Criminal Conduct

11/09/2010

Applicant is 21 years old and has been convicted of three separate offenses: misdemeanor theft for shoplifting, brandishing a weapon, and intoxication. He remains on probation for his second offense. Further time is required to evaluate his behavior before he will be eligible for a security clearance. Clearance is denied.


Financial; Personal Conduct; Criminal Conduct

11/09/2010

Applicant has been arrested, charged, and convicted of numerous crimes, including incidents involving drugs and alcohol. His last arrest was in 2009. Applicant has acquired over $18,000 in delinquent debts that he has failed to address. He offered scant explanation or documentation regarding the allegations. Financial considerations, personal conduct, and criminal conduct security concerns remain unmitigated. Clearance is denied. CASE NO: 08-04940h1


Financial

11/08/2010

Applicant fell behind on 16 separate debts following a divorce and a significant period of unemployment and underemployment. He retained the services of a debt consolidation firm (DCF) that assisted him in developing a viable budget and a monthly repayment plan. He has paid, settled, or attempted in good-faith to resolve his debts. Applicant has mitigated security concerns raised. Clearance is granted. CASE NO: 09-08493.h1


Guideline F

11/08/2010

A Judge must develop a full and complete record. Conduct not alleged in the SOR may be relevant to evaluating a an applicant’s evidence in extenuation and mitigation and for assessing credibility. Adverse decision affirmed.


Guideline G

11/08/2010

The Judge made extensive findings about Applicant’s alcohol difficulties and his participation in various treatment programs. Applicant has not rebutted the presumption that the Judge consider all the record evidence. Adverse decision affirmed


Guideline F; Guideline E

11/08/2010

Applicant has acquired new delinquent debts since his bankruptcy. Applicant deliberately omitted information from his security clearance application. Adverse decision affirmed.


Alcohol Consumption

11/08/2010

Applicant abused alcohol from 1988 through 2009, adversely affecting his military career and resulting in two driving while intoxicated (DWI) convictions. He last drank alcohol in late-November 2009. Probation for his last DWI ended in June 2010. Although he now has a solid support network in place, insufficient time has passed to demonstrate a history and pattern of alcohol abstinence. Alcohol consumption security concerns remain unmitigated. Clearance denied. CASE NO: 09-02595.h1


Personal Conduct

11/08/2010

The evidence fails to establish some disqualifying conduct and Applicant mitigated the remaining security concerns under Guideline E, Personal Conduct. Applicant’s eligibility for a security clearance is granted. CASE NO: 08-11379.h1


Financial

11/08/2010

Applicant failed to explain why he has not paid Federal taxes for 2003-2005 or filed Federal tax returns for 2003-2008. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE NO: 08-02679.h1


Drugs; Criminal Conduct; Personal Conduct

11/05/2010

Applicant used marijuana from about 1974 until 1988, when he stopped in connection with treatment in Alcoholics Anonymous. He resumed regular recreational marijuana use in 2004, and expressed his intent to continue using it several times during the security clearance application process. He says he stopped using marijuana recently, but that caused him to relapse into alcohol use. He used marijuana with his daughter, and does not want his employers to know about his drug use. Eligibility for access to classified information is denied. CASE NO: 09-04989.h1


Criminal Conduct

11/05/2010

Applicant is 30 years old. He committed one minor criminal offense in 2000. He was given Probation Before Judgment and the charge was dismissed. In 2005, he was arrested for assault. He was given Probation Before Judgment. He completed the terms and the charge was dismissed. The circumstances surrounding the offense were unusual. Applicant provided sufficient evidence to conclude he is successfully rehabilitated and future criminal conduct is unlikely. Applicant mitigated the Criminal Conduct security concerns under Guideline J. Clearance is granted. CASE NO: 09-04946.h1


Security Violations; Personal Conduct

11/5/2010

The Applicant has mitigated the impact of his 2000 security violation. He exhibits knowledge of his security responsibilities and will fulfill them. Clearance is granted. CASE NO: 08-01830.h1


Foreign Preference

11/04/2010

Applicant was granted Canadian citizenship in 1990. She started working on behalf of the U.S. military and non-governmental organizations in 2005. She used her dual- citizenship status to acquire a Canadian passport for work travel through countries noted for complex immigration procedures and dangerous environments. Her Canadian passport expired in August 2010 and is kept by her security officer. Applicant provided sufficient evidence and information to mitigate foreign preference security concerns. Clearance granted. CASE NO: 10-01469.h1


Drugs

11/04/2010

Applicant illegally used marijuana in 1985, and again from 2005 to July 2009. She asserted that she has no intention to use it in the future. She did not provide independent evidence to corroborate her statements or mitigate the security concerns raised under the guideline for drug involvement. Clearance is denied.


Financial

11/04/2010

In 2005, Applicant purchased a home with a negative amortization mortgage loan, making only partial payments on the interest generated by the loan, with the unpaid accrued interest capitalizing monthly into the principal balance, and requiring much higher mortgage payments be made at different times during the mortgage term. Since Applicant was aware when he signed the mortgage that the payments would increase as they did in May 2008, the dramatic increase in monthly mortgage payments cannot be viewed as an event largely beyond his control. On the other hand, his wife's sudden layoff in May 2008 immediately impacted his ability to pay all his bills. Applicant has earned security clearance access through his assertive and successful action in establishing a home modification loan in February 2010. His good judgment has continued when he settled the debt at SOR 1.b in May 2010, and reached settlement terms with the creditor cited in SOR 1.a in July 2010. Eligibility for access to classified information is granted.


Financial

11/04/2010

Applicant received Chapter 7 bankruptcy discharges in 1992 and 2000. He filed a Chapter 13 petition in May 2006 and timely completed a three-year payment plan in June 2009. All debts alleged in the SOR were resolved by the Chapter 13 payment plan. He is living within his means and has no delinquent debts. Clearance is granted. CASE NO:09-05468.h1


Foreign Preference, Foreign Influence, Personal Conduct

11/04/2010

Applicant left his native Iraq and came to the United States in 1992 as a refugee. His parents and six siblings are residents and citizens of Iraq. He remained and established ties to United States, becoming a U.S. citizen in 2001. He returned to Iraq in 2006 to visit his mother. He obtained an Iraqi passport during that visit in order to protect his safety. He left the passport in Iraq. In December 2008, he returned to Iraq to serve as a linguist with the U.S. Forces, where he made significant contributions and suffered serious injuries. When he completed a security clearance in March 2008, he failed to disclose the Iraqi passport. In 2010, he retrieved the passport and surrendered it to his employer for destruction. He mitigated the foreign preference, foreign influence concerns, and personal conduct concerns. Clearance is granted.


Financial

11/04/2010

Applicant accumulated considerable delinquent debts following her divorce from her first husband and employment by her current husband. However, she has been unable to document any manifest repayment efforts with either her debt consolidation firm, or individually, since she began reporting positive cash flows. Applicant's proven debts have not been paid or resolved to date. And Applicant's finances are not stabilized enough at this time to mitigate security concerns. Clearance is denied. CASE NO: 08-10168.h1


Financial

10/29/2010

Applicant is 32 years old and is employed by a defense contractor. He filed Chapter 7 bankruptcy in 2000 and was discharged in May 2001. Since then Applicant accumulated 17 more delinquent debts totaling $16,878 listed in the Statement of Reasons. He did not resolve any of these debts. Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-01979.h1


Personal Conduct; Drug Involvement

10/29/2010

Applicant is a member of Wicca who used marijuana as part of her faith's religious rituals between 2000 and July 2009. Such illegal drug use was optional. She applied for a security clearance in September 2009 and has since given up use of the drug, choosing to use a chemical-free approach to her personal search in the future. In the past 15 months, she has not had the opportunity to demonstrate her new approach or test her resolve to eschew marijuana, leaving drug involvement security concerns unmitigated. Applicant did, however, provide sufficient evidence to rebut a statement allegedly made by her husband indicating that they had used marijuana in April 2009, after seizing it from their child's room. This rebuttal sufficiently mitigated personal conduct security concerns. With drug involvement security concerns remaining, however, clearance is denied. CASE NO: 10-01809.h1


Financial

10/29/2010

Applicant is a 44-year-old engineer for a defense contractor. His finances suffered when he was unemployed and when he accepted a position at another geographic location for less pay. He has resolved his delinquent debts and mitigated any security concerns about his finances. Clearance is granted. CASE NO: 10-00973.h1


Financial

10/29/2010

Applicant works for a defense contractor. He has 4 delinquent debts totaling $98,768 dating from 2007. Applicant did not provide any evidence that she resolved or paid those debts. Applicant did not mitigate the financial security concern. Clearance is denied. CASE NO: 10-00261.h1


Financial

10/29/2010

Applicant fell behind on four separate debts totaling $37,933 when his income was substantially reduced following a job change, and a cross-country move to begin a new job. He has paid, settled, or attempted in good-faith to resolve his debts. His monthly budget reflects that he is living within his means and is current on his monthly bills. Applicant has mitigated security concerns raised. Clearance is granted. CASE NO: 09-08108.h1


Financial

10/29/2010

Starting in 2004, Applicant invested heavily in the Florida real estate market. She purchased three houses and six lots. By 2009, the dramatic decline in the real estate market left her owing approximately $5,700,000 on property worth $4,000,000. The lender has accepted short-sales on the houses. Applicant is awaiting responses from the mortgage company as to her requests to surrender the lots in lieu of foreclosure. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-07248.h1


Financial

10/29/2010

Applicant had 14 charged-off, placed for collection, or past-due accounts, which totaled $15,000. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 09-06930.h1


Financial

10/29/2010

Applicant works for a defense contractor. He has delinquent debts totaling $431,000 on his mortgages and $107,800 on credit card and other debts dating from 2008. Applicant did not provide any evidence that he resolved or paid those debts. Applicant did not mitigate the financial security concern. Clearance is denied. CASE NO: 09-06553.h1


Foreign Influence; Foreign Preference

10/29/2010

Applicant was born in Iran and came to the United States at the time of Iran's Islamic revolution. His family owed land in Iran, which was seized by the Iranian government following the revolution. In 2007, he inherited an interest in that land. He is trying to dispose of his interest in the property. Applicant has rebutted or mitigated the security concerns under foreign preference and foreign influence. Clearance is granted. CASE NO: 09-06346.h1


Financial

10/29/2010

Applicant has paid two of her delinquent accounts and entered into a repayment agreement on the remaining obligation. She has mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-05786.h1


Financial

10/29/2010

Applicant filed a Chapter 7 bankruptcy petition in February 2010, in which she listed $52,584 in unsecured nonpriority claims, including an $8,500 timeshare debt and $9,466 for a leased truck that she surrendered voluntarily when she could no longer afford the payments. The case is pending and a discharge has not yet been granted by the bankruptcy court. She incurred debt after her then fiancé was laid off in March 2007, but she also made some poor financial decisions that continue to cast doubt on her judgment. Clearance denied. CASE NO: 09-05717.h1


Financial; Personal Conduct

10/29/2010

Applicant is making monthly payments on one of four delinquent debts alleged in the SOR. The remaining three debts are unresolved. He falsified his security clearance application by intentionally failing to disclose an unpaid judgment and several delinquent debts. Clearance is denied. CASE NO: 09-05398.h1


Financial

10/29/2010

Applicant and her spouse acquired debts totaling over $820,000. She presented limited documentary evidence to establish financial responsibility in the acquisition of the debts, good-faith efforts in the resolution of the debts, or a current track record of financial responsibility. There are no clear indications that her financial problem are being resolved or are under control. Clearance denied. CASE NO: 09-05241.h1


Financial

10/29/2010

Applicant was unable to make his monthly payments on his mortgage loans in 2008 when he was unemployed. He resolved the debts through a short sale of his previous residence in April 2010. Clearance granted. CASE NO: 09-04727.h1


Guideline F

10/29/2010

After Applicant admitted many of the allegations the burden was on him to extenuate or mitigate the security concerns. Adverse decision affirmed.


Foreign Influence; Foreign Preference

10/29/2010

Applicant failed to mitigate the security concerns raised by her possession and use of a foreign passport, her foreign property ownership, her formal adoption of her two nephews, and her deep bonds of obligation and affection to her family living in Taiwan. Clearance denied.


Financial; Personal Conduct

10/29/2010

Applicant accumulated 19 debts totaling $18,595. He successfully mitigated financial considerations concerns arising from these debts. When completing his security clearance application, he failed to list the full extent of his adverse financial history. He also failed to list his second term of Army service for which he received an other than honorable discharge. He mitigated his failure to fully disclose his financial history, but failed to mitigate his deliberate omission of Army service and adverse discharge. Clearance is denied. CASE NO: 09-04187.h1


Financial; Personal Conduct

10/29/2010

Applicant was terminated from two jobs for misconduct. He falsely told a security investigator that he had "no problems or issues" with the second job. Of the four delinquent debts alleged in the SOR, he has resolved two. He has not mitigated the security concerns based on financial considerations and personal conduct. Clearance is denied. CASE NO: 09-04185.h1


Foreign Influence; Personal Conduct

10/29/2010

Sixty-six year old Applicant and his wife came to the United States in 1970 and became naturalized U.S. citizens. They and their one U.S. native-born child reside in the United States and are not vulnerable to direct coercion or exploitation by a foreign power. Two of his three surviving siblings are naturalized U.S. citizens residing in the United States. His 95-year-old father-in-law is a naturalized U.S. citizen residing in a nursing home in Taiwan. His relationship with his brother and brother-in-law, both of whom are Taiwanese citizens and residents, is minimal. While Taiwan is an important U.S. ally, it is believed to be an active collector of U.S. economic intelligence and proprietary information. Nevertheless, the fear of a "heightened risk" because of the presence of the brother and brother-in-law still residing in Taiwan is minimized. Applicant mitigated the security concerns regarding foreign influence and personal conduct. Eligibility for a security clearance or access to classified information is granted.


Foreign Influence

10/29/2010

Applicant is 27 years old and employed as a Systems Engineer by a defense contractor. His foreign family members in Israel that include his paternal grandparents does not pose a security risk as the contact is casual and infrequent. There is no possibility of foreign influence that could create the potential for conduct resulting in the compromise of classified information. The Applicant has well established roots in the United States. Clearance is granted. CASE NO: 09-02884.h1


Guideline H

10/29/2010

Nothing in the remand order authorized the Judge to solicit or receive new evidence. The Judge cited no authority for her direction to Applicant to perform certain acts. There is no authority for the Board or the Judge to mandate drug testing. The right to examine documents produced by an opposing party for errors or irregularities is basic. Where either the substance or the appearance of fairness and impartiality are in doubt, corrective action must be taken. Favorable decision Remanded to a new Judge.


Guideline F

10/29/2010

Applicant cites to a Board decision in another case. The two cases are factually dissimilar. Adverse decision affirmed.


Financial

10/29/2010

Applicant is responsible for delinquent debts that were largely caused by his former wife during their five-year marriage. He took over responsibility for the family finances in 2009, and implemented reasonable plans to resolve the debts. His former wife's failure to meet her financial obligations after their divorce caused his efforts in this regard to become untenable, and he ultimately had to file for bankruptcy relief. He has done so, and has both the means and every intention to remain solvent in the future. He is a responsible and trustworthy individual, and met his burden to mitigate security concerns arising from his financial situation. Eligibility for access to classified information is granted. CASE NO: 09-00796.h1


Foreign Influence

10/29/2010

Applicant is a U.S. born citizen, who served honorably in the United States Marine Corps for four years. Appellant's wife has resigned her position in the Japanese military. His contact with his in-laws is infrequent, and none of them has any involvement with the Japanese Government. His parents, two sisters and one brother are solely U.S. born citizens and residents. Since his separation from the Marine Corps, Applicant has only been employed by United States companies. 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. interest. Mitigation has been shown. Clearance is granted.


Financial Considerations; Criminal Conduct

10/29/2010

When in high school, Applicant was charged with battery and was convicted the summer after graduation from high school. Also during the summer after high school graduation, he was charged with terroristic threatening for telephone calls to his girlfriend, which was nolle prosequi. In 2007, he drove a car while intoxicated. Two unpaid medical bills, which total $700, are listed in his credit report. Applicant has rebutted or mitigated the security concerns under criminal conduct and financial considerations. Clearance is granted. CASE NO: 08-11927.h1


Handling Protected Information; Personal Conduct

10/29/2010

Applicant is a 53-year-old employee of a defense contractor. Before she left her former employer's company in 2006, she copied confidential frequencies into a notebook, which she left in her desk drawer when she left the company. She has not had a security infraction since this incident. She received remedial training. She appreciates the gravity of her actions and approaches the discharge of her security responsibilities with a renewed vigor and a positive attitude. Security concerns are mitigated. Clearance is granted. CASE NO: 08-10066.h1


Guideline D; Guideline E

10/29/2010

An SOR is not required to satisfy the strict requirements of a criminal indictment. The record demonstrates Applicant was provided adequate notice to prepare his case. Applicant’s stated willingness to perjure himself in another context is relevant to his security eligibility. Adverse decision affirmed.


Financial

10/28/2010

Applicant has had a history of overdue debts, and no evidence was introduced to show that any of them had been resolved. Mitigation has not been shown. Clearance is denied.


Personal Conduct

10/28/2010

Applicant showed questionable judgment over the course of many years by defrauding the Government through the submitting of several false travel vouchers, forging of official orders and submitting them to the Army, committing fraud on her insurance company by submitting a false insurance claim, being guilty of the charge of confinement of her two unattended children, and the unauthorized taking of company T- shirts and a company computer program from her current employer. Mitigation has not been shown. Clearance is denied.


Financial

10/28/2010

Applicant has not mitigated the security concerns under the financial considerations security concerns. He has unresolved delinquent debts that stem in part from unpaid taxes. Clearance is denied. CASE NO: 09-08116.h1


Financial

10/28/2010

Applicant failed to mitigate security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 09-06548.h1


Foreign Influence

10/28/2010

Applicant was born in India and immigrated to the United States in 1996. Since then, he has married, started a family, become an active member of his community, bought a house, and acquired assets in excess of $750,000. Remaining in India are a sister and in-laws, who are citizens of India. He maintains negligible contact with these individuals. A $25,000 investment property is a minimal investment from which he acquires no benefits. Applicant mitigated foreign influence security concerns. Clearance granted. CASE NO: 09-05670.h1


Financial

10/28/2010

Applicant and his spouse acquired three real estate mortgages totaling approximately $568,000. One of the mortgages was foreclosed and the other two were charged off. He presented no evidence to establish a track record of financial responsibility. There are no clear indications that his financial problem is being resolved or is under control. Clearance denied. CASE NO: 09-05576.h1


Financial Considerations

10/28/2010

Thirty-three-year-old Applicant's consumer debt was discharged under Chapter 7 of the U.S. Bankruptcy Code in 2005. Six months later, Applicant and his wife chose to relocate to another state based on the expectations of finding better-paying jobs. Expectations were not initially met. Family health issues arose and Applicant and his wife made several other moves to provide care for the various family members, while permitting their finances to again deteriorate. Both Applicant and his wife were periodically unemployed, and accounts again became delinquent and sent for collection, or were charged off. He made very little effort to contact his creditors to resolve his accounts until late 2009. Applicant initiated an effort to start repaying only 3 of the 17 creditors before the hearing, but after the SOR was issued. With the exception of those three creditors and the few additional ones to whom he started making payments after the hearing, Applicant never contacted any of the creditors to try to make repayment arrangements. Instead, he simply prepared his proposed repayment plan with anticipated payments, but no indication that those creditors had agreed with his plan or that additional payments had, in fact, been made. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Foreign Influence, Sexual conduct, Personal Conduct

10/28/2010

Applicant is a naturalized U.S. citizen who was born in the Soviet Union. His wife and stepdaughter are dual citizens of Russia and the United States who reside with Applicant in the United States. Applicant's wife and stepdaughter have ties to her parents in Russia and travel there to visit them. Applicant engaged in two extramarital affairs with Russian nationals. The most recent ended in 2007 and lasted more than one year. He held a security clearance while engaging in this affair. He did not disclose his affair to his FSO or his wife. She remains unaware of Applicant's affairs, and he remains vulnerable to exploitation. Security concerns under Guidelines B, D and E are not mitigated. Clearance is denied. CASE NO: 09-03470.h1


Financial; Personal Conduct; Criminal Conduct

10/28/2010

Applicant failed to mitigate security concerns about his history of delinquent debt, his criminal conduct since 2000, and his intentional false statements to a Government investigator during his subject interview. Clearance is denied. CASE NO: 08-11706.h1


Sexual Behavior; Personal Conduct

10/28/2010

Applicant has mitigated the security significance of his sexual behavior. He did not falsify statements to the Government about his conduct. Clearance is granted.


Financial

10/27/2010

Applicant has mitigated the security concerns under the financial considerations guideline. He is in the process of a short sale for his home. He has no debt other than the approximately $30,00 past-due mortgage account. He has had circumstances beyond his control and has acted responsibly in resolving this debt. He has held a security clearance without incident for years. Clearance is granted. CASE NO: 10-01014.h1


Personal Conduct

10/27/2010

For several years, Applicant has resided with and sheltered her husband, knowing he was in the United States illegally. Eligibility for access to sensitive information is denied. CASE NO: 10-00503.h1


Foreign Preference

10/27/2010

Applicant renewed his foreign passport through 2017, despite the fact he has been a naturalized U.S. citizen since 2000. He travels abroad extensively and uses his foreign passport for travel to certain countries in preference to his valid U.S. passport. He does so for the convenience of bypassing immigration lines and procedures in those countries. Applicant refuses to relinquish his foreign passport because of the convenience of travel it brings, and because it may give him an advantage for possible job opportunities in the future. Clearance is denied. CASE NO: 10-00405.h1


Financial; Personal Conduct

10/27/2010

Applicant incurred delinquent debt when she had severe medical issues, she was unable to work thereby losing her health insurance, her separated husband did not provide support, and she became a single parent raising two children. She contacted all of her creditors and either paid or is paying half of her debts, or was unable to get sufficient information for payment from the creditors. She only has two unresolved debts from repossessions still outstanding. She did not provide false information in response to financial questions on her public trust position application with the intent to deceive. Access to sensitive information is granted. CASE NO: 09-08574.h1


Criminal Conduct

10/27/2010

Applicant is a 32-year-old employee of a federal contractor. The evidence shows Applicant was involved in an incident with his then wife in January 2009 that resulted in his arrest. A misdemeanor charge of assault and battery on a family member was resolved in state court in March 2009, when Applicant received a deferred adjudication of guilt. Applicant completed probation in March 2010. Provided his good behavior, the case will be dismissed in March 2011. Applicant's wife left him on the day of the incident, he has seen her once since, and he is unaware of her whereabouts. The marriage ended in divorce several months after the incident. Applicant presented sufficient evidence to mitigate the criminal conduct security concerns. Clearance is granted. CASE NO: 09-06197.h1


Criminal Conduct

10/27/2010

Applicant has mitigated the security concerns under the criminal conduct guideline. The domestic dispute in 2008 that resulted in two criminal charges is not likely to recur. Applicant is now divorced from his wife. He has completed anger management classes and a diversion program. Clearance is granted. CASE NO: 09-06171.h1


Criminal Conduct'; Alcohol Consumption

10/27/2010

Applicant has mitigated the security concerns under the alcohol consumption guideline. He was charged in 2005 for underage drinking. Applicant has not mitigated the security concerns under the criminal conduct guideline. He is 24 years old and has a conviction from 2007 for aggravated assault. He has a case pending from March 2009. He has not met his burden. Clearance is denied. CASE NO: 09-05995.h1


Financial

10/27/2010

Applicant is 60 years old and is employed by a defense contractor. Applicant had 23 delinquent debts totaling $79,509 listed in the Statement of Reasons. She resolved all of these debts by payment or Chapter 7 bankruptcy. Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 09-05662.h1


Financial

10/27/2010

Applicant accumulated considerable delinquent debts during periods of unemployment and underemployment and has been unable to address them since she returned to work in 2008. Her 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. CASE NO: 09-03910.h1


Financial

10/27/2010

Applicant made some efforts prior to receipt of her SOR to resolve her financial problems, caused in part because of circumstances beyond her control. She acted with some responsibility under the circumstances. She now understands the importance of having and maintaining financial responsibility. Her recent behavior shows some judgment and reliability. She mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 09-03635.h1


Financial

10/27/2010

Applicant is 47 years old and was employed as a Budget Analyst by a defense contractor. Her history of excessive indebtedness has not been mitigated by a good faith effort to resolve her debts. Clearance is denied. CASE NO: 09-03102.h1


Criminal Conduct; Personal Conduct

10/27/2010

Applicant is 48 years old. He was convicted of a felony for obtaining a prescription drug by fraud. Applicant stole a blank prescription form from his doctor and on 21 occasions forged the doctor's name and obtained 100 pills of Oxycodone. He then illegally used the drug. Applicant intentionally failed to disclose on his 2002 security clearance application that he took some of his mother's pain killer drugs and illegally used them. Applicant failed to mitigate the security concerns under Guideline J, Criminal Conduct, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-01520.h1


Financial

10/27/2010

Applicant denied responsibility for delinquent debts that had been charged off or which no longer appeared on his credit reports. He failed to mitigate security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 08-11983.h1


Financial

10/27/2010

Applicant is 57 years old and is employed by a defense contractor. Applicant has about $67,000 in 16 delinquent debts. She is paying four debts and disputes another six debts. She is attempting to pay the remaining six debts over time when funds are available. Applicant mitigated the financial considerations trustworthiness concerns. Clearance is granted. CASE NO: 08-05171.h1


Financial

10/27/2010

Applicant's steps at rehabilitating her troubled finances were insufficient to mitigate the security concern in light of their nature and seriousness. Clearance is denied. CASE NO: 08-02031.h1


Sexual Behavior; Personal Conduct

10/27/2010

Applicant's history of sexual behavior was mitigated by the passage of nine years since the last incident, his ongoing treatment for mental health issues related to the behavior, and the favorable prognoses rendered by his treating medical professionals. Clearance granted.


Financial Considerations; Foreign Influence

10/26/2010

Applicant has resolved two of the overdue debts listed on the SOR, and has been unable to locate the creditor of the third overdue debt, despite his best efforts. He is current on all of his recent debts. Applicant, who was born in 1955 in Afghanistan, moved to the United States in 1981 and became a U.S. citizen in 2000. Applicant's wife is a U.S. citizen, and their two children are solely U.S. born citizens and residents. The majority of Applicant's assets are in the United States. He has six siblings, who are U.S. citizens and residents. Applicant has one cousin, who lives in Iran, but 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. interest. Mitigation has been shown. Clearance is granted.


Financial

10/25/2010

Applicant owned a restaurant that was riddled with structural problems the landlord would not fix. To make needed repairs, he used funds from the business' general account and initiated litigation against the landlord for compensation. Pending a decision on the amount to be awarded, Applicant is working with the state about paying sales taxes collected. He has also made significant progress on his other debts. In light of his demonstrated efforts to honor his debts, and the state's willingness to work with Applicant, financial considerations security concerns are mitigated. Clearance granted. CASE NO: 10-00194.h1


Financial

10/25/2010

Applicant has mitigated the security concerns under the financial considerations guideline. Her separation and divorce greatly impacted her financial stability. Her husband's abandonment resulted in the financial problems that Applicant encountered in 2008. She recently filed a petition for Chapter 7 bankruptcy. She acted responsibly based on these challenging facts. Clearance is granted. CASE NO: 09-08533.r1


Alcohol Consumption, Personal Conduct

10/25/2010

Applicant has not mitigated the security concerns under alcohol consumption. He is currently on a three-year probation for a 2007 DUI. He admits drinking to excess to at least September 2009. Applicant did not deliberately falsify his August 2009 security clearance application. He has mitigated the concerns under personal conduct. Clearance is denied. CASE NO: 09-08255.h1


Criminal Conduct, Sexual Behavior, Personal Conduct, Financial

10/25/2010

Applicant sexually molested his two stepdaughters and indecently videotaped one of them during the first six months of 1998, following his retirement after 21 years as an Army Ranger. He served a couple months of confinement, and five years of probation during which he completed a sex offender treatment program. He subsequently incurred over $15,000 in delinquent debt, most of which remains unpaid. He unpersuasively attempts to minimize the seriousness of his crimes by offering non-sexual explanations for his conduct, and his fiancee believes the charges were false and baseless allegations. He failed to fully mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-02317.h1


Guideline F

10/22/2010

Applicant’s arguments fail for lack of specificity. Adverse decision affirmed.


Guideline F

10/22/2010

Applicant’s due process claims are unpersuasive. She was advised before the hearing and again at the hearing of her right to obtain counsel. She had three months from the time of her request for a hearing to gather documents. Adverse decision affirmed.


Guideline B; Guideline F

10/22/2010

The nature of an op-ed piece runs contrary to the types of material appropriate for administrative notice. Adverse decision affirmed.


Guideline E

10/22/2010

The Judge’s material findings of fact are sustainable and support his ultimate adverse conclusions. Adverse decision affirmed.


Guideline G

10/22/2010

The Judge’s references to three DWI convictions rather than two DWI convictions and a third alcohol-related conviction do not establish an outcome determinative error. Adverse decision affirmed.


Financial

10/21/2010

Applicant has a long history of financial indebtedness. He currently has 16 delinquent debts, and has failed to submit proof that any of them are satisfied. He failed to mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-06716.h1


Personal Conduct

10/21/2010

Applicant has mitigated the security significance of his wife's citizenship situation. He did not falsify a questionnaire, and the alleged domestic violence has been mitigated by time. Clearance is granted.


Alcohol Consumption

10/21/2010

Applicant is a 47-year-old employee of a defense contractor. He had two alcohol-related arrests, occurring in 2005 and 2007. Applicant has not mitigated the Alcohol Consumption security concerns. Eligibility for access to classified information is denied. CASE NO: 08-07618.h1


Financial

10/20/2010

Applicant has not mitigated the financial considerations security concerns. She has not resolved her delinquent debts. She has no plan in place to address her delinquent debts. Clearance is denied. CASE NO: 10-02788.h1


Financial

10/20/2010

Applicant lost his wife in 1999, then was defrauded of his inheritance and savings in 2001. He has lived simply, foregoing needed prescriptions to address his multiple medical problems. He does not presently have the income, financial resources, or guidance to address his delinquent debts. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 09-08150.h1


Drug Involvement, Personal Conduct

10/20/2010

Applicant used marijuana at least six times between 2004 and 2008. One use occurred after he completed his security clearance application, and his last use occurred after he received a security clearance. When he completed his first security clearance application in 2005, he did not disclose his marijuana use in 2004. Clearance is denied. CASE NO: 09-08090.h1


Drugs

10/20/2010

Applicant is 26 years old. She used marijuana when she was in high school. She tested positive for marijuana in June 2009, when she was applying for a job. She believes her positive test result was due to second-hand smoke. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement. Clearance is denied. CASE NO: 09-07674.h1


Financial

10/20/2010

Applicant is a 28-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems as shown by past-due mortgage loans on two residential properties that were later sold via short sales. A balance of more than $70,000 is owed on the second mortgage loan for the second property. Applicant does not have a concrete plan in place to resolve this debt, which is now in collection with a third party. Her ongoing financial problems justify current doubts about her judgment, reliability, and trustworthiness. Clearance is denied. CASE NO: 09-06349.h1


Financial Considerations

10/20/2010

Applicant has paid five delinquent accounts, is paying another, and is attempting to negotiate a repayment plan concerning his final delinquent account. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-04622.h1


Drugs

10/20/2010

Applicant used marijuana regularly from June 1999 to March 2009, purchasing it about 20 times while in college, when he also experimented with two other drugs. He says he stopped in March 2009 because drug use would hurt his career ambitions. He provided no evidence of counseling or treatment, and minimal other evidence of rehabilitation. No other evidence of good character or reliability was offered in mitigation. Eligibility for access to classified information is denied.


Drugs

10/20/2010

Applicant used cocaine, once in 2004, and again in 2005, and he used marijuana between January 2005 and January 2009. All his illegal drug use occurred while he was a college student. His last use was more than 17 months ago. Applicant has rebutted or mitigated the security concerns under drug involvement. Clearance is granted. CASE NO: 09-04554.h1


Drugs

10/20/2010

Applicant's lengthy history of substance abuse, treatment, and relapses, create serious doubts about his rehabilitation and whether he has made permanent behavioral changes. His past behavior shows he does not have the ability or willingness to comply with the law, rules, and regulations. Clearance denied. CASE NO: 09-00765.h1


Drug Involvement; Criminal Conduct; Personal Conduct

10/20/2010

Applicant is a 27-year-old employee of a defense contractor. He used illegal substances and misused prescription drugs for at least 13 years. He also was involved in a number of criminal incidents. However, Applicant has successfully completed treatment for his chemical dependency and is continuing to attend 12-step meetings. He has been drug free for the past three years and is committed to remaining sober. Applicant has mitigated the Drug Involvement, Criminal Conduct, and Personal Conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 09-00528.h1


Financial

10/20/2010

Applicant has mitigated the financial considerations security concerns. She has resolved her delinquent debts. The home foreclosure was beyond her control and the account balance is zero. Clearance is granted. CASE NO: 08-11535.h1


Personal Conduct

10/20/2010

Applicant's 15-year history of misconduct—petty and otherwise—demonstrated poor judgment and untrustworthiness inconsistent with access to classified information. Clearance denied.


Financial

10/19/2010

Applicant has paid or is making payment on six debts listed in the Statement of Reasons (SOR). He is attempting to locate the current holder of his student loan obligation. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 10-00100.h1


Financial; Criminal Conduct

10/19/2010

Applicant is 34 years old. She lost her job when she was involved in criminal conduct. She remains on probation until May 2012. When she lost her job, she had difficulty paying her bills and used credit cards to help pay her expenses. She settled some of her delinquent debts, but has others that remain unresolved. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-07754.h1


Financial; Personal Conduct

10/19/2010

Applicant is 33 years old and employed as an Electronic Technician by a defense contractor. Applicant's history of financial indebtedness caused by periods of unemployment has been resolved. His Other than Honorable Discharge from the United States Navy in 2005, for missing the ship's movement on two separate occasions, has been mitigated by the passage of time and no further misconduct. Since then, he has matured and demonstrated that he is responsible. Sufficient evidence of reform and rehabilitation has been shown. Clearance is granted. CASE NO: 09-05700.h1


Financial

10/15/2010

Applicant failed to mitigate security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 10-00458.h1


Financial

10/15/2010

Applicant is responsible for eleven unresolved financial delinquencies. She lacks a coherent plan to resolve her debts, and she has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied. CASE NO: 09-07858.h1


Financial; Foreign Influence

10/15/2010

Applicant is 43 years old and employed as a Mechanical Assembler by a defense contractor. His history of excessive indebtedness was mainly caused by multiple periods of unemployment. He was also a victim of a fraud scheme that caused two large mortgage debts. He has resolved several of the debts, and recently filed bankruptcy under Chapter 7 to discharge the others. His contact with his foreign family members in Mexico is casual and does not pose a security risk. Sufficient mitigation has been shown. Clearance is granted. CASE NO: 09-05831.h1


Financial

10/15/2010

The lack of detailed explanations of poor economic times, her son's financial problems, and her February 2007 divorce, do not provide Applicant sufficient mitigation under the financial involvement guideline. The filing of her Chapter 13 petition does not mitigate her financial problems either because there is no evidence the plan has been approved and that payments have been made under the plan. Eligibility for access to classified information is denied.


Financial

10/15/2010

The Applicant has done nothing to address her significant past due indebtedness. Access to sensitive information is denied. CASE NO: 09-02670.h1


Financial

10/14/2010

Applicant is 33 years old. She and her parents owned a home together. She began having financial problems when she purchased a second home. She was aware before she concluded the purchase of the second home that her mother was ill and unable to work and her father was recently unemployed. Her first house was foreclosed, and there is a deficiency that has not been resolved. She paid some of her delinquent debts. At this juncture, it is too early to conclude that Applicant's finances are stable and no longer a security concern. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-08340.h1


Financial

10/14/2010

Applicant is a 33-year-old employee of a defense contractor. She incurred a number of delinquent debts after her child was born and she and her husband separated. She paid or settled 11 debts and has a plan to address her remaining financial issues. She has mitigated any concerns about her finances. Clearance is granted. CASE NO: 09-08093.h1


Foreign Preference; Foreign Influence

10/14/2010

Applicant is a 33-year old employee of a defense contractor. He relinquished his foreign citizenship in 2005 when he became a U.S. citizen, only to reapply and reacquire his foreign citizenship in 2006. The security concerns under Guideline C have not been mitigated. Eligibility for access to classified information is denied. CASE NO:09-07072.h1


Financial

10/14/2010

Applicant has six delinquent accounts totaling $82,584. He failed to provide documentation corroborating his testimony during the hearing that he was making payments towards all of his debts. He did not provide sufficient evidence to mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 09-00375.h1


Financial Considerations

10/13/2010

Applicant is a 43-year-old employee of a defense contractor. He is alleged to be indebted to 10 creditors in the approximate amount of $24,971. Applicant has mitigated the Financial Considerations security concerns. Eligibility for access to classified information is granted. CASE NO:09-07795.h1


Drug Involvement

10/13/2010

Applicant is 34 years old and employed as a Test Engineer by a defense contractor. His use of marijuana on a monthly to bi-monthly basis from 2002 to 2009 has ceased. He has not used marijuana or any illegal drug for over a year, and has no intentions of future use. He understands DoD policy, his company policy, and the law, that prohibits the use of illegal drugs. He has signed a letter of intent and understands that any future use of any illegal drug will result in the immediate revocation of his security clearance. Sufficient evidence of rehabilitation has been shown. Clearance is granted. CASE NO: 09-07126.h1


Alcohol; Drugs; Personal Conduct

10/13/2010

Applicant has a long history of alcohol and prescription drug abuse, developed due to a job-related injury and clinical depression. In 2008-2009, he was diagnosed with alcohol and polysubstance dependence. He continued to consume alcoholic beverages mixed with prescription drugs after two suicide attempts, his alcohol dependence diagnosis, and related treatment. Moreover, he falsified his security clearance application regarding the extent of his alcohol and polysubstance dependency. Eligibility for access to classified information is denied. CASE NO: 09-05605.h1


Drugs; Personal Conduct

10/13/2010

Applicant is a 26-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. CASE NO: 09-04258.h1


Financial

10/13/2010

The Applicant has made a good-faith effort to pay or resolve her past due indebtedness. She has shown sufficient rehabilitation. Clearance is granted. CASE NO: 09-02467.h1


Financial

10/13/2010

Applicant incurred 12 delinquent debts, totaling more than $70,500, since 2007. She provided no evidence of any effort to resolve any of those debts, despite expressing her intention to do so more than two years ago. She failed to mitigate the resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-00788.h1


Alcohol; Drugs; Criminal Conduct; Personal Conduct.

10/13/2010

Applicant's resumption of alcohol after treatment and diagnosis of alcohol dependence raised security concerns that were not mitgated by Applicant's two 2009 alcohol evaluations—neither of which contained any prognosis to rebut the earlier diagnosis. Drug Involvement, Criminal Conduct, and Personal Conduct security concerns were mitigated. Clearance denied.


Alcohol; Personal Conduct

10/13/2010

Applicant's alcohol abuse has resulted in a series of alcohol related problems,


Financial

10/12/2010

Applicant has had a history of overdue debts, and no evidence was introduced to show that any of them had been resolved. Mitigation has not been shown. Clearance is denied.


Financial

10/12/2010

Applicant has had a history of overdue debts, due to several periods of unemployment. He has used the legal remedy of bankruptcy to resolve these debts. Mitigation has been shown. Clearance is granted.


Financial

10/08/2010

Applicant worked two jobs for several years. When she lost one job, she could not keep up with her debts. She raised a child with emotional problems, without financial assistance from the child's parents. The child's behavior resulted in damage to at least three of Applicant's apartments, and required her to move several times. The child is now 21 years old and no longer lives with Applicant. Since obtaining a second job in 2009, she has paid several debts, disputed others which have been deleted from her credit report, and begun payments on the remaining debts. Applicant's debts are not related to drug or alcohol abuse, or gambling. Her trustworthiness is not at issue. Clearance is granted. CASE NO: 09-06319.h1 DATE: 10/08/2010


Guideline F; Guideline E

10/08/2010

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


Guideline F; Guideline E

10/08/2010

Applicant’s claim that he did not submit the most beneficial information because of his pro se status is not persuasive. After the hearing the Judge held the record open for two weeks. The Judge specifically mentioned the possibility of Applicant submitting documentation about his mortgage. Applicant later reported that he had been unable to obtain any documents on that subject. Applicant has not demonstrated that he was denied the due process afforded by the Directive. Adverse decision affirmed


Guideline H; Guideline E; Guideline J

10/08/2010

An SOR allegation may be included under multiple guidelines and given independent weight under each guideline. Lack of truthfulness or candor in the security clearance process is at the heart of Guideline E. Adverse decision affirmed.


Drug Involvement; Personal Conduct

10/07/2010

Applicant used cocaine on multiple occasions as recently as April or May 2009. He also used cocaine while holding an interim security clearance. He was fired by a previous employer for misusing a company vehicle. He failed to mitigate the security concerns. Clearance denied. CASE NO: 09-07205.h1


Drugs; Personal Conduct; Criminal Conduct

10/07/2010

The Applicant' past drug abuse was about four years ago. He was suffering from Opiate Dependency, but his current "prognosis is excellent." As such, his past drug abuse is not of present security concern. However, the same can not be said as to his lack of candor. He falsified his security clearance applications in September of 2006, and again in March of 2008, as to his past drug abuse. These wilful falsifications are a violation of 18 U.S.C. 1001. Clearance is denied. CASE NO: 09-02557.h1


Alcohol

10/07/2010

Applicant has a history of repeated drunk driving incidents and treatment for diagnosed alcohol dependence. She relapsed after her latest arrest for driving under the influence in December 2008, despite attending Alcoholics Anonymous (AA) meetings since February 2009. Alcohol consumption concerns are not fully mitigated. Clearance denied. CASE NO: 08-05433.h1


Financial Considerations

10/06/2010

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:10-03656.h1


Guideline F

10/06/2010

Given the Judge’s sustainable findings that, on their face, appear to raise certain Guideline F mitigating conditions, the decision does not contain an adequate explanation for the Judge’s conclusion that Applicant had failed to meet her burden of persuasion. Adverse decision remanded. CASE NO: 09-08533.a1


Guideline F

10/06/2010

In light of Applicant’s financial history, his evidence that he had paid off some non- SOR debts and partially paid one SOR debt was not sufficient to mitigate the security concerns in his case. Adverse decision affirmed. CASE NO: 09-07853


Financial

10/06/2010

Applicant's business suffered a blow when it lost a major contract in 2007, cutting its income in half. As a result, Applicant's income was substantially reduced. He did not have sufficient financial reserves to timely meet all of his bills or prevent an investment property from going into foreclosure. He failed to provide sufficient evidence the foreclosure-related debt has been adequately addressed or that another obligation was formally disputed. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 09-06771.h1


Financial

10/06/2010

Applicant is 55 years old and employed as a Technical Writer by a defense contractor. His excessive indebtedness was caused by circumstances beyond his control, namely the downturn in the economy that effected the real estate market; a job relocation; his inability to sell his house; the costs of supporting two households; nonpaying tenants; and his wife's DUI. Since then, he has borrowed from his 401K and paid off each of the creditors in the SOR, and resolved his indebtedness. He is living within his means and demonstrates financial rehabilitation. Clearance is granted. CASE NO: 09-04618.h1


Financial; Personal Conduct

10/06/2010

Applicant has had a history of overdue debts, mainly due to loss of employment, the majority of which have been resolved or are being resolved. While Applicant did not furnish complete information on a Security Clearance Application, it was not done with an attempt to mislead the Government. Mitigation has been shown. Clearance is granted.


Financial

10/06/2010

Applicant, a 32 year-old government contractor, has accumulated approximately $108,871 in delinquent debts. He failed to present documentation to establish that he is satisfying any of his delinquent accounts. He has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-03391.h1


Financial; Personal Conduct

10/06/2010

Applicant is delinquent on at least 20 unpaid debts totaling about $33,000. His debts arose, in part, from a loss of income when he left the military, but are mostly due to his own financial mismanagement. Despite recently having the means to resolve some of his debts, Applicant has failed to take any such action. Applicant also refused to provide basic financial information requested by a Government investigator, he deliberately omitted all but one of his debts from his SF 85P, and he provided conflicting and unsubstantiated testimony about his debts. Clearance is denied. CASE NO: 09-01206.h1


Guideline F; Guideline E

10/06/2010

Errors in the Judge’s findings of fact did not likely affect the outcome of the case. Therefore, they are harmless. Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 08-11345.a1


Drugs

10/05/2010

Applicant is a 27-year-old auditor. Applicant's history of marijuana use during 2001 2009, along with an equivocal intent to discontinue such use, raises questions about his ability or willingness to comply with laws, rules, and regulations. Applicant did not present sufficient evidence of reform or changed circumstances to mitigate the security concerns raised by his drug abuse. Clearance is denied. CASE NO: 10-00454.h1


Financial

10/05/2010

Applicant received a Chapter 7 bankruptcy discharge in 1999. Thereafter, she accumulated 16 delinquent debts totaling more than $18,000. She claimed that she was making payments on two debts and disputed a third, but she provided no documentary evidence to support her claim. Eligibility for assignment to a public trust position is denied. CASE NO: 09-05709.h1


Financial

10/01/2010

Applicant provided no documentary evidence showing a medical account was addressed. He also failed to provide sufficient evidence regarding his protracted attempt to get his defaulted student loans into repayment. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 09-06180.h1


Foreign Preference; Foreign Influence

09/30/2010

Applicant was born in the United States of parents who were United States citizens. He acquired dual citizenship with the Republic of Ireland. He married a citizen of Uruguay, who resides with him in the United States. While Applicant mitigated foreign influence security concerns, he failed to mitigate concerns under the foreign preference adjudicative guideline. Clearance is denied. CASE NO: 09-08715. h1 DATE: 09/30/2010


Drugs; Personal Conduct

09/30/2010

Applicant is 31 years old and is employed by a defense contractor. He used marijuana repeatedly in 2007, while holding a security clearance. He was arrested in November 2007, for possession of drug paraphernalia. Applicant did not report his arrest or drug use to his employer's security office in accordance with standard procedures. Applicant failed to mitigate the Drug Involvement and Personal Conduct security concerns. Clearance is denied. CASE NO: 09-08000.h1


Drug involvement; Personal conduct

09/30/2010

After illegally using marijuana periodically from 1984 to 1988, Applicant stopped using the drug from 1988 to 1998 because he was granted a security clearance to work on classified projects. After surrendering his security clearance and being read out of classified projects in 1998, he resumed periodic marijuana use at varying frequencies from 1998 to at least August 2009. From late 2005 or early 2006 to July 2009, Applicant combined his marijuana use with periodic use of ecstacy. Unlike his definitive intentions against future ecstacy use, Applicant has not convincingly demonstrated he will use no marijuana in the future under any circumstances. Combined with an insufficient period of abstinence from illegal drug use, Applicant has not provided sufficient evidence to overcome his illegal marijuana use and rule violations. Eligibility for access to classified information is denied.


Finances, Personal Conduct

09/30/2010

Applicant is a highly successful businessman and certified public accountant who recently incurred four adverse judgments in excess of $6,870,000, all but $25,000 of which was related to business practices. A liability of over $5,340,000 was imposed during arbitration and adopted by the court on the basis of fraud. Rather than appeal, Applicant settled for a lower amount. The $25,000 liability was incurred when Applicant chose not to honor the stated value of an entertainment contract, but instead litigate the matter owed. Such business practices are incompatible with the conduct expected of those seeking access to sensitive information. Financial considerations security concerns remain unmitigated. Independent analysis under the guideline for personal conduct was obviated be cause they were integral to the findings under financial considerations. Clearance denied. CASE NO: 09-05963.h1


Financial Considerations

09/30/2010

Applicant had a significant period of unemployment between 2003 and 2004, adding to an already distressful financial situation. Since 2004, she has been continuously employed in several positions, but she provided scant evidence that she has addressed over $20,000 in alleged debt since that time. She has not recently received financial counseling, implemented a debt consolidation plan, or developed a written budget. With the burden squarely put on the Applicant in these cases, financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 09-05176.h1


Financial Considerations; Alcohol Consumption; Personal Conduct

09/30/2010

Applicant has mitigated the security concerns under the alcohol consumption guideline by the passage of time and responsible drinking. He did not falsify his 2009 security clearance application. He has mitigated the personal conduct security concern. Applicant has not mitigated the security concerns under the financial considerations guideline. He has paid several delinquent debts but he still has an unresolved judgment for $21,000 that is not in a repayment plan. He also has not started a repayment plan for a delinquent debt that totals approximately $8,000. He has not met his burden. Clearance is denied. CASE NO: 09-04036.h1


Personal Conduct; Use of Information Technology Systems

09/30/2010

Applicant is a 40-year-old employee of a defense contractor. He was a military officer before he received a dismissal as punishment from a general-court-martial for multiple false official statements to his commanding officer, violating a military general regulation by displaying and transmitting offensive material on government-provided computer hardware and networks, and adultery. Applicant did not mitigate the Personal Conduct and Use of Information Technology Systems security concerns. Clearance is denied. CASE NO: 09-03983.h1


Personal Conduct, Use of Information Technology Systems

09/30/2010

Applicant used his computer skills to hack into a neighbor’s computer system. He also hacked into a traffic signal sign and changed the message. The passage of time and Applicant’s age did not mitigate his actions. CASE NO: 09-03490.h1


Criminal Conduct, Financial Considerations, and Personal Conduct

09/30/2010

Applicant was discharged from the Army in 1991 with an Other than Honorable Discharge in lieu of a court martial. He attempted to smuggle captured enemy property into the United States. He was also convicted in 2005 of Unlawful Manufacture or Possession of Official Insignia. Applicant has delinquent debts that remain unresolved. He also falsified his e-QIP. Applicant failed to mitigate the security concerns under Guidelines J, Criminal Conduct; F, Financial Considerations; and E, Personal Conduct. Eligibility for access to classified information is denied. CASE NO: 09-01818.h1


Foreign Influence; Personal Conduct; Finances

09/30/2010

Applicant, who was born and raised in Iraq, immigrated to the U.S. and became a naturalized U.S. citizen in 2005. His wife is an Iraqi citizen who resides with Applicant in the U.S., and his mother and siblings are citizens and residents of Iraq. Because of the heightened risks that still exist in Iraq and the uncertain status and exposure of his immediate family members, foreign influence concerns are not mitigated. With no documented repayment efforts to his credit and uncertain payment prospects with his creditors, Applicant is also unable at this time to mitigate financial security concerns. And Applicant does not mitigate security concerns over his e-QIP omissions. Clearance is denied. CASE NO: 09-00569.h1


Alcohol; Financial

09/30/2010

Insufficient time as passed to demonstrate that Applicant, who has been diagnosed as alcohol dependent, can abstain from the use of alcohol. Moreover, Applicant failed to mitigate security concerns about his financial delinquency. Clearance is denied. CASE NO: 08-11834. h1


Financial; Personal Conduct; Criminal Conduct

09/30/2010

Applicant mitigated the criminal and personal conduct security concerns, but failed to mitigate the financial considerations security concern. Clearance is denied. CASE NO: 08-10397.h1


Financial

09/30/2010

Applicant received Chapter 7 bankruptcy discharges in 1995 and 2002. Since her last bankruptcy she has accumulated numerous delinquent debts that remain unresolved. Clearance is denied. CASE NO: 08-07536.h1


Financial

09/30/2010

In January 2010, Applicant filed for a Chapter 7 bankruptcy discharge, listing $126,461.44 in federal and state tax liabilities, $16,582.04 in delinquent medical debt, and $107,634.06 in unsecured consumer credit debt. While unemployment and illness led her to accrue much of the debt, she made some poor financial decisions that continue to cast doubt about her judgment. Eligibility for public trust position is denied. CASE NO: 08-04649.h1


Drugs; Personal Conduct; Criminal Conduct

09/30/2010

Applicant used marijuana 10-15 times in 2006 and 2007, including use after he submitted a security clearance application in January 2007. He was arrested and convicted of drug-related offenses in February 2007, but has not been involved with drugs since his arrest. He intentionally did not disclose his drug involvement on his security clearance application. Security concerns based on drug involvement are mitigated, but security concerns based on falsification of his security clearance application are not mitigated. Clearance is denied. CASE NO: 07-09380.h1


Financial

09/29/2010

Applicant has not mitigated the security concerns under the financial considerations guideline. He has approximately $50,000 delinquent debt that he has not resolved. He has no repayment plan. He has not met his burden. Clearance is denied. CASE NO: 09-08008.h1


Foreign Preference

09/29/2010

Applicant's possession and use of a valid foreign passport render her an unsuitable candidate for access to classified information. Clearance denied.


Financial

09/29/2010

Applicant is 50 years old. She began experiencing financial problems when her husband did not receive his pay for two months. Her mortgage is in foreclosure and her attorney is attempting to renegotiate the loan. She has not made payments on the mortgage since August 2009. She does not have any savings. She got behind on other bills and has resolved some and others she is paying reduced amounts. She does not have a budget or a solid financial management plan. Without a consistent record of responsible fiscal 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. CASE NO: 09-06147.h1


Alcohol

09/29/2010

Applicant has a lengthy history of excessive alcohol consumption. In September 2000 and September 2005, he was involved alcohol-related incidents with law enforcement and the courts. He received outpatient alcohol-related treatment and counseling. In 2007, he was diagnosed as alcohol dependent. He continues to consume alcohol. Eligibility for access to classified information is denied. CASE NO: 09-05496.h1


Sexual Behavior

09/29/2010

Applicant is 56 years old. Five years ago while accessing pornographic websites he may have downloaded child pornography. He was not searching for child pornography, and he did not intentionally access child pornography websites. He has not accessed any pornographic site in the past five years. Applicant mitigated the security concerns raised under Guideline D, Sexual Behavior. Clearance is granted. CASE NO: 09-05273.h1


Financial

09/29/2010

Applicant is a 30-year-old employee of a defense contractor. She incurred a number of delinquent debts while she was in college and shortly thereafter. She paid or settled seven debts and has a plan to address her remaining financial issues. She has mitigated any concerns about her finances. Clearance is granted. CASE NO: 09-04278.h1


Financial Considerations

09/29/2010

Applicant has six unpaid accounts placed for collection or charged off totaling about $31,000. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 09-04188.h1


Financial

09/29/2010

Applicant is 53 years old and is employed by a defense contractor. Applicant has five delinquent tax debts totaling $186,955. He failed to file state and federal income tax returns for four years. Applicant has not resolved any of these tax debts or filing requirements. Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 09-03740.h1


Financial

09/29/2010

Applicant owes delinquent state taxes of almost $26,000 due in part to his failure to file timely income tax returns for tax years 1998 through 2004. He has made no payments on his delinquent taxes since 2008 and is operating at a net monthly deficit of $700 as of March 2010. He is currently making payments on two student loans that had been delinquent. It is too soon to conclude that his financial problems are safely in the past. Clearance denied. CASE NO: 09-02461.h1


Financial

09/29/2010

Applicant is 40 years old and married with one child. He is currently employed by a defense contractor. Applicant had nine delinquent debts totaling $37,758. The earliest debt was from 2001. Applicant resolved seven debts and is working on the remaining two delinquent debts to pay them. Applicant mitigated the financial considerations security concern. Clearance is granted. CASE NO: 09-01043.h1


Foreign Influence

09/29/2010

Applicant is a 35-year-old engineer employed by a defense contractor. She was born in Iran and became a U.S. citizen in 2003. Her husband and children are U.S. citizens. Her parents, siblings, and in-laws are citizens and residents of Iran. They have no connection to the Iranian government. Applicant mitigated Foreign Influence trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 08-10099.h1


Personal Conduct; Security Violations

09/29/2010

Under Guideline E, Applicant's past and current service as a non-executive director of certain corporate boards does not demonstrate such questionable judgment that it should disqualify Applicant from access to classified information. But under Guideline K, Applicant's record of repeated security infractions is not mitigated. Clearance is denied. CASE NO: 04-12742.h1


Financial

09/28/2010

While Applicant satisfied four of her five delinquent debts, she failed to demonstrate a track record of financial accountability and to show she had resolved her longstanding financial problems. Clearance is denied. CASE NO: 09-07172.h1


Financial

09/28/2010

Applicant is 44 years old. He was issued a security clearance in 2004 conditioned upon him paying a large credit card debt. He failed to pay the debt. He incurred additional credit card and tax debts that are not paid. Applicant had numerous events that impacted his finances, but he failed to show he has acted responsibly in handling his finances. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-06224.h1


Drugs; Personal Conduct

09/28/2010

Applicant is a 35-year-old employee of a defense contractor. He used illegal drugs after submitting a security clearance application. He mitigated Personal Conduct security concerns, but he has not mitigated Drug Involvement concerns. Clearance is denied. CASE NO: 09-04598.h1


Alcohol; Criminal Conduct

09/28/2010

Applicant abused alcohol between 1999 and at least 2008. He was arrested for alcohol-related criminal conduct on numerous occasions. Information in support of his claims of sobriety and changed circumstances since then is not sufficient to mitigate the Government's security concerns. Clearance is denied. CASE NO: 09-03946.h1


Financial

09/28/2010

Applicant is 52 years old. He served in the Navy for 30 years, first as an enlisted person and then as an officer. Unbeknownst to him, his wife gambled and used numerous credit cards to obtain money. She also withdrew all of their money from their joint accounts. Applicant's daughter became pregnant and needed financial help. Until he retired, Applicant did not have the resources to repay his delinquent debts. Since retiring, he has reduced his debt by approximately $39,000. However, he still has a significant amount remaining. He has a detailed financial plan for resolving all of his debts and the resources to accomplish it. Applicant has paid some of his debt; some of it is in payment plans, and the remaining he intends to pay. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 09-03269.h1


Guideline B, Guideline F

09/28/2010

The record contains no documentary evidence which would corroborate Applicant claim that he had erected a corporate structure which shielded from liability for the debts. Furthermore, Applicant’s witness (who was not a lawyer) was not definitive on this point. The Judge was obliged to consider Applicant’s assertions, but he was not required to accept them. Adverse decision affirmed


Guideline C; Guideline B

09/28/2010

Applicant’s brief relies on an interview summary prepared by the security clearance investigator. The quoted language is not a judgment by the investigator, it merely summarizes Applicant’s assertion during the interview. Adverse decision affirmed.


Criminal Conduct; Personal Conduct; Alcohol

09/28/2010

Applicant has a history of arrests and charges between 1996 and 2009. Some are dated and alcohol-related. His recent charges, however, involve admitted child abuse offenses (felonies) that have suspended from prosecution pending Applicant's completion of his court-approved pre-prosecution diversion program. While Applicant appears to be making good progress with his diversion program, and with his work and schooling, it is too soon to make safe predictive judgments about his successful completion of the program and avoidance of any recurrent arrests in the future. Applicant mitigates alcohol concerns, and allegations that he falsified his 2008 security clearance application are unsubstantiated. Clearance is denied. CASE NO: 09-01130.h1


Use of Information Technology Systems; Handling Protected Information;

09/28/2010

Applicant's deliberate violation of security regulations protecting computer systems—made possible by his system administrator privileges—renders him an unsuitable candidate for access to classified information. Clearance denied.


Guideline J; Guideline F; Guideline E

09/28/2010

The Judge discussed the mitigating conditions and why they did not apply to the facts of this case. Applicant’s ability to argue for a different interpretation of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Drug Involvement

09/27/2010

Applicant, now 24 years old, started using marijuana with varying frequency in 2004. He has purchased the drug for personal use. He continues to use the drug and he has no intention to quit. His past and current drug use leaves drug involvement security concerns unmitigated. It also triggers the statutory prohibition in 50 U.S.C.  435c(b) against granting or renewing security clearances to current unlawful users of controlled substances. Clearance denied. CASE NO: 09-08292.h1


Financial; Personal Conduct

09/27/2010

Applicant accumulated 50 debts totaling $50,838, has an outstanding federal tax lien in the amount of $10,947, and an outstanding state tax lien in the amount of $5,947. He also failed to file federal and state tax returns for 2006, 2007, 2008, and 2009. His efforts to resolve his debts have been minimal and lack a showing of good faith. Additionally, he falsified his September 2008 security clearance application by failing to list his debts or tax liens. No mitigating conditions apply. Clearance is denied. CASE NO: 08-12134.h1


Foreign Influence

09/24/2010

Applicant is 58 years old. She and her husband emigrated from India to the United States in 1978 and became naturalized citizens in 1987. She and her husband have siblings who are citizens and residents of Indian. She also has siblings who are citizens and residents of the United States. Her children, their spouses, and her grandchildren are all citizens and residents of the United States. She and her husband have no assets in India and have substantial assets in the United States. Applicant mitigated the security concerns under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 10-00410.h1


Foreign Influence

09/24/2010

Applicant is 44 years old. She was born in Taiwan and immigrated to the United States. She has been a naturalized citizen of the United States since 2004. She is engaged to be married to an American citizen. Her mother, sister, and brother are citizens and residents of Taiwan. Applicant's contact with her family in Taiwan does not rise to the level of a security concern under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 09-06882.h1


Financial

09/24/2010

Applicant works for a defense contractor. He has 13 delinquent debts totaling $45,820 dating from 2006. Since July 2007 he has earned a substantial annual salary sufficient with which to resolve these debts. Applicant did not provide any evidence that he resolved or paid those debts. Applicant did not mitigate the financial security concern. Clearance is denied. CASE NO: 09-06725.h1


Financial

09/24/2010

Applicant's debts were discharged under Chapter 7 of the Bankruptcy Code in June 1999. His statement of reasons (SOR) listed 13 debts totaling $22,574. Applicant paid one SOR debt for $26, and successfully disputed one SOR debt for $341. He did not make any payments to any of the other 11 creditors. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-02878.h1


Financial Considerations; Personal Conduct

09/24/2010

Applicant acquired about $70,000 in delinquent debt while recuperating from surgery during five months in 2005. Applicant's evidence regarding his plan to repay the debts was deficient because he lacked proof that some of the checks he tendered had been transacted, and because a loan assumed for repayment of the remaining debts lacked specificity. Applicant mitigated security concerns regarding his personal conduct, but failed to mitigate security concerns regarding his finances. Clearance denied. CASE NO: 09-01765.h1


Personal Conduct

09/24/2010

Applicant's falsification of his clearance application, misappropriation and improper removal of government property, and vigilante vandalism render him an unsuitable candidate for access to classified information.


Alcohol; Personal Conduct

09/24/2010

Applicant continues to consume alcohol despite several detoxification treatments and her completion of a partial hospitalization program for diagnosed alcohol dependence in 2007. Alcohol consumption concerns are not mitigated, but personal conduct concerns were not established because Applicant did not deliberately falsify her September 2007 security clearance application. Clearance denied. CASE NO: 08-04344.h1


Drugs, Personal Conduct, Criminal Conduct

09/24/2010

Applicant's marijuana use and drug involvement concerns are mitigated because his marijuana use ended in 2005 and was not recent. However, Applicant intentionally omitted complete information about his marijuana use on his 2003 and 2006 security clearance applications. Personal conduct and criminal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 07-15020.h1


Drugs

09/23/2010

Applicant is 41 years old, married and has three children. He works for a defense contractor. Applicant used marijuana from 1987 to 1991 and from 1999 to 2009. He denies any future use. Applicant did not mitigate the drug involvement security concern. Clearance is denied. CASE NO: 09-08515.h1


Financial; Personal Conduct

09/23/2010

The Statement of Reasons alleges 15 delinquent debts amounting to more than $28,700, which started accruing approximately in 2003. Applicant paid several debts after receiving the SOR. The remaining debts are unpaid. She falsified her security clearance application by failing to disclose her delinquent debts and her termination from a job for inappropriate behavior. Applicant's request for a security clearance is denied. CASE NO: 09-06509.h1


Financial

09/23/2010

Applicant is 46 years old and has 32 delinquent debts that she recently included in her Chapter 13 bankruptcy filing. She was aware she owed these debts and did not take action to resolve them until she realized her job was in jeopardy. Despite knowing that about her unpaid debts she took vacation cruises and other trips. Applicant failed to mitigate the trustworthiness concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-04253.h1


Financial

09/23/2010

Applicant is a 48-year-old employee of a defense contractor. He overextended himself when he purchased more properties than he was able to manage. His unsecured debt soared and he was unable to pay the second mortgage on one of the properties. He settled that debt and brought all his other debts current. Applicant has mitigated Financial Considerations security concerns. CASE NO: 09-01576.h1


Foreign Preference; Foreign Influence

09/21/2010

Applicant was born in the Peoples Republic of China (PRC). He attended a U.S. university from 1993 to 1994, graduating with a master's degree. He subsequently stayed and worked in the United States. He became a U.S. citizen in 2008. His wife was born in the PRC. She is a naturalized U.S. citizen and their two children were born here. Three siblings are citizens and residents of the PRC. One sibling is a U.S. citizen, and resides there. His parents-in-law are citizens and residents of the PRC. The nature and scope of his relationships with the family members residing in the PRC is unknown. The depth of his connections to the United States is unclear. His Chinese passport was invalidated recently. Applicant mitigated the foreign preference concerns, but not the foreign influence concerns raised by family members residing in the PRC. Clearance is denied.


Financial

09/21/2010

After receiving a Chapter 7 bankruptcy discharge in 1997, Applicant accumulated numerous delinquent debts, unsatisfied judgments, and child support liens. He has resolved a delinquent car loan and is making payments on his child- support arrearages, but he has no viable plan to resolve his remaining delinquent debts. Clearance is denied. CASE NO: 09-08490.h1


Criminal Conduct; Sexual Behavior; Personal Conduct

09/21/2010

Applicant was convicted of indecent liberties with his 13-year-old sister-in-law. He was sentenced to 12 months in jail (suspended), placed on supervised probation for 10 years, and required to register as a sex offender. Clearance is denied. CASE NO: 09-05484.h1


Guideline F

09/21/2010

When an applicant admits the SOR allegations against him or the Government presents substantial evidence for the allegations, the burden shifts to the applicant to provide evidence in mitigation. Accordingly, the Judge did not err in his treatment of the burden of persuasion. Adverse decision affirmed. CASE NO: 09-03760.a2


Financial

09/21/2010

Applicant has had a history of overdue debts, the majority of which have been or are being resolved. While he failed to file tax returns for several years, he has now done so, and the returns indicate that his income was so low that it did not require that he pay taxes for the years in question. Mitigation has been shown. Clearance is granted.


Guideline F; Guideline E

09/21/2010

Error in the Judge’s findings of fact was not likely to have affected the outcome of the case. Therefore, it was harmless. Applicant failed to rebut the presumption that the Judge had considered all of the record evidence. Adverse decision affirmed. CASE NO: 08-11735.a1


Financial; Criminal Conduct

09/21/2010

Applicant failed to mitigate the security concerns raised by several arrests for domestic violence, and by his history of unpaid debts in excess of $20,000. Clearance is denied. CASE NO: 08-08373.h1


Foreign Preference, Foreign Influence

09/20/2010

Applicant immigrated to the United States from Iran in 1989 and became a naturalized citizen in 2005. In 2006, she renewed her Iranian passport to facilitate visits to her family in Iran. She is close to her family and adamant that she continue visiting Iran on her foreign passport, although she has also made arrangements to rendezvous with family members in other countries. Given her continued use of an Iranian passport to visit her relatives, foreign preference and foreign influence security concerns remain unmitigated. Clearance denied. CASE NO: 09-06862.h1


Financial

09/20/2010

Applicant acquired over $63,000 in delinquent debt due to her failure to stay current on a home equity loan on her primary residence, and her neglect of a credit card while on unpaid leave in 2006 tending to an ill infant. She has yet to execute firm repayment plans or establish a record of consistent payment on these accounts. She admitted she is living paycheck-to-paycheck and she has not received financial counseling. With the burden squarely put on the Applicant in these cases, financial considerations security concerns remain. Clearance denied. CASE NO: 09-01551.h1


Information Technology, Security Violations, and Personal Conduct

09/20/2010

Applicant carried classified information to his supervisor's home, which was not cleared to store classified information. He also viewed, copied, and stored classified data on his computer, which was not approved for storage of classified information. He failed to notify his FSO or supervisor of any of these actions. Clearance is denied. CASE NO: 09-00905.h1


Guideline H; Guideline E

09/20/2010

The Guideline E allegations in this case pertained to Applicant’s drug use, not falsification. Nevertheless, the Judge erroneously limited her analysis of the Guideline E mitigating conditions to those that pertain to falsification. However, in light of the Judge’s sustainable formal findings under Guideline H, this error is harmless. Adverse decision affirmed. CASE NO: 08-11596.a1


Alcohol, Personal Conduct

09/20/2010

Applicant did not mitigate security concerns raised under alcohol consumption and personal conduct. Clearance is denied. CASE NO: 08-09882.h1


Personal Conduct

09/20/2010

Applicant failed to mitigate security concerns under the personal conduct adjudicative guideline. Clearance is denied. CASE NO: 08-06035.h1


Financial Considerations; Personal Conduct

09/17/2010

Applicant's debts were discharged under Chapter 7 of the Bankruptcy Code in March 2001. Her statement of reasons (SOR) listed 17 debts totaling $40,260. She resolved all of her SOR debts, except one debt, which is in a payment plan. She failed to disclose any delinquent debts and her May 25, 2008 arrest on her security clearance application. Financial considerations are mitigated; however, personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-06544.h1


Personal Conduct; Criminal Conduct

09/17/2010

Applicant committed numerous acts of misconduct, much of it alcohol-related, from 1979 to May 2006. He illegally used controlled substances from 1980 until April 2004. He intentionally failed to disclose three alcohol-related arrests and illegal use of controlled substances when he submitted security clearance applications in October 2002 and April 2003. He intentionally did not disclose the extent of his drug use when he submitted a sworn statement to a security investigator in July 2003. He intentionally did not disclose his drug use when he submitted an application for SCI access in April 2004. Clearance is denied. CASE NO: 09-03383.h1


Drugs; Personal Conduct

9/17/2010

The Applicant has used marijuana while holding a security clearance from 1981 to 1989, 2000 to 2008. He also has an arrest for indecent exposure in 1999, for which he is still required to register as a sex offender. Sufficient mitigation is not shown. Clearance is denied. CASE NO: 08-08142.h1


Financial Considerations and Personal Conduct

09/15/2010

Applicant has a long history of financial indebtedness. She currently has 27 delinquent debts, and has failed to submit proof that any of them are satisfied. In addition, she falsified information on her Security Clearance Application. She has not mitigated the Financial Considerations and Personal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 9-08489.h1


Financial

09/15/2010

Applicant defaulted on three real estate mortgages and the properties were sold through short sales or turned over to the lender. He is also in the process of defaulting on two more real estate mortgages. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05313.h1


Financial Considerations

09/15/2010

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:09-03667.h1


Criminal Conduct, Alcohol Consumption, Personal Conduct

09/15/2010

Applicant has mitigated the Criminal Conduct, Alcohol Consumption, and Personal Conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 09-03658.h1


Guideline F; Guideline E

09/15/2010

Applicant submitted new evidence on appeal, which the Board cannot consider. Applicant made no assertion of harmful error. Adverse decision affirmed. CASE NO: 09-03253.a1


Finances

09/15/2010

Applicant acquired over $9,000 in delinquent debt. She chose to gamble although her personal finances were strained. Although she ultimately paid one debt for $187, she chose to wait until her remaining debts fell off her credit report, rather than address them. Applicant failed to mitigate financial considerations security concerns. Clearance denied. CASE NO: 09-02838.h1


Information Technology; Personal Conduct

09/15/2010

On February 28, 2008, 17 days after Applicant left his employment with corporation B, a classified document was discovered in Applicant's former office at corporation B. He also engaged in inappropriate behavior in the workplace. Handling protected information and personal conduct concerns are not mitigated at this time. Eligibility for access to classified information is denied. CASE NO: 09-01617.h1


Guideline E; Guideline H; Guideline J

09/15/2010

Applicant’s argument on appeal did not establish that the Judge mis-weighed the record evidence. The Government does not have to demonstrate that Applicant’s access to classified information would pose an imminent threat to national security before denying a clearance. Adverse decision affirmed. CASE NO: 09-01515.a1


Personal Conduct

09/15/2010

Applicant supplied an individual from a foreign Government with a proprietary document in 1983. In 1994 and 2000, he failed to honestly identify this act on Government Security Applications. At the hearing, Applicant exhibited sincere remorse, and based on his long, illustrious career, and the extremely positive testimony of his witnesses, it is unlikely that such conduct will ever reoccur. Mitigation has been shown. Clearance is granted.


Guideline F; Guideline E

09/15/2010

Applicant did not allege harmful error by the Judge. Instead, she submitted new evidence, which the Board cannot consider. The Board has authority to decide a case only when the appealing party has alleged harmful error. Adverse decision affirmed. CASE NO: 08-05379.a2


Personal Conduct; Financial

09/15/2010

Applicant has over $25,000 in past due debts, some of which have been due and owing since 2001. He has no plan to pay or resolve the debts. Falsification allegation was mitigated. Evidence does not support granting a security clearance. Clearance is denied.


Financial

09/14/2010

Applicant has not mitigated the security concerns under the financial consideration guideline. He has not resolved his delinquent debts which total approximately $47,000. Clearance is denied. CASE NO: 10-00611.h1


Financial Considerations

09/14/2010

Forty-six-year-old Applicant did not timely file state or federal income tax returns during the tax years 1999 through 2007, and failed to pay the necessary income taxes above those amounts withheld. He currently owes the IRS $64,729.57, including unpaid income taxes, interest, and penalties. After receiving the SOR, he filed his federal tax returns and has made one payment under his IRS-approved installment agreement. The record is silent regarding his state income tax balance. By failing to timely file his federal income tax returns over nearly a decade, Applicant violated Title 26, United States Code, Sec. 7203. The variety of explanations he furnished for his lengthy period of inaction, indicate a lack of candor on his part, and reflect traits which raise concerns about his fitness to hold a security clearance. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Guideline G; Guideline H; Guideline J

09/14/2010

Applicant point to statements and questions by the Judge which were inconsistent with the decorum normally anticipated in the courtroom. Nonetheless, they ar insufficient to rebut the presumption that the Judge’s ultimate decision was based on the record evidence. Adverse decision affirmed.


Financial

09/14/2010

Applicant has not mitigated the security concerns under the financial consideration guideline. He has not resolved his delinquent debts which total approximately $20,000. He did not timely file his 2007 and 2008 federal and state income tax returns. Clearance is denied. CASE NO: 09-06531.h1


Guideline H

09/14/2010

The Board need not agree with a Judge’s decision in order to find it sustainable. Favorable decision affirmed.


Finances

09/14/2010

During multiple periods of unemployment, Applicant acquired seven delinquent debts. He recently paid five of those debts and is in repayment on the remaining two. While he started repayment on one of the debts recently, the other debt has been in repayment for over a year. Although Applicant's efforts to address these debts has been recent, they have been effective and his ability to address them was affected by his inability to obtain steady employment. He now has a stable job and has demonstrated both his willingness and ability to meet his remaining financial obligations. Applicant mitigated financial considerations security concerns. Clearance granted. CASE NO: 09-04394.h1


Financial

09/14/2010

The Internal Revenue Service (IRS) filed two separate tax liens against Applicant. The first was filed in October 1995 for $10,354 and the second was filed in April 2009 for $23,618. The IRS released the first lien in December 2009 because the statute of limitations' period for enforcement had elapsed, rendering the debt legally unenforceable. The second lien is still owed to the IRS. Applicant made no documented effort to pay the first lien and made an insignificant effort to resolve the second lien. No mitigating conditions apply. Clearance is denied. CASE NO: 09-03992.h1


Guideline E, Guideline H

09/14/2010

Applicant repeatedly lied to the government over a period of 16 years. The favorable evidence cited by Applicant is not sufficient to demonstrate error. Adverse decision affirmed.


Financial; Personal Conduct

09/13/2010

Applicant accrued about $15,000 in delinquent debts due to uninsured medical problems and his own financial mismanagement. Despite the uncontrolled events underlying some of his financial problems, Applicant has not acted responsibly to resolve even the smallest debts he has owed for several years. Between 1993 and 2005, Applicant was repeatedly charged with misdemeanor crimes relating to issuing bad checks. He has not demonstrated that his finances have improved so that he will avoid future debts or financial malfeasance. When he submitted his SF 85P, he deliberately withheld information about his debts and his arrests. Clearance is denied. CASE NO: 09-03460.h1


Alcohol

09/13/2010

Applicant is a 27-year-old employee of a defense contractor. He has not mitigated the security concerns raised by his alcohol-related arrests and convictions. Clearance is denied. CASE NO: 08-08530.h1


Criminal; Financial

9/10/2010

The Applicant has shown that his single incident of criminal conduct was unique, and that he has taken steps to make sure it does not happen in the future. The Applicant has made a good-faith effort to resolve his past due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 09-00746.h1


Alcohol; Criminal Conduct

09/10/2010

Applicant's alcohol consumption has resulted in two Non-Judicial Punishments under Article 15 of the UCMJ, and one arrest and Nolo Contendere plea for resisting arrest. While Applicant continues to consume alcohol, his consumption has been greatly reduced. Mitigation has been shown. Clearance is granted.


Foreign Influence; Foreign Preference

09/10/2010

Applicant is 50 years old and employed as a Architect by a defense contractor. His foreign contacts that include his mother and father in Iran pose a security risk. His dual citizenship shows evidence of a foreign preference. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 08-11799.h1


Financial

09/09/2010

After multiple periods of unemployment and a year on disability from July 2007 through November 2008, Applicant acquired significant delinquent debt. With a net monthly remainder of approximately $148, he is currently unable to make any payments on his 32 debts. Applicant failed to mitigate financial considerations security concerns. Clearance denied. CASE NO: 09-04651.h1


Guideline H; Guideline G

09/09/2010

Department Counsel cross-examined Applicant on inconsistent statements contained in the record evidence. Even though not alleged in the SOR, these statements could be considered on the issues of Applicant’s credibility, his evidence in mitigation, and his claims of rehabilitation. Adverse decision affirmed. CASE NO: 08-09232.a1


Guideline F; Guideline E

09/09/2010

The Judge properly examined the entire record in making his finding that Applicant’s omissions to the SCA were deliberate. Applicant failed to rebut the presumption that the Judge considered all of the record evidence in rendering his unfavorable decision. Adverse decision affirmed. CASE NO: 08-05637.a1


Financial

09/08/2010

Applicant's ex-wife caused two cars to be repossessed. He settled the deficiency balance on one car loan, and he entered into a stipulated judgment to settle the second loan. Applicant has mitigated Financial Considerations security concerns. CASE NO: 10-00460.h1


Financial

09/08/2010

Applicant purchased a $750,000 home, even though he was earning only about $60,000 per year. When he lost his anticipated additional income from other sources, he fell behind on his mortgage payments, had two judgments entered against him for unpaid homeowners' association dues, failed to pay a medical bill and a cable bill, and fell behind on his student loans. He satisfied the judgments, paid the medical bill and cable bill, and is in a rehabilitation program for his student loans. He has not resolved the delinquent home mortgage. Clearance is denied. CASE NO: 09-06448.h1


Drugs; Personal Conduct

09/08/2010

Applicant is a 43-year-old woman, who illegally used cocaine from 1992 to 1993, and again in February 2009. She intentionally failed to disclose her illegal drug use on her security clearance application in April 2009 and during a May 2009 interview. She also concealed her history of alcohol and substance abuse from her physician since 2003. She did not mitigate the security concerns raised under the guidelines for personal conduct and drug involvement. Clearance is denied.


Financial

09/08/2010

Applicant is a 30-year-old employee of a defense contractor. He overextended himself financially when he bought three properties in a short period. He lost one of the properties to foreclosure. He has not resolved the deficiencies owed on the first and second mortgages on the foreclosed property. Clearance is denied. CASE NO: 09-05252.h1


Foreign Influence

09/08/2010

Applicant was born in the Peoples Republic of China (PRC) and is a naturalized U.S. citizen who has lived in the United States since 1988. Her mother is a citizen of China who resides in China for part of the year. Applicant's brother, sister and their spouses are residents and citizens of the PRC. Applicant visited the PRC in 2004 for her father's illness and funeral. Applicant has not mitigated security concerns under the foreign influence guideline because of the nature of the PRC government. Clearance is denied. CASE NO: 09-05109.h1


Alcohol

09/08/2010

Applicant failed to mitigate security concerns arising from his alcohol consumption. Clearance is denied. CASE NO: 09-04814. h1


Financial; Drugs

09/08/2010

Applicant used marijuana between 2002 and 2006, but also used it on one occasion in 2008. Her change of personal and professional circumstances makes it unlikely she will use illegal drugs again. Applicant also accrued about $20,000 in delinquent debt beginning in about 2001. Although her current finances are stable, most of her past debts remain unpaid, and she could not show how she will pay or otherwise resolve her debts. Clearance is denied. CASE NO: 09-04018.h1


Alcohol; Drugs; Criminal Conduct; Personal Conduct

09/08/2010

Applicant has used marijuana extensively since about 1999, with his last documented use less than a week before his subject interview with a Government investigator in February 2009. Applicant has also abused alcohol since about 1998, which has resulted in at least four arrests for or charges of criminal conduct between 2004 and 2007. Applicant still drinks, at times to excess, and he did not present any information that would refute, extenuate, or mitigate the resulting security concerns about personal conduct, criminal conduct, alcohol consumption, and drug involvement. Clearance is denied. CASE NO: 09-03000.h1


Financial; Personal Conduct

9/8/2010

The Applicant has made a good-faith effort to pay his past due indebtedness. He has shown sufficient rehabilitation. Personal conduct allegation was withdrawn. Clearance is granted. CASE NO: 08-10075.h1


Financial

09/07/2010

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:09-01280.h1


Drugs; Personal Conduct

09/07/2010

Applicant is a 26-year-old employee of a defense contractor. He used illegal drugs while holding a security clearance. He mitigated Personal Conduct concerns, but he has not mitigated Drug Involvement security concerns. Clearance is denied. CASE NO: 08-10711.h1


Guideline F; Guideline E

09/02/2010

Judge did not err in concluding that Applicant’s having failed to permit inquiry into his IRS records raised Guideline E security concerns. Applicant failed to meet his burden of persuasion regarding security concerns arising from his failure to cooperate, his omissions from the SCA, and his delinquent debts. Adverse decision affirmed. CASE NO: 09-06260.a1


Guideline G; Guideline E

09/02/2010

Applicant was previously denied a security clearance. The decision to permit him to reapply did not equate to a favorable adjudication on those allegations addressed in his prior case. Furthermore, the Government is not estopped from reconsidering the security significance of past conduct. Adverse decision affirmed. CASE NO: 06-10859.a1


Foreign Influence; Foreign Preference

09/01/2010

In 1971, Applicant was born in Hong Kong. In 1991, she immigrated to the United States. In 1997, she became a U.S. citizen. Her husband and daughter are U.S. citizens. However, her mother-in-law lives in Hong Kong, and over the last two years her father-in-law has spent more than eight months in Hong Kong. Her parents-in-law currently live in Hong Kong as permanent residents. Her parents-in-law provided substantial financial support to Applicant's family. Applicant traveled to Hong Kong in 2005 and 2008. Foreign preference concerns are mitigated; however, foreign influence concerns are not fully mitigated at this time. Access to classified information is denied. CASE NO: 09-03493.h1


Financial

09/01/2010

Applicant accumulated a number of delinquent debts during periods of disability, unemployment, and underemployment. After working with their creditors and falling farther behind with their bills amidst a depressed real estate market, he and his wife petitioned for Chapter 7 bankruptcy in 2009. They received their discharge and have paid off or are current with the vehicle loans they excluded from their bankruptcy. Applicant is highly regarded by his supervisors, colleagues, and family. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 09-02230.h1


Foreign Preference

09/01/2010

Applicant (a naturalized U.S. citizen) has immediate family members (her brother and two sisters) who were born and raised in Taiwan and are all naturalized citizens of the U.S. Applicant renewed her expired Taiwan passport to vote in Taiwan's 2008 presidential election to honor the wishes of her dying father. She has since destroyed her Taiwan passport and expressed her willingness to renounce her Taiwanese citizenship. Based on her clear demonstration of U.S. preference and strong public and private contributions in the U.S., she mitigates foreign preference concerns. Clearance is granted. CASE NO: 09-02127.h1


Criminal Conduct, Personal Conduct

08/31/2010

Applicant stole computer equipment from his employer between 2004 and 2005. At the time, he was a single parent raising two children, and was clinically depressed. He was terminated but not prosecuted. He hired an attorney to work out a restitution plan, but the employer did not pursue it. Applicant was candid about his actions throughout the security process. He is now married, under professional care, and taking medication for his depression. Five years have passed, and a recurrence is unlikely. Clearance is granted. CASE NO: 10-01638.h1 DATE: 08/31/2010


Financial

08/31/2010

Applicant is a 40-year-old employee of a defense contractor. His finances were stable before a series of events that were beyond his control. He filed Chapter 13 bankruptcy to address his debts. He has mitigated Financial Considerations security concerns. CASE NO: 09-08012.h1


Drugs; Financial

08/31/2010

Applicant is 37 years old. He used marijuana on average two to three times a year from 1990 until New Year's Eve 2009-2010. He completed his security clearance application in August 2009 and was interviewed by an Office of Personnel Management investigator in October 2009. He indicated during his interview he was not certain if he would use marijuana in the future and would have to make a decision on a case-by- case basis. On New Year's Eve 2009, he again used marijuana. He recently indicated his intention not to use it in the future. Applicant did not file his federal and state income tax returns for tax years 2004, 2006, 2007, and 2008. He believed his income was below the threshold for filing in 2004, 2006, and 2007. However, in 2008, he admitted he was busy and did not have the money to pay his taxes, so did not file. He filed and paid his delinquent tax returns in May 2010. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement, and Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-07998.h1


Alcohol

08/31/2010

Applicant's 20-year history of excessive alcohol use resulted in DUI convictions in 2004 and 2008. He attended an alcohol treatment program and was diagnosed as alcohol-dependent. He wishes to remain abstinent, but relapsed three times during his treatment. His attendance at AA is not consistent, he has not obtained a sponsor, and has not participated in the 12-step program. His counselor recommends him for a higher level of alcohol treatment. Applicant has failed to allay the security concerns under Guideline G. Clearance is denied.


Financial

08/31/2010

Applicant's ongoing financial difficulties render him an unsuitable candidate for access to classified information. Clearance denied.


Personal Conduct, Drugs, Criminal Conduct

08/31/2010

Applicant is a 57-year-old man, who has illegally purchased and used marijuana from 1975 to 2008, including while holding security clearances. He intentionally failed to disclose his illegal drug use in security clearance applications in 1992, 2000, 2006, and 2008, and in a sworn statement in 2002. He did not mitigate the security concerns raised under the guidelines for personal conduct, drugs, and criminal conduct. Clearance is denied.


Finances

08/31/2010

Applicant acquired significant delinquent debt in the mid-2000s. Most of that debt remains unresolved or unaddressed, leaving financial considerations mitigating conditions unmitigated. She mitigated personal conduct security concerns, however, because her failure to enumerate her delinquent debts and judgments on her security clearance application was an oversight, not an intentional omission. Clearance denied. CASE NO: 09-06540.h1


Drugs

08/31/2010

Applicant mitigated the security concerns raised by his marijuana use by demonstrating his changed circumstances and intent to abstain from drug use in the future. Clearance granted.


Financial

08/31/2010

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


Sexual Behavior, Personal Conduct

08/31/2010

Applicant engaged in extramarital affairs from 1989 to 2009. During that time, he held a security clearance first as a military officer and later as a civilian. He did not disclose the extent of his affairs to his wife, supervisor, or security officer until 2010 when his periodic reinvestigation was due. He repeatedly violated his family's trust and the government's. Clearance is denied. CASE NO: 09-05820.h1


Foreign Preference

08/31/2010

Applicant failed to mitigate the security concerns generated by his possession of a foreign passport. Clearance is denied. CASE NO: 09-05158.h1


Alcohol

08/31/2010

Applicant has a history of excessive alcohol consumption dating back to 1979. He completed an alcohol rehabilitation program in March 1992 but resumed drinking in 2003. He was convicted of driving while intoxicated (DWI) in March 2008. He has abstained from alcohol since May 2008 and has been receiving counseling since September 2008. He was on supervised probation for his DWI until July 2010. Clearance is denied. CASE NO: 09-05059.h1


Criminal Conduct

08/31/2010

Applicant was involved in an incident in 2008, in which he was arrested and charged with committing battery on his ex-wife. Applicant denied he committed battery, as did his ex-wife in letters that she wrote, which were submitted by Applicant. The police report contrasted with their denials, but Applicant ultimately plead Nolo Contendere to the charge of Battery on Person, a Misdemeanor. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

08/31/2010

Applicant had unresolved financial problems when he retired from the military in December 2003. He incurred additional delinquent debts while operating his auto repair business between December 2003 and February 2008. He exercised good judgment in December 2008 by filing a Chapter 13 bankruptcy petition. However, the petition was dismissed eight months later after he was unable to maintain the payment schedule. His evidence in mitigation of satisfying three delinquent debts, and making payments on other delinquent debts in order to bring them to a current status, is insufficient to surmount the adverse evidence under the financial guideline. The record fails to show he deliberately concealed information from his security form in February 2009. Eligibility for access to classified information is denied.


Guideline F

08/31/2010

Applicant made no assertion of harmful error. Rather, he submitted new evidence, which the Board cannot consider. Adverse decision affirmed.


Guideline G; Guideline E; Guideline J

08/31/2010

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. The record provides no reason to conclude that Applicant's pro se status denied him due process. Adverse decision affirmed.


Financial

08/31/2010

Applicant filed for Chapter 7 bankruptcy in 2005 and accumulated three delinquent debts totaling $11,534 after his bankruptcy discharge. His indebtedness is attributable to his wife's indiscriminate spending habits and gambling problems. Applicant and his wife have since separated and divorce is pending. Applicant retained the services of a debt consolidation firm and is repaying his creditors. Considering the corrective action Applicant has taken and taking into account the whole-person, Applicant has mitigated the security concerns raised. Clearance is granted. CASE NO: 09-00957.h1


Financial

08/31/2010

Applicant mitigated the government's financial considerations security concern. Clearance is granted. CASE NO: 09-00819.h1


Foreign Preference; Foreign Influence

08/31/2010

Applicant is a citizen of Slovakia, and retains that citizenship in order to protect pension or retirement rights. Foreign preference concerns have not been overcome. Clearance is denied.


Financial Considerations

08/30/2010

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:10-00411.h1


Financial

08/30/2010

Applicant is 31 years old and employed as a Logistics Analyst by a defense contractor. His history of excessive indebtedness caused by leaving the Navy, his inability to find a good paying job that would support his family, and his misuse of credit cards, has been mitigated by sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-08321.h1


Financial

08/30/2010

Applicant is a 49-year-old employee of a defense contractor. He overextended himself financially when he bought four properties in a short period. He lost all the properties to foreclosure and has delinquent credit card debt. He did not provide sufficient evidence to mitigate the security concerns raised by his history of not meeting his financial obligations. Clearance is denied. CASE NO: 09-04745.h1


Financial

08/30/2010

Applicant fell behind on 22 separate debts totaling $48,106 following a separation, divorce, and cross-country move to begin a new job. He has since contacted his creditors and paid, settled, or worked out payment plans with his creditors. Applicant has successfully challenged the validity of five debts. His monthly budget reflects that he is living within his means and remains current on his monthly bills. Applicant has mitigated security concerns raised. Clearance is granted. CASE NO: 09-04670.h1


Financial

08/30/2010

Applicant is a 39-year-old employee of a defense contractor. He purchased a house for a friend when the friend could not qualify for a mortgage. The friend was supposed to make the mortgage payments but stopped after several months. Applicant took out a $20,000 loan to make the back payments with the friend's verbal agreement that the friend would pay the loan. He did not, and a judgment was obtained against Applicant. Applicant has made no effort to pay the judgment. Clearance is denied. CASE NO: 09-04520.h1


Financial Considerations

08/30/2010

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:09-04500.h1


Finances

08/30/2010

Applicant started a home improvement business in 2007. A souring economy and local real estate market adversely affected his business. In about six months, he returned to more stable employment. His salary increased in 2008 and he started addressing acquired delinquent debt in 2009. Now current on his mortgage, he is negotiating a settlement on a car-related debt, and has satisfied his other delinquent debts. Applicant, now living within his means, satisfied financial considerations security concerns. Clearance granted. CASE NO: 09-04390.h1


Financial

08/30/2010

Applicant mitigated the financial considerations security concerns created by the short sale of his home and the resulting second mortgage deficiency. Eligibility for access to classified information is granted. CASE NO: 09-03510.h1


Financial

08/30/2010

Applicant is 45 years old and employed as a Director of Business and Product Development by a defense contractor. His excessive indebtedness caused by a divorce and advice from his attorney to wait to pay the marital debts according to court order, has been mitigated by sufficient evidence of reform and rehabilitation. The Applicant has paid his debts or otherwise resolved them. Clearance is granted. CASE NO: 09-02428.h1


Handling Protected Information; Personal Conduct

08/30/2010

Applicant violated the Department of Defense's regulations for the safeguarding of classified information while employed as a document control specialist. In October 2002, her careless handling of a classified document led to it being vulnerable to compromise for six days. She failed to properly secure a closed area in April 2001, April 2004, September 2004, and June 2005. Her pattern of inadvertent security violations raises considerable doubts about whether she can be counted on to address security responsibilities with the care and attention required. Applicant deliberately omitted her use of marijuana from 1974 to mid-1995 and of cocaine from 1986 to mid-1995 from her May 1997 security clearance application. Clearance denied. CASE NO: 09-00274.h1


Sexual Behavior; Criminal Conduct; Personal Conduct

08/30/2010

Applicant's sexual abuse of his stepdaughter raises security concerns that he failed to mitigate. Clearance is denied. CASE NO: 08-10404.h1


Alcohol

08/30/2010

Applicant is 55 years old and employed as a Project Manager by a defense contractor. Applicant's history of alcohol consumption from 1973 to at least September 2008 that includes three arrests for Driving Under the Influence of Alcohol and one arrest for Drunk in Public, has not been mitigated by sufficient evidence of reform and rehabilitation. Applicant continues to consume alcohol and has not stopped for any period of time. Clearance is denied. CASE NO: 08-09898.h1


Criminal Conduct; Personal Conduct

08/30/2010

Applicant mitigated the security concerns raised by his criminal conduct in the early 1990s by the passage of time, his relocation to the opposite coast, and his lifestyle changes. Clearance granted.


Sexual Behavior; Personal Conduct; Criminal Conduct; Financial

08/30/2010

Applicant has mitigated the single instance of alleged sexual behavior, with its related personal conduct and criminal conduct allegations. He has also mitigated the financial concerns. Clearance is granted.


Financial; Use of Information Technology Systems

08/30/2010

Applicant is 47 years old and employed as a Flight Test Instrumental Technician by a defense contractor. His history of financial indebtedness is being resolved. His misconduct in 2003, involving his accessing of pornographic web sites, during work hours on his company computer, has been mitigated by time, and, by a renewed awareness for DoD and company policy and procedure compliance. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 08-04795.h1


Financial Considerations

08/27/2010

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:09-00968.h1


Financial

08/27/2010

On Remand. 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. CASE NO: 08-11940.h2


Drugs

08/26/2010

Applicant is 45 years old. He used marijuana with varying frequency from 1989 until July 2009. He decided to abstain because of the consequences in obtaining a security clearance and he felt he was getting too old. In light of Applicant’s 20-year drug history, an insufficient period of time has elapsed to conclude Applicant’s abstinence is permanent and he will no longer associate with those he used drugs with in the past. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement. Clearance is denied. CASE NO: 10-00311.h1


Financial

08/26/2010

Applicant accumulated 16 separate debts totaling $14,510. The debts alleged are primarily for medical bills that arose when Applicant did not have adequate health care insurance as a result of being underemployed or unemployed. He has retained the services of a debt consolidation firm and enrolled his debts in their program. He pays that firm through direct debit and they in turn are paying down his creditors. Applicant has since paid or resolved all of the debts alleged. He is living within his means and regained financial responsibility. Clearance is granted. CASE NO: 09-07550.h1


Financial

08/26/2010

Applicant lost her job in November 2008. She accumulated 10 delinquent debts totaling $35,433 between November 2008 and June 2009. During the period, she also was indebted to a bank creditor for a first real estate mortgage in the amount of $215,000, and a second real estate mortgage for $53,876. Applicant's case in mitigation is insufficient to meet her ultimate burden of persuasion under the financial guideline. Eligibility for access to classified information is denied.


Foreign Influence; Finances; Personal Conduct

08/26/2010

Applicant regularly visits and maintains monthly telephonic contact with several close family members in Pakistan. He also has a number of negative entries noted on his credit report. Applicant provided scant information regarding his family contacts and no documentation regarding the status of his alleged debts, but he showed that he did not intentionally conceal his debts when he completed his security clearance application. Applicant mitigated personal conduct security concerns, but failed to mitigate security concerns related to foreign influence and financial considerations. Clearance denied. CASE NO: 09-05018.h1


Guideline B; Guideline F

08/26/2010

Board cannot address issues on appeal because file is missing both Government and Applicant exhibits. The Board remands to the case to the Judge to produce a complete record. Adverse decision remanded.


Guideline F

08/26/2010

Applicant failed to demonstrate that the Judge mis-weighed the record evidence. The Board has no authority to grant Applicant a probationary security clearance. Adverse decision affirmed.


Guideline F; Guideline E

08/26/2010

The Judge exceeded the scope of the remand order by reopening the record and taking in new evidence, although the order directed only a new decision. Judge erred in concluding that Applicant had met his burden of persuasion as to mitigation regarding his delinquent debts. Favorable decision reversed.


Criminal Conduct

08/25/2010

Applicant, a former federal law enforcement officer, was convicted of carrying a concealed weapon after he and two friends were involved in a late-night altercation. Clearance is denied. CASE NO: 09-02752.h2


Financial Considerations; Personal Conduct

08/25/2010

Applicant's debts were discharged under Chapter 7 of the Bankruptcy Code in December 1999. His statement of reasons (SOR) listed 18 debts totaling $20,025. He disputed three debts and 15 debts totaling $18,293 are not resolved. Applicant stole telephone services, made a false sworn statement to a criminal investigator, forged a lieutenant colonel's signature, falsified a security clearance application, lied to a Defense Security Service (DSS) special agent, and used cocaine while holding a security clearance. Financial considerations and personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-01497.h1


Foreign preference; foreign influence

08/25/2010

Applicant works for a defense contractor. He was born in Iran and came to the United States when he was six years old. He grew up here and obtained his education in the United States. He retained his Iranian passport after becoming a U.S. citizen in 2000. He then renewed his Iranian passport and used it to travel with his family to Iran to visit his grandmother in 2000 and 2009. He was granted a security clearance in 2005 and renewed his Iranian passport traveling, to Iran after that event. He did not surrender for destruction the Iranian passport until nine months after his hearing. Applicant did not mitigate the foreign preference and foreign influence security concerns. Clearance is denied. CASE NO: 08-06559.h1


Financial; Criminal Conduct; and Personal Conduct

08/24/2010

Applicant has not mitigated the security concerns under the financial considerations guideline. He has not presented proof of payment for a repayment plan on two charged-off mortgage accounts totaling almost $220,000. He has not mitigated the criminal conduct concern based on his 2009 criminal charges. He has a history of deceptive conduct and has not mitigated the personal conduct concerns based on his intentional omission in a 2009 DOHA interrogatory. Clearance is denied. CASE NO: 09-07105.h1


Guideline E; Guideline L

08/24/2010

Applicant's presentation sufficient to mitigate Guideline E security concerns arising from omission to SCA. Record supports a favorable whole-person analysis. Favorable decision affirmed.


Criminal Conduct; Financial

08/24/2010

Between 1992 and 2007, Applicant was charged with five counts of passing worthless checks. In 2007, she also pleaded guilty to second degree theft for taking state unemployment benefits when she had already been working for two months. She was given two years probation instead of a three-year jail sentence provided she make restitution. In 2009, her probation was extended three years because she had failed to comply with the court-ordered payments. Applicant failed to present sufficient information to mitigate the resultant adverse security inferences about her criminal conduct and finances. Clearance is denied. CASE NO: 09-04748.h1


Financial

08/24/2010

Applicant is 37 years old. In 2002 to 2003 he was unemployed for six months. During that time and since then he accumulated more than $57,000 in delinquent debts. He has not paid these debts. When completing his security clearance application he disclosed he had a charged-off account, a repossession that he had paid in full, and a debt for $221. He failed to disclose the seven large delinquent debts for more than $57,000. His explanation for his failure to disclose the number and magnitude of his debts was not believable. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct and Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-04564.h1


Guideline E; Guideline F; Guideline B; Guideline L

08/24/2010

Applicant failed to mitigate security concerns arising from his Egyptian relatives, his suspension from the practice of law, and his false statements on the SCA. Judge erred in concluding that State Supreme Court action upholding the suspension was not a civil court action for purposes of the SCA. Adverse decision affirmed.


Financial; Personal Conduct

08/24/2010

Applicant has had a history of overdue debts, none of which have been resolved. Additionally, Applicant did not furnish complete, honest information on a Security Clearance Application. Mitigation has not been shown. Clearance is denied.


Foreign Influence

08/24/2010

Applicant was born in 1958 in the West Bank, which at that time was under the control of Jordan. He moved to the United States in 1981 and became a U.S. citizen in 1991. Appellant's wife has been a U.S. citizen since 1997. Their four children are solely U.S. born citizens and residents. Applicant never served in the military of a foreign Government, and he has only been employed in the United States. All of Applicant's assets are in the United States. He has relatives in other countries, but he 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. interest. Mitigation has been shown. Clearance is granted.


Finances

08/24/2010

Applicant acquired about $166,000 in delinquent debt related to unpaid bills and significant mortgages undertaken during periods of unemployment and underemployment. Applicant has attempted to address less than $2,000 of the debt at issue, but failed to investigate, address, repay, or formulate an articulated strategy to address the balance of his debt. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 08-08332.h1


Guideline F; Guideline B

08/24/2010

Judge's conclusion that Applicant had failed to demonstrate diligence in paying off delinquent debts is sustainable. Applicant's Egyptian relatives raise security concerns that Applicant failed to mitigate. Adverse decision affirmed.


Foreign Influence

08/23/2010

Applicant is a U.S. naturalized citizen who was born and raised in Afghanistan. Most of his immediate family members (his mother and six siblings are citizens of Afghanistan who reside in Iran. He has one sister and all of his extended family members who are citizens and residents of Afghanistan. He maintains close contact with his mother and has frequent contact with his siblings residing in Iran. His contacts with his sister and his wife's family in Afghanistan are less frequent. Considering his close ties to his own family members residing in Iran, and the heightened risks presented by Iran, Applicant and his family members 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. CASE NO: 09-03086.h1


Psychological Conditions

08/23/2010

Applicant suffered from severe depression after he was medically discharged from the military in 2005. Subsequent unemployment and financial problems because of his inability to work through 2008 compounded his depression. However, since the end of 2008, when he was able to work again and his medications were properly managed, his mental health has improved. He is now in remission and the concerns about his judgment and conduct that were raised by his depression are mitigated. Clearance is granted. CASE NO: 09-02257.h1


Foreign Influence

08/20/2010

Applicant mitigated foreign influence security concerns. His wife, who was born in Russia, is a permanent resident of the United States. She and their infant son reside in the United States. She will become a U.S. citizen when the residency requirement is met. Applicant's mother-in-law and father-in-law are in the United States seeking permanent residency. Applicant's brothers-in-law do not live in Russia. One lives in the United States and the other lives in Germany. Applicant's wife's family is in the U.S. for religious asylum. Clearance is granted. CASE NO: 09-03399.h1


Financial

08/20/2010

Applicant is 47 years old and employed as a Computer Operator by a defense contractor. Applicant's financial indebtedness caused by circumstances beyond her control, namely a business down turn and a divorce, have been mitigated by sufficient evidence of reform and rehabilitation. There is evidence of financial rehabilitation. Clearance is granted. CASE NO: 08-08991.h1


Guideline F; Guideline E

08/19/2010

The Judge's challenged findings are based on substantial record evidence and are sustainable. Adverse decision affirmed.


Alcohol

08/19/2010

Applicant was convicted of DUI four times. His sentences have involved probation of up to three years, driver license suspensions, incarceration as long as one month, and fines and legal fees totaling tens of thousands of dollars. He has had alcohol treatment several times and attended AA in the past. He was diagnosed as alcohol dependent. He has abstained from alcohol during his periods of treatment and/or probation. He is now on probation, which will end in 2012; he is abstinent, as his probation requires. Given the short duration of his current 14-month abstinence, it is uncertain whether he will remain alcohol-free or repeat his past pattern of returning to the use of alcohol. Clearance is denied. CASE NO: 09-06190.h1


Sexual Behavior; Personal Conduct

08/19/2010

Applicant engaged in sexual behavior which showed a lack of judgment and could subject him to coercion. Sufficient mitigation has not been shown. Clearance is denied.


Financial

08/19/2010

In 2005, Applicant defaulted on her $416,000 mortgage and a $49,998 home equity loan taken out to finish the construction and make repairs to her house after her builder refused to meet the terms of his warranty. The home equity loan was paid off in a foreclosure sale of the property to the holder of the primary mortgage, who has not pursued Applicant for the deficiency balance. Applicant also defaulted on about $11,000 in student loan debt that came out of deferment around the same time. She has been making payments on her student loan debt since August 2007 and is incurring no new delinquencies. Clearance granted. CASE NO: 09-02352.h1


Guideline F

08/19/2010

The government's security concern was established when Applicant admitted the delinquent debts alleged in the SOR. Applicant was responsible for providing evidence to rebut, explain, extenuate or mitigate the security concerns and had the ultimate burden of persuasion. Adverse decision affirmed.


Guideline F

08/19/2010

The Judge's statement that Applicant submitted nothing with regard to the $14,000 delinquent credit card debt is error but it is harmless because Exhibit submitted by Applicant is not of high probative value. Therefore, it does not justify a remand. Adverse decision affirmed.


Guideline D; Guideline E; Guideline J

08/19/2010

Applicant took his girlfriend's 15 year old daughter out shopping. He put his hand on her breast asked if she wanted to drive. He later denied the incident to police. Adverse decision affirmed.


Drug Involvement

08/18/2010

Applicant has mitigated the Drug Involvement security concerns. Eligibility for access to classified information is granted. CASE NO: 09-08299.h1


Financial

08/18/2010

Applicant's debts were discharged under Chapter 7 of the Bankruptcy Code in September 1998. His statement of reasons (SOR) listed 11 debts totaling $63,711. He did not provide proof of any payments or of any efforts to resolve any of his SOR debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-06607.h1


Foreign Influence

08/18/2010

Forty-five year old Applicant's closest family members are his wife and two children, and they reside in the United States. As such, they are not vulnerable to direct coercion or exploitation by a foreign power. His relationship with his parents and two brothers, who are Egyptian citizen-residents (or in one case an Egyptian-citizen Kuwait- resident), is different. He did no see them for 12 years, and has seen some of them only three times in the last 10 years. His parents are in their 70s and retired. One brother works in the family business and the other works for a U.S. company in Kuwait. Applicant is a naturalized U.S. citizen who has served on active duty with the U.S. Navy and is scheduled to deploy to Afghanistan in 2011. He has applied for U.S. immigrant visas for his entire family. Egypt is not believed to be an active collector of U.S. economic intelligence and proprietary information. Egypt is an important U.S. ally in the war on terror and the maintenance of stability in the Middle East. The fear of a "heightened risk" because of the presence of some family members still residing in Egypt is minimized. Concerns as to his security eligibility and suitability have been satisfied. Clearance is granted.


Financial

08/18/2010

Applicant is a 31-year-old employee of a federal contractor. The evidence shows Applicant has a history of not meeting financial obligations as well as inability or unwillingness to satisfy debts. This is demonstrated by more than $100,000 in unpaid delinquent debts, including many student loans in collection. He did not present sufficient evidence of a good-faith effort to repay or otherwise resolve his indebtedness. There is insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his financial problems. Clearance is denied. CASE NO: 09-01286.h1


Criminal Conduct; Personal Conduct

08/18/2010

In 2001, Applicant, a commissioned officer, and two other officers were involved in sexual conduct with an enlisted female. Applicant was convicted at a general court-martial of conspiracy, conduct unbecoming an officer, and false swearing. The Judge Advocate General subsequently set aside Applicant's convictions and authorized a new trial. Although no new trial is anticipated, there is substantial evidence that Applicant committed these criminal offenses. He has not taken responsibility, shown remorse, or otherwise established his rehabilitation. Personal conduct concerns are mitigated; however, criminal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 08-02299.h1


Financial

08/17/2010

Applicant failed to mitigate the security concern raised under Guideline F, financial considerations. Clearance is denied. CASE NO: 09-07841.h1


Financial

08/17/2010

Applicant has not satisfied a federal tax lien for $13,217 that was entered in August 1993, a state tax lien for $3,165 that was entered in May 1994, and a $552 debt that was placed for collection in November 2006. Clearance is denied. CASE NO: 09-03899.h1


Finances

08/17/2010

Applicant is a retired Air Force enlistee who co-purchased a residential home for seniors in 1997 and operated it for a number of years as a proprietorship before he and his wife encountered serious financial losses that prompted their personal bankruptcy and personal liability for unpaid state and federal income taxes and payroll taxes. Applicant's financial misfortunes include the impending foreclosure of his home and uncertain IRS acceptance of his pending compromise offer to settle his federal payroll tax liability. Applicant's manifest judgment lapses associated with his joint incurrence of significant debt in the operation of his business investment and still uncertain tax liability are not mitigated. Clearance is denied CASE NO: 09-01970.h1


Personal Conduct

08/17/2010

While on active duty in the U.S. Air Force, Applicant consulted a clinical psychologist in July 2000 to find out if he was addicted to pornography. He consulted with a psychiatrist in October 2000 for help dealing with multiple stresses in his personal life. He received non-judicial punishment in December 2000, for knowingly possessing child pornography. He did not disclose his mental health consultations or his non-judicial punishment when he submitted a security clearance application in June 2003. He consulted with a psychologist in January 2004 at his wife's insistence after she discovered him viewing pornography. He consulted with a psychiatrist in September 2005, seeking a favorable diagnosis to support his application for a security clearance. He did not disclose his mental health consultations in 2004 and 2005 when he submitted a security clearance application in September 2008. Clearance is denied. CASE NO: 09-00568.h1


Personal Conduct; Alcohol; Drugs; Criminal Conduct

08/17/2010

Applicant abused drugs and alcohol from 1998 to 2003, to the point of developing dependencies. After two Minor in Possession of Alcohol (MIP) and one Driving Under the Influence (DUI) convictions, he entered three inpatient and one outpatient treatment programs. The latter two of those were successful, and he has been clean and sober since May 2003. He deliberately falsified and omitted relevant facts concerning this history at various stages of the security clearance process. Applicant mitigated drug and alcohol-related security concerns, but failed to mitigate resulting criminal and personal conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 08-06385.h1


Financial; Criminal Conduct

08/17/2010

Applicant accumulated 21 delinquent debts totaling more than $16,700. She has been employed since September 2001, but has not resolved any of the debts. She was convicted of driving on a suspended license in December 2003 and prostitution in January 2005. Eligibility for assignment to a public trust position is denied. CASE NO: 08-03720.h1


Financial

08/16/2010

Applicant is a 56-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or recurring financial difficulties as shown by a 1997 Chapter 7 bankruptcy case and a mortgage loan in default since 2007 or 2008. The mortgaged property is pending foreclosure; it is also for sale. Although he experienced bad luck and circumstances largely beyond his control, Applicant's current financial difficulties are part of a long-term pattern of financial irresponsibility or living beyond his means or both. His history of recurring financial difficulties justifies current doubts about his judgment, reliability, and trustworthiness. Clearance is denied. CASE NO: 09-08349.h1


Financial Considerations and Personal Conduct

08/16/2010

Applicant has mitigated the Financial Considerations and Personal Conduct security concerns. Of his nine debts, he has satisfied three creditors, is making payments to one creditor, has three others incorporated into his debt management program, and has rehabilitated his two mortgages. The Personal Conduct allegation was unsubstantiated. Eligibility for access to classified information is granted. CASE NO: 09-07073.h1


Financial Considerations and Personal Conduct

08/16/2010

Applicant has not mitigated the Financial Considerations or Personal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO:09-05854.h1


Financial

08/16/2010

Applicant's financial problems resulted from a failed business. She has established a plan to resolve her financial problems and has taken significant actions to implement her plan. She mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 09-05805.h1


Foreign Influence

08/16/2010

Applicant is a 48-year-old employee of a federal contractor. The evidence shows Applicant has connections or ties to Yemen, a country where the current security environment has deteriorated and where terrorist organizations are present. The evidence also shows Applicant has a depth of loyalty to the United States, so that he can be expected to resolve any conflict in favor of the U.S. interest. He demonstrated the depth of his commitment to the United States by working as an Arabic linguist for more than three years supporting the U.S. armed forces in Iraq. Clearance is granted. CASE NO: 09-04476.h1


Financial

08/16/2010

Fifty-three-year-old Applicant's financial situation started to deteriorate in 1996, when he filed for bankruptcy under Chapter 13 of the U.S. Bankruptcy Code. His petition was converted to Chapter 7, and his unsecured consumer debt was discharged in 1997. His financial problems continued and in 2000, he again filed under Chapter 13. It was dismissed and refiled, and in 2002, it was dismissed. He was employed overseas during 2007-2008, and earned a largely tax-free salary. Upon returning to the United States he was unemployed for 11 months, but continued to draw his military retirement and unemployment compensation. His SOR-related delinquent accounts total approximately $20,743. While he has made small payments on some accounts and obtained a mortgage loan modification, he continued to ignore his other debts. He claimed he was making payments to some creditors but has offered little documentary evidence to indicate the existence of repayment plans or actual payments. Following the hearing but before the record closed, he filed for bankruptcy under Chapter 13. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Financial

08/16/2010

Applicant has established a plan to resolve his financial problems and has taken significant actions to implement his plan. He mitigated the financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 09-03521.h1


Personal Conduct

08/16/2010

In March 2008, Applicant completed an Electronic Questionnaires for Investigations Processing (e-QIP). In response to section 11, relating to his employment activities, he failed to list he had been employed for more than 30 years with the Drug Enforcement Agency (DEA), or that he left his job after being given the choice to resign or be terminated. Applicant failed to rebut or mitigate the security concerns under personal conduct. Clearance denied. CASE NO: 08-10425.h1


Foreign Influence

08/16/2010

Applicant mitigated foreign influence security concerns. He has held a security clearance for five years working as an interpreter and cultural advisor in Afghanistan. Clearance is granted. CASE NO: 08-04597.h1


Personal Conduct

08/16/2010

Applicant’s actions, while in the Navy and out, involved multiple acts of dishonesty calling into question his suitability to hold a security clearance. Personal conduct concerns are not mitigated. Clearance is denied. CASE NO: 08-02013.h1


Financial

08/13/2010

Applicant is 62 years old. He has worked for a federal contractor since 2008. In 1999, he started a business that subsequently failed. He financed the business with credit cards and loans. Applicant owes approximately $331,116 in delinquent debts. He attributes the debt to circumstances beyond his control. He filed for bankruptcy under Chapter 7 and the proceeding is pending. Applicant did not provide sufficient corroborating evidence and documentary evidence to conclude he acted responsibly under the circumstances. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-07478.h1


Financial; Personal Conduct

08/13/2010

For many years, Applicant's financial delinquencies raised concerns about his security worthiness. In 2001, his federal employer revoked his security clearance, citing his financial delinquencies, most of which remain unsatisfied. When he completed and certified a security clearance application in 2008, Applicant deliberately failed to report unpaid judgments, financial delinquencies of over 180 days in the past seven years, and any debts that were currently over 90 days delinquent. He also failed to reveal that he lost his federal job in 2002 when his security clearance was revoked in 2001. He lacks a coherent 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: 09-05986.h1


Drugs

08/13/2010

Applicant's history of illegal drug involvement, his current use, and his intention to use in the future prohibits him by law from holding a security clearance. Clearance is denied. CASE NO: 09-00117.h1


Guideline F

08/12/2010

The Judge found that Applicant did submit documentation of her payments or other efforts at resolving her delinquent indebtedness. Adverse decision affirmed.


Guideline F; Guideline J

08/12/2010

The Board cannot consider Applicant's new evidence regarding his finances on appeal. Department Counsel's cross-appeal is persuasive that the Judge's favorable conclusions regarding Applicant's history of molesting two girls are not sustainable on this record. Adverse decision affirmed.


Guideline B; Guideline F

08/12/2010

Without a complete record the Board cannot perform appellate review. Adverse decision remanded.


Guideline E; Guideline J

08/12/2010

The Judge's application of Directive, Enclosure 2  17(c) is not sustainable on this record where Applicant engaged in extensive illegal drug use while holding a clearance and then repeatedly and deliberately omitted the drug use on security clearance applications and from interviews for more than two decades. Favorable decision reversed.


Guideline F

08/11/2010

Applicant fails to explain why he submit documentation he now references when given an opportunity to do so. Adverse decision affirmed.


Financial; Alcohol

08/11/2010

Applicant accumulated a number of delinquent debts during periods of recuperation from a work-related accident. She enlisted a debt consolidation firm to establish repayment arrangements with her creditors, but they failed to establish working relationships with any but two of her creditors. Applicant is highly regarded by her supervisors, colleagues, and family. All of her remaining debts are time-barred. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 09-04849.h1


Guideline F

08/11/2010

The Board's authority to review a case is limited. Adverse decision affirmed.


Alcohol

08/11/2010

Applicant was convicted of driving while impaired in 2007. On his own initiative, he attended an alcohol treatment program, where he was diagnosed as alcohol dependent. He has remained abstinent since November 2008, and attends weekly sessions of the SMART alcohol program, and weekly sessions of AA. His conduct demonstrates commitment to abstaining from alcohol use in the future. Clearance is granted. CASE NO: 09-00758.h1


Guideline F

08/11/2010

A review of the evidence shows that the delinquency amounts stated by the Judge are supported by the record. Adverse decision affirmed.


Guideline G

08/11/2010

Applicant was advised by letter of his right to obtain counsel. There is no basis to conclude that he was denied his due process rights. Adverse decision affirmed.


Financial

08/10/2010

Applicant’s significant debt load with one payment under a mortgage modification agreement and several unpaid smaller debts establish that his debts are not under control. Financial considerations concerns are not mitigated. Clearance is denied. CASE NO: 09-06770.h1


Financial

08/10/2010

Applicant is 24 years old, and has 20 delinquent debts totaling more than $30,000 that are unpaid. She also has other debts she owes. She recently sought assistance from a financial counselor and generated a budget, but it does not include all of her expenses. Applicant experienced significant periods of unemployment that contributed to her financial problems, but she also made unwise expenditures. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-06067.h1


Financial

08/10/2010

Applicant has not mitigated the security concerns under the financial consideration guideline. She has insufficient income to pay her delinquent debts which total approximately $36,000. While she experienced some unemployment and is a single parent, she does not have a plan in place to resolve her delinquent debts. She is reluctant to file for bankruptcy. Clearance is denied. CASE NO: 09-05390.h1


Financial

08/10/2010

Applicant is 55 years old. She began experiencing financial problems when her husband squandered their money due to an illegal drug problem. He did not pay child support for a period of time, which further exacerbated her financial problems. She has paid some delinquent debts, is paying another, and has rehabilitated her student loan debts. Applicant is living within her means and paying her bills. Applicant's financial problems are under control and are not a security concern. Applicant successfully mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 09-01591.h1


Financial; Personal Conduct

08/10/2010

Applicant is 47 years old and is employed by a defense contractor. Applicant had six delinquent debts totaling $29,132. She resolved all of them. She failed to disclose her delinquent debts in answering Question 28 of her electronic security clearance application, the e-QIP. Applicant mitigated the financial and personal conduct security concerns. Clearance is granted. CASE NO: 09-00439.h1


Financial

08/09/2010

As of September 2009, Applicant owed about $15,578 in delinquent consumer debt, excluding more than $6,000 in interest and fees on a loan for a repossessed car. In November 2009, he was informed by the Internal Revenue Service that he owed around $3,000 in delinquent federal income taxes for 2007. His financial problems were due to overspending and poor record keeping. He no longer uses credit cards, and has paid his smaller debts. While he intends to resolve his remaining debts with the help of a financial advisor, other expenses have kept him from accumulating the funds he needs. Clearance denied. CASE NO: 09-04990.h1


Financial

08/09/2010

Applicant accrued about $30,000 in delinquent debt between 2002 and 2005 while founding and working in a start-up technology company. Once the company began earning enough money for him to draw a regular salary, he began paying off his debts. All but two minor debts are fully resolved, and he has taken all possible steps to resolve them. His company was bought by a major defense contractor, for whom he now works with a substantial salary. Eligibility for access to classified information is granted. CASE NO: 08-11883.h1


Financial; Personal Conduct

08/09/2010

Fifty-four-year-old Applicant's financial situation started to deteriorate in 1994, when his live-in girlfriend, the mother of his two children, started using their joint credit cards and lines of credit, with his acquiescence, to fund her gambling compulsion. On various occasions between 1994 and 1997, they purchased chips and tokens from casinos in the total amount of $75,600. Unable to keep up with payments because of her gambling activities, and with credit card debt rising to $40,000, accounts became delinquent. When he attempted to get her to stop gambling, and refused further monetary support, she departed, and he filed for bankruptcy. His unsecured debts were discharged under Chapter 7 in 1998. Applicant's current financial situation is fully rehabilitated since his bankruptcy, and as of April 2010, he has over $172,000 in 401(k) accounts. His current credit scores are between 718 and 739. He is now married and all of his accounts are current. No questions or doubts as to his security eligibility and suitability remain. Clearance is granted.


Financial

08/06/2010

Applicant mitigated the security concerns under the financial consideration guideline. He was unemployed for a period of time due to a medical condition. He began paying his delinquent debts as soon as he gained full time employment in 2009.Clearance is granted. CASE NO: 09-05211.h1


Finances

08/06/2010

Applicant acquired about $34,000 in delinquent debt after his wife abruptly lost her job in September 2007. Within a year, the couple had reduced expenses, relocated, and found more lucrative employment. Today, the vast majority of his debts have been paid. Only two accounts remain outstanding, and both are subject to formal repayment plans. Given such progress, Applicant mitigated financial considerations security concerns. Clearance granted. CASE NO: 09-05184.h1


Financial

08/06/2010

Applicant is a 31-year-old network engineer. The evidence shows Applicant has a history of financial problems, to include student loans in collection. He did not present sufficient documentary evidence to show (1) clear indications that his financial problems are resolved or under control; or (2) that he has initiated a good-faith effort to repay his delinquent debts. His ongoing financial problems justify current doubts about his judgment, reliability, and trustworthiness. Clearance is denied. CASE NO: 09-04400.h1


Drug Involvement, Criminal Conduct, Personal Conduct

08/05/2010

Applicant has a 16-year involvement with marijuana. In 1992, he was convicted of felony conspiracy to transport marijuana and served two and one-half years in prison. After completing probation, he resumed using marijuana. Since 2003, he stopped using marijuana or any form of drugs or alcohol. He has refocused on his family, church, and career. He has disassociated himself from anyone affiliated with his past and turned his life around. Based on evidence presented and taking into account the whole-person concept, Applicant has mitigated security concerns pertaining to drug involvement, criminal conduct, and personal conduct. Clearance is granted.


Financial

08/03/2010

Applicant has not mitigated Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-00065.h1


Drug Involvement; Personal Conduct

08/03/2010

Applicant used marijuana between 1995 and April 2009. His last use occurred after he had submitted his security clearance application (SCA). Applicant has failed to rebut or mitigate the security concerns under drug involvement and personal conduct. Clearance is denied. CASE NO: 09-06214.h1


Financial

08/03/2010

Applicant stopped paying on a mortgage loan when he was unemployed and his lender would not work with him to reduce the monthly payment. After his lender initiated foreclosure proceedings, Applicant retained a realtor to pursue a short sale. Several offers of purchase have fallen through. A sale of the property in the near future appears unlikely, given the local market and the condition of the property, which Applicant could improve but has chosen to ignore until he has a buyer. While he pays his other debts on time, the financial concerns are not mitigated. Clearance denied. CASE NO: 09-05996.h1


Financial

08/03/2010

Applicant works for a defense contractor. He has 18 delinquent debts totaling $44,664. He has not taken any action to resolve these debts in the past four years of his current employment or before that time. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 09-05085.h1


Foreign Influence

08/03/2010

Applicant has relatives who are residents of Hong Kong and Canada who are citizens of Hong Kong and the People's Republic of China. He speaks to his father and mother-in-law in Hong Kong twice a month. Applicant's mother-in-law's relationships with Applicant and his spouse remain undefined. Applicant failed to provide sufficient information to mitigated foreign influence security concerns. Clearance denied. CASE NO: 09-04086.h1


Foreign Preference

08/03/2010

Applicant has destroyed his British passport and evinced a credible intent to renounce his British citizenship. Sufficient mitigation has been shown. Clearance is granted.


Alcohol

08/03/2010

Applicant admitted that she was convicted in 2003, 2004, and 2007 for Driving While Intoxicated, and that she consumed alcohol to excess from June 2001 to December 2008. Although she stated that she no longer abuses alcohol, she did not corroborate her assertions with independent evidence. She failed to mitigate the concerns raised under alcohol consumption. Clearance is denied.


Financial

07/30/2010

Applicant has not mitigated the security concerns under the financial considerations guideline. Her separation and divorce greatly impacted her financial stability. She recently filed a petition for Chapter 7 bankruptcy, but the debts have yet to be discharged. It is premature to conclude the financial considerations concern is mitigated. Clearance is denied. CASE NO: 09-08533.h1


Foreign Influence

07/30/2010

Applicant is a 44-year-old employee of a defense contractor. She was born in Iraq and became a U.S. citizen in 2000. Her parents are U.S. citizens. She has extended family members in Iraq and her sister is in Syria. Since 2005, Applicant has performed important and dangerous duty as a linguist in Iraq. She has mitigated Foreign Influence security concerns. Clearance is granted. CASE NO: 09-07711.h1


Foreign Influence

07/30/2010

Applicant was born in Iraq and immigrated to the United States in 1987. Remaining in Iraq are his widowed mother and several siblings, one of whom is currently a teacher in a military school. To insulate his family and himself, Applicant only speaks with them about once a year, has never let them know of his current work as a military translator, and makes no contact with them when he is in the Middle East. Meanwhile, his wife, children, and considerable assets are in the United States. Given the unique facts presented, foreign influence security concerns are mitigated. Clearance granted. CASE NO: 09-07326.h1


Financial

07/30/2010

Applicant incurred significant state income tax liability as a result of errors made by his tax preparer on his 2003, 2004, and 2005 state income tax returns. Unable to remain current on his other debts after paying his tax arrearages, Applicant incurred seven debts totaling $20,528. In April 2008, he retained the services of a debt consolidation firm and they have negotiated or are in the process of negotiating settlements with Applicant's creditors. Applicant has paid down a significant portion of his debt and has an established plan to pay off his remaining creditors. Clearance is granted. CASE NO: 09-04628.h1


Financial

07/30/2010

Since early 2009, Applicant has accumulated 14 delinquent debts totaling approximately $115,000. Her husband's unemployment and underemployment since 2005 establish extenuating reasons for her financial delinquencies. Applicant exercised good judgment by obtaining employment and working overtime to stay on top of the current expenses. Applicant realized she and her husband could not repay the debt and decided to file Chapter 7 bankruptcy. However, she terminated the bankruptcy, the only reasonable course to resolve the delinquent debts. By not pursuing the bankruptcy, Appellant's evidence in mitigation is insufficient to meet her burden of demonstrating under the guidelines and the whole person that she is a suitable candidate for security clearance access. Eligibility for access to classified information is denied.


Financial

07/30/2010

Applicant has accumulated numerous delinquent debts, including a substantial child support arrearage and delinquent student loans. He is paying child support by automatic payroll deduction. His student loans are being collected by involuntary deductions from his pay. He has not resolved numerous medical bills, a school textbook debt, and several cell phone bills. Clearance is denied. CASE NO: 09-04198.h1


Criminal Conduct; Personal Conduct

07/30/2010

Applicant accumulated numerous alcohol-related and traffic violations between November 1997 and January 2007. He was convicted several times of being a habitual offender. He did not fully disclose his criminal record on his security clearance application. Clearance is denied. CASE NO: 09-03087.h1


Guideline F

07/30/2010

The judge plausibly explained why the mitigating evidence was not sufficient to overcome the government's security concerns. The document Applicant discusses reflects payment of a $34 debt which is unlikely to have changed the outcome of the case. Adverse decision affirmed.


Drugs; Personal Conduct; Mental

07/30/2010

Applicant used cocaine from 1985 to January 2008. He considered suicide in 2006 and fired a gun into a wall. He was treated for drug abuse by a psychiatric treatment facility from May to June 2006, and was diagnosed with cocaine dependence. He has not used any illegal drugs since January 2008. When he submitted his security clearance application and was interviewed by a security investigator, he intentionally did not disclose the extent of his cocaine use and his treatment in a psychiatric facility. Clearance is denied. CASE NO: 09-02958.h1


Guideline H, Guideline J, Guideline E

07/30/2010

Applicant documents submitted on appeal on the premise that they should have submitted by a local court to the Judge. Those documents fall into two categories: some were created after the pertinent time frame and others merely findings made by the Judge. Adverse decision affirmed.


Alcohol

07/30/2010

Applicant has history of alcohol abuse as evidenced by excessive intoxication during his high school and college years. During this time, he was arrested one time for driving under the influence, he drove a motor vehicle various times while intoxicated, and had several blackouts. He has made significant lifestyle changes since then to include moving out of a "party environment," drinking responsibly or not al all, maintaining a stable relationship, and focusing on his work and family. Applicant has successfully mitigated alcohol consumption security concerns. Clearance is granted.


Guideline E; Guideline G

07/30/2010

It is permissible for the Judge to consider record evidence of uncharged conduct for the limited purpose of evaluating credibility. Adverse decision affirmed.


Financial; Criminal Conduct

07/30/2010

Applicant is a 47-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems, which are ongoing. In addition, he has a 2009 conviction for second-degree assault for which he is serving probation. His financial problems, his criminal conviction, and his status as a probationer, when taken together, justify current doubts about his judgment, reliability, and trustworthiness. Clearance is denied. CASE NO: 08-08754.h1


Guideline F

07/30/2010

Direct evidence of nexus between proven conduct or circumstances under any of the guidelines and security eligibility is not required. Adverse decision affirmed.


Financial

07/29/2010

Applicant is a 28-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. CASE NO: 09-07853.h1


Foreign Preference

07/29/2010

Applicant is a 26-year old dual citizen of the United States and Germany, born in Germany to a U.S. citizen father serving with the U.S. Army and a German citizen mother. Aside from an unspecified relatively brief period in the United States, Applicant has resided in Germany with his family because that was where they reside. He has expressed a willingness to renounce his German citizenship and had a German passport destroyed. He is currently employed by a U.S. federal contractor. While the circumstances of his birth and the acquisition of German citizenship were circumstances beyond his control, Applicant continued to exercise the rights, privileges, and obligations of German citizenship. He obtained and used German passports and identity documents in lieu of U.S. documents, even when entering the United States; he served on active duty with the German military; and he voted in German elections. He was educated in German schools and employed by German companies. He owns a German apartment. In essence, Applicant is a German who, solely by virtue of his father's citizenship, happens also to be a U.S. citizen. Concerns as to his security eligibility and suitability have not been mitigated. Clearance is denied.


Drug Involvement

07/29/2010

Applicant used marijuana several times in college in 2001. He reported his use on his security clearance application, stated that he would not use it again, and was granted a security clearance in 2004. Subsequently, he used marijuana in 2004 and 2007, after he received a security clearance. His last use occurred when he was 27 years old. Clearance is denied. CASE NO: 09-2573.h1


Financial; Personal Conduct

07/29/2010

The Government failed to establish deliberate falsifications of a security clearance application by the Applicant under Guideline E, Personal Conduct. Applicant also owes over $40,000 in past due mortgage payments. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-01719.h1


Security Violations; Personal Conduct; Information Technology

07/29/2010

Applicant failed to mitigate security concerns under Guideline K, Guideline E, and Guideline M. Clearance is denied. CASE NO: 09-00906.h1


Drugs; Criminal Conduct

07/29/2010

Applicant used marijuana, at times daily, from June 1997 to at least August 2008. He continued to smoke and purchase the illegal drug despite being arrested on three occasions for possession of marijuana and drug paraphernalia. He denies any intent to use marijuana in the future, but the evidence is insufficient to demonstrate that his illegal drug use is behind him. Clearance denied. CASE NO: 08-11403.h1


Drugs

07/28/2010

Applicant is a 68-year-old engineer. The record evidence shows Applicant has a long-standing history of marijuana use during a period of more than 40 years. He smokes marijuana about ten times per year; he believes marijuana use should be legalized; and he plans on using marijuana in the future. He states that his marijuana use helps relieve pressure in his eyes due to a pre-glaucoma condition, and it helps him relieve stress and pressure associated with caring for his spouse who has had two strokes. Applicant did not submit any documentary information or medical records in support of his statements. Clearance is denied. CASE NO: 09-07485.h1


Drugs

07/28/2010

Applicant is a 23-year-old college graduate who smoked marijuana, with varying frequency, from March 2005 to April 2009. He experimented with hallucinogenic mushrooms once in March 2007, while on spring break. Applicant has not used any illegal drugs since he graduated from college, and he intends no future use. Clearance is granted. CASE NO: 09-05942.h1


Financial

07/28/2010

Applicant purchased a vacation rental home in 2002, an auto parts store in 2003, and his primary residence in 2004. He quit his job with a defense contractor about ten months after buying the auto parts store and began working full time at the store. After his business failed in 2008, he obtained a Chapter 7 bankruptcy discharge. He unsuccessfully tried to sell his primary residence and his vacation rental property. He unsuccessfully tried to negotiate modifications of his mortgages. His vacation rental home was foreclosed without recourse in February 2010. His primary residence will be sold either through a short sale or foreclosure. He has mitigated the security concerns based on financial considerations. Clearance is granted. CASE NO: 09-04609.h1


Criminal; Personal Conduct

07/28/2010

Applicant is 31 years old and is employed as an Information Technology Specialist by a defense contractor. Applicant's history of criminal conduct and questionable judgment involving marijuana use in the military, and while holding a security clearance; an Other Than Honorable Discharge from the military, and an arrest and conviction for Domestic Violence in 2007, for which he remains on probation, has not been mitigated. There is insufficient evidence of mitigation and rehabilitation. Clearance is denied. CASE NO: 09-04238.h1


Guideline F

07/28/2010

The Judge's overstatement is harmless error. Adverse decision affirmed.


Financial

07/28/2010

Applicant accumulated eight separate debts totaling $16,115. She attributes her financial problems to a combination of factors: her husband's injury and family's forced evacuation after a hurricane, her recent diagnosis of breast cancer and uncovered medical expenses, and her unemployment until she began her current job. However, the primary reason for Applicant's financial problems stems from the reduction of family income following her separation and pending divorce from her husband. Applicant has since paid or resolved all of the debts alleged. She is living within her means and regained financial responsibility. Clearance is granted. CASE NO: 09-00985.h1


Guideline B

07/28/2010

The Directive is subject to general principles of statutory construction. The disqualifying and mitigating conditions are not necessarily most analogous to statutes. Rather they are examples of circumstances to assist in evaluating aspects of an applicant's case. Disqualifying conditions 7(a) and 7(b) have a significant degree of overlap and one set of circumstances may raise security concerns under both conditions. The Executive Order and the language of mitigating condition 8(b) should be interpreted as consistent with one another. The language in the first is to ensure that a clearance decision does not create a stigma of disloyalty. The second requires Judge to balance an applicant's ties within the US to his ties to a foreign person, organization or country in analyzing the extent to which an applicant might find himself in a conflict of interest. Adverse decision affirmed.


Financial

7/27/2010

The Applicant has not made a good-faith effort to pay his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 09-02799.h1


Criminal Conduct; Sexual Behavior; Personal Conduct

07/27/2010

The Applicant was involved in an inappropriate and illegal sexual relationship with a 15 year old in 2007 and 2008. He was convicted of a misdemeanor in relation to this conduct. He did not show sufficient mitigation of this conduct. Clearance is denied.


Foreign Influence

07/26/2010

Applicant was born in Pakistan. He moved to United States in 1996 and became a U.S. citizen in 2007. His mother, three brothers, two sisters, and in-laws are residents and citizens of Pakistan. Two of his brothers served in the Pakistani army for over 20 years. He maintains periodic contact with his family and sends financial support He has no immediate family members living in the United States and nominal economic interests. Applicant's connections to Pakistan remain more significant than his ties to the United States. He failed to mitigate the foreign influence concerns raised by his family residing in Pakistan. Clearance is denied.


Financial

07/26/2010

Applicant is 59 years old and employed as a Machinist by a defense contractor. His excessive indebtedness, a mortgage on a house, was forced into foreclosure due to circumstances beyond his control, namely, the declining real estate market. The house was ultimately sold at auction. The Applicant made a good faith effort to resolve the debt. There is evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-04801.h1


Drugs

07/26/2010

Security concerns about Applicant's past drug use are mitigated by an appropriate period of abstinence, a positive change in his personal circumstances, and a notarized statement of intent to abstain from future drug use. Clearance is granted. CASE NO: 09-04743.h1


Financial; Personal Conduct

07/26/2010

Applicant is 31 years old and employed as a Photographer/Videographer by a defense contractor. Applicant's excessive indebtedness has been resolved by a Chapter 7 Bankruptcy. Applicant did not deliberately falsify his security clearance application concerning his financial history. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-04613.h1


Personal Conduct; Financial

07/26/2010

The Government's information did not support the allegations that Applicant acted as alleged in an SEC civil complaint in 2008 or that he deliberately made false statements in response to that civil complaint. Guideline E is resolved for the Applicant. However, Applicant did not mitigate the security concerns about the fact that he owes between $54,000 and $88,000 in delinquent debt. Although his financial problems arose due to unforeseen circumstances, Applicant has not acted in a reasonably diligent manner to pay or otherwise resolve his debts. Clearance is denied. CASE NO: 09-02800.h1


Financial

07/26/2010

Applicant has owed 24 creditors $31,297 since 2006-2007. His creditors include credit card companies, utility and telephone companies, a child support arrearage, and various medical bills. Although his financial difficulties arose in large part to a divorce and loss of employment, he has not demonstrated that he has acted responsibly under the circumstances. No mitigating conditions apply. Clearance is denied. CASE NO: 09-02636.h1


Financial

07/26/2010

The Statement of Reasons alleges delinquent debts amounting to more than $93,000. Applicant's boyfriend used her credit card without her knowledge and amassed large debts. He later died, and Applicant is liable for the debts. Applicant has a payment plan for some student loans. She also has approximately $400 net remainder each month, after expenses. However, she presented no evidence that she has established payment plans or taken any concrete plan to resolve her debts. Clearance is denied. CASE NO: 09-00815.h1


Financial

07/26/2010

The Statement of Reasons alleges delinquent debts amounting to more than $18,000. Applicant's debts began to mount when he was laid off from a well-paying job and accepted a position at about half the salary. His wife lost her nursing job when she was found guilty of prescription fraud. The combined loss of income caused Applicant's debts to mount, starting in about 2003. Half of Applicant's debts are approximately $100 or less. However, he has not initiated a plan to resolve his debts and they have remained unpaid over the past seven years. Clearance is denied. CASE NO: 09-00041.h1


Alcohol; Criminal Conduct; Drugs

07/26/2010

Applicant was arrested for driving under the influence (DUI) in 1979. He was arrested for domestic assault in 2005, public intoxication in 2006, and assaulting his daughter's boyfriend in 2007. He occasionally used marijuana with family members after he received a security clearance. In June 2007 he was convicted of another DUI and disregarding a law-enforcement command. He successfully completed a court-ordered substance abuse program in November 2007. He no longer uses marijuana but continues to consume alcohol. Clearance is denied. CASE NO: 07-06103.h1


Financial

07/22/2010

Applicant is a 44-year-old employee of a defense contractor. She and her husband had stable, longtime employment until the housing crisis and economic downturn impacted both their jobs. She filed bankruptcy to address her debts. She has mitigated Financial Considerations security concerns. CASE NO: 10-00062.h1


Financial

07/22/2010

Applicant resolved all but one debt, but presented insufficient evidence to resolve a judgment in the amount of $13,000. He has not taken steps to resolve all of his delinquent accounts even though his income appears sufficient to do so. Financial considerations concerns are not mitigated. Clearance is denied. CASE NO: 09-06002.h1


Foreign Influence; Foreign Preference

07/22/2010

Applicant is 32 years old. His father is a U.S. citizen and his mother was a citizen of Denmark. He is a dual citizen of Denmark and the United States. Applicant has a Danish passport that he surrendered to his facilities security officer and credibly testified that he is willing to renounce his Danish citizenship. He has relatives in Denmark that he has contact with. Denmark is a close ally with the United States. Applicant's contacts with his relatives are not a security concern. Applicant mitigated the security concerns under Guideline B, Foreign Influence, and Guideline C, Foreign Preference. Clearance is granted. CASE NO: 09-03264.h1


Financial; Criminal Conduct; Personal Conduct

07/22/2010

Applicant's history of financial delinquencies and criminal conduct make her an unacceptable candidate for a security clearance. Clearance is denied. CASE NO: 08-09755.h1


Financial

07/21/2010

Applicant has not mitigated Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-00116.h1


Alcohol, Personal Conduct, Criminal Conduct

07/20/2010

Applicant admitted that in 2007 he was arrested four times for Driving While Intoxicated, resulting in two misdemeanor convictions. Since November 2007, he has successfully moderated his alcohol consumption. When he completed his security clearance application, he disclosed the two convictions. He did not disclose two arrests because they were consolidated into one of the convictions. He did not intentionally mislead the Government by failing to disclose those two arrests. However, when he failed to mention them during an investigative interview regarding the two convictions, he did deliberately fail to disclose them. He mitigated the concerns raised under alcohol consumption, and criminal conduct, but not those raised under personal conduct. Clearance is denied.


Financial

07/20/2010

Security concerns were raised because Applicant incurred over $829,988 in delinquent debts. Of that amount, $827,212 involved several defaulted mortgages. Applicant did not meet his burden to mitigate the security concerns raised by his excessive indebtedness. Clearance is denied. CASE NO: 09-04389.h1


Financial

07/20/2010

Applicant became unemployed in January 2005 when he and his fiancee had joint mortgage obligations on two homes totaling around $3,500 per month. He defaulted on about $4,500 in old student loan debt, and he and his fiancee borrowed about $25,000 for a graduate program that he did not complete. Maintenance and repair costs for their homes and his fiancee's vehicle led Applicant to incur about $14,367 in delinquent credit card debt, despite his full-time employment. Applicant recently paid off his older student loan from 1999 and some of his delinquent credit card debt. Late payments on their mortgage for his fiancee's residence led to problems with the lender that have yet to be resolved. In addition, they owe between $7,000 and $8,000 in past due real estate taxes for Applicant's residence, and they have yet to make good faith efforts to resolve the outstanding student loan debt for the graduate program. It is too soon to conclude Applicant's financial problems are behind him. Clearance is denied. CASE NO: 09-04354.h1


Personal Conduct; Drugs

07/20/2010

Applicant falsified his 2003 and 2008 security clearance applications by omitting relevant information concerning his illegal drug use (marijuana/ecstasy). He also did not provide information concerning a previous security clearance background investigation. Applicant's last reported use of an illegal drug is in the summer of 2008.Clearance is denied. CASE NO: 09-04040.h1


Alcohol

07/20/2010

Applicant has consumed alcohol since high school, and he was involved in two alcohol-related offenses between January 2005 and May 2008. He received alcohol counseling from a licensed substance abuse counselor and complied with all of the court conditions imposed on him following each conviction. He has since limited his alcohol consumption to occasional drinking and has not abused alcohol since his last alcohol- related incident. Applicant mitigates security concerns over his abuse of alcohol. Clearance is granted. CASE NO: 09-0357.h1


Personal Conduct; Criminal Conduct

07/20/2010

Applicant is a 28-year-old employee of a federal contractor. The record evidence shows Applicant was denied access to sensitive compartmented information (SCI) in 2005. The other governmental agency (OGA) took this action based her involvement in drug- related activity from 1997 to about 2003 or 2004, minor employee theft, and failure to fully disclose her drug-related activity during the security clearance process. In 2007, she completed her current security clearance application, and she did not provide a full, frank, and candid response to a question about her involvement in drug-related activity. Although Applicant has done a magnificent job at building a new life and removing herself from an unsavory environment where illegal activity was the norm, her deliberate falsification of the post-2005 security clearance application cannot be overlooked. Clearance is denied. CASE NO: 09-03135.h1


Financial

07/20/2010

Applicant accumulated eight separate debts totaling $39,218. These debts arose after his small business failed during the recent economic downturn. He relied on his credit cards to survive until he was able to secure employment. Applicant has since paid or resolved all of the debts alleged. He is living within his means and regained financial responsibility. Clearance is granted. CASE NO: 09-01116.h1


Financial; Alcohol

07/20/2010

Applicant accrued two judgments and accumulated a number of delinquent debts during periods of unemployment and underemployment. She has since repaid many of her listed debts and is making good progress in addressing the remaining ones. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Applicant also mitigates security concerns over her single alcohol-related offense. Clearance is granted. CASE NO: 09-00189h.1


Criminal Conduct, Alcohol

07/20/2010

Applicant is 29 years old and has been employed by a defense contractor for the last eight years. Between 1998 and 2008, he was arrested five times and convicted four times. Two of those convictions were for Driving While Intoxicated (DWI) and occurred in 2004 and 2008. Three months ago, the court terminated his probation on the 2008 conviction. He failed to provide sufficient evidence of rehabilitation, given his ten-year span of criminal conduct and recent DWI. He failed to fully mitigate the security concerns raised under criminal conduct and alcohol consumption. Clearance is denied.


Financial; Personal Conduct

07/20/2010

Applicant accumulated a number of delinquent debts during periods of unemployment. His largest delinquencies are a federal tax debt that is covered by an IRS tax lien and a truck repossession deficiency. Applicant has payment agreement with these creditors and either paid or successfully disputed his remaining debts. Applicant mitigates financial concerns. However, he does not mitigate allegations of omission in the e-QIP he completed. Clearance is denied. CASE NO: 08-11345.h1


Criminal Conduct; Financial; Personal Conduct

07/20/2010

Applicant mitigated security concerns under Guideline J, Criminal Conduct. However, he failed to mitigate security concerns under Guideline F, Financial Considerations and Guideline E, Personal Conduct. Eligibility for a security clearance is denied. CASE NO: 07-13837.h1


Financial; Foreign Influence

07/19/2010

Applicant is 41 years old and employed as an IT Consultant by a defense contractor. His excessive indebtedness caused by his business venture in China and overspending has not been mitigated by a good faith effort to resolve his debts. His foreign contacts that include business partners and associates who are now close personal friends, who are citizens and residents of China; a checking account in China; and 5% ownership in a public company he established in China, pose a significant security risk. Clearance is denied. CASE NO: 09-06309.h1


Guideline F

07/19/2010

Applicant did not raise an issue of harmful error. The Board cannot consider Applicant's new evidence. Adverse decision affirmed.


Guideline F

07/19/2010

Applicant made no assertion of harmful error. She did submit additional evidence not contained in the record, which the Board cannot consider. Adverse decision affirmed.


Guideline E

07/19/2010

Statements by counsel are not binding on the Judge, who must make an independent determination of an applicant's eligibility for a clearance. Applicant had previously been granted a clearance by another agency. However, since that time he engaged in other security-significant conduct. Therefore, he was not entitled to reciprocity. Adverse decision affirmed.


Financial

07/19/2010

Applicant is 52 years old and employed as a heating and air conditioning mechanic by a defense contractor. His excessive indebtedness brought on by a business down turn has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted. CASE NO: 08-07531.h1


Financial

07/16/2010

Applicant acquired 10 debts during periods of unemployment and underemployment after his 2006 marital separation. He met with an attorney to discuss bankruptcy in May 2009 as a way to address the debts at issue. Over a year later, he has yet to file for bankruptcy protection and none of the debts at issue have been addressed. Consequently, financial considerations security concerns remain. Clearance denied. CASE NO: 09-06983.h1


Guideline G; Guideline E

07/16/2010

In security clearance applications in 2000, 2005 and 2006 Applicant made numerous false statements. The Judge's statement that Applicant is an alcoholic who has abused alcohol for over 35 years is reasonable in light of the record. Adverse decision affirmed.


Guideline F

07/16/2010

The record does not contain government exhibits 1-7. Adverse decision remanded.


Guideline F

07/16/2010

The Judge erred in categorizing Applicant's poor financial choices as circumstances outside his control. Favorable decision reversed.


Guideline F

07/16/2010

The Board does have the jurisdiction or authority to pass judgment on the wisdom or authority of provisions of the Directive. Adverse decision affirmed.


Guideline F

07/16/2010

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


Sexual Behavior; Personal Conduct

07/16/2010

Applicant used illegal drugs while holding a security clearance. He provided false information on income tax returns. He violated his duties as the executor of his parents' estate by accepting a "kickback" payment from his contractor brother-in-law. He was involved in questionable and illegal sexual behavior that included frequenting prostitutes. Clearance is denied. CASE NO: 08-06859.h1


Personal Conduct; Criminal Conduct

07/16/2010

Applicant is a 39-year-old employee of a federal contractor. The record evidence shows Applicant was denied program access in 2005, in part, because he claimed his adult brother as a dependent on his 1995, 2002, and 2003 federal income tax returns. The other governmental agency (OGA) that took this action based its denial, in part, on admissions Applicant made in 2003 that he fraudulently claimed his brother as a dependent for 1995 and 2002. Although the evidence as a whole is insufficient to satisfy the willfulness requirement that applies to criminal-tax offenses, it does raise unmitigated personal conduct security concerns. Clearance is denied. CASE NO: 06-23822.h1


Financial

07/15/2010

Applicant has owed the Internal Revenue Service $45,204 since 2006. His undocumented efforts to resolve this debt have been minimal and lack a showing of good faith. Additionally, he falsified his May 2009 security clearance application by failing to list this debt. No mitigating conditions apply. Clearance is denied. CASE NO: 09-05238.h1


Alcohol Consumption, Criminal Conduct

07/15/2010

Applicant has a lengthy history of alcohol consumption. Although he was only convicted of one DWI, he had alcohol-related arrests or accidents in 1972, 1991, 1994, 2000, 2007, and 2008. He received 13 hours of alcohol-related evaluation and counseling in 2007. In 1998, Applicant was convicted of possession of a concealed firearm. Applicant mitigated security concerns arising from his criminal conduct; however, he did not mitigate alcohol consumption concerns. Eligibility for access to classified information is denied. CASE NO: 09-00345.h1


Drug Involvement

07/14/2010

Applicant's history of drug involvement generates a security concern. Applicant's drug use occurred during his college years. He has not used any illegal drugs in 18 months. Since graduating, he has obtained a job with a defense contractor, where he has excelled, and he no longer associates with his friends with whom he used illegal drugs. Applicant has mitigated the drug involvement security concern. Clearance is granted. CASE NO: 09-04566.h1


Financial

07/14/2010

Applicant mitigated the Financial Considerations security concerns. Clearance is granted. CASE NO: 09-03622.h1


Financial

07/14/2010

Applicant acquired 10 debts during periods of unemployment following his discharge from the military. Although he stated that he has addressed all but one debt, he failed to substantiate his testimony that some of the debts at issue had been paid or effectively put into repayment. With the burden squarely put on the Applicant in these cases, financial considerations security concerns remain. Clearance denied. CASE NO: 09-03497.h1


Financial

07/14/2010

Applicant owed $57,809 on a second mortgage after he executed a deed in lieu of foreclosure. He has since settled the debt with the creditor. The creditor has contacted the credit reporting agencies to report that Applicant has a zero balance and the account is closed. Applicant has mitigated security concerns raised. Clearance is granted. CASE NO: 09-03474.h1


Drugs; Personal Conduct

07/14/2010

Applicant is 37 years old. While on family medical leave he purchased and used marijuana while holding a Secret security clearance. In December 2008, less than two weeks after completing a security clearance application to upgrade his clearance to Top Secret, he used marijuana at a family party. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-03350.h1


Sexual Behavior; Personal Conduct; Criminal Conduct.

07/14/2010

Applicant is 46 years old. While serving on active duty he was observed by a police officer in a public park participating in a sexual act. He was convicted of Disorderly Conduct (obscene act). He has denied his behavior for more than four years through testimony under penalty of law and in a sworn statement. He now admits he committed a criminal act. Applicant's conduct and his concealment, along with his statements raise security concerns. Applicant failed to mitigate the security concerns under Guideline D, Sexual Behavior, Guideline E, Personal Conduct, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-02538.h1


Financial

07/14/2010

The Applicant has yet to address her substantial, admitted past due debts. Sufficient rehabilitation has not been shown. Clearance is denied. CASE NO: 09-00519.h1


Drugs, Personal Conduct, Criminal Conduct

07/14/2010

Applicant used a variety of illegal drugs for a majority of his life. He also used Percocet without a prescription, purchased drugs, and continued to use drugs after being granted a security clearance in 2006. In 2007, he voluntarily sought detoxification in a hospital, underwent an intensive substance abuse program at a well-regarded in-patient treatment center, underwent psychiatric counseling, and became committed to AA. While his rehabilitative efforts, contrition, and personal growth help mitigate drug involvement and criminal conduct concerns, the fact that Applicant concealed his drug use on his 2006 security clearance application remains a concern. Personal conduct security issues remain. Clearance denied. CASE NO: 08-07575.h1


Financial

07/13/2010

Applicant was unable to make mortgage payments on her home, leading to its foreclosure in 2008, and generating a security concern. Considering the circumstances surrounding Applicant's purchase of the home, the steps she took to eliminate the debt remaining from the home's foreclosure, and her significantly improved financial circumstances, I conclude she has mitigated the security concern. Clearance is granted. CASE NO: 09-05931.h1


Financial; Personal Conduct

07/13/2010

Applicant lacks a track record of financial responsibility. Her financial irresponsibility dovetails with her misuse of a government credit card, and her recalcitrant disregard of laws and court orders. Her overall behavior shows lack of judgment, reliability, and an unwillingness to comply with the law. Eligibility for access to classified information is denied. CASE NO: 09-02193.h1


Financial

07/12/2010

Applicant is a 39-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems as evidenced by about $32,000 in unpaid delinquent debts. She has been continuously employed since at least 1999, with no periods of unemployment. She did not present any documentary evidence of a good- faith effort to repay or otherwise resolve her indebtedness. There is insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from her history of financial problems. Clearance is denied. CASE NO: 09-06759.h1


Personal Conduct; Financial

07/12/2010

Applicant is a 51-year-old employee of a defense contractor. He mitigated Personal Conduct concerns. He did not provide sufficient evidence to mitigate the Financial Considerations security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 09-06715.h1


Financial; Personal Conduct

07/12/2010

Applicant failed to mitigate security concerns about his finances. He owes more than $83,000 in delinquent debt, which has been unresolved since at least 2003. He also failed to mitigate security concerns about his personal conduct based on numerous criminal offenses since 1992, an other-than-honorable discharge from the military after being AWOL for 13 months, and his lack of candor about his past conduct. Clearance is denied. CASE NO: 09-05422.h1


Financial

07/12/2010

Applicant is 45 years old and employed as a Manager of Engineering and Integration Branch for a defense contractor. Applicant's financial irresponsibility mainly brought on by circumstances beyond his control, namely family illnesses and a business break up. In addition, being poorly organized did not help his financial situation. His actions have been mitigated by a good faith effort to resolve his debts. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-04177.h1


Financial

07/12/2010

Applicant is a 39-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of not paying his student loans and child support. Clearance is denied. CASE NO: 09-00622.h1


Personal Conduct

07/09/2010

Applicant's security clearance was revoked for one year in 1994, after he committed theft from a post exchange. From 2005 to 2007, while employed by a defense contractor, Applicant engaged in time-card fraud. He was terminated after an investigation concluded that he charged the government for more than 600 hours that he did not work. His company reimbursed the government over $40,000. Applicant does not take responsibility for his actions, continuing to claim he only mischarged 36 hours. He engaged in this fraud while holding a security clearance. Clearance is denied. CASE NO: 09-04013.h1


Guideline F

07/08/2010

Given Applicant's history of delinquent debt and the paucity of evidence regarding attempts to resolve the debt, the case in mitigation was not persuasive. Adverse decision affirmed.


Guideline H; Guideline E

07/08/2010

Applicant due process claims are unsuccessful. Whatever objections might have been available regarding the testimony of an OPM investigator were waived. Adverse decision affirmed.


Guideline K; Guideline M; Guideline E

07/08/2010

An applicant who has committed a security violation has a very heavy burden of demonstrating that he should be entrusted with classified information. The evidence from Government Exhibit 2 demonstrates that Applicant engaged in a more extensive pattern of willful security violations than was set forth in the Judge's decision. Favorable decision reversed.


Financial

07/07/2010

Applicant's debts were discharged under Chapter 7 of the Bankruptcy Code in July 2000. His statement of reasons (SOR) listed 30 debts totaling $19,445. Four debts were duplications, and four debts were not established, leaving 22 unresolved SOR delinquent debts totaling $18,572. He did not make any payments on any of his SOR debts. He has insufficient income to pay his current expenses. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-06303.h1


Financial

07/07/2010

Applicant admittedly failed to file his federal and state income tax returns for tax years 2004 through 2008, without good cause. He claimed that a tax service filed these returns for him between February and April 2010, but provided no evidence to substantiate that claim, or otherwise mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05056.h1


Financial

07/07/2010

Applicant is a 35-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems or difficulties. Applicant and his spouse overextended themselves in the real estate market. As a result, Applicant and his spouse sought protection from their creditors under a Chapter 7 bankruptcy case in which a discharge was granted in November 2009. Given the recency of the bankruptcy case and the surrounding circumstances, it is too soon to tell if Applicant's financial problems were purely situational, and it is too soon to determine if Applicant is now conducting his affairs in a financially responsible manner. Applicant did not provide full, frank, and candid answers to questions about his financial record during the security clearance process. Clearance is denied. CASE NO: 09-04991.h1


Guideline G; Guideline H; Guideline E

07/07/2010

Judge's conclusion that Applicant's 22 months of sobriety were insufficient to mitigate the security concerns in his case is sustainable. To the extent that the Judge's decision appears to recommend the future grant of a clearance after a greater period of sobriety, it has no binding effect on the Government. Adverse decision affirmed.


Alcohol

07/07/2010

Applicant has a lengthy history of binge alcohol consumption. Since 2003, Applicant has been involved in several alcohol-related incidents with law enforcement or the courts. He received outpatient alcohol-related treatment and attended some Alcoholics Anonymous (AA) meetings. In 2004, a clinical psychologist diagnosed him as alcohol dependent. He continues to consume alcohol. Eligibility for access to classified information is denied. CASE NO: 08-09214.h1


Guideline E

07/07/2010

Applicant's wife maintained two pornographic web sites, which could affect Applicant's professional or community standing. Accordingly, they are a means through which he could be subjected to coercion. Adverse decision affirmed.


Guideline F

07/07/2010

Applicant failed to demonstrate that she is making a reasonable effort to address her delinquent debts. Two of the debts on the SOR were holdovers from a previous DOHA adjudication. Adverse decision affirmed.


Financial

07/06/2010

Applicant has 21 delinquent accounts totaling $53,800, including more than $49,000 in delinquent student loans. He has made little or no effort to repay these debts. No mitigating conditions apply. Clearance is denied. CASE NO: 09-07932.h1


Drugs

07/06/2010

The 26-year-old Applicant used and helped fund the purchase of marijuana from September 2006 until February 2009. He quit when he realized it was incompatible with his growing maturity, relationship, and profession. Since then, he has focused on health and diet. He avoids those who use drugs and has signed a statement of intent not to use illegal drugs in the future. Applicant mitigated drug involvement security concerns. Clearance granted. CASE NO: 09-04235.h1


Financial

07/06/2010

Applicant is 27 years old and employed as a Security Guard by a defense contractor. Her excessive indebtedness caused by unemployment, underemployment, a divorce, and having to support a child on her own, has not been mitigated by sufficient evidence of reform or rehabilitation. Clearance is denied. CASE NO: 09-03393.h1


Alcohol; Personal Conduct

07/02/2010

Applicant has engaged in binge drinking since at least 2003. He was also arrested and convicted three times for driving under the influence of alcohol between 2003 and 2008. His driving privileges were suspended or revoked after his last two convictions, but he has continued to drive. Clearance is denied. CASE NO: 09-02723.h1


Personal Conduct; Drugs

07/02/2010

Applicant has a history of drug and alcohol abuse. His last alcohol-related incident was in January 2003, and his last illegal drug use was in April 2003. He completed a substance abuse program in September 2003 with a favorable prognosis. He has abstained from drugs and consumes alcohol moderately. However, he intentionally failed to disclose the extent of his drug use in three security clearance applications and one sworn statement. Clearance is denied. CASE NO: 09-02602.h1


Criminal Conduct

07/02/2010

Applicant received a felony summons in March 2008, based on an incident that occurred in December 2007. She pled guilty to Controlled Substance-Obtain Fraud/Deceit- Att. Applicant successfully completed her deferred sentence of two years probation and community service one year early - in July 2009. She has an excellent employment record and has held a security clearance since 2006 without incident. She has mitigated the security concern under Guideline J. Clearance is granted. CASE NO: 08-11422.h1


Finances, Personal Conduct

07/01/2010

Applicant acquired about $14,500 in delinquent debt during periods of underemployment and unemployment. To date, all accounts have been addressed, with one remaining in repayment and one in dispute. When she completed her security clearance application, she gave notice of her financial situation in referencing about $14,500 in debts, although the debts noted somewhat varied from those reflected in her credit reports. She showed how this occurred through simple oversight. Applicant mitigated financial considerations and personal conduct security concerns. Clearance granted. CASE NO: 09-06130.h1


Financial Considerations

07/01/2010

Applicant acquired numerous debts in the early to mid-2000s, during a period when he separated from his first wife, was discharged from the military, divorced, and had difficulty finding stable employment. While some debts have been addressed and debt repayment plans have been devised to address most of his remaining debts, Applicant failed to offer evidence of consistent and timely payment on those plans. Financial considerations security concerns remain. Clearance denied. CASE NO: 09-03042.h1


Financial; Personal conduct

07/01/2010

Applicant has not mitigated security concerns under the financial considerations guideline. He has approximately $50,00 in delinquent debt. He has not resolved his debts by presenting proof of a payment plan for them. He deliberately omitted relevant information concerning his finances on his 2008 security clearance application. Clearance is denied. CASE NO: 09-02552.h1


Foreign Influence

07/01/2010

Applicant is 40 years old, married, and has two children. She works for a defense contractor. Her parents, brother, uncle, aunt, and mother-in-law are citizens and residents of the People's Republic of China (PRC). Her parents are members of the Communist Party and are retired university professors. Applicant has lived in the United States for 24 years and became a U.S. citizen in 1998. Applicant has substantial connections to the United States sufficient to overcome any vestigial familial contacts with the PRC. Clearance is granted. CASE NO: 09-00990.h1


Personal Conduct; Use of Information Systems

07/01/2010

Over the years, Applicant engaged in a number of questionable activities, including surfing the Internet for pornography on his work computer and falsifying the amount of time worked on a Government contract. This raises security concerns that he failed to mitigate. Clearance is denied. CASE NO: 07-16355.h1


Financial Considerations

07/01/2010

Applicant acquired debts while educating her children and while her husband's employment was interrupted by medical issues. She satisfied two debts and is in repayment on one debt, but she failed to provide evidence of timely and regular payments on her home loan. Moreover, her son will not take responsibility for his student loans, on which Applicant is a co-signer, and she does not have the funds to pay them or meet her monthly obligations. Financial considerations security concerns remain. Clearance denied. CASE NO: 07-03126.h1


Financial

06/30/2010

Applicant accumulated a number of delinquent debts during periods of unemployment. He has since returned to work and is in a position to address his old debts. His financial counselor advised him to avoid paying off his old debts that are barred by statutes of limitations for the most part and concentrate his resources on paying his newer accounts and building up his credit score. To date, he has relied on his counselor's advice and addressed only his newer accounts. Despite some encouraging progress in managing his finances, Applicant is unable to mitigate financial security concerns. Clearance is denied. CASE NO: 09-06312h.1


Financial

06/30/2010

Applicant was granted credit after a Chapter 7 bankruptcy discharge in 2000. Several of his financial accounts, including his home and vehicle loans, became seriously delinquent between 2006 and 2008 because of his divorce and unemployment. He averted foreclosure through a short sale of the family home, but owed $32,350 in back child support as of February 2009, and about $17,660 on his loan for a repossessed vehicle. Through garnishment of his wages and interception of his tax refunds, the child support arrearage has been reduced to about $15,000, but he has made minimal payments, if any, on other debts. The financial concerns are not mitigated. Clearance is denied. CASE NO: 09-06139.h1


Financial

06/30/2010

Since 2003, Applicant has accumulated 19 delinquent debts totaling approximately $22,000. Applicant's job losses and her enrollment in a credit restoration company in December 2009, without more, are insufficient to overcome the adverse evidence under the financial considerations guideline. Eligibility for access to classified information is denied.


Financial; Drugs; Alcohol; Criminal Conduct; Personal Conduct

6/30/2010

The Applicant has not made a good-faith effort to pay or resolve his past due indebtedness. He has not shown sufficient rehabilitation. All other allegations are found for Applicant under the particular circumstances of this case. Clearance is denied. CASE NO: 09-02258.h1


Financial; Personal Conduct

06/30/2010

Applicant lacks a track record of financial responsibility. Moreover, she deliberately falsified her security clearance application. Financial considerations and personal conduct security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-00195.h1


Financial; Personal Conduct

06/30/2010

Applicant was convicted of forgery for writing checks on fictitious accounts and accumulated delinquent debts in excess of $33,000 during periods of severe financial strain. While he has since paid most of the debts, a number of the listed debts remain unresolved. Applicant's forgery conviction still raises trust concerns, and too many of his debts remain unresolved at this time to enable him to mitigate financial concerns. Applicant mitigates security concerns covering his alcohol-related conviction and listed traffic citations. Clearance is denied. CASE NO: 08-11735.h1


Financial

06/29/2010

Applicant accrued over $138,000 in delinquent debt since 2007. All of it remains unresolved, as he intends to file a Chapter 13 bankruptcy. He deliberately failed to file federal income tax returns for 2006 to 2008, until April 2010. The Internal Revenue Service garnished his wages for unpaid taxes for 2005. He is making monthly payments to the Internal Revenue Service for unpaid taxes for 2004. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Financial

06/29/2010

Applicant accrued approximately $128,000 in delinquent debt since 2006, consisting of unpaid mortgage amounts and large tax liens. Although he asserted that he resolved the majority of it, he did not document his claims. He failed to mitigate the security concerns raised under Guideline F. Clearance is denied.


Financial; Personal Conduct

06/29/2010

Applicant mitigated the Government's security concerns generated by his financial delinquencies and his omission of financial information from his security clearance application. Clearance is granted. CASE NO: 09-01296.h1


Financial

06/28/2010

Fifty-six year old Applicant's financial situation started to deteriorate in 1986, when his wife sustained a workplace injury. Subsequent events, including family health issues and the loss of two residences to fires, purportedly resulted in unspecified financial problems. Despite having his unsecured delinquent debts discharged under Chapter 7 of the U.S. Bankruptcy Code on two occasions, in December 1986 and September 1996, in February 2009, Applicant and his wife again filed for bankruptcy, this time under Chapter 13 of the U.S. Bankruptcy Code. For unspecified reasons, he continued to accumulate substantial delinquent debt. Applicant never explained how his accounts became delinquent, or why he was unable to pay them. He offered no evidence of any earlier, or current, good-faith efforts to pay his creditors. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Financial

06/28/2010

Applicant presented sufficient information to show he has paid, resolved, or successfully disputed most of the eleven debts totaling more than $34,000 attributed to him since 2001, when he separated from his wife. His current finances are sound, and his circumstances have changed sufficiently to predict his financial problems are unlikely to recur. Clearance is granted. CASE NO: 09-03927.h1


Financial

06/28/2010

Applicant is a 64-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems that are ongoing. He does not appear to have a firm grasp or command of his finances. It is too soon to tell if he will be able to make and maintain progress on repaying his delinquent debts. There is insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his financial problems. Clearance is denied. CASE NO: 09-03757.h1


Personal Conduct; Security Violations

06/28/2010

Applicant refuted an allegation that he disclosed classified information to family members and a foreign diplomat and an allegation that he removed classified material from his workplace. He was denied eligibility for access to sensitive compartmented information in 1990, after he failed to complete a polygraph examination, and he intentionally did not disclose the denial on two subsequent security clearance applications, based on advice from his security manager. He has mitigated security concerns arising from his personal conduct. Clearance is granted. CASE NO: 08-02775.h1


Financial Considerations

06/25/2010

Applicant offered to financially help his parents by acquiring credit cards for their use. The parents ultimately declared bankruptcy and informed their son they could not pay the balances owed. Applicant does not believe he should have to pay the balances owed. Although an offer to settle one debt was extended during litigation, Applicant provided no evidence the settlement offer was accepted and paid. Financial considerations security concerns remain. Clearance denied. CASE NO: 09-06990.h1


Drugs

06/25/2010

Applicant is 41 years old. While on his honeymoon, overseas, he used ecstasy one time. He held an Interim Secret security clearance at the time and self- reported his use. He provided substantial evidence that his actions were an aberration and he never intends to use illegal drugs again. Applicant mitigated the security concerns raised under Guideline H, Drug Involvement. Clearance is granted. CASE NO: 09-06313.h1


Financial; Personal Conduct

06/25/2010

Applicant did not file timely federal or state income tax returns for tax years 2000 through 2004. In October 2007, a state tax lien was filed against him for $12,619.30, which was released in June 2009. In December 2009, he entered into an agreement with the Internal Revenue Service to repay about $90,000 in delinquent federal income taxes at $200 per month, and he has been repaying a delinquent credit card debt of $3,215 at $150 per month since June 2009. It is too soon to conclude that his financial problems are safely in the past. Personal conduct concerns raised by his omission of any tax debts from his security clearance application are also not mitigated. Clearance is denied. CASE NO: 09-06260.h1


Guideline F

06/25/2010

Applicant argues that she did not anticipate that Department Counsel would be against her at the hearing. Applicant received written guidance advising her that the hearing is an adversarial proceeding in which the parties have the responsibility to present their respective cases and that the Government is represented by an attorney known as Department Counsel. Applicant was represented by a personal representative at the hearing. Adverse decision affirmed.


Foreign Influence

06/25/2010

Applicant was born in Taiwan, but has lived in the United States since 1991. She has not been in touch with her two brothers in Taiwan since 2009. She has an extended family in Taiwan with whom she has infrequent contact. Applicant also has several friends who live in Taiwan, with whom she has more frequent contact. Her sister and sister-in-law live in the United States. Applicant has been married to a U.S. citizen for more than 20 years, and has two sons who were born in the United States. She earned two masters degrees in law at U.S. universities. She owns a home in the United States valued at $500,000. She receives excellent performance evaluations. She volunteers in her community, helping immigrants to pass the U.S. citizenship examination, and has received a Governor's Volunteer Award. She worked for federal contractors for three years, holding an interim security clearance without incident. Applicant's longstanding history of strong ties to the United States outweighs her ties to Taiwan. Clearance is granted. CASE NO: 09-04217.h1


Criminal Conduct; Financial

06/25/2010

Applicant is a 47-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems that are ongoing. In addition, in 2008, Applicant pleaded guilty to the felony offense of cocaine possession, although adjudication of guilt and sentencing were withheld based on her participation in a pretrial diversion program. She completed the program and the criminal case was dismissed in 2009. There is insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from her financial problems and her relatively recent criminal history record. Clearance is denied. CASE NO: 09-02017.h1


Guideline G; Guideline E

06/25/2010

Th Board does not a read sentence in isolation. Adverse decision affirmed.


Financial; Personal Conduct

06/25/2010

Applicant is 63 years old. He repeatedly and knowingly failed to file his Federal income tax returns on time and his wages were garnished in 2004. He failed to file his 2005 to 2009 federal income tax returns. He failed to file his state tax returns from 1999 to 2005 on time. He failed to file his 2006 to 2009 state income tax returns. His wages were garnished to pay his taxes. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-00058.h1


Alcohol; Personal Conduct

06/25/2010

Applicant is a 50-year-old employee of a defense contractor. He was arrested in 2001 and 2005, and convicted of alcohol-related driving offenses. In 2008 and 2009, he was dishonest with background investigators about his drinking. Applicant has not mitigated the security concerns raised by his alcohol consumption and personal conduct. Clearance is denied. CASE NO: 08-04615.h1


Guideline G; Guideline E

06/25/2010

Applicant deliberately provided false information to the government multiple times over the last decade. Adverse decision affirmed.


Financial; Personal Conduct

06/24/2010

On remand, Applicant has had a history of overdue debts. At the hearing she indicated she planned to resolve her remaining overdue debts in bankruptcy. More than one year has elapsed since the hearing , but Applicant has not filed for bankruptcy. Mitigation has not been shown. Clearance is denied.


Personal Conduct; Foreign Influence

06/24/2010

Personal conduct concerns are raised over Applicant's misstatements and inconsistencies in his employment applications and passport history. Too many of his inconsistences cannot be reconciled to credit him with having the minimal standards of judgment and trust required to access classified information. Applicant does not mitigate personal conduct concerns. Applicant is able to mitigate foreign influence concerns by minimizing any heightened risks associated with his linguistic work and his having family members who are citizens of Jordan that reside in Israel and Jordan, respectively. Clearance is denied. CASE NO: 08-04328.h1


Personal Conduct; Financial; Alcohol; Criminal Conduct

06/24/2010

Applicant applied for higher-level access to classified information. During her security investigation interview, she admitted using marijuana about three times a month between 2001 and 2004, when she held a security clearance. Applicant failed to list this information on a security clearance application executed in 2006, and she failed to disclose this information in three subsequent security clearance interviews. She denied ever using marijuana at her security clearance hearing. Additionally, Applicant is responsible for multiple delinquent debts, and she lacks sufficient resources and a viable plan to satisfy those delinquencies. She has a history of criminal conduct, dating from 1999 to 2008. In May 2008, she was arrested for driving while intoxicated, and in September 2008, she was cited for drinking in public. She completed a court-ordered alcohol safety awareness education program, and she no longer drinks alcohol. While Applicant mitigated security concerns under the alcohol consumption adjudicative guideline, she failed to mitigate security concerns under the personal conduct, financial considerations, and criminal conduct adjudicative guidelines. Clearance is denied. CASE NO: 07-18496.h1


Financial; Personal Conduct

06/23/2010

Applicant mitigated the financial considerations security concerns. However, he deliberately falsified his security clearance application. Personal conduct security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-07830.h1


Financial

06/23/2010

Applicant accumulated numerous delinquent debts in 2008 when both he and his wife were laid off from their jobs and they incurred significant medical bills not covered by insurance as a result of the premature birth of their son. The mortgage on their home was foreclosed in July 2009, and the home was auctioned in September 2009. Applicant has resolved or negotiated payment plans for all his delinquent debts except one credit card account. The record does not reflect whether there is an unresolved deficiency on the foreclosed home mortgage. Clearance is granted. CASE NO: 09-06023.h1


Drugs

06/23/2010

Applicant used and purchased marijuana from age 15 until shortly after his 19th birthday. About to turn 21 years old, Applicant has been drug-free for two years and has matured considerably. He avoids public functions where drugs are expected to be present, removes himself from situations where marijuana is used, and concentrates on his studies, work, and his health. He has also signed a statement of intent not to use illegal drugs in the future. Applicant mitigated drug involvement security concerns. Clearance granted. CASE NO: 09-05421.h1


Financial

06/23/2010

Applicant is 68 years old and employed as a QA Lab Analyst Staff by a defense contractor. The Applicant's excessive indebtedness caused by credit card overspending and increased interest rates is being resolve through a Chapter 13 bankruptcy payment plan. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-02837.h1


Foreign Preference

06/23/2010

Applicant, who was born in the United States and holds U.S. citizenship, is also a dual citizen of Turkey because he was born to parents who were Turkish citizens. In 2002, he acquired a Turkish passport in order to file an application with the government of Turkey to postpone his compulsory military service in Turkey. Although Applicant recently expressed a desire to renounce his Turkish citizenship and relinquish his expired Turkish passport and an active Turkish National ID card, these expressions contradict strong assertions he made seven months previously that he was unwilling to renounce his Turkish citizenship and relinquish his expired passport. Applicant's assertions of a change of heart were not persuasive. He failed to mitigate security concerns under the Foreign Preference adjudicative guideline. Clearance is denied. CASE NO: 09-02168. h1 DATE: 06/23/2010


Personal Conduct; Sexual Behavior

06/23/2010

Applicant's questionable behavior is mitigated by the passage of time, his character reputation, remorse, and his 22 years of honorable service which includes combat service. Eligibility for access to classified information is granted. CASE NO: 09-01509.h1


Financial

06/23/2010

Applicant is 33 years old and employed as an Engineer Technician by a defense contractor. His excessive indebtedness caused by unemployment, underemployment and a divorce after leaving the military in 2004, has been mitigated. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 08-10092.h1


Personal Conduct; Drugs

06/23/2010

Applicant has repeatedly made false statements to the Government about the extent of his drug use. His use of marijuana is also not mitigated because he has a long history of poor judgment. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 08-08814.h1


Drugs

06/22/2010

Applicant is 23 years old and employed as a Financial Analyst by a defense contractor. His experimental use of marijuana and Adderall while in college, and his one time use of marijuana in November 2009, after being hired by a defense contractor, has been mitigated. Clearance is granted. CASE NO: 10-03115.h1


Alcohol; Drugs; Criminal Conduct

06/22/2010

Applicant is 48 years old. He has two alcohol related convictions and a felony conviction for possession of a hand gun. He used marijuana with varying frequency from 1980 to 2007. He no longer uses it. He admits he is an alcoholic and sought treatment. He abstained from drinking alcohol for a period of time, but has resumed. Applicant mitigated the security concerns under Guideline H, Drug Involvement, but failed to mitigate the security concerns under Guideline G, Alcohol Consumption, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-07395.h1


Foreign Influence; Foreign Preference

06/22/2010

Applicant is 34 years old and employed as an Electrical Engineer by a defense contractor. He is a citizen of Taiwan, Canada and the United States. His close and continuing foreign contacts, that include his wife, parents and sisters, who are citizens and residents of Taiwan, and his mother-in-law and sister-in-law, who are citizens and residents of Hong Kong, pose a security risk. He currently possesses two foreign passports, a valid Taiwanese passport that he uses it to travel to Taiwan, and an invalid Canadian passport. Clearance is denied. CASE NO: 09-05200.h1


Financial

06/22/2010

Applicant incurred delinquent debts as a result of being laid off and several years of underemployment. She has been gainfully employed since May 2007. While she has looked into resolving her delinquent accounts, she has not resolved any of the debts alleged in the SOR. The security concerns under financial considerations are not mitigated. Clearance is denied. CASE NO: 09-04093.h1


Financial

06/22/2010

Applicant is a 52-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems, which is ongoing and not under control. There is insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-01960.h1


Foreign Influence

06/22/2010

Applicant came to the United States from Iran in 1978 to complete his education. He became a U.S. citizen in 1992. He is married to a U.S. citizen and has two children who are U.S. citizens. His sister and aunt are citizens and residents of Iran. Security concerns based on foreign influence are not mitigated. Clearance is denied. CASE NO: 09-00744.h1


Financial

06/22/2010

Applicant accumulated numerous delinquent debts when he entrusted the management of the family budget to his wife, who was financially irresponsible. He is now separated from his wife. He has received his share of the proceeds from the sale of the marital home, and he has resolved all his delinquent debts, except one that he has disputed. Clearance is granted. CASE NO: 09-00473.h1


Criminal Conduct; Personal Conduct

06/22/2010

Applicant is a 60-year-old employee of a defense contractor. He honorably retired from the Air Force with more than 30 years of honorable service. After retiring in 2000, he was involved in three minor criminal incidents: one in 2007, 2008, and 2009. He resolved two of them with the payment of small fines; the other was resolved with the imposition of a ban on his entry into a store. When he completed his public trust application he mistakenly failed to disclose one of the incidents, but did disclose a 2002 traffic violation. He mitigated the trustworthiness concerns arising under Guideline J and Guideline E. Eligibility for access to ADP I/II/III sensitive information is granted. CASE NO: 08-11046.h1


Drugs; Personal Conduct

06/22/2010

Applicant is a 72-year-old employee of a federal contractor. The record evidence shows Applicant has a history of drug abuse during the period of 1985 2006, when he used crack cocaine and marijuana, although his drug of choice was crack cocaine. Some of his drug abuse took place while he held a security clearance. Due to his cocaine use, he went through drug treatment programs twice, the first time in 1985 and the second in 2006. He has not used cocaine since completing the program in 2006. Applicant did not provide full, frank, and candid answers to questions about his drug abuse during the security clearance process. There is insufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied. CASE NO: 08-10285.h1


Criminal Conduct; Personal Conduct

06/22/2010

During a seven-year period from 1998 to 1995, Applicant was arrested five times. Three arrests were for driving under the influence, one arrest was for murder, and one arrest was for vehicle theft and receipt of stolen property. Applicant's murder arrest resulted in his being convicted for involuntary manslaughter. Four of his arrests involved a parole or probation violation and three arrests resulted in his being incarcerated. He was fired from his job in 2007 after 11 years of employment. Applicant successfully mitigated personal conduct concerns following his being fired in 2007. However, he was unable to mitigate criminal conduct concerns for his past criminal behavior. Clearance is denied.


Financial

06/22/2010

Applicant is 68 years old. She has 67 delinquent judgments, tax liens, and other debts. Her financial problems stem from properties she received in a divorce settlement. Applicant was the owner of the properties, and when she could not afford to pay the mortgages or taxes, she allowed them to be foreclosed. She did not provide any supporting documentation to show the debts have been paid and the financial issues are resolved. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 04-12963.h1


Financial; Personal Conduct

06/21/2010

Applicant paid the two delinquent debts alleged in the Statement of Reasons in 2004. He did not intentionally falsify his Questionnaire for National Security Positions. Clearance is granted. CASE NO: 09-07078.h1


Guideline F

06/21/2010

The record supports DOHA's jurisdiction in this case. Applicant is seeking a Top Secret clearance. His current clearance is at the Secret level. Under DOD 5220.22M (the NISPOM), DOHA is not barred from adjudicating the case at hand. Adverse decision affirmed.


Financial

06/21/2010

Applicant accrued about $19,838 of debt for seven past-due or delinquent accounts. His financial problems arose began when he was unemployed and his wife and child required hospitalization due to pregnancy and delivery complications. Applicant tired in vain to negotiate with creditors in 2001, when his problems started, and in 2006, when he started earning a substantial income. His current finances are sound, and it is unlikely his financial problems will recur. Clearance is granted. CASE NO: 09-03514.h1


Financial

06/21/2010

Applicant is 51 years old and employed as a Precision Machinist by a defense contractor. His excessive indebtedness brought on by a knee injury, causing four years of unemployment and disability, a move, and inadequate credit protection insurance, has been mitigated by a good faith effort to resolve is indebtedness. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-03237.h1


Alcohol; Drugs; Personal Conduct; Criminal Conduct

06/21/2010

Applicant is 60 years old and employed as an Aerospace Engineering Manager by a defense contractor. He is an alcoholic who has been unable to maintain sobriety. He has used an assortment of illegal drugs, the most recent use occurred just two years ago. He deliberately provided false information on his 2004 security clearance application and violated Title 18, United States Code, Section 1001. There is insufficient evidence of rehabilitation and mitigation. Clearance is denied. CASE NO: 09-02395.h1


Guideline F

06/21/2010

Even if Applicant's massive mortgage debt is forgiven, that fact does not render the Judge's adverse security clearance decision unsustainable. A security clearance adjudication is not a proceeding aimed at collecting debts. A security clearance adjudication is aimed at evaluating an applicant's judgment, reliability, and trustworthiness in order to make a decision about the applicant's security eligibility. Even in cases where a delinquent debt is legally unenforceable, the federal government is entitled to consider the facts and circumstances surrounding an applicant's conduct in incurring and failing to satisfy the debt in a timely manner. Adverse decision affirmed.


Criminal Conduct; Sexual Misconduct; Personal Conduct

06/21/2010

Applicant is 33 years old and employed as a pilot by a defense contractor. In 2004, Applicant was arrested and charged with Attempted Sexual Assault of a Victim Under 16 a felony, and Use of Technology to Lure a Child. He pled guilty to the amended charge of Annoyance of a Minor and was sentenced to one year of probation. Since then he has undergone counseling, remarried, adopted a child, and turned his life around for the good. Sufficient evidence of rehabilitation has been shown. Clearance is granted. CASE NO: 09-02015.h1


Personal Conduct; Drugs; Criminal

06/21/2010

Applicant is 20 years old and employed as an Engineer Technician by a defense contractor. His recent history of drug abuse that includes marijuana, cocaine and ecstasy; his criminal conduct that includes grand theft and burglary; and his poor judgment; and questionable conduct that includes recent traffic infractions, has not been mitigated by sufficient evidence of rehabilitation an mitigation. Clearance is denied. CASE NO: 09-01515.h1


Drugs; Personal Conduct; Foreign Influence

06/21/2010

Applicant is 26 years old and employed as an Engineer by a defense contractor. His history of illegal drug use, and his continued use of marijuana after completing a security clearance application, and while working for a defense contractor, has not been mitigated. He did not deliberately falsify his security clearance application concerning his use of cocaine. His foreign contacts do not pose a security risk. There is insufficient evidence of rehabilitation concerning his illegal drug use. Clearance is denied. CASE NO: 09-01070.h1


Drugs; Personal Conduct

06/21/2010

Applicant is 33 years old and employed as a System Engineer by a defense contractor. His history of illegal drug use; his statement of intent not to use in 2004, and his continued use; his use psilocybin mushrooms after having been granted a security clearance; and his attempt to conceal his most recent drug use on his security clearance application, have not been mitigated by sufficient evidence of rehabilitation and mitigation. Clearance is denied. CASE NO: 08-11596.h1


Guideline B

06/21/2010

The Judge's material finding are based on substantial evidence. The extent to which Taiwan engages in economic or industrial espionage against the U.S. is a proper subject of official notice by a DOHA Judge. Adverse decision affirmed.


Guideline F

06/21/2010

Applicant relies heavily on Exhibit H. The Judge cited Exhibit H by name twice. The Judge reasonably noted the deletion of debts from Applicant's credit repot were without explanation. Adverse decision affirmed.


Financial

06/18/2010

The Government provided evidence of approximately $38,545 in delinquent debt, which started accruing in 2005. Applicant claims that he made payments on the debts, and worked with a law firm to resolve his debt. However, he provided no documentation to support these claims. Clearance is denied. CASE NO: 09-05547.h1 DATE: 06/18/2010


Financial

06/18/2010

Applicant mitigated security concerns about unpaid mortgages and other debts totaling in excess of $1,100,000, which arose from unforeseen circumstances. He is resolving several debts through a structured debt consolidation and repayment plan. His mortgages have been resolved through short sales, quit claim deeds, or foreclosures. Applicant's personal finances have stabilized, he is living within his means, and he is unlikely to experience similar financial problems in the future. Clearance is granted. CASE NO: 09-05534.h1


Financial

06/18/2010

Applicant purchased a home and financed it with an 80% adjustable-rate first mortgage and a 20% fixed-rate second mortgage. She fell behind on her payments after being laid off, and the home was foreclosed. Her credit report reflects a zero balance on the first mortgage and a balance due of $54,545 on the delinquent second mortgage, now held by another creditor and charged off as a bad debt. Applicant has not contacted the new creditor or tried to resolve the delinquent second mortgage. Clearance is denied. CASE NO: 09-04707.h1


Financial

06/18/2010

Applicant fell behind on several consumer credit card accounts in 2007 and 2008, when she was in college and her spouse held odd jobs following a job layoff. With some financial assistance from her parents and full-time employment with a defense contractor, Applicant has settled four debts over the past year. Her progress in resolving her debts has been hampered by having to file for divorce from her abusive spouse. She also took out a new loan to pay private school tuition for her young son. As of April 2010, she owed more than $12,000 in delinquent consumer credit debt. Based on her track record of debt repayment, she is likely to continue to address her debt. Clearance is granted. CASE NO: 09-02895.h1


Alcohol; Personal Conduct; Criminal Conduct

06/18/2010

Applicant's consumption of alcohol contributed to a conviction for DUI in 1995 and to a No Contest plea to Assault with a deadly weapon-semiautomatic firearm in 2006. He abstained from alcohol consumption from 2006 to 2008. In 2008, Applicant resumed alcohol consumption, despite alcohol contributing to the incidents in 1995 and 2006, receiving the advice from two treatment centers to abstain from alcohol consumption, and Applicant signing two written affidavits, in which he stated his intention not to consume alcohol in the future. Mitigation has not been shown. Clearance is denied.


Criminal Conduct, Alcohol Consumption, Drug Abuse, Personal Conduct

06/18/2010

During a 10-year period from 1997 to 2007, Applicant was arrested five times. Three arrests involved alcohol -- two DWIs and drinking in a public park. Two arrests involved marijuana use or possession. Applicant admitted using marijuana from 1994 until 2006, three months before he completed his security clearance application. Falsification concerns were mitigated as well as a previous job dismissal and two 2007 speeding tickets. Clearance is denied.


Financial

06/17/2010

Applicant is a 58-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems, to include state and federal tax debts. There is insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-01730.h1


Financial

06/17/2010

Applicant admitted to 14 delinquent debts totaling $10,539, three of which are for less than $100. He has a long history of financial problems. He presented no documentary evidence of good-faith efforts to pay, settle, or resolve his delinquent debts. He failed to mitigate financial considerations concerns. Clearance denied. CASE NO: 09-01208.h1


Foreign Influence

06/17/2010

Applicant is a linguist serving with U.S. forces in Iraq. He was born in Iraq. He sought and received asylum in the United States in 1996. He, his mother, his spouse, and his son have become citizens of the United States. His four brothers, a half-brother, and a half-sister are citizens and residents of Iraq. He has demonstrated that he will resolve any potential conflict of interest raised by his ties to Iraq in favor of the United States. Clearance is granted. CASE NO: 09-00010.h1


Financial

06/17/2010

Applicant has been able to successfully dispute and resolve several debts that were incurred by his ex-wife. His present financial situation is stable and current. Mitigation has been shown. Clearance is granted.


Financial

06/16/2010

Applicant owes between $120,000 and $137,000 for 34 debts that have been delinquent for several years. He did not present sufficient information to support his claimed disputes as to several of the debts in his credit history or to mitigate the security concerns about his indebtedness. Clearance is denied. CASE NO: 09-03578.h1


Financial; Criminal Conduct

6/16/2010

The Applicant has not made a good-faith effort to resolve his past due indebtedness. He has not shown sufficient rehabilitation regarding Financial Concerns. Criminal Conduct was mitigated. Clearance is denied. CASE NO: 08-10173.h1


Financial; Personal Conduct

06/15/2010

Applicant has established a plan to resolve his financial problems and has taken significant actions to implement his plan. The wrongful appropriation allegation concerns a one-time incident that involved primarily Applicant's negligence and no criminal intent, and it is temporally remote. His recent minor work-related disciplinary incidents do not raise security concerns. He mitigated both the financial considerations and personal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 09-04092.h1


Foreign Influence; Financial

06/15/2010

Applicant mitigated the Financial Considerations security concern, but failed to mitigate the Foreign Influence security concern. Clearance is denied. CASE NO: 09-03114.h1


Financial

06/15/2010

The Applicant has addressed his substantial past due debts through the filing of a Chapter 7 Bankruptcy, and he is making monthly payments towards his back taxes. Sufficient rehabilitation has been shown. Clearance is granted. CASE NO: 09-02669.h1


Foreign Preference; Foreign Influence

06/15/2010

Applicant works for a defense contractor. He was born in Iran and educated in the United Kingdom. In 1997 he immigrated to the United States for better employment opportunities. Applicant's wife is an Iranian citizen living in the U.S. His mother and siblings are Iranian citizens and residents. Applicant traveled to Iran eight times since 2002, including twice after he became a U.S. citizen. On these trips he used his Iranian passport. He went to Iran in September 2009, after he knew his journeys were a concern to the U.S. Government. He did not mitigate the foreign preference and foreign influence security concerns. Clearance is denied. CASE NO: 09-01793.h1


Financial; Foreign Influence; Personal Conduct

06/15/2010

Applicant's spouse, father, brother, and parents-in-law are resident citizens of Vietnam as of January 2010. Applicant applied for his spouse to immigrate to the United States, but foreign influence concerns are not yet fully mitigated. Financial concerns raised by delinquent debt of about $20,000, including a collection balance of $17,169, are not mitigated. Applicant lacks the funds to resolve the debt in the near future and a longer track record of payments is required to demonstrate financial responsibility. Personal conduct concerns because of Applicant's failure to disclose two old arrests, and any financial delinquencies, on his e-QIP are not established because he lacked the intent to conceal. Clearance is denied. CASE NO: 08-11698.h1


Financial

06/14/2010

Applicant is 34 years old. He accumulated delinquent debts when he was unemployed for two lengthy periods. He believed his student loans were deferred, but rather they were in default. He is in a repayment rehabilitation program. He consistently pays his child support and also supports his son's brother, who is not his biological child. He anticipates receiving a significant pay raise in the near future and intends to resolve the remaining debts he owes. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 09-06496.h1


Financial

06/14/2010

The Applicant is in the process of filing of a Chapter 7 Bankruptcy to address his substantial past due indebtedness. This last minute, post hearing, filing is too little, too late. Sufficient rehabilitation has not been shown. Clearance is denied. CASE NO: 09-05823.h1


Personal Conduct: Alcohol

06/14/2010

The Applicant falsified his 2008 e-QIP, and his follow up 2009 OPM Affidavit. Although his past alcohol related incidents are mitigated with the passage of time, the last occurring six years ago, sufficient rehabilitation has not been shown vis-a-vis his repeated falsifications. Clearance is denied. CASE NO: 09-04986.h1


Financial

06/14/2010

Applicant's lengthy history of financial difficulties, and her current inability to address any of her debts, render her an unsuitable candidate for access to classified information. Clearance denied.


Financial

06/14/2010

The Applicant filed a Bankruptcy in 2002, and is contemplating a second Bankruptcy to address his substantial past due debts. This is too little, too late. Sufficient rehabilitation has not been shown. Clearance is denied. CASE NO: 09-03164.h1


Financial; Personal Conduct

06/14/2010

Applicant lacks a track record of financial responsibility. She failed to mitigate financial considerations concerns. Moreover, she deliberately falsified her security clearance application. Clearance denied. CASE NO: 09-02938.h1


Guideline F

06/14/2010

The error demonstrated by applicant is inconsequential in light of the totality of the Judge's sustainable findings. It did not likely have an appreciable effect on the Judge's decision. The error is harmless. Adverse decision affirmed.


Criminal Conduct

06/14/2010

The Applicant's drug related Criminal Conduct occurred more than 10 years ago. She has paid her debt to society through her 11 months of incarceration, and her period of probation successfully ended three years ago. Sufficient rehabilitation has been shown. Clearance is granted. CASE NO: 09-01216.h1


Guideline J; Guideline E

06/14/2010

There is no requirement that the Judge mention or discuss every piece of record evidence. The application of disqualifying and mitigating conditions and whole-person factors does not turn simply on a finding that one or more of them apply to the particular facts of a case. Adverse decision affirmed.


Guideline M; Guideline E

06/14/2010

Applicant, a security officer, used a company-issued laptop computer to access pornographic web sites. Multiple times over a year. Adverse decision affirmed.


Drugs; Alcohol

06/14/2010

Applicant is a 40-year-old employee. The record evidence shows Applicant has a history of drug abuse (cocaine) from about 2001 through about January 2008. He then completed outpatient and inpatient treatment where he received a primary diagnosis of cocaine dependence and a secondary diagnosis of alcohol dependence, although it appears alcohol was never a serious problem for Applicant. He has abstained from cocaine since approximately February 2008, obtained full-time employment, and has a support system in place. He did not give full, frank, and candid answers to questions about his cocaine use in May 2008, when he completed a security clearance application. Likewise, his hearing testimony made in an effort to justify his answers was not credible. His lack of credibility undermines his evidence of reform and rehabilitation. Clearance is denied. CASE NO: 08-09232.h1


Criminal Conduct; Personal Conduct

06/14/2010

Applicant plead guilty to possession of a switchblade knife in 2003 and possession of marijuana in 2005. There is no evidence of criminal activity since 2005. Mitigation has been shown. Clearance is granted.


Financial; Personal

06/11/2010

Applicant failed to mitigate the security concerns created by her history of financial irresponsibility and the false information she provided in the security clearance application she submitted in July 2009. She has failed to take any meaningful action to resolve the debts listed in the Statement of Reasons (SOR). Her testimony and the evidence she presented give little reason to anticipate she will resolve those debts in the foreseeable future. Clearance is denied CASE NO: 09-06519.h1


Financial; Personal Conduct; Criminal Conduct

06/11/2010

Thirty-nine-year-old Applicant's financial situation started to deteriorate again in mid-2007, when she paid the monetary portion of a court-order stipulated judgment for infringement of copyright and she started to increase her credit card limits in preparation for her expected wedding. She lost her primary job and was unemployed for three months, and broke her engagement. Despite obtaining a new primary job, and a part-time job with a defense contractor, accounts became delinquent and were placed for collection. In November 2009, she had approximately $20,726 in delinquent SOR debts and approximately $55,000 in non-SOR delinquent student loans. Although she initiated some belated good-faith efforts to address a few debts, she ignored the remaining debts. Her explanations for omitting her past substance abuse in response to interrogatories convey the impression that she was deliberately evasive. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied.


Foreign Influence; Financial

06/11/2010

Applicant mitigated security concerns about close family ties in Afghanistan and Pakistan. All but two of his relatives no longer reside in either country. Two uncles, who still live in Afghanistan, do not present a risk of pressure or coercion. However, Applicant owes approximately $325,016 for 28 delinquent debts. Applicant was unable to support his claim that he was not responsible for those debts because they were either corporate debts not properly attributable to him, or that he had sold his business and the debts were the responsibility of his successor in interest. Having failed to meet his burden of persuasion, he did not mitigate the security concerns about his finances. Clearance is denied. CASE NO: 09-02220.h1


Financial

06/11/2010

Applicant is a 27-year-old college graduate pending employment with a federal contractor. The record evidence shows Applicant has a history of financial problems, to include defaulted student loans that are now in collection. There is insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-00620.h1


Foreign Preference, Foreign Influence

06/11/2010

Applicant was born in Iran. In 1996, she left there to join her parents who were residing in the United States. In 2002, she became a naturalized U.S. citizen. Her parents also became U.S. citizens and reside with her. Her only sibling is a naturalized U.S. citizen, residing here. She has other family members who are U.S. citizens and residents. Her connections to the United States are stronger than her connections to two cousins and one friend, who are citizens and residents of Iran. She renounced her Iranian citizenship and destroyed her Iranian passport, which she used to enter and exit Iran after becoming a U.S. citizen. She mitigated the foreign preference and foreign influence concerns. Eligibility for access to ADP I/II/II sensitive information is granted.


Criminal Conduct; Financial; Personal Conduct

06/11/2010

Applicant was cited 19 times between November 2001 and April 2007 for driving while his license was revoked, and he continues to operate a motor vehicle without a valid operator's license. He was convicted in April 2001 at a general court martial for assault, but his culpability for a March 2006 misdemeanor larceny was not established. He owes more than $52,000 in delinquent debt, and disclosed no past due debts on his security clearance application. The criminal conduct, financial considerations, and personal conduct concerns are not mitigated. Clearance is denied. CASE NO: 07-12019.h1


Personal Conduct; Information Technology

06/10/2010

The conduct which was the basis for another government agency denying Applicant’s access to SCI is mitigated based on the passage of time. Applicant’s current conduct raises no questions about his judgment, reliability, and trustworthiness. The Government did not establish a prima facie case with respect to the information technology concerns. Clearance is granted. CASE NO: 09-03471.h1


Financial

06/10/2010

Applicant is a 31-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems, which she does not dispute. The record evidence also shows that her financial problems are the result of a combination of circumstances largely beyond her control; she has obtained financial counseling and education; and her financial problems are being resolved through a Chapter 13 bankruptcy case, which also amounts to a good-faith effort to repay creditors or otherwise resolve the debts under the facts of this case. There is sufficient evidence to explain, extenuate, or mitigate the security concerns stemming from her history of financial problems. Clearance is granted. CASE NO: 09-03061.h1


Financial

06/10/2010

Applicant mitigated the financial considerations security concern. Clearance is granted. CASE NO: 08-10734.h1


Criminal Conduct

06/10/2010

Applicant mitigated the Government's Criminal Conduct security concern. Clearance is granted. CASE NO: 08-03938.h1


Criminal Conduct, Personal Conduct

06/10/2010

Applicant was charged with criminal conduct in four instances between 1996 and 2004. All four cases were dismissed. In the most serious incident, she and her husband were arrested because the police were informed that her house was being used to distribute illegal drugs. Her son was subsequently incarcerated on charges of drug distribution, and charges against Applicant and her husband were dismissed. Applicant did not intentionally falsify her security clearance application concerning her criminal conduct because she believed the questions required disclosure only of convictions. Moreover, she disclosed other negative information, indicating she did not have an intent to mislead the Government. Clearance is granted. CASE NO: 07-09877.h1 DATE: 06/10/2010


Drugs; Personal Conduct

06/09/2010

Applicant is 56 years old. He used marijuana to relieve stress after the terrorist attacks on September 11, 2001. He tested positive at a random drug screening. He was sent by his employer to a drug rehabilitation program. After returning to work, he began using marijuana in 2007 until October 2008, in varying amounts. He tampered with his urine used during a random drug test. After testing positive for marijuana by his employer, he used it one more time. Applicant did not disclose his prior marijuana use on his security clearance application. Applicant failed to mitigate the security concerns under Guideline H, Drug Involvement, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-04284.h1


Financial

06/09/2010

Applicant is 44 years old. He had two delinquent debts and a judgment. He disputed the medical debt believing his insurance company was responsible. Although he still disputed the debt, he decided to pay it to resolve it. He paid the remaining debt. He had the judgment vacated and was going to litigate the cause of action, but decided to settle it because the settlement amount was less than the cost of litigation. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 09-03772.h1


Guideline F

06/08/2010

Applicant's having held a clearance for many years without incident does not preclude the Government from denying him one due to his financial problems. Hearing Office decisions are not binding on the Board. The Board cannot consider new evidence on appeal. Adverse decision affirmed.


Guideline F

06/08/2010

The Judge's conclusion that Applicant had demonstrated no reasonable plan for debt repayment was sustainable. Prior decision cited by Applicant has significant differences from Applicant's case and, therefore, does not establish error by the Judge. Adverse decision affirmed.


Guideline E; Guideline F

06/08/2010

The fact that the Judge did not explicitly discuss Applicant's having paid off certain non-SOR debts does not undermine the Judge's whole-person analysis. Applicant has provided no reason to believe that the Judge mis-weighed the record evidence. Adverse decision affirmed.


Alcohol; Personal Conduct; Financial

06/07/2010

Applicant has been arrested for driving under the influence (DUI) three times. She successfully refuted allegations that she intentionally concealed her first DUI arrest, but she has not mitigated security concerns based on alcohol consumption and financial considerations. CASE NO: 08-11563.h1


Financial

06/07/2010

Applicant has presented insufficient evidence to find in his favor under the financial guideline. The dissolution decree shows the 2002 van is his former wife's responsibility. However, the dissolution decree, standing alone, is insufficient to support Applicant's claims that his house was foreclosed on in December 2006, and that his mortgage insurance will pay off the balance of the mortgage. Without financial counseling, and no evidence of actual repayment of delinquent debts, Applicant has not demonstrated his suitability for a security clearance. Eligibility for security clearance access is denied.


Drugs

06/04/2010

Applicant has occasionally used marijuana. He starting using marijuana in 2003, and he last used it in May 2009. He credibly affirmed that he did not intend to use any illegal substance in the future. Mitigation has been shown. Clearance is granted.


Drugs

06/04/2010

Applicant used marijuana with varying frequency from 1995 until April 2009, including at least three years when he was employed by his current employer. While he indicated that he did not intend to use any illegal substance in the future, Applicant's length and frequency of drug usage, the lack of any independent evidence as to Applicant's character, plus the lack of testimony by Applicant, made his stated intention less than credible. Mitigation has not been shown. Clearance is denied.


Financial

06/03/2010

Applicant is 55 years old. He satisfied two judgments. He has 24 remaining delinquent debts and judgments totally more than $72,000. He has not resolved or paid the debts. He disputes some debts, but did not provide documents to substantiate any actions he has taken. Applicant has failed to mitigate the security concerns under Guidelines F, Financial Considerations. Clearance is denied. CASE NO: 08-10439.h1


Drugs; Alcohol

06/02/2010

Applicant has not mitigated security concerns raised by her ten-year history of illegal drug and alcohol abuse. Clearance is denied. CASE NO: 08-07508.h1


Personal Conduct

06/02/2010

During a nine-year period from 1998 to 2007, Applicant was arrested four times and left four jobs under adverse circumstances. His arrests included felony computer tampering, felony criminal history records unauthorized disclosure, disorderly conduct - fighting, criminal damaged face, assault - touched to injure, and endanger life/health of minor. Clearance is denied.


Financial; Personal Conduct

060/7/2010

Applicant has mitigated security concerns under the guidelines for financial considerations and personal conduct. He has addressed his delinquent debts and he did not falsify his 2009 security clearance application. Clearance is granted. CASE NO: 09-05014.h1


Drugs

05/28/2010

Applicant's use of a variety of illegal drugs and legal drugs in a manner that deviates from medical direction, from 2002 to September 2009, has not been mitigated. Eligibility for access to classified information is denied.


Foreign Influence, Financial

05/28/2010

Applicant purchased a house in 2006. In 2009, he lost his job, and his brothers no longer helped him with his mortgage payments. He was able to sell the house through a short sale, but the lender required him to pay $5,000. Applicant has made the monthly payments. His credit report is otherwise healthy. Security concerns about financial considerations are mitigated. Applicant is a naturalized U.S. citizen who was born in Pakistan. His mother and sisters are citizens and residents of Pakistan. His wife and brother are Pakistani citizens who reside with Applicant in the United States. Applicant has close ties to his mother and fears for her safety in Pakistan. He speaks with her several times per month and sends money for her support. He intends to sponsor her immigration to the United States and have her live with him in the future. Applicant traveled to Pakistan three times between 2000 and 2004. Pakistan harbors Taliban extremists and Al-Qaida terrorists, and it engages in human rights violations. Applicant's close ties of affection and obligation to family members in Pakistan represent a heightened risk of exploitation. Security concerns under Guideline B are not mitigated. Clearance is denied. CASE NO: 09-04004.h1


Personal Conduct

05/28/2010

Applicant mitigated the security concern generated by his employment dismissal in 2004 for viewing pornography on the job, but failed to mitigate the security concern generated when he falsified the circumstances of his departure during a subsequent security clearance investigation. Clearance is denied. CASE NO: 09-03475.h1


Information Technology; Personal Conduct

05/28/2010

While acting as an Information Assurance Security Officer (IASO), Applicant deleted a co-worker's unclassified information system user account for no valid reason. He resigned his position in lieu of being fired. However, no sensitive information was compromised and the system itself was not affected. All of the information presented indicates this conduct was an aberration, and that Applicant's judgment, reliability, and integrity are sufficient for continued access to classified information. Clearance is granted. CASE NO: 09-01760.h1


Financial

05/28/2010

Applicant's history of financial difficulties began in 2001, after she lost a good paying position and depleted her savings. Until late 2006, she experienced periods of unemployment, underemployment, and incurred large medical expenses. At this time, she is making payments on one debt and on her student loan through a garnishment order. She is responsibly managing her finances, given her limited income. She mitigated the trustworthiness concerns arising under Guideline F. Eligibility for access to ADP I/II/III sensitive information is granted. CASE NO: 09-00950.h1


Financial Considerations; Personal Conduct

05/28/2010

Applicant has a history of delinquent debts that includes a Chapter 7 bankruptcy discharge. The debts covered in the bankruptcy (including all of the debts listed in the SOR) are attributable to the loss of full-time employment of both Applicant and his wife in the 2006-2007 time frame. After trying for several years to bring his mortgages current and pay off his old debts, he and his wife petitioned for Chapter 7 bankruptcy relief. They received their discharge and are in the process of renegotiating the loan payments on their first home. Overall, Applicant establishes both extenuation and mitigation with respect to the financial concerns associated with his debts. Favorable conclusions are warranted with respect to raised financial concerns. Additional security concerns raised over his SF-85P omissions are unsubstantiated. Eligibility for an ADP I/II/III position is granted CASE NO: 08-11666.h1


Guideline H; Guideline E

05/28/2010

There is no presumption of error below. An unchallenged finding need not be reviewed. An adverse conclusion under a single guideline is sufficient for an adverse decision. Adverse decision affirmed.


Guideline F

05/28/2010

The Judge's material findings are supported by substantial evidence. Favorable decision affirmed.


Financial

05/28/2010

Applicant incurred a significant amount of debt over the past six years due to periods of unemployment, underemployment, and medical expenses. She discharged all of the debts listed in the SOR, including a mortgage, through a recent Chapter 7 bankruptcy proceeding. She has sufficient income to remain solvent in the future. She mitigated the trustworthiness concerns arising under Guideline F. Eligibility for access to ADP I/II/III sensitive information is granted. CASE NO: 08-07568.h1


Financial

05/28/2010

The financial difficulties engendered by Applicant's high-risk investment enterprise, and his irresponsible handling of the ensuing debt when the market turned against him, render him an unsuitable candidate for access to classified information. Clearance denied.


Foreign Influence; Financial

05/27/2010

Foreign influence concerns are raised over Applicant's family members who are citizens and residents of Afghanistan. Applicant mitigates foreign influence concerns by minimizing any heightened risks associated with his linguistic assignment in Afghanistan where some of his immediate family members reside. Financial concerns are associated with Applicant's accumulation of a significant delinquent credit card debt in connection with a personal business he operated that encountered financial difficulties. Applicant has since satisfied his only listed debt and mitigates security concerns associated with his finances. Clearance is granted. CASE NO: 09-04074.h1


Foreign Influence

05/27/2010

Applicant is 42 years old. He is a Chinese linguist and is fluent in Japanese and other dialects. He taught English in the People's Republic of China (PRC), so he would be immersed in the culture and become more proficient in the language. He has minimal remaining contacts with the Chinese people. He has no close personal friendships there. He maintains some email contact and has an occasional phone call with some former students. Applicant successfully mitigated the security concerns under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 09-04073.h1


Foreign Influence; Foreign Preference

05/27/2010

Applicant mitigated foreign preference security concerns when he applied to renounce his Israeli citizenship and surrendered his valid Israeli passport to his facility security officer. Foreign influence security concerns were raised because of family members who are citizens of and reside in Israel. Concerns were mitigated because of Applicant’s longstanding ties and relationships in the United States, his 20 years of honorable active duty service in the U.S. Army, and his 21-year history of possessing a security clearance without incident. Clearance is granted. CASE NO: 09-03220.h1


Financial

05/27/2010

Applicant failed to pay his federal and state income taxes in 2001 and 2002, when he worked as an independent contractor. Additionally, he claimed deductions in subsequent years that were not allowed by the federal and state taxing authorities. He currently owes approximately $90,000 in delinquent federal income taxes, interest, and penalties and approximately $30,000 in delinquent state income taxes. Applicant failed to demonstrate that he has sufficient income to make regular payments in satisfaction of these and other debts he owes. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-02929.h1


Financial

05/27/2010

Applicant admittedly owed nine delinquent debts totaling more than $62,000. She filed for Chapter 7 bankruptcy relief in August 2009, but failed to provide documentation concerning the outcome of that case. Her December 2009 credit report makes no mention of a bankruptcy filing, and she provided no evidence of other resolution of those debts. Eligibility for access to classified information is denied. CASE NO: 09-02239.h1


Financial

05/27/2010

Applicant mitigated the Government's Financial Considerations security concern. Clearance is granted. CASE NO: 09-00406.h1


Financial; Personal Conduct

05/27/2010

Applicant owes 14 delinquent debts totaling more than $60,000, including substantial child support and student loan balances. He demonstrated no voluntary action to resolve any of these debts despite continuous employment for the past three years. He falsely denied the existence of these debts on his security clearance application, and provided insufficient evidence to mitigate the resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-00351.h1


Financial

05/27/2010

Most of Applicant's $150,000 in delinquent debt arose through circumstances beyond his control. However, he failed to take reasonable measures to pay or resolve the debts he was able to pay. He also failed to mitigate the security concerns arising from his failure to file federal or state income tax returns for the past 10 years. Clearance is denied. CASE NO: 08-10457.h1


Financial

05/26/2010

Applicant responsibly paid debts he had accrued because of unemployment by adhering to a payment plan for three years. He was then informed he owed back income taxes to State A. He had not filed returns during the three years that he lived and worked in another state. However, he owned a house in State A. He challenged the assessment because he did not live or earn income in the state. State A reassessed and determined he owed $90. Applicant paid the debt. He has resolved his financial obligations and allayed security concerns under Guideline F. Clearance is granted. CASE NO: 09-05664.h1


Financial

05/26/2010

Applicant paid two debts consisting of federal and state tax liabilities, but presented no evidence to show resolution on approximately $29,900 worth of other debt. He has not taken steps to resolve all of his delinquent accounts and his income is not sufficient to enter into payment agreements with his creditors. Financial considerations concerns are not mitigated. Clearance is denied. CASE NO: 09-04481.h1


Foreign Influence; Personal Conduct

05/26/2010

Applicant has close family ties in Afghanistan and Pakistan. He also deliberately omitted information about his background from his e-QIP, during his subject interview, and in response to DOHA interrogatories. Clearance is denied. CASE NO: 09-00164.h1


Drugs; Personal Conduct

05/26/2010

Applicant's 10-year-old drug use was mitigated by the passage of time, her changed environmental situation, and her commitment to a drug-free lifestyle. Evidence did not establish that she falsified her clearance application. Clearance granted.


Alcohol; Personal Conduct

05/26/2010

Applicant was denied a security clearance in 2005 based on personal conduct concerns. He engaged in multiple incidents of similar conduct, some alcohol-related, during the ensuing three years. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 06-10859.h1


Financial

05/25/2010

Applicant failed to file and timely pay her federal income taxes for several years, and she owes the Internal Revenue Service over $36,000 in delinquent taxes, penalties, and interest. She lacks sufficient income to make regular payments in satisfaction of this debt at the present time. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-04370.h1


Foreign Preference

05/25/2010

Applicant is a dual citizen of the United States and Australia from birth, who was raised and educated in Australia. Despite his continuous employment in the United States since March 2001 and his marriage to a U.S. citizen in July 2005, he actively exercises his Australian citizenship by possessing and using an Australian passport to visit his family in Australia. Clearance is denied. CASE NO: 09-01689.h1


Guideline F; Guideline E

05/25/2010

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


Financial

05/24/2010

Applicant accumulated delinquent debts totaling about $44,000, including about $19,000 in delinquent student loans, due to bad judgment and inexperience. She has paid one $470 debt. She states that she is making payments on her student loans and a personal loan, but she has provided no documentary proof of payment. Clearance is denied. CASE NO: 09-04229.h1


Financial

05/24/2010

Applicant failed to mitigate the security concerns raised by information that shows she has incurred $361,539 in delinquent debt consisting of two foreclosed mortgages, two charged-off equity lines of credit, and three other personal debts since 2008. Available information shows she is unable to pay her debts and that her finances are likely to worsen within the coming year. Clearance is denied. CASE NO: 09-01785.h1


Criminal Conduct; Personal Conduct; Sexual Behavior

05/24/2010

Applicant mitigated the security concerns generated by his sexual behavior and criminal conduct, but failed to mitigate the security concern generated by his personal conduct. Clearance is denied. CASE NO: 08-08761.h1


Financial

05/21/2010

Applicant is 33 years old. He has several delinquent debts that are not paid. He recently entered into a student loan rehabilitation program. He is paying child support and an amount for arrearages. Applicant is unable to pay his delinquent debts because he does not earn enough money. Applicant intends to begin repaying some of his delinquent debts once his student loan payment is reduced and his car is paid off. 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. CASE NO: 09-03614.h1


Financial

05/21/2010

Applicant has established a plan to resolve his financial problems and has taken significant actions to implement his plan. He mitigated financial considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 08-10451.h1


Criminal Conduct; Alcohol Consumption; Financial; Personal Conduct

05/21/2010

Applicant mitigated the security concern generated by his alcohol consumption, but failed to mitigate the security concerns generated by his criminal conduct, personal conduct, and troubled finances. Clearance is denied. CASE NO: 08-04887.h1


Financial

05/21/2010

Forty-three-year-old Applicant's financial situation started to deteriorate in 2002, when he filed for bankruptcy under Chapter 7 of the U.S. Bankruptcy Code. His $63,435 in unsecured consumer debt was discharged in 2003. Despite having a clean financial slate, his financial problems continued and, as of October 2009, his SOR- related delinquent accounts total approximately $89,901, including $83,308 in delinquent student loans. And he amassed additional non-SOR delinquent debts. While he has made small payments on some accounts in 2007 and the day before the 2010 hearing, he continued to ignore his other debts. He claimed he was making payments to some creditors but has offered little documentary evidence to indicate the existence of repayment plans or actual payments. In addition, he submitted to DOHA forged documents purporting to reflect payments or accounts in a "current" status. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Financial

05/20/2010

Applicant is a 29-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. CASE NO: 09-07001.h1


Financial; Personal Conduct

05/20/2010

Applicant is 49 years old, divorced, and has one child. Applicant owes the Internal Revenue Service on a tax lien for $23,776 and a mortgage foreclosure deficiency of $76,186. Applicant did not disclose these debts and three credit card delinquencies of more than 180 days on his security clearance application. Applicant did not mitigate the financial considerations and personal conduct security concerns. Clearance is denied. CASE NO: 09-04209.h1


Alcohol Consumption; Criminal Conduct

05/20/2010

Applicant started drinking alcohol in his early teens. He admits to heavy consumption of alcohol over a period of time. He had eight alcohol- related criminal conduct incidents in about 15 years. As a result of some of these incidents, he attended alcohol counseling and AA meetings. His last alcohol-related incident was in early 2008. His last incident of intoxication was December 2009, and his last drink of alcohol was on New Year's Eve 2010. He has been attending AA meetings and seeing an alcohol counselor since February 2009/2010. Applicant's recent counseling and attendance at AA is not sufficient to show he has been rehabilitated when considered against his long history of alcohol use and abuse. Eligibility for access to classified information is denied. CASE NO: 09-02897.h1


Financial

05/20/2010

The Applicant has done too little, too late, to address his admitted past due debts and back taxes. Sufficient rehabilitation has not been shown. Clearance is denied. CASE NO: 09-01800.h1


Drugs

05/20/2010

Applicant used marijuana on an occasional basis from 1977 to 2008. Insufficient mitigation is shown that he intends not to use drugs in the future. Clearance is denied.


Guideline F

05/20/2010

Although Applicant's financial problems originated from circumstances outside his control, the Judge concluded that he had done little to address them. Adverse decision affirmed.


Guideline G; Guideline E

05/20/2010

Applicant's appeal brief contained no assertion of harmful error. The Board does not exercise de novo review. Therefore, the Board cannot consider Applicant's appeal. Neither can the Board consider new evidence on appeal. Adverse decision affirmed.


Criminal Conduct; Alcohol; Drugs; Personal Conduct; Financial

05/20/2010

Applicant used marijuana from 1978 to at least August 2006, and consumed alcohol to excess from about 1979 to at least April 2007. He was arrested five times between May 2004 and August 2006 on domestic abuse, alcohol, or marijuana-related charges. He abstained from alcohol and illegal drug use since being treated for alcohol dependence in 2007, but he has been lax in his commitment to Alcoholics Anonymous (AA) of late. He deliberately did not disclose his marijuana involvement or his alcohol treatment on his April 2008 security clearance application. He also owes about $125,000 in medical debt that he does not intend to repay. Clearance is denied. CASE NO: 08-08723.h1


Guideline G; Guideline H; Guideline J; Guideline F; Guideline E

05/20/2010

Although he cleared Applicant under all but Guideline E, the Judge reasonably explained why the totality of evidence supported a finding that Applicant had deliberately omitted information from her security clearance application. Adverse decision affirmed.


Financial

05/19/2010

Applicant and his former wife agreed to share expenses but not income. Applicant's wife stopped assisting with paying debts in 2003, and the couple divorced in 2004. Most of the debts from the marriage are in Applicant's name and remain unpaid. Applicant paid a few small debts but the majority of his delinquent debts have not been paid. He has no plans on how he will pay the debts. Eligibility for access to classified information is denied. CASE NO: 09-04797.h1


Financial

05/19/2010

Applicant has nine delinquent accounts totaling $81,458. The two largest debts arose from the foreclosure of first and second mortgages on a home Applicant attempted to sell while on active duty in the U.S. Navy. She had the misfortune of trying to sell the home during the downturn in the housing market. The seven remaining debts are medical accounts totaling $6,428 which involved medical treatment for the chronic medical conditions of her two children, medical injuries incurred from an automobile accident in March 2008, and injuries suffered by Applicant from an the on-the-job gas leak. In September 2008, she left her abusive husband and filed for divorce. She is the sole supporter of her two children. She recently obtained a part-time job and moved in with her parents to save money. She does not have an excessive amount of consumer debt. She lives rather prudently. Circumstances beyond her control contributed to her financial situation and Applicant has acted responsibly under the circumstances. The mitigating evidence outweighs the concerns raised under financial considerations. Clearance is granted. CASE NO: 09-04220.h1


Foreign Preference; Foreign Influence

05/19/2010

Applicant, a naturalized United States citizen from Brazil, continues to vote in Brazilian elections to maintain his dual citizenship. Also, his wife, a naturalized U.S. citizen who is also from Brazil, works for a Brazilian government agency located in the U.S. that purchases material for the Brazilian government. Clearance is denied. CASE NO: 09-02829.h1


Foreign Influence

05/19/2010

Applicant is 58 years old. He was born in Afghanistan and left when he was 17 or 18 years old. He has been a naturalized citizen of the United States since 1981. All of his immediate family members are U.S. citizens. He has one brother who is a U.S. citizen who teaches at an American university in the United Arab Emirates. Applicant has served as a translator/linguist with U.S. forces in Afghanistan, in combat operations, for six years. Due to his longstanding loyalty and devotion to the United States, any conflict of interest he may have will be resolved in the interests of the United States. Applicant successfully mitigated the security concerns under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 08-11331.h1


Financial

05/19/2010

Applicant lacks a track record of financial responsibility. She failed to mitigate trustworthiness concerns based on financial considerations. Eligibility to occupy an ADP I/II/III position is denied. CASE NO: 08-06395.h1


Financial; Personal Conduct

05/18/2010

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


Financial

05/17/2010

Applicant accumulated a significant amount of debt beginning in 2004. He also failed to timely file income tax returns based on the advice from his attorney. To date, he failed to provide evidence that he has taken any steps to resolve or pay his debts, other than his intention to file a Chapter 7 bankruptcy within the next couple months. He failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial

05/17/2010

Applicant presented sufficient information to show he has paid, resolved, or successfully disputed most of the thirteen debts totaling $12,196 attributed to him since 2005, when he separated from his wife. His current finances are sound, and his circumstances have changed sufficiently to predict his financial problems are unlikely recur. Clearance is granted. CASE NO: 09-03794.h1


Financial

05/17/2010

Fifty-three-year-old Applicant's financial situation started to deteriorate in 1996, when he filed for bankruptcy under Chapter 13 of the U.S. Bankruptcy Code. His petition was converted to Chapter 7, and his unsecured consumer debt was discharged in 1997. His financial problems continued and in 2000, he again filed under Chapter 13. It was dismissed and refiled, and in 2002, it was dismissed. He was employed overseas during 2007-2008, and earned a largely tax-free salary. Upon returning to the United States he was unemployed for 11 months, but continued to draw his military retirement and unemployment compensation. His SOR-related delinquent accounts total approximately $20,743. While he has made small payments on some accounts and obtained a mortgage loan modification, he continued to ignore his other debts. He claimed he was making payments to some creditors but has offered little documentary evidence to indicate the existence of repayment plans or actual payments. Following the hearing but before the record closed, he filed for bankruptcy under Chapter 13. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Financial

05/17/2010

In 1995, a court entered two judgments against Applicant. In 1998, a federal tax lien was filed for unpaid taxes. Subsequently, she accumulated credit card and department store debts. To date, she failed to provide evidence that she has taken any steps to resolve or pay her obligations, despite receiving notice of the security concerns in early 2009. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Guideline H

05/17/2010

The Judge's application of Guideline 26(b) ignores contrary record evidence (Applicant's prior equivocal statements regarding possible future drug use). The Judge drew improper favorable inferences from the fact that none of Applicant's character witness's knew of her drug use. Favorable decision remanded.


Sexual Behavior; Personal Conduct; Use of Information Technology

05/17/2010

Applicant mitigated the government's security concerns arising from his viewing of pornography on a work-issued laptop computer. Clearance is granted. CASE NO: 09-02710.h1


Misuse of Information Technology Systems, Handling Protected

05/17/2010

Between the 1990s and 2006, Applicant looked at coworkers' classified files, deliberately viewed his supervisor's personal computer files, and looked for private information in her desk. Applicant was embarrassed by this behavior, and is vulnerable to coercion. He used his company computer, while at work, to view adult pornography. He also violated security rules by bringing a flash device and an active cell phone into a SCIF, and leaving a classified document unsecured. Applicant's access was revoked by another government agency. Applicant gave conflicting information during his security interviews and in other responses to government inquiries. Applicant has shown untrustworthiness and a willingness to violate security rules. Clearance is denied. CASE NO: 09-02392.h1


Financial

05/17/2010

In 1999, Applicant filed a Chapter 7 bankruptcy. In 2004, she filed a Chapter 13 bankruptcy that was dismissed in 2006 after she was in an automobile accident. Although she asserted that she resolved or paid approximately $11,000 of delinquent debt, she failed to provide specific evidence substantiating her claim. She has not resolved or taken steps to resolve another $18,000 of delinquent debt, despite receiving notice of the security concerns in May 2009. She failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Foreign Influence

05/17/2010

Applicant's wife, father, brother, and two sisters are citizens and residents of Iraq. He has not mitigated Foreign Influence security concerns. Clearance is denied. CASE NO: 08-10983.h1


Guideline F

05/17/2010

Applicant's second bankruptcy discharge occurred after the close of the record. It is the Judge who authorizes an extension in a Hearing Office proceeding. Adverse decision affirmed.


Alcohol

05/17/2010

Applicant has a lengthy history of episodic alcohol abuse that has resulted in six alcohol-related arrests spanning a 16-year period. He had a previous DOHA hearing for alcohol-related arrests and alcohol-related problems in July 2004 and was granted a clearance following that hearing. Subsequent to that hearing, he was arrested for driving under the influence. Applicant failed to mitigate security concerns raised given his lengthy history of alcohol-related arrests. Clearance is denied.


Financial

05/17/2010

Applicant lacks a track record of financial responsibility. He failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 08-09013.h1


Alcohol

05/17/2010

Applicant began drinking heavily in 2005 to relieve stress. She is alcohol dependent. She went through numerous detoxification and rehabilitation treatments, with multiple relapses between them. She completed a one-week inpatient program in October 2007. Since that date, she has abstained from alcohol, except for one relapse in April 2008, when she purchased a bottle of wine and drank a glass of it. She attends Alcoholics Anonymous regularly. She regularly sees a psychiatrist who has been treating her since early 2006. Her psychiatrist has given her a favorable prognosis, stating that her alcohol dependence is in remission and her recovery is "quite stable." Clearance is granted. CASE NO: 08-06495.h1


Guideline F

05/17/2010

Applicant's brief contends that the Judge did not consider Applicant's exhibits submitted after the hearing. The Judge's decision indicates otherwise. Adverse decision affirmed.


Financial

05/17/2010

Applicant is responsible for approximately $20,500 in delinquent debt. His failure to mitigate his financial delinquencies raises security concerns. Clearance is denied. CASE NO: 08-04850.h1


Financial

05/13/2010

Applicant is responsible for a number of unsatisfied debts, some which are several years old. His budget suggests that he spends approximately $226 more than he earns each month. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-08142.h1


Financial

05/13/2010

Applicant has three judgments, a delinquent account, and six accounts which have been charged off, are delinquent, or remain unpaid. The delinquent obligations total approximately $11,000. Additionally, Applicant has an unpaid $42,000 federal tax lien. Applicant has failed to rebut or mitigate the Government's security concerns under financial considerations. Clearance is denied. CASE NO: 09-03952.h1


Financial

05/13/2010

Applicant has paid none of the 24 delinquent debts listed in the Statement of Reasons. Applicant has failed to rebut or mitigate the Government's security concerns under financial considerations. Clearance is denied. CASE NO: 09-02348.h1


Personal Conduct; Alcohol

05/13/2010

Applicant was convicted of Driving While Intoxicated (DWI) in 1979 and 1993. In 2007, he was arrested for DWI and possession of a controlled substance, cocaine. Following a DIVERT court program, the cocaine charge was dropped. Applicant has yet to have his court appearance on the 2007 DWI charge. Applicant has had a security clearance since 1980. In 2007, he purchased and used cocaine. Applicant failed to rebut or mitigate the Government's security concerns under drug involvement and personal conduct. Clearance is denied. CASE NO: 09-02227.h1


Financial

05/13/2010

Applicant is responsible for a number of unsatisfied debts, some of which are several years old. Her budget suggests that she spends approximately $1,600 more than she earns each month. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-00447.h1


Personal Conduct; Financial Considerations

05/13/2010

Applicant gave a false answer on a Questionnaire for National Security Positions. Applicant had four accounts placed for collection and three other delinquent debts, which totaled approximately $19,000. Applicant has failed to rebut or mitigate the Government's security concerns under personal conduct and financial considerations. Clearance is denied. CASE NO: 09-00228.h1


Personal Conduct, Outside Activities

05/12/2010

Applicant failed to disclose his part-time involvement with a Subchapter S corporation on his security clearance application. He disclosed this involvement to an Office of Personnel Management (OPM) investigator the next month before she could ask him any questions about his employment. He resigned from this corporation in November 2009, ending any potential conflict of interest. Security concerns under Guidelines E and L are mitigated. Access to classified information is granted. CASE NO: 09-05655.h1


Financial

05/12/2010

Applicant is 41 years old. In 1995 she and her husband filed for bankruptcy and had their debts discharged under Chapter 7. She experienced extended periods of unemployment and accumulated more than $23,000 in delinquent debts. She has made promises to most of the creditors to begin making monthly payments. At this juncture, Applicant does not have a consistent history of paying her financial obligations. Therefore, 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. CASE NO: 09-04423.h1


Financial

05/12/2010

Applicant is a 48-year-old engineer for a defense contractor. She mitigated the security concerns raised by her history of delinquent debts. Clearance is granted. CASE NO: 09-04362.h1


Financial

05/12/2010

Applicant is 38 years old. He has approximately $64,000 in delinquent debt he owes on 14 accounts. He has not paid, resolved, or disputed the debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-03809.h1


Financial

05/12/2010

Fifty-five-year-old Applicant's financial situation started to deteriorate in 2001, when he was injured in a non-work related accident. In March 2002, he was terminated from a position that, at one point, paid him $75,000 per year. He remained unemployed, but continued to receive $40,000 per year in long-term disability benefits, until December 2004. His wife's health issues and several voluntary relocations created additional debts. Applicant paid off one judgment-debtor in 2004, but continued to ignore his other debts. He claimed he was making payments to some creditors and disputing some debts, but with one exception, he has offered no documentary evidence to indicate the existence of repayment plans or actual payments. He now intends to eventually file for bankruptcy under Chapter 7. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Personal Conduct; Criminal Conduct

05/12/2010

The Applicant was not candid with the Government on both his 2006 e-QIP and his 2008 e-QIP. These wilful falsifications are violations of 18 U.S.C. Section 1001. Sufficient rehabilitation has not been shown. Clearance is denied. CASE NO: 09-02701.h1


Financial Considerations; Personal Conduct

05/12/2010

Applicant had two accounts placed for collection, six student loans charged off, and was alleged to be $14,000 past due on his mortgage. Applicant has paid the two accounts placed for collection and is current on his student loans and mortgage. Applicant has rebutted or mitigated the government's security concerns under financial considerations and personal conduct. Clearance is granted. CASE NO: 09-02632.h1


Financial

05/12/2010

The Applicant has been making monthly payments towards all of her past due debts, save one. She also vows to exercise due diligence in addressing that one charged off debt. Sufficient rehabilitation has been shown. Clearance is granted. CASE NO: 09-01780.h1


Alcohol

05/12/2010

Applicant has a lifelong history of alcohol abuse which includes five serious alcohol-related incidents of misconduct. His last incident occurred in 2007. He relapsed in March 2008, while undergoing court-ordered treatment. Although he has been abstinent since March 2008, not enough time has passed to warrant a finding that his alcohol-related behavior is not likely to recur. Eligibility for access to classified information is denied. CASE NO: 08-11034.h1


Drug Involvement; Personal Conduct; Criminal Conduct

05/12/2010

In November 2005, Applicant sold illegal drugs and four months later illegally sold two pounds of marijuana. He was sentenced to five years imprisonment. In July 2007, he left prison, having served 16 months. He remains on probation until 2011. His last use of marijuana was a month before the hearing. Applicant has failed to rebut or mitigate the government's security concerns under drug involvement, personal conduct, and criminal conduct. Clearance is denied. CASE NO: 08-08850.h1


Financial; Alcohol

05/12/2010

Applicant's statement of reasons (SOR) lists 19 debts totaling $37,488. In the last three years she settled and paid 15 SOR and non-SOR collection debts totaling $22,186. She has a reasonable plan for resolving her remaining debts. Applicant had seven alcohol-related driving arrests from 1992 to July 2006. She stopped consuming alcohol in August 2006, except for consuming beer on one occasion in March 2007. She actively participates in Alcoholics Anonymous. Security concerns are mitigated and eligibility for access to classified information is granted. CASE NO: 08-06325.h1


Criminal Conduct; Alcohol

05/12/2010

Applicant was arrested in 2004 for failure to stop and give information following an automobile accident. The charge was dismissed. In 2006, Applicant was arrested for driving while intoxicated (DWI), which resulted in a 2009 conviction. Applicant has rebutted or mitigated the government's security concerns under criminal conduct and alcohol consumption. Clearance is granted. CASE NO: 08-01930.h1


Financial Considerations; Personal Conduct

05/12/2010

Applicant had three judgments and five accounts in collection totaling approximately $42,000. They have all been paid. When Applicant completed his Electronic Questionnaires for Investigations Processing (E-QIP) he was unaware of any delinquent financial obligation. In 1989, Applicant, the company he worked for, and other company employees were investigated for false, factitious, or fraudulent claims. The investigation concluded five years after Applicant had left the company. No criminal or civil action resulted from the investigation. Applicant has rebutted or mitigated the government's security concerns under financial and personal conduct. Clearance is granted. CASE NO: 07-12094.h1


Psychological Conditions; Alcohol Consumption

05/12/2010

Applicant has suffered from depression for the majority of his adult life. Alcohol consumption issues were collaterally identified when reviewing his mental health records. Applicant has demonstrated that his depression is readily controllable with treatment and he has demonstrated ongoing and consistent compliance with his treatment plan. The reported level of Applicant's past alcohol consumption was inaccurate. Regardless of purported past consumption, Applicant has not consumed alcohol since April 2008. Applicant has successfully mitigated these two security concerns. Clearance is granted.


Financial

05/11/2010

Applicant is 35 years old. He and his wife both had jobs in the real estate business. When the real estate market plummeted they were not earning incomes and were unable to pay their real estate mortgages. They continued to pay all of their other bills from their savings. Eventually the properties were foreclosed. The state where the properties were located had a law preventing mortgage companies from seeking deficiency judgments against certain creditors. Applicant was able to apply the law to his situation. Applicant has no delinquent debts. He changed jobs so he could have a more secure income source. He acted responsibly under the circumstances. Applicant successfully mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 09-03814.h1


Guideline F

05/11/2010

Applicant failed to demonstrate a track record of debt repayment sufficient to mitigate the security concerns in his case. The Board cannot consider new evidence. Adverse decision affirmed.


Guideline F

05/11/2010

The fact that a person's debts have been charged off does not mean that the person no longer owes the debts. The Judge did not abuse her discretion in denying Applicant's request for a second delay in the hearing. Adverse decision affirmed.


Guideline F

05/11/2010

Applicant failed to demonstrate that the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Applicant submitted new evidence not contained in the record, which the Board cannot consider. Adverse decision affirmed.


Financial

05/10/2010

Applicant lacks a track record of financial responsibility. He failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-04094.h1


Financial

05/10/2010

Applicant has managed to support a family of five on a limited income in an area of the country with a high cost of living. Unforeseeable events contributed to her inability to pay her debts. She has not claimed child support because her husband is violent and she does not wish to reveal her location. A mistake by a government agency caused her to pay more than 50 percent of her income in rent. Applicant sought to resolve her debts through consolidation loans, but did not qualify. She filed for bankruptcy in 2010. 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. Clearance is granted. CASE NO: 09-02117.h1 DATE: 05/10/2010


Guideline F

05/10/2010

The government is not estopped from issuing an adverse decision merely because there was a prior favorable adjudication. Adverse decision affirmed.


Financial

05/10/2010

Applicant had 27 delinquent accounts totaling $86,707. Of that amount, $37,460 was for past-due child support. While he has been making regular child support payments and has reduced the past-due balance to $22,000, he has not taken steps to resolve his other delinquent accounts. While some mitigating evidence applies to Applicant’s case, it does not outweigh the concerns raised under financial considerations. Clearance is denied. CASE NO: 09-00033.h1


Guideline F

05/10/2010

Applicant argues that her decision not to have a hearing appears to be the main reason she was denied a clearance. Considering the record in this case and the Judge's decision as a whole, Applicant has failed to establish error. Adverse decision affirmed.


Guideline H; Guideline G; Guideline E

05/10/2010

The Hearing Office cases cited by Applicant differ from her case in significant ways. Moreover, Hearing Office are not binding on the Board nor on Hearing Office Judges (including prior decisions by the same judge). Adverse decision affirmed.


Financial, Personal Conduct

05/10/2010

Applicant owed three different creditors over $50,000 in debts that he deliberately stopped paying in June 2005 to make them delinquent as part of a program he entered to attempt negotiated resolutions for lesser amounts. These debts all remained delinquent when he denied their existence on his July 2006 security clearance application, but have since been resolved. Financial concerns were mitigated, but personal conduct security concerns were not. Eligibility for access to classified information is denied. CASE NO: 08-05637.h1


Personal Conduct; Financial; Criminal Conduct

05/07/2010

Applicant is 24 years old. In 2006 he was charged with Deliver Drugs to Prisoner, a felony. He pled guilty to an amended charge of Obstruction of Justice. He arranged three-way phone calls for his cousin who was in prison serving a sentence for drug offenses. From the phone calls his cousin would then set up transactions to import drugs into the prison. Applicant was sentenced to 12 months in jail and served 72 days. He was on supervised probation for a year. In April 2008, he was arrested for Indecent Exposure. He pled guilty to Obscene Display. He was sentenced to 90 days in jail, which was suspended, and unsupervised probation. Applicant has paid some of his delinquent debts, but others are unresolved. He was terminated from his job on two occasions due to his personal conduct. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct, Guideline F, Financial Considerations, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-05065.h1


Financial

05/07/2010

Since 2007, Applicant has accumulated six separate debts totaling $183,115. She has made little or no effort to repay these debts. No mitigating conditions apply. Clearance is denied. CASE NO: 09-04257.h1


Guideline F; Guideline E

05/07/2010

The Judge concluded that Applicant presented no evidence that he has paid or attempted to resolve any of his debts since 2006. The Judge also concluded that Applicant's failure to pay even the smallest of his debts shows that he is financially overextended. Adverse decision affirmed.


Drugs; Foreign Preference

05/07/2010

Applicant is a 58-year-old U.S. native, who voluntarily acquired Irish citizenship. He smoked marijuana with his sons and nephews on occasion, no more than 25 times, in the seven years preceding his security clearance application filed in September 2008. Foreign preference concerns are mitigated because he had not exercised a benefit or privilege of his Irish citizenship. Drug involvement concerns are not mitigated because there is an unacceptable risk of recurrence. Clearance is denied. CASE NO: 09-01677.h1


Guideline F

05/07/2010

Applicant's appeal brief raises the possibility that he submitted a document that never reached the Judge. An equitable resolution of this case would be for Applicant to present the document to the Judge. Adverse decision remanded.


Guideline F

05/07/2010

Judge concluded that Applicant's financial problems began when she was a mature adult, and she failed to address her delinquent debts for a significant period, giving rise to concerns about her judgment and reliability. Judge's conclusion that Applicant had not mitigated the case against her in light of her promise to pay off her delinquent debts as soon as she cleared up all the discrepancies in her credit report was sustainable. Promises to pay off debts in the future is not a substitute for a track record of paying debts and otherwise acting in a financially responsible way. Adverse decision affirmed.


Financial

05/07/2010

Applicant relied on consumer credit cards to pay for living expenses during a period of inconsistent employment from May 2002 until September 2005. As of November 2009, he owed delinquent credit card debt of about $22,911 and 2007 federal and state income taxes totaling about $6,346. He is making regular payments on his income tax debt, but financial concerns are not fully mitigated. He has yet to address his credit card delinquencies, and he has no discretionary income despite an annual salary of $72,000. Clearance is denied. CASE NO: 08-09437.h1


Financial

05/07/2010

Thirty-seven year old Applicant's financial situation started to deteriorate in 2001, when he was commissioned in the state air national guard (ANG) and was required to relinquish his full-time job. During the period September 2001 until February 2006, he chose not to seek other permanent employment because he hoped to obtain a full-time position with the ANG and believed a permanent position elsewhere would interfere with his eligibility. He continued to accumulate substantial delinquent debt, which he ignored because he had insufficient money to pay his debts. Despite accepting a full-time position in April 2007, with a substantial salary, he continued to ignore his debts. He claimed he was initiating efforts to contact his creditors and setting up payment arrangements, as well as disputing some debts. In fact, his promises were not kept and he made little effort to pay his creditors. With few exceptions, he has offered no documentary evidence to indicate the existence of repayment plans or actual payments. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Personal Conduct; Criminal Conduct

05/06/2010

Applicant's falsification of his security clearance application and failure to provide candid information to an investigative agent during two interviews makes him an unacceptable candidate for a security clearance. Clearance is denied. CASE NO: 09-02063.h1


Financial

05/06/2010

Applicant is a 30-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. CASE NO: 09-01294.h1


Financial; Personal Conduct

05/06/2010

Applicant lacks a track record of financial responsibility. Moreover, he deliberately falsified his security clearance application. Eligibility for access to classified information is denied. CASE NO: 08-06798.h1


Financial

5/6/2010

The Applicant has made a good-faith effort to pay or resolve his past due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 08-05945.h1


Financial

05/05/2010

Applicant admitted 10 of the 12 statement of reasons (SOR) listed personal conduct allegations. However, at his hearing he mitigated all SOR allegations except for six incidents of fraudulent activity and one allegation of making a false statement to an Office of Personnel Management (OPM) investigator on February 21, 2008. He failed to mitigate security concerns under Guideline E. Access to classified information is denied. CASE NO: 07-06286.h1


Drug Involvement; Criminal Conduct; Personal Conduct

05/04/2010

The Applicant has an extensive history of Drug Involvement and Criminal Conduct. His drug abuse ended only two years prior to his hearing. Furthermore, he intentionally falsified his 2008 e-QIP in response to questions concerning his Drug Involvement and Criminal Conduct. Sufficient rehabilitation has not been shown. Clearance is denied. CASE NO: 08-11600.h1


Personal Conduct

05/04/2010

Applicant used marijuana and other illegal drugs for many years, and his credibility, trustworthiness, and judgement are extremely suspect, as he was not truthful or candid with information that he furnished to the United States Government on three Security Clearance Applications. Additionally, Applicant used illegal substances for several years after he received a Security Clearance. Mitigation has not been shown. Clearance is denied.


Alcohol Consumption; Personal Conduct

05/03/2010

Applicant is 51 years old and employed as a Mechanical Engineer by a defense contractor. He has held a security clearance since 1978. He is an admitted alcoholic with thirty-five years of excessive alcohol abuse. Since 2009, he has successfully completed an alcohol treatment program, is seriously involved in AA, and has been sober for 319 days. He has no intentions of drinking in the future. He has a history of dishonesty evidenced by his deliberate falsifications of his security clearance applications and his answers to interrogatories concerning his use of marijuana. There is insufficient evidence of alcohol rehabilitation or mitigation related to his personal conduct. Clearance is denied. CASE NO: 09-04144.h1


Security Violations; Information Technology; Personal Conduct.

05/03/2010

Applicant is 32 years old. While serving in the Army, he committed security infractions and misused his government computer. He divulged his conduct prior to taking a polygraph. It has been more than four years since his conduct. He is remorseful and committed to ensuring he complies with all rules and regulations. Applicant mitigated the security concerns under Guideline K, Handling Protected Information; Guideline M, Use of Information Technologies Systems; and Guideline E, Personal Conduct. Clearance is granted. CASE NO: 09-02694.h1


Financial

04/30/2010

Applicant has substantial unresolved financial delinquencies, and he lacks the resources at the present time to resolve those delinquencies. He has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Clearance is denied. CASE NO: 09-05813.h1


Financial

04/30/2010

Applicant accrued about $23,000 in delinquent debt between 1997 and 2007 through two failed marriages, loss of his current wife's income due to disability, and other unforeseen circumstances. He is also repaying a disputed claim for unpaid medical insurance costs filed by his first wife more than six years after they separated. Applicant has repaid or resolved most of his debts, his financial health is good, and he has no new debts. The presence of two unpaid tax debts no longer presents a security concern. Clearance is granted. CASE NO: 09-04847.h1


Financial

04/30/2010

Applicant has had a history of overdue debts, none of which have been resolved. Mitigation has not been shown. Clearance is denied.


Personal Conduct

04/30/2010

For several years, while holding a security clearance, Applicant has resided with and sheltered her husband, knowing he was in the United States illegally. Eligibility for a security clearance is denied. CASE NO: 09-02967.h1


Personal Conduct; Criminal Conduct

04/30/2010

Applicant is 26 years old and employed as a Range Support Specialist I, by a defense contractor. Applicant deliberately falsified her security clearance application concerning her arrest history and marijuana use. Her outstanding warrants, related to her history of criminal conduct in 2002, and 2003, have only recently been resolved. There is insufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 09-02493.h1


Financial

04/30/2010

Applicant accumulated delinquent debts and initially petitioned for Chapter 13 relief to resolve them. Later, she moved to voluntarily dismiss her petition13 petition to address her debts individually. Her 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. CASE NO: 08-02404.h1


Financial

04/30/2010

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


Financial

04/30/2010

Applicant has two overdue debts, that she is disputing with the aid of an attorney. Mitigation has been shown. Clearance is granted.


Financial

04/30/2010

Applicant was involved in an investment scheme in which he turned over his real estate equity and value of his retirement accounts to an investment group. He also authorized this investment group to open numerous credit cards in his name and withdraw the maximum cash advances allowed. The investment group forecast returns of two to three times in a relatively short period. Applicant remitted approximately $500,000 to the investment group and received nothing in return. His SOR alleged twelve debts totaling $215,797. To date, Applicant has resolved four of those debts. He was unable to mitigate security concerns raised. Clearance is denied. CASE NO: 09-00476.h1


Financial

04/30/2010

The Statement of Reasons alleges 23 delinquent debts amounting to more than $60,000. Applicant's current debts have accumulated since 2002. He attended counseling, but other than disputing numerous debts with the credit reporting agencies, he has done little to resolve his delinquencies. Without a payment plan or other efforts to meet his financial obligations, security concerns remain. Clearance is denied. CASE NO: 08-11526.h1


Financial

04/30/2010

Applicant admits owing more than $39,400 in 22 delinquent debts amassed after his 2002 Chapter 7 bankruptcy discharge of almost $60,000 in previous debt. He offered no evidence in mitigation of resulting security concerns. Eligibility for access to ADP I/II/III sensitive information is denied. CASE NO: 08-08031.h1


Financial

04/29/2010

Applicant's statement of reasons (SOR) lists three debts totaling $34,483. She settled and paid one debt. Another debt was cancelled. She has paid all of the third SOR debt except for $1,283, which will be paid at the end of April 2010. Financial considerations concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 09-05388.h1


Personal Conduct; Financial

04/29/2010

Applicant is a 63-year-old employee of a defense contractor. He mitigated Personal Conduct concerns. He did not provide sufficient evidence to mitigate the Financial Considerations security concerns raised by his failure to pay his state taxes. Clearance is denied. CASE NO: 08-04658.h1


Financial

04/29/2010

While running a private business, Applicant intentionally did not withhold state and federal taxes from his employees, resulting in federal and state tax liens that are not yet resolved. He also has accumulated five other debts. He disputes one and is making payments on two. Two are unresolved. He claims that one of the unresolved debts is paid, but he produced no proof. Clearance is denied. CASE NO: 09-04608.h1


Financial

04/29/2010

Applicant is a 55-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. CASE NO: 09-03770.h1


Financial

04/29/2010

Applicant had eighteen delinquent accounts totaling $20,186. Of that amount, $17,297 involved an automobile repossession in 2002. While Applicant had some mitigating circumstances and paid off several accounts, he remains financially over-extended. The mitigating evidence provided does not outweigh the concerns raised under financial considerations. Clearance is denied. CASE NO: 09-02960.h1


Guideline E

04/29/2010

The Judge's conclusions regarding the lack of knowledge on the part of Applicant's family and associates about Applicant's conduct are sustainable. Adverse decision affirmed.


Financial

04/29/2010

Applicant had six delinquent debts, which resulted from failure of his wife's business. He provided documentation showing that he paid four debts, and is paying on his payment plans for the two others. Applicant has resolved his financial obligations and allayed security concerns under Guideline F. Clearance is granted. CASE NO: 09-01736.h1


Guideline F

04/29/2010

Although the Judge was required to consider the untoward events in Applicant's history, Applicant's financial delinquencies predated the tragedies and continued unabated through the close of the record. Favorable decision reversed.


Foreign Influence; Foreign Preference.

04/29/2010

Applicant was born in Taiwan, attended high school in Canada, and attended college and graduate school in the U.S. She became a U.S. citizen in June 2007. All her siblings, most of her friends, and her boyfriend are U.S. citizens. Her parents lived in Canada and the U.S. for a while, but they have returned to Taiwan. After becoming a U.S. citizen, she traveled twice to Taiwan, using a Taiwanese passport. She has surrendered her Taiwanese passport to her security officer. Clearance is granted. CASE NO: 09-00118.h1


Financial; Criminal Conduct; Personal Conduct

04/29/2010

Applicant is 46 years old and employed as a Data Entry Inventory Specialist by a defense contractor. Applicant's financial delinquencies have been addressed. His criminal conduct and poor personal conduct in the military in 1999, involving larceny, forgery, and fraud, resulting in a bad conduct discharge, has been mitigated by sufficient evidence of reform and rehabilitation. Clearance is granted. CASE NO: 08-10432.h1


Financial

04/29/2010

Applicant has mitigated security concerns under the financial considerations guideline. He has settled or paid several accounts. He has a loan modification plan for his first and second mortgage. He is on a sound financial track. Clearance is granted. CASE NO: 07-18766.h1


Guideline E

04/29/2010

Applicant possessed private firearms in violation of a general order while in Iraq. He was involved in an incident in which two Iraqi nationals were shot. The Judge considered Applicant's military career but concluded that Applicant had failed to meet his burden of persuasion. Adverse decision affirmed.


Financial

04/28/2010

After Applicant was laid off from a well-paying job in June 2001, she accumulated numerous debts, including a defaulted home mortgage, a delinquent student loan, several delinquent credit card debts, and a federal income tax debt. She negotiated a modification of the mortgage, entered a rehabilitation program for the student loan, and negotiated payment plans for the delinquent income taxes and credit card debts. Clearance is granted. CASE NO: 09-06305.h1


Financial

04/28/2010

Applicant's inability to address approximately $56,800 in delinquent indebtedness was caused by living beyond her means. Even when the adverse economic indicators appeared, she did not modify her spendthrift financial habits accordingly. Applicant's eligibility for access to classified information is denied.


Financial

04/28/2010

Applicant is a 51-year-old employee of a federal contractor. The record evidence shows Applicant is a dual citizen of the United States and Ireland. Born in Ireland, she immigrated to the United States with her family when she was a young child. She completed her education in the United States, and then served 26 years of honorable military service in the U.S. Air Force, retiring in 2005. She obtained U.S. citizenship in 2006. Several months later she renewed an Irish passport previously issued to her in 1996. She possessed the passport until April 2010, when it was destroyed in the presence of her company's facility security officer. The record contains sufficient evidence to explain, extenuate, or mitigate any foreign preference security concerns. Clearance is granted. CASE NO: 09-04594.h1


Financial

4/28/2010

The Applicant is a former Navy Seal, who was the victim of identity theft while deployed to Iraq. Since his return to the U.S., he has corrected his financial records, thus demonstrating no past due debts or judgments. Clearance is granted. CASE NO: 09-04201.h1


Financial

4/28/2010

The Applicant has made a good-faith effort to pay his past due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 09-01561.h1


Financial

04/28/2010

Applicant's failure to have enough income tax withheld from his pay for the last 11 years, his inability to pay the full tax due, and his failure to arrange a repayment plan with the IRS, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial

04/28/2010

Although Applicant has made progress in getting her delinquent debts under control, it is too soon to conclude they no longer pose a security concern considering the amount remaining to be satisfied. Clearance is denied. CASE NO: 09-00686.h1


Foreign influence

04/28/2010

Applicant's close family ties to immediate family members in Pakistan raise a security concern. These ties consist of maintaining close and frequent contact with his mother and numerous siblings by frequent telephone contact and periodic visits. Applicant also owns real estate valued at $200,000 in Pakistan. Although Applicant has lived in the U.S. since 1998, been a U.S. citizen since 2007, and is married to a U.S. naturalized citizen of Pakistani descent with two U.S. born children, he was unable to mitigate security concerns raised. Clearance is denied. CASE NO: 08-11788.h1


Financial

4/28/2010

The Applicant has made a good-faith effort to pay his past due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 08-07574.h1


Financial; Foreign Influence

04/28/2010

Applicant failed to mitigate security concerns arising from her financial considerations and her contacts with relatives in Egypt. Eligibility for access to classified information is denied. CASE NO: 08-06925.h1


Financial

04/28/2010

Applicant accumulated 12 separate debts totaling about $26,000. These debts arose following a medical leave and a significant period of unemployment. Applicant also provided much needed financial assistance to his elderly parents. Financially devastated, Applicant filed Chapter 7 bankruptcy and was awarded a discharge. He has established a one-year track record of remaining current on his debts and submitted a budget demonstrating financial responsibility. Clearance is granted. CASE NO: 08-06100.h1


Protected Information; Personal Conduct

04/28/2010

During the 2004/05 time frame, Applicant failed to protect classified and special access program information while employed as a security manager for a defense contractor. She knowingly failed to maintain proper accountability of some top-secret classified documents, and exposed classified and special access restricted information to possible compromise by storing it in a vault accessed by employees not briefed to the program. Data was placed on a local area network (LAN) within her security cognizance in violation of a co-utilization agreement and the system's protection level. The evidence of reform is insufficient to overcome the serious concerns regarding the handling of protected information. But personal conduct concerns are not established in the absence of proof that Applicant acted with the intent to conceal or withhold classified material from government inspectors. Clearance is denied. CASE NO: 07-18613.h1


Financial

04/27/2010

Applicant has not mitigated security concerns under the financial considerations guideline. He has approximately $42,000 in delinquent debt. He was in the process of filing for bankruptcy in October 2009, but he has not produced evidence to demonstrate that the filing has occurred. Clearance is denied. CASE NO: 09-05504.h1


Personal Conduct; Financial

04/27/2010

Applicant is a 51-year-old employee of a defense contractor. He mitigated Personal Conduct concerns. He did not provide sufficient evidence to mitigate the Financial Considerations security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 09-04845.h1


Financial

04/27/2010

Applicant began accumulating debt in January 2002 while he and his wife were in college. Since then, he has experienced periods of unemployment, underemployment, lack of medical insurance, and disability. Since obtaining a permanent position with a defense contractor in December 2008, he has slowly begun addressing his delinquent debts. Recently, his wife obtained a good paying position that will contribute to the family income and assist in the resolution of his unpaid debts. He presented some evidence that his situation is coming under control. He mitigated the security concerns raised under the financial considerations guideline. Clearance is granted.


Financial

04/27/2010

Applicant owes almost $25,000 for 16 delinquent debts that remain unpaid. In response to the SOR and Department Counsel's File of Relevant Materials, he did not present any information to refute, mitigate, or extenuate the resulting adverse security concerns about his finances. Clearance is denied. CASE NO: 09-03555.h1


Financial; Personal Conduct

04/27/2010

Applicant accrued almost $35,000 in delinquent debt after her small business failed in 2007. She has paid or otherwise resolved most of her delinquent debts and is unlikely to incur similar financial problems in the future. She omitted details about her debts from her e-QIP in 2008, but provided other information in the questionnaire that showed she did not intend to mislead the Government about her financial problems. Clearance is granted. CASE NO: 09-03157.h1


Financial; Personal Conduct

04/27/2010

Applicant accumulated a significant amount of debt prior to 2004 that she attributed to insufficient income during the early 2000s. After learning of the Government's concerns regarding the delinquent debts in late 2008, she took steps to resolve the remaining debts, including participation in credit counseling. She presented sufficient evidence to mitigate the security concerns raised under the financial considerations guideline. She mitigated those concerns raised under the personal conduct guideline regarding her failure to disclose delinquent debts on two public trust applications and a security clearance application. Clearance is granted.


Criminal Conduct; Financial; Personal Conduct

04/27/2010

Applicant was arrested five times between 1995 and 2004, and was released in November 2007 from five years of probation for felony drug offenses. Thereafter, he accrued about $6,500 in delinquent debt that remains unpaid or otherwise resolved. Applicant failed to present sufficient information to mitigate the resultant adverse security inferences about his criminal conduct, finances, and personal conduct. Clearance is denied. CASE NO: 09-00507.h1


Alcohol; Drugs; Personal Conduct

04/27/2010

Applicant abused alcohol and drugs recurrently over a 25-year period. Some of his marijuana use occurred while he held a security clearance in the Marine Corps, and he twice tested positive for marijuana. His medical diagnoses include alcohol and cocaine dependence. While he has made noticeable progress with his avoidance of alcohol and illegal drugs over a 22-month period, his sobriety efforts are still too recent (considering the severity of his alcohol-drug issues) to mitigate security concerns related to his history of alcohol and drug abuse. By contrast, Applicant's e-QIP omissions were not made deliberately and are concluded favorably. Clearance is denied. CASE NO: 09-00431.h1


Financial

04/27/2010

Applicant has had a history of overdue debts, which are in the process of being resolved in Chapter 13 bankruptcy. Mitigation has been shown. Clearance is granted.


Financial, Foreign Influence

04/27/2010

Applicant's delinquent debts accrued, in part, because his wife was handling the family finances and discontinued payments as their marriage ended. He sought counseling after their divorce, but could not maintain the payments. He developed his own plan, and saved money until he could afford to pay each debt. He has now paid all debts in the SOR. Applicant's limited contact with his two brothers in Sierra Leone does not present a concern as to foreign influence. Clearance is granted. CASE NO: 08-11000.h1


Financial

04/27/2010

The Applicant lost his job; and as a result, lost his house. He has since taken care of this foreclosure, and has no past due debt. Sufficient rehabilitation has been shown. Clearance is granted. CASE NO: 08-10456.h1


Financial

04/27/2010

Between 2005 and August 2009, Applicant was punished under NJP and subsequently involuntarily discharged from the U.S. Navy; falsified his resume by listing that he was CISSP certified; presented a false CISSP certification to his employer rather than tell the truth; and was terminated for cause for inaccurate timekeeping. Applicant’s conduct raised questions about his judgment, reliability, and trustworthiness. The mitigating evidence provided does not outweigh the concerns raised under personal conduct. Clearance is denied. CASE NO: 08-10088.h1


Financial

04/26/2010

Applicant's statement of reasons (SOR) lists 15 delinquent debts totaling $41,667. He did not make any payments on any of his SOR debts. Ten SOR debts totaling $24,395 are established and not sufficiently resolved to be mitigated. He failed to make sufficient effort to resolve his delinquent SOR debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-03979.h1


Financial, Personal Conduct

04/26/2010

Applicant's statement of reasons (SOR) lists 14 debts totaling $41,191. He did not make any payments on any of his SOR debts. Eleven SOR debts totaling $28,023 are established and not sufficiently resolved to be mitigated. He failed to make sufficient effort to resolve his delinquent SOR debts. Financial considerations concerns are not mitigated. Personal conduct concerns are mitigated. Eligibility for access to classified information is denied. CASE NO: 09-03784.h1


Financial

04/26/2010

Applicant accumulated less than $10,000 of delinquent debt beginning in 2002 and continuing into 2009 when he began to address it. To date, he has contacted the majority of the creditors to discuss payment plans. Given his limited income, he intends to make small monthly payments on one or two debts at a time, until all of the debts are resolved. He mitigated the security concerns raised under the financial considerations guideline. Clearance is granted.


Financial

04/26/2010

The Applicant is indebted, as a result of a first and second mortgage, in excess of $800,000. He has offered nothing to show that he has addressed this admitted past due indebtedness. Sufficient rehabilitation has not been shown. Clearance is denied. CASE NO: 09-01526.h1


Personal Conduct; Alcoho

04/26/2010

Applicant has mitigated security concerns under the alcohol consumption guideline. He has a 2010 diagnosis of sustained full remission for alcohol abuse. He has not mitigated the personal conduct security concerns. Clearance is denied. CASE NO: 08-11888.h1


Guideline F

04/23/2010

The Judge concluded that Applicant's debts originally grew out of circumstances largely out of her control. However, Applicant subsequently failed to act responsibly. The Judge's includes a rational connection between the facts found and the choices made. Adverse decision affirmed.


Financial; Criminal Conduct

04/23/2010

Applicant is 56 years old and employed as a Quality Assurance Inspector by a defense contractor. Applicant claims that his excessive indebtedness is being resolved in a Chapter 7 Bankruptcy petition, however he has failed to submit sufficient documentation to establish such. Applicant's criminal conduct that involved the molestation of his daughter over twenty years ago, has been mitigated. However, there is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 09-03233h1


Drug Involvement; Alcohol Consumption; Personal Conduct

04/23/2010

Applicant is 24 years old and employed by a defense contractor. His history of illegal drug use from 2003 to at least 2009, that continued after completing a security clearance application; his excessive alcohol abuse from 2004 to the present; and his pattern of rule violations, have not been mitigated. Clearance is denied. CASE NO: 09-02925


Guideline F

04/23/2010

Applicant had one delinquent debt alleged in the SOR, a credit card debt for $14,000. That debt has since been settled with payment to the creditor of $3,500. Favorable decision affirmed.


Guideline F

04/23/2010

Although there is record evidence that Applicant had paid some debts listed in his credit report, the Judge's statement that Applicant had not paid even one of his debts is sustainable as it pertains to the debts cited in the SOR. Arguments that rely on events which have not yet occurred do not demonstrate error by the Judge. Adverse decision affirmed.


Guideline J; Guideline D

04/23/2010

There is a rebuttable presumption that a judge is impartial and unbiased. A party seeking to overcome that presumption has a heavy burden on appeal. We find no basis to conclude that the Judge was biased. Adverse decision affirmed.


Personal Conduct; Drug Involvement; Criminal Conduct

04/23/2010

Applicant is 29 years old and employed as a Graphics Systems a defense contractor. Applicant's deliberate attempt to falsify his security clearance application concerning his illegal drug involvement, and his illegal drug use, purchase, and sale, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 09-00524.h1


Financial; Personal Conduct

04/22/2010

When completing her security clearance application, Applicant was unaware she had any delinquent debts or adverse judgments. Therefore, she denied having any outstanding obligations. When later apprised of derogatory entries noted on her credit reports, she admitted to nearly $12,000 of the approximately $14,000 in obligations at issue. Applicant failed to provide evidence that she has attempted to address any of the debts at issue. While personal conduct security concerns are mitigated, financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 09-07844.h1


Financial

04/22/2010

Applicant's statement of reasons (SOR) lists 35 delinquent debts for $22,916. After crediting him for paying one debt for $413 and filing for bankruptcy, there is insufficient information to mitigate financial considerations because of his history of financial problems. Eligibility for access to classified information is denied. CASE NO: 09-04052.h1


Personal Conduct; Financial; Foreign Influence; Outside Activities

04/22/2010

Applicant failed to mitigate security concerns arising from his falsification of security clearance applications and his contacts with relatives in Egypt. He mitigated the financial considerations and outside activities security concerns. Eligibility for access to classified information is denied. CASE NO: 09-02708.h1


Drugs, Alcohol, Personal Conduct

04/22/2010

Applicant started using marijuana as a teen. By her early 20s, she had started abusing alcohol and had become dependent on PCP and crack cocaine. Despite repeated treatment and counseling, she suffered alcohol and drug-related relapses until December 2008, when she started her current substance-free life. In completing her security clearance application, she neglected to disclose her PCP and crack cocaine use. Applicant failed to mitigate drug involvement, alcohol consumption, and personal conduct security concerns. Clearance denied. CASE NO: 09-01002.h1


Criminal Conduct; Personal Conduct

04/22/2010

Applicant's history of criminal and civil infractions, together with her falsification of a 2007 security clearance application, make her an unacceptable candidate for a security clearance. Clearance is denied. CASE NO: 07-10451.h1


Personal Conduct

04/21/2010

Applicant failed to mitigate security concerns arising under the Personal Conduct adjudicative guideline. Clearance is denied. CASE NO: 09-03091.h1


Guideline F

04/21/2010

Applicant's presentation on appeal is insufficient to overcome the presumption that a Judge considered all the record evidence. Adverse decision affirmed.


Foreign Preference; Foreign Influence

04/21/2010

Applicant is in the process of renouncing her Israeli citizenship and her Israeli passport has been invalidated. Her foreign connections are not of a type that would influence her conduct as an American citizen. Clearance is granted.


Guideline F

04/21/2010

Applicant has not identified any error in the first Appeal Board decision in her case. Adverse decision affirmed.


Guideline J; Guideline E

04/21/2010

The Judge's challenged findings are based on substantial evidence. Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion in light of all the contrary evidence in the same record. Adverse decision affirmed,


Guideline J; Guideline D

04/21/2010

Upon cross-examination Department Counsel questioned Applicant about statements he made to the FBI. The statement were in an Army Report of Investigation which was not offered into evidence. At no time did Applicant's counsel raise an objection or request to see the document. The issue was waived for purposes of appeal. Adverse decision affirmed.


Financial

04/20/2010

Applicant fell behind on seven debts approximating $46,000. These debts arose following his 2005 divorce and 18-month period of unemployment in 2005 to 2006. Applicant has paid, settled, disputed, attempted to pay, or otherwise resolved all debts. He submitted a budget reflecting that he is living within his means and has established financial responsibility. Clearance is granted. CASE NO: 08-08290.h1


Financial

04/20/2010

Although Applicant has made progress in getting her delinquent debts under control, it is too soon to conclude they no longer pose a security concern considering their recurrent nature and the amount remaining to be satisfied. Clearance is denied. CASE NO: 08-01642.h1


Financial

04/19/2010

Applicant fell behind on six debts totaling $23,963. These debts arose following his 2001 divorce, and six-month period of unemployment in 2002. Applicant has paid, settled, attempted to pay or otherwise resolved all debts. He submitted a budget reflecting that he is living within his means and has established financial responsibility. Clearance is granted. CASE NO: 09-02631.h1


Foreign Preference, Foreign Influence

04/19/2010

Applicant surrendered his Lebanese passport and explained that his U.S.- Lebanese dual citizenship was based on his birth in Lebanon. These considerations contributed to his mitigation of foreign preference security concerns., His significant contacts in Lebanon, however, leave foreign influence security concerns unmitigated. Clearance is denied. CASE NO: 09-02008.h1


Foreign Influence, Foreign Preference

04/19/2010

A citizen of Lebanon by birth, Applicant is now a highly successful dual U.S.- Lebanese citizen who recently relinquished her Lebanese passport. Such facts help mitigate foreign preference security concerns. Regular vacations to Lebanon, contact with family members remaining in Lebanon, and relationships with Lebanese officials, however, sustain foreign influence security concerns, particularly in light of the fact that Lebanon is home to terrorist interests antithetical to those of the U.S. Clearance denied. CASE NO: 09-01685.h1


Financial

04/19/2010

In addition to working for a federal contractor and raising three children, Applicant managed the office for her spouse's business. In October 2003, she began caring for her terminally ill mother, who died in September 2004. Three months later, her father underwent back surgery and was paralyzed by complications from the surgery. While helping to care for her disabled father, she learned her spouse had a kidney disease requiring a transplant. She was overwhelmed by family responsibilities and did not file the company's federal and state tax returns or her personal returns. In 2008, she and her spouse filed the 2004 returns and paid the taxes due. In 2009, they filed federal and state tax returns for 2005-2008, borrowed money from Applicant's mother-in-law, and submitted offers in compromise for federal and state taxes for 2005- 2008, along with the 20% payment of the estimated taxes due. Security concerns arising from failure to file federal and state income tax returns are mitigated. Clearance is granted. CASE NO: 09-00223.h1


Foreign Preference; Foreign Influence; Drug Involvement

04/19/2010

Applicant is a 28 year-old dual Lebanese and United States citizen, who was born in Lebanon. He is a United States citizen because his mother is a United States citizen. He maintains his Lebanese citizenship and a Lebanese passport, because his father is a Lebanese citizen, who still lives in Lebanon, and Applicant is very close to him. He also expressed the possibility of moving back to Lebanon in the future. Finally Applicant has used illegal drugs as recently as 2008, and he stated conflicting information about his intention to use drugs in the future. Mitigation has not been shown. Access to a sensitive position is denied.


Financial

04/16/2010

Applicant is 57 years old. He was underemployed for a long period of time. He went through a divorce which impacted his finances. He has paid some of his delinquent debts. He has a judgment that remains unpaid. Applicant intentionally failed to file his 2006 federal and state income tax returns. After the matter was raised at his hearing, he filed the 2006 returns. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-05242.h1


Sexual Behavior; Criminal Conduct

04/16/2010

Applicant is 50 years old. He is married and has three children. Between 2000 and 2003, he sexually molested his two daughters, who were then 12 and 10 years old. He was arrested in 2008 after the oldest, then 21 years old, told her mother of Applicant's molestation actions. Applicant pled guilty to two misdemeanor charges of sexual imposition. He is required to register as a sexual offender for 15 years, among other conditions ordered by the state court. Applicant has not mitigated the sexual behavior and criminal conduct security concerns. Clearance is denied. CASE NO: 09-04747.h1


Financial

04/16/2010

Applicant is a 28-year-old laboratory technician. The record evidence shows Applicant has a history of financial problems. The main cause of her financial problems was her use of crystal methamphetamine during 2003 2004. She has had full-time employment since mid-2006. She did not present any documentary evidence supporting her claim that she has entered into a debt-consolidation plan to resolve her more than $12,000 in delinquent debt. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from her history of financial problems. Clearance is denied. CASE NO: 09-04526.h1


Financial

04/16/2010

Applicant is 39 years old and is employed by a defense contractor. Applicant has 28 delinquent debts totaling $23,520. She has not resolved any of these debts. Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 09-04381.h1


Guideline E

04/16/2010

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


Guideline F; Guideline E

04/16/2010

Applicant was advised in writing and orally of right to employ counsel. There is no reason to conclude that her decision to represent herself was not knowing or voluntary. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

04/16/2010

Applicant owns a company that provides programs for the military. His credit bureau reports list four debts totaling more than $65,000. He failed to take any action to resolve those debts, despite having knowledge of the Government's concern in April 2008. He has a history of criminal offenses that began when he entered the Marine Corps in 1989 and includes a 2009 disorderly conduct conviction for which he remains on probation. He mitigated the security concerns arising under Guideline E, in that the evidence did not support allegations that he falsified his security clearance application by failing to disclose delinquent debts. He did not mitigate the concerns arising under Guideline F and Guideline J. Clearance is denied.


Guideline F

04/16/2010

The Board cannot consider new evidence. Rather, we evaluate a Judge's decision in light of the evidence available to him or her at the close of the record. Adverse decision affirmed.


Guideline M; Guideline E; Guideline D

04/16/2010

Applicant relies on two Hearing Office decisions. The Board gives due consideration to these cases. However, each case must be decided upon its own merits. Moreover, Hearing Office decisions are not binding on other Hearing Office Judges nor on the Board Notwithstanding some factual similarities, the cases cited by Applicant do not establish error. Adverse decision affirmed.


Guideline F

04/16/2010

A Judge is presumed to have considered all the record evidence unless he or she states otherwise. Applicant has not overcome that presumption. Adverse decision affirmed.


Criminal Conduct; Financial; Personal Conduct

04/15/2010

Applicant is a 36-year-old employee of a defense contractor. He stole about $7,000 in equipment from his employer over the course of three or more months in 2003 and 2004. He also has a history of delinquent debts. Clearance is denied. CASE NO: 08-00169.h1


Financial; Personal Conduct

04/14/2010

Applicant accumulated seven separate debts totaling $27,102. These debts arose following a divorce, taking on debts of his second wife, costs associated with a cross-country move for a job that fell through, and significant periods of unemployment. Applicant sought Chapter 13 bankruptcy protection on debts owned and is current on his payments to the trustee. Applicant mitigated falsification concerns having demonstrated that incorrect responses provided on his security clearance application were not intentional. Clearance is granted. CASE NO: 09-03661.h1


Financial

04/14/2010

Applicant is a 45-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. CASE NO: 09-02658.h1


Alcohol Consumption; Personal Conduct

04/14/2010

Security concerns are raised under the guidelines for Alcohol Consumption and Personal Conduct. The allegations pertain to Applicant's history of alcohol abuse over 25 years and poor judgment with respect to illegal drug use while holding a security clearance, solicitation of prostitutes, a robbery in which Applicant was the victim, and a workplace sexual encounter in a secured area. He has not met his burden to mitigate the security concern raised under Alcohol Consumption and Personal Conduct. Clearance is denied. CASE NO: 08-07323.h1


Personal Conduct; Criminal Conduct

04/14/2010

The Applicant is a 55 year old scientist, working for an aerospace company. His last act of questionable Personal Conduct and related Criminal Conduct, wilful falsification, occurred nearly ten years ago. The Applicant has since been consistently candid with the Government. Sufficient rehabilitation has been shown. Clearance is granted. CASE NO: 07-14127.h1


Financial

04/13/2010

Applicant is 34 years old and employed by a defense contractor. She served in the U.S. Army for six years from 1992 to 1998. After her divorce in 2005, she accumulated delinquent debt that she resolved in 2006 through a Chapter 13 bankruptcy. Since then, her student loans became due and her automobile was repossessed, leaving a loan balance. Currently, she has paid a large portion of the student loans through garnishments and is repaying the automobile loan. She mitigated the security concerns raised under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 09-04556.h1


Guideline B; Guideline C

04/13/2010

The Judge concluded that Applicant's immediate family members who are residents or citizens of Iran create a potential conflict of interest. Adverse decision affirmed.


Financial

04/13/2010

Applicant's payment of four unlisted debts constitutes positive evidence, but his failure to pay 21 of 23 delinquent debts listed in the SOR constitutes the absence of a good-faith effort to resolve his debts. The various medical issues of Applicant and his wife fail to mitigate the financial concerns. Eligibility for access to classified information is denied.


Financial; Personal Conduct

04/13/2010

Applicant is a 38-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 National Security Positions in November 2008. Clearance is denied. CASE NO: 09-02905.h1


Foreign Influence

04/13/2010

Applicant is 28 years old and employed by a defense contractor. She has a close relationship with her father who is a high level government official in Afghanistan. This foreign contact places her in a vulnerable position to be subject to coercion, exploitation and/or pressure by the Afghan government. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 09-02593.h1


Guideline F

04/13/2010

A party's ability to argue for a different interpretation of the evidence is not sufficient to demonstrate error by the Judge. Adverse decision affirmed.


Drug Involvement; Personal Conduct

04/13/2010

Applicant is 51 years old and employed as a Computer Network Administrator by a defense contractor. Applicant's long history of marijuana abuse, from 1978 to 2003, during his military career and beyond, while holding a security clearance; and his intentional falsifications on his security clearance application in 2007, concerning his illegal drug involvement, has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 08-11478.h1


Alcohol; Personal Conduct

04/13/2010

Applicant is 46 years old and employed as a Graphic Designer by a defense contractor. His long history of alcohol abuse and poor personal conduct that includes three arrests and convictions for DUI; and, his use of marijuana while holding a security clearance demonstrates poor judgment, unreliability and untrustworthiness. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 08-02094.h1


Personal Conduct; Alcohol; Criminal Conduct

04/13/2010

Applicant is 54 years old and has an extensive history of alcohol-related criminal conduct, including multiple convictions for driving under the influence of alcohol. Although his criminal conduct is not recent, he failed to provide current information about his alcohol consumption. He deliberately failed to disclose all of his criminal conduct on his public trust questionnaire. In addition, he falsified material facts in a signed sworn statement to an authorized investigator and in Government interrogatories. Applicant failed to mitigate the trustworthiness concerns under Guidelines E, Personal Conduct, G, Alcohol Consumption, and J, Criminal Conduct. Eligibility to access sensitive information is denied. CASE NO: 06-11803.h1


Foreign Preference, Personal Conduct

04/12/2010

Applicant, a 55-year old native-born U.S. citizen, married to a Mexican national, took several steps to maintain his marital relationship and residence. They could not legally reside together in the U.S. because she only possessed a visitor visa; they could not legally reside together in Mexico because he only possessed a visitor visa. To remain legal, he made an application to Mexico for permanent resident status, which might eventually lead to dual citizenship with Mexico. He cancelled his application once his wife obtained her permanent U.S. resident visa. He maintained routine open communications with his facility security officer about everything related to the marriage and their efforts to legally reside together, either in the U.S. or in Mexico, until his wife could receive her U.S. permanent resident status, although he failed to specifically list his application for the Mexican permanent resident status. He entertained the "romanticized" desire of eventually owning a residence in Mexico, a desire his wife does not share. Concerns as to his security eligibility and suitability have been mitigated. Clearance is granted.


Foreign Preference

04/12/2010

Applicant has destroyed his French passport and states a credible intent to renounce his French citizenship. His foreign connections are not of a type that would influence his conduct as an American citizen. Clearance is granted.


Financial

04/08/2010

Applicant has a long history of financial indebtedness. She currently has 17 delinquent debts, and has failed to submit proof that any of them are satisfied. She has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05317.h1


Financial

04/08/2010

Forty-six year old Applicant's financial situation started to deteriorate in 2007, when his hours were reduced and his overtime, cut. He was eventually laid off and was unemployed for two months in February-March 2009. Despite securing another position, albeit with a lower salary, he continued to accumulate substantial delinquent debt, even while prioritizing payments. His loosely envisioned repayment plans are (1) eventually refinance his home and pay off his delinquent debts as well as his car in about two years; (2) enter into a more affordable debt consolidation program; or (3) look to the future but do nothing now. He has followed the path of the third option, and denies routine contact with his creditors. With approximately $72,050 in delinquent debts, he has offered no substantiated evidence to indicate the existence of repayment plans or actual payments. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Foreign Influence; Foreign Preference

04/08/2010

Applicant is a dual U.S. and Taiwanese citizen whose parents, brother, and in- laws are resident citizens of Taiwan. His wife and other brother are also Taiwanese citizens living in the U.S. He twice obtained Taiwanese passports after becoming a U.S. citizen to fulfill his parents' wishes that he maintain active citizenship there, and facilitate his eventual inheritance of part of their estate. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-04408.h1


Financial

04/08/2010

Applicant is 46 years old. He has more than $41,000 in delinquent debts. He failed to provide sufficient evidence to prove he has paid or resolved any of the debts. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 08-11440.h1


Personal Conduct; Financial

04/08/2010

Applicant failed to mitigate security concerns under the Personal Conduct and Financial Considerations adjudicative guidelines. He admitted unsatisfied delinquent debts and deliberately falsifying two security clearance applications by failing to accurately report drug use, an arrest and charge for drug use, and other criminal conduct. Eligibility for a security clearance is denied. CASE NO: 08-05458.h1


Financial; Personal Conduct

04/08/2010

Applicant was discharged of debts totaling about $39,000 in January 2005. He failed to mitigate the security concerns about more than $21,000 in delinquent debt he has accrued since then. He also deliberately omitted his recent debts, including a 2007 repossession, from his e-QIP. Clearance is denied. CASE NO: 08-04904.h1


Drugs; Personal Conduct

04/07/2010

Applicant is a 22-year-old recent college graduate who smoked marijuana on several occasions after he had been granted a security clearance. Discrepant accounts about the extent of his illegal drug involvement compound the doubts about his judgment, reliability, and trustworthiness. Clearance is denied. CASE NO: 09-04421.h1


Foreign Preference

04/07/2010

Applicant possesses a current German passport. She has not mitigated the Foreign Preference security concerns. Clearance is denied. CASE NO: 09-01934.h1


Foreign Influence; Foreign Preference.

04/07/2010

Applicant is 53 years old. He was born in Russia and became a naturalized citizen of the United States in 2007. He is a dual citizen of Russia and the United States. His wife is a citizen of Russia. His sister and mother-in-law are citizens and residents of Russia. He maintains close personal ties with both of them. He has a Russian passport that he used after he became a naturalized U.S. citizen. He intends on maintaining the passport so he can continue to travel to Russia in the future and protect a substantial financial interest there. Applicant failed to mitigate the security concerns under Guideline B, Foreign Influence, and Guideline C, Foreign Preference. Clearance is denied. CASE NO: 08-11967.h1


Financial

04/07/2010

Applicant is a 42-year-old employee of a defense contractor. He owes more than $300,000 in deficiencies on foreclosed mortgages. He did not mitigate the security concerns raised by his delinquent debts. Clearance is denied. CASE NO: 08-11614.h1


Financial; Personal Conduct

04/07/2010

Applicant is 34 years old and employed as an Administrative Assistant by a defense contractor. The Applicant's history of delinquent indebtedness, caused by a separation, divorce, and being a single mother, has been resolved by a good faith effort to resolve her indebtedness. Her deliberate attempt to conceal her financial indebtedness on her 2006 and 2007, security clearance applications has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 08-09007.h1


Alcohol

04/07/2010

Applicant is 35 years old and employed as a Program Manager and Consultant for a defense contractor. His history of excessive alcohol abuse to the point of intoxication continued off and on from February 2000 until at least December 2005, and resulted in three alcohol related arrests and related misconduct. Since then, the Applicant has significantly reduced his drinking and has had no further encounters with law enforcement. There is sufficient evidence of rehabilitation. Clearance is granted. CASE NO: 08-06793.h1


Foreign Influence; Foreign Preference

04/06/2010

Applicant mitigated foreign preference security concerns when he destroyed his valid Iranian passport in front of his security officer. He mitigated foreign influence security concerns because his longstanding ties and relationships in the United States as well his past access to classified information without incident outweigh the security concerns raised under foreign influence. Clearance is granted. CASE NO: 09-04996.h1


Guideline J

04/06/2010

The Judge invited Applicant to provide the exculpatory evidence that formed the basis for the Judge concluding that Applicant had raised security concerns that cannot be mitigated. Furthermore, the security concern relied upon was from a guideline not alleged in the SOR. Adverse decision remanded.


Financial

4/6/2010

The Applicant has not made a good faith effort to pay his significant past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 08-10106.h1


Alcohol; Personal Conduct

04/06/2010

Applicant misused his former employer's company van and was involved in an accident while drunk in December 2007. He complied with all subsequent court and alcohol treatment requirements, and demonstrated rehabilitation and mitigation of resulting security concerns. Eligibility for access to classified information is granted. CASE NO: 08-06004.h1


Financial; Personal Conduct

04/05/2010

Applicant is 45 years old and married. Applicant has 11 delinquent debts listed in the SOR, totaling $25,217. Applicant has not contacted the creditors or made any arrangements to resolve his delinquent debts. 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. CASE NO: 09-02613.h1


Financial

04/05/2010

Applicant is a 46-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems. He attributes the financial problems to periods of unemployment and underemployment during late 2001 to mid-2004. He has been working as a software engineer, his career field, since mid-2004 earning at least $50,000 annually, and his current annual salary is about $80,000. He married for the first time in 2008. Applicant has made progress in addressing his delinquent debts, but the progress is of recent vintage and he has substantial work to do. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-02345.h1


Drugs

04/02/2010

Applicant used marijuana six times between his high school years in the mid- 1990s and 2007. During that time, he bought the illegal drug on one or more occasions. In 1999, he was arrested for selling some of his marijuana to a friend. Since quitting marijuana and foreswearing all illegal drugs in 2007, he has completed a bachelor's degree, prepared to enter graduate school, excelled in his current job, performed community service, and eschewed contact with people and places associated with drugs. It is his expressed intent to refrain from drug use in the future. Drug involvement security concerns are mitigated. Clearance granted. CASE NO: 09-03462.h1


Financial

04/02/2010

Applicant has mitigated security concerns under the financial considerations guideline. She has paid several delinquent accounts. She has consolidated her student loans of approximately $75,000 and is current on her monthly payments. Clearance is granted. CASE NO: 09-01034.h1


Guideline F

04/02/2010

As a threshold issue the Board must determine if the Judge's decision is sufficiently clear as to allow the parties and the Board to discern with confidence the Judge's findings and conclusions. Favorable decision remanded.


Guideline F

04/02/2010

Lack of subject matter jurisdiction can be raised at any time. Reversal in the sense of vacating and rendering void all proceedings after Applicant left contractor employment. Adverse decision reversed.


Criminal Conduct; Alcohol; Personal Conduct

04/02/2010

Applicant was arrested or charged with criminal offenses ten times in six years. On six occasions, the offense was alcohol-related, and he was fired from his last job because of his use of alcohol. Applicant has a long history of drinking alcohol, at times to excess. He still drinks alcohol and is likely to drink to excess in the future. Applicant deliberately omitted from his e-QIP relevant and material information about his criminal record, use of alcohol, and employment. Clearance is denied. CASE NO: 08-08695.h1


Guideline F

04/01/2010

The Judge failed to resolve apparent inconsistency in his decision. However, this error is harmless in light of the Judge's sustainable conclusion that Applicant had failed to provide enough evidence to mitigate the security concerns in his case. Adverse decision affirmed.


Foreign Influence

04/01/2010

Applicant escaped Iran in 1983 at the age of 20 and immigrated to the United States. Now 46, he has become a successful and settled U.S. citizen. Once his parents became too infirm to travel, he visited them in Iran five times between the 1990s and 2006, when he relinquished his Iranian passport due to security concerns. In order to maintain contact with his family in Iran, he guardedly uses the telephone. Those calls, as well as the Iran-U.S. travel conducted by his brother and nephew, highlight his family's relationship to Applicant, who works for a renowned defense contractor. Given Iran's known practices against its citizens and its desire for U.S. technological information, scrutiny of Applicant's family members could lead to exploitation which leaves foreign influence security concerns unmitigated. Clearance denied. CASE NO: 09-03240.h1


Guideline H; Guideline E

04/01/2010

Applicant failed to mitigate security concerns arising from his drug use and from his false statements during a security clearance interview. A Judge is presumed to have considered all of the evidence in the record, and Applicant failed to rebut that presumption. Adverse decision affirmed.


Personal Conduct

03/31/2010

In 2007, Applicant wrongfully obtained an access badge, which allowed him access to the United States Embassy in Baghdad. He was also aware another person had obtained a similar access badge. Applicant has rebutted or mitigated the government's security concerns under personal conduct. Clearance is granted. CASE NO: 09-07213.h1


Financial

03/31/2010

Applicant is 26 years old. She has accumulated delinquent debt on her own and by cosigning on loans for others. She has paid some of her delinquent debts. She is also in payment plans to resolve others, and she has plans to pay the remainder of her debts in the future. Applicant is working to be more fiscally responsible. However, it is too early to conclude Applicant's finances are not a security issue. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-05830.h1


Financial

03/31/2010

Applicant worked two jobs to support his family of five. His spouse handled the bills. She incurred expenses without his knowledge, and obtained money from her parents to keep them afloat, also without his knowledge. When he realized the extent of their delinquencies, he sought legal help. He has been working to resolve the situation since 2008. He obtained a loan modification to reduce his mortgage payment. On his attorney's advice, he initiated a bankruptcy filing. He and his spouse are divorcing and he is unlikely to be in a similar position in the future. Applicant held security clearances for more than two decades without incident. His trustworthiness is not at issue. Clearance is granted. CASE NO: 09-05514.h1 DATE: 03/31/2010


Drugs; Personal Conduct

03/31/2010

Applicant used ecstasy four times between 1999 and 2004. His marijuana use was more extensive. It started in high school in 1999. He continued to use marijuana as recently as late 2009, and admitted in a security interview that he would continue to use it, including after receiving a security clearance. He was arrested for marijuana possession, and sentenced to one year probation. He has not received treatment. He recently stated that he would end his marijuana use because he now realizes it would interfere with his obtaining a security clearance. Clearance is denied. CASE NO: 09-05344.h1


Foreign Influence

03/31/2010

Applicant left his native India and came to the United States in 1982 after retiring from the Indian navy. He and his wife became naturalized citizens in 1988, and his children sometime later. He remained and became a successful engineer working for defense contractors, both as an employee and consultant. He held a security clearance for 20 years without incident. He has made significant contributions to our national defense system. He mitigated the foreign influence concerns raised by two brothers, who are citizens and residents of India, and four friends who are retired Indian naval officers, residing in India. Clearance is granted.


Drug Involvement

03/31/2010

Applicant is 30 years old and employed by a defense contractor. His ten history of illegal drug use on various occasions while in high school and college, from 1998 to 2008, includes marijuana, cocaine and mushrooms. Over the past two years, he has significantly matured, graduated from college, is focused on his career and is much more health conscious. He understands the responsibilities that come with having access to classified information, and that illegal drugs are prohibited by law and against company policy. He has not used illegal drugs for over the past two years and has no intentions of ever using any in the future. He signed a letter of intent. There is sufficient evidence of drug rehabilitation. Clearance is granted. CASE NO: 09-04233.h1


Financial

03/31/2010

Applicant's credit history showed one overdue debt of $18,000. Applicant was able to resolve this debt by showing it was in error. Mitigation has been shown. Clearance is granted.


Financial

03/31/2010

Applicant is 32 years old and employed as a Manager by a defense contractor. He was indebted to two creditors for delinquent debts totaling approximately $23,000.00. He put his house up for sale in order to resolve his delinquent debts, and was scheduled to close escrow on January 29, 2010. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-03790.h1


Guideline C; Guideline B

03/31/2010

Applicant failed to mitigate trustworthiness concerns arising from the presence of her relatives in Taiwan. Disagreement with a Judge's decision is not sufficient to demonstrate that the Judge mis-weighed the record evidence. Adverse decision affirmed.


Financial

03/31/2010

Applicant is 37 years old. He has two delinquent debts totaling approximately $37,923. He has had an ongoing dispute with one creditor regarding the interest rate on the debt. He has not made payments on the debt in a couple of years. The remaining debt is for a loan consolidation that he incurred with his ex-wife. She has not paid it and neither has he. Applicant admitted he owes the debts, but has not made payments to resolve them. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-02781.h1


Financial

03/31/2010

Applicant is 51 years old and employed as a Advance Technician by a defense contractor. He is currently unemployed and laid off from his job pending his security clearance eligibility. His divorce, job relocation and unemployment caused his excessive indebtedness. Applicant has resolved some of his debt, and plans to pay off all of it with his divorce proceeds and when he returns to work. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-02269.h1


Financial, Personal Conduct

03/31/2010

Applicant accrued substantial delinquent debt during the past six years, despite regular employment. She demonstrated neither any effort to resolve these debts, nor an ability to do so. She falsified her security clearance application concerning these problems, and failed to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-02189.h1


Financial

03/31/2010

Applicant bought a home in 2004 after retiring from the Navy. He was laid off eight months later, through no fault of his. He had to relocate to find work, and was unable to either sell or rent the home due to the depressed real estate market. His first mortgage debt was fully resolved by foreclosure, he repaid the second loan, and had no other delinquent debts. Eligibility for access to classified information is granted. CASE NO: 09-01367.h1


Financial

03/31/2010

Applicant is 57 years old and employed as a Administrator by a defense contractor. Applicant is excessively indebted in the amount of approximately $282,000.00. She claims that her financial problems were caused by a failed business. She has hired an attorney and filed for Bankruptcy relief. She has provided no documentary evidence to support her claims, such as a failed business, nor a copy of her bankruptcy petition. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 09-01340.h1


Financial

03/31/2010

Applicant has a long history of financial indebtedness. He currently has 22 delinquent debts, and has failed to submit proof that any of them are satisfied. He has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-01028.h1


Financial

03/31/2010

Applicant is 37 years old and employed as a ALSE Technician by a defense contractor. Applicant has a history of excessive indebtedness. He is currently indebted in the approximate amount of $35,642.00. He states that his financial problems were caused by periods of unemployment and/or relocation. He claims that he has paid off some of his debt, but states he has included most of it in a Chapter 7 bankruptcy petition that he has recently filed. Applicant failed to submit any documentation to support any of his assertions. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 09-00555.h1


Foreign Influence, Foreign Preference

03/31/2010

After college, Applicant became a dual citizen of the United States and the Philippines. He then acquired a Philippine passport. He did so at the urging of his father, who argued that it would expand his business opportunities. Now 26, Applicant renounced his Philippine citizenship and returned his passport last year. He intends to live in the United States along with the rest of his siblings, although his father now resides on a remote Philippine resort island. Applicant's only financial nexus with the Philippines is a monthly payment of under $300 toward a condominium he bought with his brother. Their investment is primarily designed to be a rental property. While the Philippines demand heightened scrutiny due to instances of civil disobedience and the presence of terrorism on its southern islands, Applicant's investment and his father are located on a distant island well regarded as a leisure destination with model governance. Clearance granted. CASE NO: 09-00244.h1


Foreign Influence

03/31/2010

Applicant is 47 years old and employed by a defense contractor. Applicant's close and continuing foreign contacts in the People's Republic China that include his parents, siblings, former classmates and neighbors, places the Applicant in a vulnerable position to be subject to coercion, exploitation and/or pressure, and poses a risk to the national security. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 08-12148.h1


Financial; Personal Conduct

03/31/2010

Applicant accumulated 13 delinquent debts totaling about $18,295, some of them dating back to 2002. She has resolved none of them. When she submitted her application for a public trust position, she intentionally did not disclose an unpaid judgment and several debts more than 180 days delinquent. Clearance is denied. CASE NO: 08-11621.h1


Financial

03/31/2010

Applicant accumulated a significant amount of debt after he divorced in 2000 and lost personal property in Hurricane Katrina in 2005. To date, he failed to provide evidence that he has taken any steps to resolve or pay his debts, including a 2001 tax lien. He failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial

03/31/2010

Applicant works for a defense contractor. She has five children. She married and divorced her husband twice between 1989 and 2009. He had periods of unemployment, requiring Applicant to support the family. Applicant filed Chapter 7 bankruptcy twice in 10 years, first in 1999 and again in 2009. She did not resolve any of the 21 delinquent debts listed in the Statement of Reasons (SOR) by a good-faith effort. Applicant continues to mismanage her personal finances. She has not mitigated the financial considerations security concern. Clearance is denied. CASE NO: 08-11306.h1


Drugs

03/31/2010

A former honor student and exemplary teen, Applicant moved from cigarettes to marijuana to other vices between his final high school years and college. He hit his nadir toward the end of college. He struggled to regain his faith and overcome his vices. On February 14, 2008, he quit using drugs. Since then, he has matured, regained his faith, become active in his church, involved in community outreach for troubled youth, mended relationships, excelled at work, and successfully built a strong network of mentors to help him maintain his current spiritual, personal, and professional course. Applicant mitigated drug involvement trustworthiness concerns. He has no intention of ever using drugs again. Eligibility for a trustworthiness determination granted. CASE NO: 08-10196.h1


Guideline F

03/31/2010

A Judge is presumed to have considered all of the record evidence. The Judge provided a reasonable explanation for her conclusion that Applicant had not demonstrated a track record of debt repayment. Adverse decision affirmed.


Foreign Influence; Personal Conduct

03/31/2010

Applicant is 53 years old and employed as a Linguist by a defense contractor. Her foreign contacts in Pakistan include a brother. She intentionally falsified her security clearance application and in response to interrogatories, by attempting to conceal her seven siblings, including her brother in Pakistan. This conduct shows untrustworthiness and unreliability. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 08-09408.h1


Alcohol; Personal Conduct

03/31/2010

Applicant works for a defense contractor. He was arrested in 1998 and 2007 for driving while intoxicated. He pled guilty to both charges. He did not complete the sentencing requirements ordered by the state court in the second case. Applicant did not disclose the following on his security clearance application: his job termination in 2006 by his former employer; his three non-judicial punishments he received in the U.S. Army resulting in his administrative discharge for a pattern of misconduct in 2004; and his two arrests. Applicant did not mitigate the alcohol consumption and personal conduct security concerns. Clearance is denied. CASE NO: 08-09400.h1


Financial

03/31/2010

Applicant had 19 accounts placed for collection. She has paid seven of the accounts. However, nine of the accounts, which total more than $32,000, remain unpaid. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied. CASE NO: 08-09107.h1


Financial

03/31/2010

Applicant fell behind on some of his financial obligations due to a divorce and having to cover the costs of his father's burial. As of July 2009, the credit reporting agencies were reporting a total of $2,424 in past due balances. Financial concerns are mitigated because of his efforts to correct his credit record and his intent to pay legitimate balances. Clearance is granted. CASE NO: 08-08166.h1


Criminal; Drugs; Personal Conduct

03/31/2010

Applicant is 49 years old and employed as a Engineering Manager by a defense contractor. The arrests and misconduct that occurred due to Applicant's bad divorce and custody battle are in the distant past, and there is no possibility of them being repeated. There is sufficient evidence in mitigation. Clearance is granted. CASE NO: 08-05909.h1


Handling Protected Information; Personal Conduct

03/31/2010

In 2003, Applicant's employment was terminated for improperly charging for time he did not work. His answers on his 2004 security clearance application and during a 2005 personal interview could have been more complete, but were not falsifications. In 2003, he improperly recorded and stored the combinations for safes containing classified material. The passage of time and Applicant's concerted efforts to adhere to security procedures has rebutted or mitigated the Government's security concerns under handling protected information and personal conduct. Clearance is granted. CASE NO: 06-20098.h1


Criminal Conduct; Personal Conduct; Financial

03/30/2010

Applicant's fraudulent travel claims, his falsification of the circumstances of his discharge from the military, and his financial irresponsibility render him an unsuitable candidate for access to classified information.


Financial

03/30/2010

The 56-year-old Applicant failed to mitigate security concerns under the guideline for financial considerations, because she has delinquent debt that she has not paid and has no plan in place for payment. Clearance is denied.


Financial

03/30/2010

The Statement of Reasons alleges 16 delinquent debts amounting to approximately $37,000. Applicant's current debts have accumulated since 2006. He provided evidence that he paid one small debt. However, the remaining debts remain unpaid. As Applicant has made little effort to establish payment plans or otherwise resolve his debts, security concerns remain. Clearance is denied.


Financial

03/30/2010

Applicant had significant debt when she lost her job in 2002. Since then, she has been unable to obtain long-term, steady employment, which makes it impossible for Applicant to pay all her old debts. Applicant resolved several large debts and the foreclosure of her house, even though she did not earn a large income. She is resolving two outstanding debts. The remaining creditors have refused to work with her to develop a repayment plan, and because she lacks funds to pay the lump sum settlement requested, she must save her money. She has mitigated the government's security concerns under Guideline F. Clearance is granted.


Financial

03/30/2010

The 30-year-old Applicant failed to mitigate security concerns under the guideline for financial considerations because he has delinquent debt that he has not paid and had no plan in place for payment. In March 2010, he decided to file for Chapter 13 bankruptcy. Clearance is denied.


Financial

03/30/2010

Applicant is a 45-year-old employee of a federal contractor with a history of financial problems. The record evidence shows Applicant's financial history includes charged-off, collection, and past-due accounts. He attributes the financial problems to his wife's unemployment beginning in about 2005 or 2006, when she lost her job as a nurse due to her addiction to pain medication and related conduct, and she then turned to alcohol. His wife abused credit cards during this period and hid their financial problems from him. His wife has now been abstinent of both substances for several years. Applicant has made some progress in addressing his delinquent debts, but the progress is of recent vintage and he has substantial work to do. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his problematic credit history. Clearance is denied. CASE NO: 09-01045.h1


Financial

03/30/2010

Applicant's statement of reasons (SOR) lists six delinquent debts totaling $32,712. He did not provide proof of any payments, or corroborating documentation of any SOR debt resolution. He failed to make sufficient effort to resolve his delinquent SOR debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied.


Drugs; Personal Conduct

03/30/2010

Applicant used marijuana from 1996 until May 2007. He failed a drug urinalysis for marijuana in May 2007. He failed to disclose his full use of marijuana on his security clearance application, to security investigators, and in response to interrogatories. Clearance is denied.


Financial

03/30/2010

Applicant accumulated six debts totaling $15,757. These debts arose during periods when he was young and financially inexperienced. He recognizes his past financial missteps and has paid, settled, disputed or otherwise resolved all debts. He submitted a budget reflecting that he is living within his means and has established financial responsibility.


Financial

03/30/2010

Applicant had an unpaid judgment and ten accounts that were charged off or placed for collection, which totaled approximately $15,500. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Financial

03/30/2010

Applicant accumulated over $36,000 in delinquent debt between 2002 and August 2008. Although she was advised in October 2008 that her delinquent debts were a government concern, she took no documented steps to pay off any of the creditors . The financial guideline is resolved against Applicant. Eligibility for access to public trust position denied.


Financial

03/30/2010

Applicant is 55 years old. She experienced some medical issues and a downturn in the real estate market that affected her finances. She paid some delinquent debts, but others are unresolved. Applicant did not file her 2001, 2002, 2003, 2004, and 2005 federal income taxes returns on time. It was not until she attempted to file for bankruptcy in 2007 that she began to address them. She has not paid her delinquent taxes or implemented a repayment plan. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Alcohol; Criminal Conduct

03/30/2010

Applicant began drinking alcohol in high school. In 2002 and 2008, he was arrested and charged with driving under the influence of alcohol. He is currently serving probation. Even though abstinence from alcohol is a condition of his probation, he continues to use alcohol and denies that he has an alcohol problem. Applicant failed to mitigate security concerns arising from his alcohol consumption and criminal conduct. Clearance is denied.


Foreign Influence

03/30/2010

Applicant retired after serving almost 22 years as an officer in the Taiwanese Navy. His brother, who remains in Taiwan, also served for 20 years. Both ended their careers as department directors at Taiwan's Naval Technology Development Center. He and his second wife became U.S. citizens in 2006, but remain dual citizens of Taiwan and have close family members who are resident citizens there. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied.


Sexual Behavior; Personal Conduct

03/30/2010

The vulnerability to coercion generated by Applicant's 2004 possession of pornography and lingering doubts about whether he is no longer sexually aroused by underage girls render him an unacceptable candidate for access to sensitive information. Eligibility to work in a sensitive position is denied.


Financial

03/29/2010

Applicant is a 49-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

03/29/2010

Applicant has an extensive history of financial problems. He accrued significant delinquent debt between 2003 and 2009, when he filed for Chapter 13 bankruptcy protection. He had previously received a discharge of his debts through a 2003 Chapter 7 bankruptcy petition. Those debts dated back to about 1996, when Applicant and his wife became financially overextended while they were in the Navy. Applicant has not yet demonstrated that he can or will manage his finances so as to avoid future such difficulties. Clearance is denied.


Financial

03/29/2010

Applicant is a 30-year-old employee of a federal contractor. The record evidence shows Applicant has a history of financial problems or difficulties, which occurred due to business failures and unemployment. The business failures had a serious effect because both Applicant and her husband relied on the businesses for their income. The record evidence also shows that two debts are paid, two debts are in the process of settlement, and payments on the mortgage loans are ongoing. Applicant is making a good-faith effort, with the support of her parents-in-law, to resolve the delinquent debts. Clearance is granted.


Financial

03/29/2010

Applicant failed to file state and federal tax returns over an extended period (between 2000 and 2007) and has accumulated over $300,000 in unsatisfied state tax liens. To date he has not made any tangible progress in filing his tax returns for the covered years or addressing his outstanding tax debts. Applicant does not mitigate security concerns related to his history of tax-related financial problems. Clearance is denied.


Financial; Personal Conduct

03/29/2010

Applicant mitigated the security concern generated by her troubled finances and omission of delinquencies from her security clearance application. Clearance is granted.


Alcohol

03/29/2010

Applicant was convicted of public intoxication in college and having an open container of alcohol shortly after graduating. In a security interview, he described a pattern of heavy drinking in college and stated his intention to continue that pattern. At the hearing, he testified he had drastically reduced his alcohol consumption after realizing it was incompatible with holding a security clearance and his job. Clearance is granted.


Foreign Preference; Personal Conduct; Financial

03/29/2010

Applicant's wife, a citizen of Iraq, is the cousin of the wife of a high Iraqi official who is a personal friend of the Applicant. Applicant's mother-in-law and his three brothers are citizens and residents of Iraq. While serving honorably as a translator in Iraq, Applicant carried a firearm, which was against the terms of his contract, and he was unwilling to comply with a U.S. military officer's refusal to allow him to carry the firearm. Applicant is responsible for 19 financial delinquencies, totaling approximately $29,100. He failed to provide documentation to establish payment, settlement or dispute of any of the delinquent debts. While Applicant mitigated personal conduct security concerns, he failed to mitigate security concerns under the financial considerations and foreign influence adjudicative guidelines. Clearance is denied.


Financial

03/29/2010

Applicant's favorable information is not sufficient to mitigate the security concerns arising from financial considerations. Security clearance is denied.


Financial; Criminal Conduct

03/29/2010

Applicant's willful failure to file tax returns and to pay his income taxes shows he has a problem with complying with well-established governmental rules and systems. Voluntary compliance with such rules and systems is essential for protecting classified information. His recent effort to resolve his tax debt is not sufficient to mitigate all the security concerns raised under criminal conduct and financial considerations. Eligibility for access to classified information is denied.


Drugs; Personal Conduct

03/29/2010

Applicant used illegal substances recurrently over a 28-year period, and occasionally purchased and cultivated marijuana for experimental purposes. His frequency of use ranged between twice a month to four times a month for most of the years he used drugs. When asked about his drug use, purchases, and cultivation in earlier clearance applications and interviews, he declined to acknowledge any drug-related activity until confronted. More recently, he declined to acknowledge his earlier cultivation experiments in an affidavit he was asked to complete by a government investigator. Because of the time elapse (almost five years) since his last use, and his demonstrated commitment to avoid illegal drugs in the future, Applicant mitigates drug concerns. His pattern of omissions and misstatements about his past drug activities, though, preclude him from mitigating personal conduct concerns. Clearance is denied.


Financial

03/29/2010

Applicant and several venture partners entered into a large business project that resulted in litigation, following failed good-faith negotiations, that produced a personal judgment against Applicant and his venture partners (joint and several) that he could not satisfy for several years due to insufficient resources. He has since satisfied the judgment with the aid of mortgage refinancing of his home. Applicant's documented judgment satisfaction is sufficient to mitigate security risks of recurrent financial difficulties in the foreseeable future. Clearance is granted.


Sexual Behavior; Personal Conduct; Criminal Conduct

03/29/2010

Applicant is a 57-year-old employee of a defense contractor. He sexually molested his stepdaughter from about 1987 through 1992 or 1993. He is a registered sex offender. His counselor assessed the risk of reoccurrence of inappropriate sexual behavior as moderate. Clearance is denied.


Financial

03/26/2010

Applicant 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.


Foreign Preference

03/26/2010

Applicant's wife is a citizen of China and lives with him in the United States. His father and mother are citizens and residents of China, as are his mother-in-law, sister-in-law, and brother-in-law. His sister-in-law is married to a member of the Chinese Communist party. Additionally, Applicant's former supervisor and advisor at a research institute in China is a citizen and resident of China. Applicant failed to mitigate security concerns under Adjudicative Guideline B. Clearance is denied.


Personal Conduct; Financial. Drugs

03/26/2010

Applicant is 30 years old. She completed two security clearance applications and failed to disclose her prior illegal drug use. She used an illegal drug one time while she held a Top Secret security clearance and access to sensitive compartmented information. Due to her husband's unemployment they had difficulty paying their bills and some debts became delinquent. She has resolved most of the debts and has a plan for paying the remaining debts. Applicant has not used illegal drugs for more than six years and does not intend to use them in the future. Applicant mitigated the security concerns raised under Guideline F, Financial Considerations and Guideline H, Drug Involvement. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct. Clearance is denied.


Drug Involvement; Personal Conduct

03/26/2010

Applicant admitted using marijuana from 1996 until 2007. In 1996, he was a law enforcement officer employed by the juvenile court system. He admitted using cocaine in January 2007. He had been granted access to classified information in 2004. He did not list his use of drugs on an August 2003 security clearance application. Eligibility for access to classified information is denied.


Financial

03/25/2010

Since Applicant graduated from college in 1998, he experienced periods of unemployment and underemployment that led to his acquisition of delinquent debt and tax issues. He accepted his current position in September 2008. For over a year, he claimed that he has the intention and ability to address his debts, which amount to about $32,800, and tax issues. To date, he has provided no evidence reflecting any efforts to do so. In failing to document any progress on his admitted debts and tax issues, Applicant failed to mitigate financial considerations security concerns. Clearance denied.


Criminal conduct

03/25/2010

Applicant was arrested for a domestic violence incident in 2003 with his first wife and in 2008 with his second wife. Both incidents involved mutual pushing and shoving, and were caused by the action of both Applicant and his wives. He is divorced from his first wife and separated form his second wife. He completed counseling and a domestic violence course. Applicant mitigated security concerns for criminal conduct. Eligibility for access to classified information is granted.


Alcohol, Personal Conduct

03/25/2010

Applicant has a lengthy history of alcohol consumption and received inpatient, alcohol-related treatment on about ten occasions from 1997 to 2007. In 2002, he was diagnosed as alcohol dependent. On December 4, 2007, he stopped consuming alcohol. Because of his long history of excessive alcohol consumption and multiple relapses, one more year of abstinence is needed to provide sufficient assurance that he will not return to alcohol consumption. Applicant failed to fully mitigate security concerns arising from alcohol consumption. Security concerns relating to personal conduct are mitigated. Eligibility for access to classified information is denied.


Financial

03/25/2010

Applicant works for a defense contractor. He has over $13,000 in delinquent debt dating from 2004. He resolved six of the ten debts. He has not resolved four other debts. He has a history of not filing and paying his income taxes. Applicant did not mitigate the financial considerations security concerns. Clearance is denied.


Financial; Personal Conduct

03/25/2010

Applicant owes delinquent debt in excess of $13,600, after settling two debts for less than their full balances and paying $195 on a judgment debt of about $3,044 in the summer of 2009. Financial considerations are not fully mitigated where the repayments are in response to collection efforts and he has yet to contact some of his creditors owed balances long overdue. Personal conduct concerns are not established by Applicant's omission of a January 2008 assault charge from his security clearance application because he lacked the intent to conceal and volunteered the information during his April 2008 interview. Clearance is denied.


Drug Use, Personal Conduct, Criminal Conduct

03/25/2010

Applicant intermittently used marijuana, an illegal drug, from 1970 through 2006. In the interim, he was granted a security clearance and access to sensitive compartmented information (SCI). He failed to disclose his drug use on security clearance applications in 1996 and in 2002, but reluctantly disclosed his drug use during an October 2006 interview. Applicant's efforts to quit drugs mitigated related security concerns. His concealment of his drug use was aberrational and his rehabilitative efforts were sufficiently significant to mitigate criminal conduct security concerns. His undisclosed drug use while possessing a security clearance and access to SCI, however, pose sufficiently significant concerns to leave personal conduct security concerns unmitigated. Clearance denied.


Financial

03/25/2010

Applicant accrued significant delinquent debt when he was laid off in 2001. He was unable to repay or resolve his debts until he found full-time employment in 2007. However, in the past three years, despite having an increased ability to pay, he has not acted in a reasonable way to resolve his debts. Clearance is denied.


Criminal Conduct, Personal Conduct

03/25/2010

From about 1997 to about 1999, Applicant filed forged certifications to receive about $15,000 in reserve pay. In 2004, he received mental health treatment. In 2005, court-martial charges were preferred against him. In August 2006, he failed to disclose the court-martial charges and mental health treatment on his security clearance application. In October 2006, he disclosed the court-martial charges and mental health treatment to an Office of Personnel Management (OPM) investigator. However, he was not fully candid at his hearing and to the OPM investigator. He mitigated security concerns under Guideline E; however, he failed to mitigate concerns under Guideline J and the whole person concept. Access to classified information is denied.


Financial

03/24/2010

Applicant admitted owing 27 past due, charged-off, or placed for collection accounts, which totaled $39,000. Additionally, he has a mortgage arrearage of $31,000. Two days before the hearing, he filed for bankruptcy protection. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial

03/24/2010

Applicant has 14 accounts which are past due, written off, or placed for collection, which total approximately $27,000. She is paying $200 per month on one of the accounts. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial

03/24/2010

Applicant accumulated a number of delinquent debts during his two marriages, attributable in part to irresponsibility, and some due to divorce, unemployment, and automobile financing problems. He has paid several of his listed small creditors, but still owes sizeable amounts to most of his listed creditors. While he has shown some modest progress in paying off his creditors, he has not addressed most of his remaining creditors. Applicant is unable to mitigate financial security concerns. Clearance is denied.


Financial

03/24/2010

Applicant accrued significant delinquent debt between 1998 and 2006 because his live-in girlfriend was forging his checks and running up his credit cards. She has a history of larcenous conduct and they have not been together for over three years. Applicant has paid or resolved all but two of the debts alleged and he is not likely to experience such circumstances in the future. Clearance is granted.


Personal Conduct, Drugs, Criminal Conduct

03/24/2010

Applicant is a 41-year-old man, who has history of criminal conduct and illegal drug use from 1987 to May 2005. Between 1987 and 1992, he was charged with two criminal offenses involving alcohol and two felonies involving theft. He has remained abstinent and sober since May 2005, except for one relapse in his sobriety in 2007. When he completed a security clearance application in 2007, he did not disclose his drug history or mention it during a subsequent interview regarding his alcohol abuse. He mitigated the drug involvement security concerns, but not those raised under the criminal conduct and personal conduct guidelines. Clearance is denied.


Financial

03/23/2010

The 33-year-old Applicant mitigated security concerns under the guideline for financial considerations. The majority of the delinquents debts were the result of identity fraud. Applicant has no unresolved debt. Clearance is granted.


Financial

03/23/2010

Applicant encountered financial problems for several years after retiring from the military. He has taken steps to resolve all of his delinquent accounts and his income is sufficient to maintain the payment agreements with his creditors. Financial considerations concerns are mitigated. Clearance is granted.


Guideline F

03/23/2010

The Board does not have the authority to waive provisions of the Directive. A party's disagreement with the Judge's weighing of the evidence does not demonstrate error. Adverse decision affirmed.


Guideline F

03/23/2010

Each case must be decided on its own merits. This case is distinguishable from the cases cited by Applicant. Adverse decision affirmed.


Criminal Conduct, Personal Conduct

3/23/2010

In 1994, Applicant committed a crime of passion, shooting and wounding a friend who was pursuing Applicant's girlfriend, the mother of his child. Convicted of Attempted Murder and Wear/Carry Weapon, he was released from prison early after earning a college degree, completing therapy, and completing 10 years on a 15-year sentence. He is a highly regarded professional and friend who has made amends to his victim and his ex-girlfriend. While personal conduct security concerns were mitigated, criminal conduct security concerns remain for lack of evidence he has successfully completed his probation and continued to comport his behavior appropriately. Clearance denied.


Financial; Criminal Conduct

03/23/2010

Applicant was arrested for shoplifting in November 2005, and the charges were dismissed after he completed a diversion program. He was convicted of driving under the influence in February 2008, and he is still on probation for this offense. He accumulated six delinquent credit card accounts totaling about $28,516. He has made payment arrangements for one account and made one payment, but the remaining delinquent accounts are unresolved. Clearance is denied.


Financial; Personal Conduct

03/23/2010

Applicant accrued more than $14,000 in delinquent debts since 2004. While she is repaying some of her debts at a modest rate, her overall financial situation is not mitigated by the available information. She also deliberately omitted information about her finances when she submitted her application for a security clearance in 2008. Clearance is denied.


Financial

03/23/2010

Applicant was awarded a Chapter 7 bankruptcy discharge in 1994. He subsequently accumulated seven separate debts totaling $27,000. These debts arose during periods when he was separated from his wife and deployed. Applicant has paid, settled, disputed or otherwise resolved all debts. He submitted a budget reflecting that he is living within his means and has established financial responsibility.


Guideline H; Guideline E

03/23/2010

The Judge's findings about Applicant's intentions are supported by substantial record evidence. Adverse decision affirmed.


Financial Considerations

03/23/2010

From 1980 to January 2008, Applicant filed no federal or state tax returns. His defense for not filing is that for almost the entire period, he did not earn enough money to meet the minimum amount necessary to require the filing of a tax return. He has never had money problems in his changed lifestyle. Whether or not he earned enough money during the period, does not excuse his duty to file tax returns, particularly after he began self- employment in his second job in 1992. Without evidence indicating how he plans to address the missing federal and state returns, Applicant's filing of his 2007 and 2008 federal tax returns, and his promise to file returns in the future, do not meet his burden of persuasion under the financial considerations guideline. Eligibility for access to classified information is denied.


Alcohol; Drugs; Criminal Conduct; Financial; Personal Conduct

03/23/2010

Applicant is a 32-year-old engineer. The record evidence shows Applicant has a history of drug abuse during 2003 2005, when she was a heavy user of cocaine. She has also had financial problems (e.g., two bankruptcy cases), and she was arrested and charged for a drug-related offense in 2004, two alcohol-related offenses in 2006, and a bad-check offense in 2006. Applicant has made a remarkable turnaround, including earning a bachelor's degree in electrical engineering and obtaining employment with a defense contractor. When she completed a security clearance application in May 2007, however, she did not provide a truthful answer to a question asking if she had ever been charged with or convicted of any drug- or alcohol-related offense. The record contains insufficient evidence to explain, extenuate, or mitigate her falsification and the concomitant security concerns. Clearance is denied.


Financial

03/19/2010

Applicant had a bankruptcy, an unpaid judgment and 11 accounts that were charged off or placed for collection, which totaled approximately $16,500. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Financial; Personal Conduct

03/19/2010

Applicant is 36 years old. He has more than $13,000 in delinquent debts. He has not taken action to pay or resolve the debts. Applicant intentionally omitted his delinquent debts on his security clearance application and public trust application. Applicant has failed to mitigate the security concerns under Guidelines F, Financial Considerations, and E, Personal Conduct. Clearance is denied.


Financial

03/19/2010

Applicant's statement of reasons (SOR) listed nine delinquent debts totaling $26,833. His salary increased by about $40,000 early in 2009. However, he provided proof of only about $500 in payments, which he used to resolve four SOR debts. He failed to make sufficient effort to resolve five of his delinquent debts. Financial considerations concerns are not mitigated. Eligibility for access to classified information is denied.


Financial

03/19/2010

Applicant's delinquent debts accrued, in part, because she was deployed and her husband was handling the family finances. He overspent and did not keep up with bill payments. Applicant has taken over the debts and has been making regular payments. The evidence has allayed security concerns under Guideline F. Clearance is granted.


Financial

03/19/2010

Applicant purchased seven homes as investment properties, borrowing about $1.8 million. He also obtained equity lines of credit on three of the properties. He was earning about $80,000 per year at the time and relied on rental income from the properties to make the payments. When the economy slowed, he could not keep the properties rented and was unable to make the mortgage payments. He has defaulted on all the loans, and they are being foreclosed. Applicant also became delinquent on a credit card account, several medical bills, and a utility bill for one of his properties. He has resolved the credit card account, one of the medical bills, and the utility bill. Security concerns based on financial considerations are not mitigated. Clearance is denied.


Financial

03/19/2010

Applicant failed to mitigate the security concerns about his failure to file his state and federal income taxes between 2003 and 2007, and about a $4,681 delinquent debt he incurred in 2009. Clearance is denied.


Criminal Conduct; Sexual Behavior; Personal Conduct

03/19/2010

Applicant is a 41-year-old employee of a defense contractor. He sexually abused a 15-year-old girl in June 2008. He is a registered sex offender and is on probation until November 2011. Clearance is denied.


Financial Considerations

03/19/2010

Applicant's financial problems resulted from allowing his former wife handle the finances. Even though he was divorced in September 2006, his inaction in paying off the creditors was complicated by frequent residential moves and simply running out money to pay creditors. After weighing and balancing all the evidence under the whole person concept, specifically his 13 years in the military and four years of productive employment with his current employer, I find for Applicant under the financial guideline. Clearance is granted.


Financial

03/19/2010

Applicant had two unpaid judgments, a state tax lien, and twelve accounts placed for collection, which totaled approximately $10,500. Applicant has paid most of the debts and has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Drugs; Personal Conduct

03/19/2010

Applicant is a 22-year-old recent college graduate who smoked marijuana three times from the spring of 2007 to late July 2008, while he held a secret-level security clearance for his duties as an intern with his defense contractor employer. Drug involvement concerns are mitigated by a demonstrated intent to abstain from illegal drugs in the future. Personal conduct concerns raised by his failure to disclose his marijuana use on his security clearance application are not fully mitigated. Clearance is denied.


Financial

03/19/2010

Applicant's finances changed significantly when the real estate market collapsed in 2007. As a result, he has two unpaid home equity loans. He has not provided sufficient information to show that he is not responsible for the payment of these debts. He has not mitigated the government's security concerns under Guideline F. Concerns raised about Applicant's personal conduct were not substantiated. Guideline E is found in his favor. Clearance is denied.


Financial

03/19/2010

Applicant owed four debts, three of which had been placed for collection, totaling approximately $43,500. He has accepted settlement offers and made payment on two of the debts. Applicant failed to address the remaining debt, totaling approximately $16,700. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Guideline F

03/19/2010

Applicant's case is distinguishable from the Appeal Board case cited by Applicant. In the current case Applicant's financial problems are due to his own poor choices including financial misconduct. Adverse decision affirmed.


Financial

03/19/2010

Applicant had a bankruptcy, an unpaid judgment and 11 accounts that were charged off or placed for collection, which totaled approximately $16,500. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted. CASE NO: 08-06505.h1


Guideline F

03/19/2010

The record as a whole provides no basis to conclude Applicant was denied due process afforded by the Directive. Adverse decision affirmed.


Guideline F; Guideline E

03/19/2010

Applicant claims that the Judge's decision relied on a the whole-person concept and that was the first time the concept was mentioned in the process. Applicant received the Directive which discusses the whole-person. Record evidence indicates that Applicant understood and relied on the whole-person concept in the proceedings below. Adverse decision affirmed.


Guideline F; Guideline J

03/19/2010

Applicant contends the Judge relied on outdated evidence. She did not object to the evidence nor did she respond to the File of Relevant Material. Adverse decision affirmed.


Financial

03/18/2010

Applicant bought properties with 100 percent financing, which he could not afford. He unsuccessfully tried to re-sell them at substantially higher prices during the real estate market boom. When the market crashed, he was left with mortgage payments he could not carry. He took out a personal loan and used credit cards to make payments. He finally sought Chapter 7 bankruptcy. Applicant's speculating during the real estate boom resulted in bankruptcy and the loss of his family's home. It raises questions about his trustworthiness and good judgment. Clearance is denied.


Guideline G; Guideline J; Guideline E

03/18/2010

Applicant has not rebutted the presumption that the Judge considered all the evidence. Adverse decision affirmed.


Information Technology; Personal Conduct; Foreign Influence

03/18/2010

Applicant deliberately provided false information on his security clearance questionnaire and during an interview conducted by the Office of Personnel Management concerning the circumstances under which he left a job in 2005. Applicant has failed to rebut or mitigate the government's security concerns about his personal conduct. Applicant mitigated the information technology and foreign influence security concerns. Clearance is denied.


Foreign Influence

03/18/2010

Applicant's parents and brother are citizens and residents of the Ukraine. Applicant has rebutted or mitigated the government's security concerns under foreign influence. Clearance is granted.


Guideline B

03/18/2010

Applicant's daughter-in-law is also a citizen and resident of Russia. Her father is a retired official of the former Soviet Union who, participated in a Soviet intelligence organization and worked to undermine U.S. security interests. A Judge is presumed to have considered all the evidence in the record. Adverse decision affirmed.


Foreign Influence

03/18/2010

Applicant mitigated the foreign influence security concern generated by his parents, who are both Nigerian citizens and residents. Clearance is granted.


Handling Protected Information; Use of Information Systems; Personal

03/18/2010

Between 1995 and 2004, Applicant mishandled classified and/or sensitive information on multiple occasions and downloaded an unclassified phone directory from a coworker's computer without his knowledge or permission. This conduct generates security concerns under Guidelines K, Handling Protected Information, M, Use of Information Systems, and E, Personal Conduct. Applicant has committed no security infractions in more than five years. In that time, his security awareness has been outstanding. Applicant has mitigated the security concerns. Clearance is granted.


Drugs, Personal Conduct

03/17/2010

Applicant used marijuana from 2002 through 2003. After obtaining a security clearance, he again used marijuana in July 2008, then was cited for marijuana possession in September 2008. Personal conduct security concerns are mitigated, but Applicant's recent drug use while holding a security clearance indicates that he is not yet ready to handle the responsibilities associated with a security clearance. Drug use security concerns remain unmitigated. Clearance is denied.


Guideline J; Guideline E; Guideline D

03/17/2010

In this case, the distinction between a felony and a misdemeanor was not of security concern. The underlying facts were the key to the Judge's decision. Judge's error in computing the time which had elapsed since the offense was harmless. Adverse decision affirmed.


Guideline D; Guideline E; Guideline J

03/17/2010

If the Judge takes official notice of a statute, he or she should identify it with sufficient specificity so that the Board can examine its contents and determine its relevance. A police booking report was an official record for purposes of the Directive and, therefore, admissible. Adverse decision affirmed.


Financial

03/16/2010

In 2006, Applicant was induced to open four credit cards and take cash advances. She provided the funds to the persons who induced her to open the accounts, and then stole her approximately $14,000 through a fraudulent investment scheme. When she discovered the fraud in February 2007, the Federal Bureau of Investigation was contacted. She learned the scheme was under scrutiny. Since that time, however, Applicant has made no efforts to pay or otherwise resolve what is now nearly $20,000 in acknowledged delinquent credit card debt. Financial considerations security concerns remain unmitigated. Clearance is denied.


Financial

03/16/2010

Fifty-year old Applicant, a retired Deputy Sheriff, became involved in the family trucking business and incurred substantial business-related indebtedness, leading to a 2003 bankruptcy discharge of over $100,000 in claims under Chapter 7. He involuntarily relinquished control over the business. Between 2003 and 2008, he continued to incur consumer debts, eventually totaling over $140,000. Although he was unemployed for eight months following his 2007 retirement, he continued to draw his retirement pension. He filed for bankruptcy under Chapter 13 in 2008, but has offered no evidence to indicate subsequent compliance with the payment terms of the approved plan. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Criminal Conduct; Alcohol

03/16/2010

Applicant was convicted of underage possession of alcohol in September 1998 and July 2000, driving under the influence of alcohol in December 2000, and driving while intoxicated and causing serious injury, a felony, in August 2007. He received alcohol treatment from August 2007 until April 2008 and was diagnosed as alcohol dependent with a low risk of relapse. His sentence from the August 2007 conviction included probation for four years, and he has successfully completed about two years. He has abstained from alcohol since August 2007. He has not attended Alcoholics Anonymous meetings or received counseling since April 2008. Insufficient time has passed to mitigate the security concerns based on criminal conduct and alcohol consumption. Clearance is denied.


Financial

03/16/2010

Applicant is a 51-year-old senior graphics designer. The record evidence shows Applicant has a history of financial problems or difficulties, which includes a federal tax lien for back taxes of $9,851 for tax year 2002. He paid the back taxes along with interest and penalty, and the lien was released in December 2009. Also, he has brought his past-due mortgage loan current. A small medical collection account remains unresolved, and he is disputing three other debts. The record contains sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is granted.


Drugs

03/16/2010

Applicant used marijuana occasionally in high school and on a regular basis while in college. He stopped using marijuana in 2003. He has been prescribed medication for Attention Deficit Disorder since he was seven years old. He started to abuse the medication in 2004 and began to forge prescriptions to obtain more medication in the Spring 2005 until he was arrested in January 2006. He was released from probation early and established a successful career. He is more mature and has not abused drugs in over four years. He signed a statement expressing an intent to refrain from abusing drugs in the future and acknowledging that future drug abuse will result in the automatic revocation of his security clearance. Drug Involvement concerns are mitigated. Clearance is granted.


Financial

03/16/2010

From approximately 2001 through 2004, between his separation and divorce, Applicant acquired approximately $58,300 in debt. That debt became delinquent. He offered evidence that approximately $900 was paid. He testified, but failed to substantiate, that a debt of about $45,000 was resolved. In failing to document more progress on the debt alleged, Applicant failed to mitigated financial considerations security concerns. Clearance is denied.


Financial

03/15/2010

Applicant had his house foreclosed upon. He does not have any personal liability for any mortgage connected to the house. His other debts have been successfully resolved. Financial security concerns were mitigated. Eligibility for security clearance is granted.


Financial

03/12/2010

From 2002 to 2008, Applicant accrued fifteen delinquent debts, totaling more than $21,000, including a $15,600 student loan, He demonstrated no effort to resolve any of these debts and provided no evidence to establish ongoing solvency or otherwise mitigate security concerns arising under Guideline F. Clearance is denied.


Financial; Personal Conduct

03/12/2010

This 43-year-old employee has mitigated security concerns under the personal conduct guideline because he did not intentionally falsify his security clearance application in October 2008. He has not mitigated the Guideline F security concern because he has delinquent debt that he has not paid and has no plan in place for payment. Clearance is denied.


Foreign Preference; Foreign Influence

03/12/2010

Applicant was born in Lebanon. She moved to United States in 1993 and became a U.S. citizen in 1998. Her immediate family members are residents and citizens of Lebanon, and live in an area that is controlled by a terrorist organization. Her mother is a recent U.S. naturalized citizen and travels between both countries. Since leaving Lebanon, she has consistently and frequently visited her native home. She uses her U.S. passport for travel, but relies on a Lebanese ID card as a visa. She maintains frequent contact with her family and friends in Lebanon. In January 2007, she went to Iraq as a translator for a defense contractor. Applicant mitigated the foreign preference concerns, but not the foreign influence concerns raised by her family residing in Lebanon. Clearance is denied.


Guideline M; Guideline D; Guideline E

03/12/2010

The Judge made multiple harmful errors including relying on speculation as opposed to record evidence and misapplying the adjudicative guidelines. Favorable decision reversed.


Personal Conduct

03/11/2010

A transportation company employed Applicant from 1999 to February 2007. Applicant provided wine to a 20-year-old passenger and made comments of a sexual nature to her. Applicant denied that he made the sexual comments to his company and to an Office of Personnel Management (OPM) investigator. Shortly after lying to the OPM investigator, Applicant admitted he made the inappropriate comments to the 20-year-old passenger. He failed to fully mitigate security concerns under Guideline E. Access to classified information is denied.


Financial;

03/11/2010

The 28-year-old Applicant failed to mitigate security concerns under the guideline for financial considerations because he has delinquent debt that he has not paid and has no plan in place for payment. Clearance is denied.


Personal Conduct, Financial

03/11/2010

Applicant's statement of reasons (SOR) lists 18 debts totaling $29,075. Three student loans and his child support are in established payment plans. Three debts are disputed. Eleven debts are paid. Applicant disclosed one delinquent debt on his security clearance application, and he was not aware of his other delinquent accounts. Financial considerations and personal conduct security concerns are mitigated. Eligibility for access to classified information is granted.


Use of Information Technology Systems, Personal Conduct

03/11/2010

Applicant accessed pornography on his employer's computer equipment from the internet. He did so in violation of his employer's policies regarding the authorized use of the internet. By the time he deleted the pornography in December 2007, he had received a security clearance and served as both the Assistant Security Field Officer and the Security Field Officer. Use of information technology systems and personal conduct security concerns remain unmitigated. Clearance is denied.


Financial

03/11/2010

Applicant accrued 15 delinquent debts totaling over $26,000, in addition to more than $237,000 in delinquent first and second mortgage loans that are in foreclosure proceedings. This followed his 2001 Chapter 7 bankruptcy discharge. He demonstrated no effort to resolve any of these debts except a very recent filing of another Chapter 7 bankruptcy petition, and provided no evidence to establish ongoing solvency or otherwise mitigate financial security concerns. Eligibility for access to classified information is denied.


Financial

03/11/2010

Applicant has four separate debts totaling $82,197 that remain unpaid after he was forced to close his grocery store in 2005. Although he experienced a business downturn and several robberies, he has done nothing to mitigate the debts owed. He has made several unfulfilled promises to resolve his debts; however, none of his promises have materialized. Applicant has not mitigated security concerns raised. Clearance is denied.


Financial

03/09/2010

Applicant accrued 33 delinquent debts, totaling more than $25,000, from 2004 to 2008. He demonstrated no effort to resolve any of these debts, and provided no evidence to establish ongoing solvency or otherwise mitigate financial security concerns. Eligibility for access to classified information is denied.


Financial

03/09/2010

Applicant incurred significant debts in his marriage. He paid several credit card debts with a line of credit and other credit cards. His marriage ended in 2007, leaving him with sole responsibility for marital debt. In the last two years, he has been unemployed on and off. He is not working at the present time, but pays his regular monthly bills with his retirement income. He lacks sufficient income to resolve his significant past debts. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial

03/09/2010

Security concerns were raised because of the delinquent debts Applicant incurred after separating from active duty in July 2005. He encountered several months of unemployment. Once he found a job located 100 miles away, he found himself responsible for rent and a mortgage payment. He resolved all of his delinquent accounts as soon as he was financially able to do so. His current financial situation is stable. The concerns raised under financial considerations are mitigated. Clearance is granted.


Guideline F

03/09/2010

Applicant had a bankruptcy in 2001 and recent delinquent debts. Adverse decision affirmed.


Financial

03/09/2010

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


Financial

03/09/2010

As of September 2009, Applicant had not filed federal or state income tax returns for tax years 1997 through 2008. Based on her income, returns were required for at least tax years 1998 and 2008. Her efforts to contact the Internal Revenue Service (IRS) in June 2009 are not enough to overcome the security concerns raised by her failure to file timely returns. Clearance is denied.


Sexual Behavior, Use of Information Systems, Personal Conduct, Financial

03/09/2010

While holding a security clearance, Applicant used his company computer to download hundreds of pornographic videos while at work. He also used it to view live pornographic activities, and to expose himself while participating in an adult internet site in 2006. When his company discovered his activities, he was terminated. Applicant also amassed approximately $500,000 in mortgage and credit card debt because of a failed real estate business. Applicant made substantial efforts to sell his properties, and his mortgage debts are resolved under state law. However, after attempting settlements on credit card debts of more than $200,000, he ended his efforts in 2006, awaiting the statute of limitations to render his debts unenforceable in 2007. Relying on a state statute of limitations does not constitute a good-faith effort to resolve debts. Clearance is denied.


Guideline B; Guideline C

03/09/2010

Applicant's father is a retired General resident in Lebanon, a country in which a terrorist organization (Hezbollah) operates and holds seats in the national assembly. Lebanon is heavily influenced by Syria . Favorable decision reversed.


Financial

03/08/2010

The Applicant had an extensive period of unemployment or underemployment, but has done little to address his substantial past due indebtedness. Clearance is denied.


Financial; Personal conduct

03/08/2010

The Applicant has, in good faith, addressed all of his alleged past due debts. However, he intentionally falsified his security clearance application in response to questions concerning his delinquent financial history. Sufficient rehabilitation has not been shown. Clearance is denied.


Financial

03/05/2010

Security concerns were raised because of the delinquent debts Applicant incurred after purchasing a home in 2004. While Applicant incurred gambling losses, her gambling did not create most of the delinquent debts. She stopped gambling in June 2008. Her twenty year favorable employment history and her recent discharge in bankruptcy mitigates the financial considerations concerns. Applicant is warned that future financial issues will raise additional security concerns. Clearance is granted.


Financial

03/05/2010

Applicant is 51 years old. He started experiencing financial problems in 2000 when he began helping family members. His subsequent divorce also created financial issues. He has not addressed his delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Guideline F

03/05/2010

Applicant's appeal cites two letters of recommendation lost by his employer but no additional meaningful information. The Judge considered all the exhibits Applicant submitted. Applicant has not provided enough information to justify reopening the record. Adverse decision affirmed.


Guideline G; Guideline E

03/05/2010

Each case must be decided on its own merits. Hearing Office cases are not binding on other Judges or on the Board. Adverse decision affirmed.


Guideline F

03/05/2010

Applicant cites to evidence that was not part of the record. Adverse decision affirmed.


Financial

03/05/2010

Applicant incurred significant debts starting in 2002, when his income was reduced 40%. In 2003, he lost his job. In 2007, he could not work while undergoing cancer treatment. Applicant returned to work in December 2008 and has paid, is paying or resolved the majority of the debts listed in the SOR. He denies owning the three remaining debts and has hired a law firm to help him resolve these debts. He has mitigated the government's security concerns under Guideline F. Clearance is granted.


Financial

03/04/2010

Applicant is 49 years old. He had delinquent debts discharged in bankruptcy in 1992. He has more than $67,000 in delinquent debts that he has not paid or resolved. He attributed some of his financial problems to a divorce, but admitted he lived beyond his means and was negligent in handling his finances. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial

03/04/2010

Applicant's home sustained significant property damage from a hurricane in 2004. Insurance paid 50% of the repairs and he financed the remaining repairs through a loan and with his money. Two years later, his property taxes and homeowners insurance increased significantly, leading to a $500 increase in his mortgage. At this same time, his work hours declined. Applicant could not pay his mortgage or sell his house. The bank foreclosed on his house in 2008. He paid his small debts, but is still working with the bank on resolution of his mortgage debt and personal loan. He has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Finances

03/04/2010

Applicant accumulated a number of delinquent debts and attempted some counseling before petitioning for Chapter 13 bankruptcy relief to resolve them. His Chapter 13 petition was approved in February 2009, and he has not missed a monthly payment since his plan was approved. He currently lives within his means and credibly assures he has control of his finances. With his documented compliance with his Chapter 13 payment conditions, he is able to mitigate financial security concerns. Clearance is granted.


Financial

03/04/2010

Applicant has paid his one past due debt, had all of his tax liens released, and is otherwise current on all of his debts. Financial security concerns were mitigated. Eligibility for security clearance is granted.


Financial

03/03/2010

Applicant received a Chapter 7 bankruptcy discharge in 1996. Since then, she has accumulated 11 delinquent debts totaling about $22,383. She resolved three delinquent student loans by consolidating them into a new loan. She claimed to be making payments on two debts but produced no proof of payment agreements or payments made pursuant to the agreements. She has promised to resolve the remaining debts but presented no evidence of payments on them. Clearance is denied.


Drugs

03/03/2010

Applicant used marijuana from about 1998 to 2008. He also tried hallucinogenic mushrooms and ecstasy in the early 2000s. Now a husband and father, he has quit using marijuana in favor of being a better employee, role model, and parent. He also used prescription Percocet. At times, he borrowed tablets belonging to his father, unknowing it was a proscribed practice. He no longer shares medication. Drug involvement security concerns are mitigated. Clearance is granted.


Drugs

03/03/2010

Applicant's drug abuse history raised security concerns that were not mitigated by his favorable whole person evidence. Clearance denied.


Financial

03/03/2010

Applicant's finances changed significantly when she stopped working to care for her mother and assumed responsibility for some of her mother's medical bills in 2004 and 2005. Applicant realized her financial problems in 2006 and began developing repayment plans for her debts. She hired a debt resolution company to manage three debts and developed her own payment plans on three other debts. She resolved two small debts and one larger debt, which are not listed on the SOR. She just completed payment of a third debt and has complied with all the payment plans she developed in 2007 and 2008. She did not intentionally falsify her security clearance application. She has mitigated the government's security concerns under Guidelines F and E. Clearance is granted.


Guideline F

03/03/2010

Applicant has various delinquent debts, has made no recent payments and has not established a plan for doing so. Adverse decision affirmed.


Guideline F; Guideline E

03/03/2010

The Judge concluded that Applicant's explanations for his omission s from his security clearance application were not credible. 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.


Financial; Personal Conduct

03/03/2010

Applicant accumulated nine separate debts totaling $23,000. These debts arose during a former relationship. Applicant has paid, set up payments plans, disputed or otherwise resolved all debts. Applicant mitigated falsification concerns having demonstrated that incorrect responses provided on his security clearance application were not intentional. Clearance is granted.


Criminal Conduct; Personal Conduct; Financial

03/03/2010

This 31-year-old employee has not mitigated security concerns under the criminal conduct, personal conduct and financial considerations guidelines. She falsified her 2006 SF85P application for a trustworthiness position. She has a history of criminal conduct. Her last conviction was in 2006. She had approximately $9,000 in delinquent debt. Eligibility for a public trust position is denied.


Guideline H; Guideline E Guideline J

03/03/2010

The Judge found that Applicant deliberately omitted her most recent methamphetamine use from her security clearance application. Adverse decision affirmed.


Drug Involvement; Personal Conduct

03/01/2010

Applicant is a 37-year-old employee of a federal contractor. The record evidence shows Applicant used marijuana from about 2001 to March 2006. At times, he used marijuana as often as two to three joints every other day. In March 2006, he was arrested and charged with two felony-level drug offenses relating to his possession and cultivation of marijuana plants. He pleaded guilty to one charge, and the state court withheld adjudication of guilt and ordered Applicant to serve probation for 18 months. He has been drug-free since his March 2006 arrest, and has since relocated to a different state and no longer associates with the individuals with whom he used marijuana. His evidence in mitigation, while not insubstantial, is insufficient to outweigh the nature, extent, and seriousness of his illegal drug involvement and the concomitant security concerns. Clearance is denied.


Drugs; Personal Conduct

03/01/2010

Applicant's occasional drug use since age 15 is aggravated by the fact that he used the drug after receiving a security clearance on March 31, 2007. He did not stop using marijuana until he was caught in June 2008. The drug guideline is found against Applicant because he did not provide the documentation crucial to his case in mitigation. In addition, Applicant has not provided satisfactory evidence under the personal conduct guideline because of his decision to violate the drug laws and also the Department of Defense policy against drug use. Eligibility for access to classified information is denied.


Drugs

02/26/2010

Applicant's history of drug involvement generates a security concern. Applicant's drug use occurred while in college. He has not used any illegal drugs for a year. Since graduating, he has obtained a job with a defense contractor, where he has excelled, and he no longer associates with his friends who use illegal drugs. Applicant has mitigated the drug involvement security concern. Clearance is granted.


Financial; Personal Conduct

02/26/2010

Applicant lacks a track record of financial responsibility, appears to be financially overextended, and does not have a viable plan to avoid similar financial problems in the future. He mitigated personal conduct concerns, but he failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Finances

02/26/2010

Applicant accumulated a number of delinquent debts during recurrent periods of unemployment and underemployment. He has completed payment arrangements with three of his creditors and has engaged a debt consolidation firm to complete a repayment plan with the remaining creditor. While he has shown progress in arranging payment plans with two of his listed creditors, he has not been able to reach agreement with a third creditor, or document compliance with the payment terms arranged with his fourth creditor. With no documented repayment plan with one of his creditors, uncertain payment compliance with a fourth creditor, and only modest repayment plans with his first two creditors, Applicant is unable at this time to mitigate financial security concerns. Clearance is denied.


Financial

02/26/2010

After a business entity diverted funds from an employee withholding tax fund to capitalize its current operations, the entity, working with the IRS, was dissolved. Applicant, a scientist who was also an owner and part of the management team, was ultimately found liable for the funds and tax liens were levied against him between 2002 and 2004. Applicant constantly worked with state and federal officials and satisfied all the liens at issue. Clearance is granted.


Financial

02/26/2010

Applicant owed five past due, charged-off, or placed for collection accounts, which totaled approximately $28,000. He paid two of the debts and is making payments on the other three. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Financial

02/26/2010

Applicant's inability to keep his finances current after a successful chapter 13 bankruptcy discharge in 1999 renders him an unsuitable candidate for access to classified information. Clearance denied.


Criminal Conduct

02/26/2010

Security concerns raised by Applicant's history of misdemeanor hunting violations from 1992 to 2007, and his 2007 arrests for Possession of Marijuana and Manufacture of Marijuana for Others are not mitigated. Clearance is denied.


Foreign Influence; Foreign Preference

02/26/2010

Applicant mitigated the security concerns under foreign influence by showing that his contacts with family members in Iran were virtually nonexistent, none of those family members had any connection to the Iranian government, and he had ample reason for his personal animus toward the governing regime. He mitigated the foreign preference security concerns by demonstrating that he had never used his Iranian passport, had not gone to Iran as contemplated, and had allowed it to expire without renewal, before he applied for a clearance. Clearance granted.


Drugs; Personal Conduct

02/26/2010

This 29-year-old employee has not mitigated the security concerns under the drug involvement and personal conduct guidelines. His last use of marijuana was in 2007 while possessing a security clearance. He deliberately omitted his drug use on his 2002 security clearance application. Clearance is denied.


Financial

02/26/2010

Applicant mitigated the security concerns raised by his recent financial problems. Clearance granted.


Financial

02/26/2010

Applicant is a 50-year-old employee of a defense contractor. He mitigated the security concerns raised by his history of delinquent debts. Clearance is granted.


Criminal Conduct; Sexual Behavior

02/26/2010

After pleading not guilty, Applicant was tried and convicted in state court on 11 counts of misdemeanor possession of child pornography. At his DOHA hearing, he continued to claim he was not guilty of the charges for which he had been convicted. The doctrine of collateral estoppel applies to Applicant's state court conviction. Additionally, he failed to mitigate security concerns arising under the criminal conduct and sexual behavior adjudicative guidelines. Eligibility for access to classified information is denied.


Drugs; Personal Conduct

02/26/2010

Applicant is a 24-year-old employee of a defense contractor. He mitigated Personal Conduct security concerns, but he has not mitigated Drug Involvement concerns. Clearance is denied.


Financial

02/26/2010

Applicant was alleged to owe approximately 24 accounts that have been charged-off or placed for collection, which total approximately $13,000. She admits owing 11 debts, which total approximately $7,700. The delinquent debts remain unpaid. Applicant failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial

02/26/2010

Applicant had six charged off accounts or accounts placed for collection, which totaled in excess of $31,000. She is now current on her $23,000 student loan, is making payments on some of her accounts, and the car company agreed to settle their debt for $4,500. Applicant has rebutted or mitigated the government's security concerns under financial considerations. Clearance is granted.


Foreign Influence

02/26/2010

Applicant failed, without reasonable cause, to appear at his security clearance hearing set for January 26, 2010. The case file is being forwarded to the Director, DOHA requesting a default decision and the automatic denial or revocation of Applicant's security clearance.


Financial

02/26/2010

Applicant has 27 accounts placed for collection or other delinquent accounts, which total in excess of $27,000. Applicant asserted, but failed to document, that some of the debts were included in his bankruptcy and that he was making payments on others. Applicant has failed to rebut or mitigate the government's security concerns under financial considerations. Clearance is denied.


Financial

02/26/2010

Applicant incurred delinquent debt when his wife did not pay the family debts but used the funds for purchase of luxuries. Applicant did not know that the debts were not paid because his wife managed the family finances, and falsely advised him their finances were good. After learning of the state of his finances, Applicant divorced his wife, paid some of the debts as best he could, and pushed for the sale of their house to generate more funds to pay debts. Applicant was advised by an attorney not to pay the remaining debts because they were or would be unenforceable under the statute of limitations. Applicant acted reasonably and responsibly toward his finances indicating he will act reasonably and responsibly to protect classified information. Clearance is granted.


Financial

02/26/2010

Applicant failed to mitigate the government's security concerns raised under Guideline F, Financial Considerations. Clearance is denied.


Drugs

02/26/2010

Applicant illegally used marijuana three to five times. He also used ecstasy once. Applicant ended his marijuana use in July 2008, and has not used illegal drugs since that time. He has no intent to use them in the future and signed a statement to that effect. A substance abuse expert found that he is not a drug abuser or drug dependent, and there is a low probability of future use. He has held a professional job for more than two years and his supervisor testified that he has performed responsibly. Security concerns under Guideline H are mitigated. Clearance is granted.


Financial; Personal Conduct

02/26/2010

Between July 2002 and October 2006, the Internal Revenue Service (IRS) filed liens totaling $88,698 against Applicant for nonpayment of taxes. The most recent lien of about $53,154 covers tax years 2003 and 2004, when Applicant was gambling heavily, and it has not been released. In 2007, he defaulted on two mortgage loans. While he averted foreclosure of his home by modifying or refinancing his primary mortgage, the lender of his second mortgage wrote off its loan. Applicant continues to ignore some consumer credit delinquencies, and he was not fully candid about his financial problems when he applied for his security clearance. Clearance is denied.


Foreign Preference

02/26/2010

Applicant was born in Trinidad and Tobago, came to the United States in 1980, and became a United States citizen in 1988. In 1996, he applied for dual citizenship with Trinidad and Tobago so he could generate business opportunities for his employer in the United States. The business was unable to generate any business. He and his employer decided there was no reason to continue to pursue business in Trinidad and Tobago. His Trinidad and Tobago passport expired in September 2008 and has not been renewed. Applicant expressed his intent to relinquish his dual citizenship with Trinidad and Tobago. Clearance is granted.


Financial

02/25/2010

Applicant is 34 years old and employed as a Security Guard by a defense contractor. Applicant's excessive indebtedness caused by circumstances largely beyond his control, namely, his wife, who failed to pay the pay the bills while he was deployed in Iraq. Since then, he has divorced and made a good faith effort to resolve the indebtedness. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 09-06594.h1


Foreign Influence; Foreign Preference

02/25/2010

Foreign preference concerns are mitigated based on Applicant's willingness to renounce her Colombian citizenship. When she voted in the Colombia Presidential election in 2006, she was not aware of the related security issues. She did not apply for a security clearance until two years later. Foreign influence security concerns raised by the status of Applicant's ten siblings and extended relatives as citizens and residents of Colombia are mitigated. Applicant has lived in the U.S. since 1988. She became a U.S. citizen in 2004. Her immediate family, i.e. her husband and child, are citizens of and reside in the U.S. Although close to her family members in Colombia, her significant ties are in the U.S. All of her assets are in the U.S. Foreign influence and foreign preference security concerns are mitigated. Clearance is granted.


Financial

02/25/2010

Applicant has 57 delinquent debts from credit cards, loans, and services that she incurred starting when she was married. While married, she and her husband had problems meeting her financial obligations. After she divorced, she could not meet her financial obligations. All but one of these debts are still unpaid. Most creditors she has not contacted concerning the debts. Applicant has not mitigated trustworthiness concerns based on her finances. Access to sensitive information is denied.


Foreign Influence

02/25/2010

Applicant was born in Taiwan, Republic of China. She has lived in the United States since immigrating in 1997. Her father, mother, and grandmother live in Taiwan, and she visited there four times between 1999 and 2006. She has been estranged from her father for several years. Her grandmother is elderly and suffers from Alzheimer's disease. Applicant and her mother are in contact about every two weeks. They have a strained relationship, but keep in touch primarily to maintain the relationship between Applicant's mother and her daughter. Her mother is in the process of becoming a U.S. citizen, and has obtained permanent resident status. Applicant earned a master's degree at a U.S. university. She has worked for federal contractors since 1999. Applicant is married to a U.S. citizen, a petty officer in the U.S. Navy, who has held a security clearance since 1994. The strong ties to the United States represented by her husband, daughter, and ten years of employment supporting defense industry, outweigh her ties to Taiwan. Clearance is granted.


Financial

02/25/2010

Applicant had 31 delinquent debts incurred before he was divorced. He paid three of the debts, is paying seven more debts under a payment plan, and has offered to pay another seven by payment plan. He does not know about 12 debts for co-payments for medical care provided his former wife and son after he divorced. Applicant mitigated security concerns based on his finances. Clearance is granted.


Alcohol; Criminal Conduct, Personal Conduct

02/25/2010

Applicant is a 34-year-old man, who has honorably served this country, including a period of time in combat. He has a history of alcohol-related incidents that occurred between 1992 and 1999 after he had been consuming alcohol. In 2001, he was charged with a felony involving theft for using a girlfriend's credit card and served five years of probation until 2008. He presented evidence of alcohol rehabilitation that he has participated in since 2009. When he completed a security clearance form and another federal employment document in 2005, he did not disclose specific information about the criminal incidents. He mitigated the security concerns raised under the guidelines of alcohol consumption, criminal conduct, and personal conduct. Clearance is granted.


Foreign Preference

02/25/2010

Applicant was born in Venezuela, but has lived in the U.S. since the age of six. She received her education in the United States. Her parents are naturalized U.S. citizens living in the United States. Applicant became a U.S. citizen in 2005 and received a U.S. passport at that time. Applicant voted in foreign elections to express her disagreement with the foreign government's policies. She was unaware that doing so posed a security concern. Applicant also renewed a foreign passport in 2007. She used the foreign passport to travel to Venezuela in 2007, believing it was required by the foreign government. Since realizing that her belief was unfounded, she has traveled to Venezuela and other foreign countries using only her U.S. passport. When she learned that her foreign passport represented a security issue, she surrendered it to her security officer. The elimination of this security risk, and her strong ties to the United States, have allayed the government's security concerns under Guideline C. Clearance is granted.


Financial

02/25/2010

In October 1998, Applicant’s debts were discharged through Chapter 7 of the Bankruptcy Code. His statement of reasons (SOR) lists eight delinquent debts totaling $24,543. His history of financial problems, combined with his failure to make sufficient effort to resolve four of his delinquent debts, causes security concerns. Eligibility for access to classified information is denied.


Drugs; Personal Conduct

02/25/2010

Applicant used marijuana with varying frequency during two cycles -- 1976 to 1983 and 1998 to 2007. During the second cycle of marijuana use, he held a security clearance. Additionally, in August 2007, Applicant was denied access to sensitive compartmented information (SCI) by another government agency for drug involvement. He also failed to fully disclose marijuana use or minimized his marijuana use on 2002 and 2007 security clearance applications. Applicant was able to partially mitigate falsification concerns, but was unable mitigate concerns related to drug involvement. Clearance is denied.


Drugs; Personal Conduct

02/25/2010

While holding a security clearance for her duties with a defense contractor, Applicant used cocaine from January 2006 until August 2006, when she was arrested for possession of cocaine and risk of injury to a minor. She relapsed twice in 2007 while she was in counseling, including one time after she had completed a court-ordered pretrial drug education program. She intends to maintain a lifestyle free of illegal drugs, but the drug involvement and related personal conduct concerns are not fully mitigated. Clearance is denied.


Alcohol; Personal Conduct

02/25/2010

Applicant was arrested for drunk driving in May 1999, March 2004, and March 2005. He completed court-ordered treatment and counseling programs after the first two arrests. After his third arrest, he completed a more extensive alcohol program from August 2005 to January 2007, and he received a favorable diagnosis contingent on following an aftercare plan. He delayed completing the aftercare requirements until shortly before the hearing. He did not disclose his May 1999 arrest when he entered the treatment program in August 2005, and he intentionally omitted it when he submitted his security clearance application. Security concerns based on alcohol consumption are mitigated, but concerns arising from his falsification of his security clearance application are not mitigated. Clearance is denied.


Personal Conduct; Criminal Conduct

02/25/2010

Applicant is 31 years old. He has a history of criminal conduct. He was charged with felonies on two occasions. The first felony charges were dismissed, the later felony charges for larceny and fraud were reduced to misdemeanors and he pleaded guilty to them. Applicant intentionally and deliberately failed to disclose the extent of his criminal conduct, including the felony charges on his security clearance application. He also provided misleading and false information when he was interviewed by an Office of Personnel Management investigator. Applicant failed to mitigate the security concerns under Guidelines E, Personal Conduct, and J, Criminal Conduct. Clearance is denied.


Drugs

02/24/2010

Applicant used marijuana between January and April 2003. After six years, he again used marijuana once in May 2009, six months after he applied for his security clearance. Clearance is denied.


Personal Conduct

02/24/2010

In 1983, Applicant married an American woman to avoid deportation from the United States. They divorced two years later, although they lived as husband and wife until that time. He became a naturalized U.S. citizen in 1992. He remarried in 1993. In 2004, he obtained a position with a defense contractor to work as an Iraqi linguist in the war zone in Iraq. His supervisors commend him for his service. The government raised allegations that he did not fully disclose the circumstances surrounding his first marriage in security clearance forms. He denied those allegations. He mitigated the security concerns raised under the guideline for personal conduct. Clearance is granted.


Financial

02/24/2010

Applicant's statement of reasons (SOR) listed one delinquent debt for $25,336. He admitted he borrowed about $3,000 from the creditor; however, he disputed the amount of his debt. He offered $200 to settle the debt. He did not take sufficient actions to address or resolve his SOR debt. Financial considerations concerns are not mitigated, and eligibility for access to classified information is denied.


Foreign Influence; Foreign Preference

02/24/2010

In 1962, Applicant was born in the People's Republic of China (China). In 1995, he immigrated to the United States. In 2008, Applicant and his spouse became U.S. citizens. One of his two children was born in China, and the other was born in the United States. However, he has retained significant connections to China. He traveled to China in 2003 and 2006. His parents and parents-in-law live in China, and he and his wife have frequent contacts with them. Foreign preference concerns are mitigated; however, foreign influence concerns are not mitigated. Access to classified information is denied.


Criminal Conduct; Financial

02/24/2010

Applicant failed to mitigate the security concerns generated by his criminal conduct and financial problems. Clearance is denied.


Financial

02/24/2010

Applicant mitigated the security concerns raised by the financial problems that were caused by the collapse in the housing market in 2006. Clearance granted.


Drugs

02/24/2010

Applicant mitigated the security concern caused by her use of marijuana, which last occurred in or about August 2008. Clearance is granted.


Financial

2/24/2010

The Applicant has addressed all of the alleged past due debts that were incurred, for the most part, by his former spouse who has a gambling problem. Sufficient rehabilitation has been shown. Clearance is granted.


Alcohol

02/24/2010

Applicant received alcohol-related treatment in the early 1990s. In June 2008, the police arrested Applicant for driving under the influence of alcohol (DUI), and he admitted he was DUI. From July 2008 to September 2008, he received alcohol-related treatment. In September 2008, his therapist diagnosed him as alcohol dependent. Applicant failed to fully comply with his therapist's recommendations. Applicant minimized his alcohol consumption. Applicant failed to mitigate security concerns arising from alcohol consumption. Eligibility for access to classified information is denied.


Foreign Influence

02/24/2010

Applicant, his wife, and their three children fled their native Iraq in 1995 and arrived in the United States in 1999. They remained and established lives in the United States. Applicant and his family became U.S. naturalized citizens 2006. In 2007, he returned to Iraq as a cultural advisor and translator for a contractor working for the U.S. Army, where he made significant contributions in the medical division on base. Applicant mitigated the foreign influence concerns raised by his four siblings residing in Iraq. Clearance is granted.


Criminal Conduct; Drugs

02/24/2010

Applicant is 31 years old, unmarried, and has a son. She works for a defense contractor. She was arrested in August 2008 with three friends when marijuana and paraphernalia was found in their hotel room. Applicant mitigated the criminal conduct and drug involvement security concerns. Clearance is granted.


Financial

02/24/2010

Applicant is a 57-year-old engineer. The record evidence shows Applicant's financial history includes four state tax liens for multiple tax years and one federal tax lien for multiple tax years. In total, the liens amount to more than $37,000 in back taxes. He has not paid, settled, or resolved the tax liens. He is not making a good-faith effort to resolve the liens. The record contains insufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is denied.


Financial; Personal Conduct

02/24/2010

Applicant accumulated a significant amount of debt after he divorced in 2004 that he attributes to "poor decisions." Although he recently resolved some of the debt, he failed to provide sufficient evidence that he has taken substantial steps to resolve the remaining debts. He failed to mitigate the security concerns raised under the financial considerations guideline. He mitigated those concerns raised under the personal conduct guideline regarding his failure to disclose the debts on his security clearance application. Clearance is denied.


Financial

02/24/2010

Applicant failed to provide any information that could mitigate the security concerns about his accrual of more than $47,000 in delinquent debt. Clearance is denied.


Sexual Behavior; Personal Conduct; Information Technology; Criminal

02/24/2010

Applicant is 39 years old, married, and has three children. He works for a defense contractor. Applicant accessed pornographic websites, including those depicting young children, in 2007 while working for his previous employer. He installed software on his company computer to download and share these pictures. He was terminated and did not disclose it on his security clearance application in 2008. Clearance is denied.


Drugs; Personal Conduct

02/23/2010

Applicant is 30 years old and employed as a Pierside Service Technician by a defense contractor. His history of illegal drug use that includes methamphetamine, marijuana, cocaine and LSD use, resulting in drug related arrests and a prison sentence of a year and a half, has been mitigated by a complete life transformation and seven years in a drug free lifestyle. The Applicant had no intent to conceal his drug related arrests from the Government on his security clearance application or from his facility security officer, as the matters had been expunged and he believed he did not have to reveal them. Sufficient evidence in mitigation has been shown. Clearance is granted. CASE NO: 09-03425.h1


Drugs

02/23/2010

Applicant, who is 23 years old, illegally used marijuana frequently when he was 14 to 22 years old. He also tried other drugs on an infrequent basis. Applicant ended his marijuana use in December 2007. Currently, he does not use illegal drugs, and has not used them for more than two years. He has held a responsible job for almost two years and has performed responsibly. Security concerns under Guideline H are mitigated. Clearance is granted.


Financial

02/23/2010

Applicant is a 57-year-old employee of a defense contractor. He served in Vietnam with the Marine Corps and Iraq with the Army Reserve/National Guard. He mitigated the security concerns raised by his history of delinquent debts. Clearance is granted.


Financial

02/23/2010

Applicant is 50 years old. She began experiencing financial problems when she became disabled in 2006. She has not worked full-time since April 2008. She resorted to using credit cards to pay her expenses. Applicant has paid some of her delinquent debts and has made some effort to regain control of her finances, but has many delinquent debts that remain unresolved. Without a consistent record of responsible fiscal 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

02/23/2010

The Appeal Board remanded Applicant's case requesting clarification of whether Applicant possessed a need for access to classified information before the commencement of the hearing. I find Applicant did possess a need for access to classified information before the commencement of his hearing. Even though Applicant was not working in a particular contract or being paid by his employer, Applicant was still being sponsored for a clearance by his employer who intended to rehire him.


Financial; Personal Conduct; Criminal Conduct

02/23/2010

Personal conduct concerns are mitigated because Applicant did not intentionally omit his judgments and several arrests on his security clearance questionnaire. Criminal conduct concerns are mitigated because it has been over three years since Applicant's last arrest and he has a good employment record. Financial considerations concerns remain because Applicant has $56,742 in delinquent accounts. While $54,633 of the delinquent debts are medical debts incurred when Applicant had no health insurance, his monthly expenses are more than his monthly income. His financial problems are unlikely to be resolved in the near future. Security concerns remain under financial considerations. Clearance is denied.


Financial; Foreign Influence

02/23/2010

Applicant is a highly regarded linguist who encountered financial problems associated with injuries and accompanying layoffs. He completed a Chapter 7 bankruptcy in 1997 and later filed for Chapter 13 relief in 2002, which he was able to dismiss when he returned to work and could pay his creditors. His home foreclosure in 2007 did leave him with a potential deficiency balance which he ready and able to address should the creditor be able to account for the debt. Applicant had good overall credit and mitigates security concerns associated with his finances. Foreign influence concerns are raised over his having family members in Iraq. Applicant mitigates foreign influence concerns by demonstrating the absence of any heightened risks associated with his having immediate and extended family members in Iraq. Clearance is granted.


Drugs, Criminal Conduct; Personal Conduct

02/23/2010

Applicant experimented with marijuana in high school but stopped using it when he joined the Navy. He became disenchanted with Navy because he could not work in his specialty without a clearance. He absented himself from the Navy, became involved with a cocaine-addicted girlfriend, used drugs, sold drugs, and assaulted a military superior. He was administratively discharged from the Navy for drug involvement and misconduct. He was convicted of possession of a controlled substance with intent to distribute after he sold drugs on three occasions to an undercover police officer. He was sentenced to incarceration for 15 years, with all but nine months suspended. He served the nine months on work release, continuing to work for his current employer, working as an informant for the police, and encouraging other inmates to stay away from drugs. He was released from supervised probation in January 2008 and has not been involved with drugs since October 2004. He has found a new girlfriend and become a highly regarded employee. Clearance is granted.


Financial; Personal Conduct; Foreign Influence

02/22/2010

Applicant failed to mitigate security concerns under the financial considerations, personal conduct, and foreign influence adjudicative guidelines. Clearance is denied.


Financial

02/22/2010

Applicant is 57 years old. In 2006, she became responsible for caring for her parents, who were in failing health. She also experienced her own medical problems, which caused her to be out of work for a period of time. She resorted to using credit cards to pay her expenses and admittedly was not focused on her finances. She has made some effort to regain control of her finances, but has many delinquent debts that she has not yet addressed. Without a consistent record of responsible fiscal 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

02/22/2010

Applicant works for a defense contractor. She has eleven delinquent debts totaling $49,160. Three debts were resolved by judgment and garnishment collection actions in 2009. Eight delinquent debts remain, totaling $18,968. Applicant did not provide any evidence that she resolved or paid those debts. Applicant did not mitigate the financial security concern. Clearance is denied.


Financial

02/22/2010

Applicant owes approximately $34,350 in delinquent debts. She lacks a coherent plan to resolve her debts, and she has failed to mitigate security concerns arising under the Financial Considerations adjudicative guideline. Eligibility for access to sensitive Information is denied.


Financial

02/22/2010

The Statement of Reasons alleges delinquent debts amounting to more than $220,000, including about $100,000 owed to the IRS for unpaid federal taxes. Applicant operated his own business. It was severely damaged when he hired an accountant who stole approximately $60,000 from the business and when Applicant lost a major client. In response, he relocated, and bought a home which has appreciated in value. He plans to use the equity from the home, some time in the future, to pay his debts. Applicant stated that he paid one debt, but provided no documentation to support his claim. There is no evidence of payment plans for the remaining debts and no concrete plan to resolve them. Promises to pay in the future do not demonstrate a good-faith effort to resolve debt. Clearance is denied.


Foreign Influence

02/22/2010

Applicant is 52 years old and is employed by a defense contractor. Applicant married a citizen and resident of the People's Republic of China (PRC) in 2006. He gives her $4,000 monthly to support her and her 14-year-old son. Applicant also gave his wife money to purchase a house in the PRC. Applicant failed to mitigate the foreign influence security concerns. Clearance is denied.


Financial; Criminal Conduct

02/22/2010

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


Personal Conduct; Financial

02/22/2010

Applicant is a 51-year-old employee of a defense contractor. He mitigated Personal Conduct concerns. He has filed bankruptcy on four occasions. He did not provide sufficient evidence to mitigate the Financial Considerations security concerns raised by his history of delinquent debts. Clearance is denied.


Financial

02/22/2010

Applicant accumulated a number of delinquent debts during recurrent periods of unemployment. After obtaining a Chapter 7 bankruptcy discharge in 2004, he experienced additional unemployment and associated delinquencies in his personal accounts. Still plagued by low paying professional work, Applicant has not been able to address his debts in any tangible way. With no documented debt resolution, and no visible repayment plan based on his current income level, Applicant is unable at this time to mitigate financial security concerns. Applicant also fails to mitigate security concerns related to his unexplained omissions of his delinquent debts in the e-QIP he completed in 2008. Clearance is denied.


Foreign Influence

02/22/2010

This 31-year-old employee of a defense contractor has not mitigated the security concerns under the foreign influence guideline. He was born in the Peoples Republic of China (PRC) and is a naturalized United States citizen who has lived in the United Stated since 1995. His wife, relatives, and his mother-in-law are citizens of China. He visited China in 1996, 1999, 2002, 2006, 2007, and 2008. Clearance is denied.


Alcohol

02/22/2010

Applicant has a history of recurrent alcohol abuse. His documented problems with alcohol include a 1991DUI incident and alcohol treatment and counseling for diagnosed alcohol dependence. Applicant's corrective efforts to address his alcohol issues include counseling, AA and sustained sobriety for just over a year. His efforts justified a recent upgraded diagnosis of alcohol dependence in full remission, and warrant safe predictions about his ability to avoid recurrent alcohol abuse in the future. Applicant mitigates alcohol concsumption concerns. Clearance is granted.


Personal Conduct

02/22/2010

Applicant is a 52-year-old employee of a federal contractor. The record shows Applicant, a retired Marine with 30 years of military service, wrongfully possessed two nine- millimeter pistols while working as a civilian employee supporting the U.S. Armed Forces in Iraq in 2006. In addition, in January 2006, he was involved in an incident where he shot two Iraqi nationals, although it appears his actions were in self-defense. Applicant did not report the shooting to his employer or to an appropriate U.S. authority. The shooting incident was discovered in June 2006, when his employer learned of it indirectly; the employer then reported it to the Defense Department. In May 2008, a law-enforcement investigation determined there was insufficient evidence to prove or disprove the death of an Iraqi national and the aggravated assault of a second Iraqi national did or did not occur. Taken together, the facts and circumstances surrounding Applicant's wrongful possession of the firearms and his failure to timely report the shooting incident to his employer or appropriate U.S. authority raise unanswered questions about his suitability or fitness for a security clearance. Clearance is denied.


Financial

02/19/2010

Applicant is a 55-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.


Guideline F

02/19/2010

The prior Appeal Board decision cited by Applicant is factually distinguishable from this case. Adverse decision affirmed.


Guideline F

02/19/2010

According to the Directive, the DOHA security clearance process is not normally terminated once a hearing has commenced. Adverse decision affirmed


Financial

02/18/2010

Applicant is a 28-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.


Financial; Personal Conduct

02/18/2010

Applicant is 45 years old. He retired from the military in 2004, and receives retried pay. He experienced periods of unemployment after he retired. He has been working since May 2007. He and his fianc‚e at the time accumulated a large amount of consumer debt and were living beyond their means. Applicant was unable to pay the debts when he was out of work. He has been earning a steady substantial income and failed to address most of his delinquent debts until his security clearance became an issue. He intentionally did not divulge he had delinquent debts on his security clearance application because he thought it would affect his ability to obtain a clearance. Applicant has failed to mitigate the security concerns under Guidelines F, Financial Considerations, and E, Personal Conduct. Clearance is denied.


Guideline F

02/18/2010

Although Applicant's poor financial condition was affected by circumstances outside his control, the Judge reasonably concluded that Applicant had failed adequately to address his debts. The Judge's findings are based on substantial evidence. Any error in those findings is harmless. Adverse decision affirmed.


Financial

02/18/2010

In 2004, Applicant separated from his wife, who mismanaged their finances. Then he lost his business in Hurricane Katrina. During this time-frame, approximately $17,160 in delinquent debt was acquired. He is having them addressed by a credit repair agency, which expects to resolve the obligations within the next three years. No other efforts regarding these debts were noted. Applicant failed to mitigate financial considerations security concerns. Clearance is denied.


Financial

02/18/2010

Applicant accumulated a number of delinquent debts during recurrent periods of unemployment and underemployment. Both his wife and himself have been beset with longstanding disabilities that have hindered their ability to work or find full-time employment. Applicant has been doing all he can with his limited retirement benefits and part time employment and promises repayment of his debts once his employer is able to restore him to full time employment (contingent on his obtaining a security clearance). His efforts are sufficient at this time to mitigate security concerns. Clearance is granted.


Financial

02/18/2010

Applicant's financial problems were caused by divorce, and complicated by four months of unemployment. However, Applicant has been steadily employed since August 2008. Having denied eight debts in his answer to the Statement of Reasons, Applicant appeared at the hearing with no documentation to explain or substantiate why he disputed the listed debts. In addition, he provided no documentation of what his plan was to address his indebtedness. Clearance is denied.


Financial

02/18/2010

Applicant incurred delinquent debt when he was developing business plans and working other business ventures but did not receive the pay he was promised. He paid four of the nine delinquent debts and is paying a fifth debt with only two small payments remaining. He disputed four debts to a time share management company. He is making small payments to the time share company that he believes he does owe. His current debts are paid as agreed. Applicant mitigated security concerns for his finances. Clearance is granted.


Drugs; Alcohol; Personal Conduct

02/18/2010

This 56-year-old employee of a defense contractor has not mitigated the security concerns under the drug involvement conduct guideline. She used crack cocaine in 1987 and 1988. She successfully completed treatment for her addiction. She stated using marijuana in 2000 until 2007. She was arrested in May 2007 for possession of marijuana. She has mitigated concerns under the personal conduct and alcohol consumption guidelines. Clearance is denied.


Guideline G; Guideline F

02/18/2010

The Judge's conclusion that Applicant failed to mitigate security concerns arising from his alcohol consumption and from his gambling is sustainable. The Judge is presumed to have considered all the evidence in the record. Adverse decision affirmed.


Financial; Personal Conduct

02/18/2010

Applicant is a 49-year-old employee of a defense contractor. He mitigated the security concerns raised by his history of delinquent debts, but he intentionally provided false testimony at his hearing. Clearance is denied.


Guideline B

02/18/2010

Applicant has supported U.S. objectives, sometimes at the expense of his own safety. Nevertheless, the Judge reasonably concluded that his extensive family ties to Sudan raised security concerns which Applicant failed to mitigate. Adverse decision affirmed.


Financial; Personal Conduct

02/17/2010

Applicant's two bankruptcies and a $126,715 debt owed to the Internal Revenue Service for past due income taxes raise concerns under financial considerations. His unwillingness to pay his income taxes and expressed intention to not file federal income tax returns in the future raise concerns under personal conduct. The concerns are not mitigated. Clearance is denied.


Financial

02/17/2010

Applicant has resolved all but one of the delinquent debts that accrued five years ago during a former relationship. He makes regular payments toward this last debt, and has established a track record of financial responsibility and solvency. Eligibility for access to classified information is granted.


Financial

02/17/2010

Applicant owes about $55,000 in total delinquent Federal income taxes that he failed to pay each year from 2003 to 2008. He recently resolved two other delinquent accounts. He recently resumed participation in Gamblers Anonymous to address his gambling addiction, but has not yet established a track record of financial responsibility or solvency. Eligibility for access to classified information is denied.


Guideline F

02/17/2010

Applicant failed to demonstrate a track record of responsible actions in regard to his debts. The Judge's findings are based upon substantial record evidence. The Board lacks authority to hold oral argument. Adverse decision affirmed.


Financial

02/17/2010

Applicant owes the federal government over $43,999 in past-due income taxes and incurred approximately $58,125 in delinquent credit card accounts within the past few years. While there is some mitigation in Applicant's case, it is insufficient to explain the total amount of Applicant's delinquent debts. While he intends to file bankruptcy, his federal income tax issues will remain, regardless of whether his credit card debts will be discharged in bankruptcy. He did not mitigate the security concerns raised under financial considerations. Clearance is denied.


Guideline F

02/17/2010

Applicant failed to demonstrate responsible behavior in regard to his debts, nor did he establish a meaningful track record of debt repayment. Any error in the Judge's findings regarding the total amount of Applicant's debts is harmless. Adverse decision affirmed.


Financial

02/17/2010

Applicant's statement of reasons (SOR) listed seven delinquent collection accounts totaling $65,343. Among other things, Applicant and his wife had several serious medical issues to contend with as well as a reduction in salary. Applicant was able to demonstrate that he has paid, settled, or otherwise made a good-faith effort to resolve all his debts thus successfully mitigating concerns raised. Eligibility for access to classified information is granted.


Financial

2/17/2010

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


Alcohol; Personal Conduct

02/17/2010

Applicant has a long history of consuming alcohol to excess. He participated in inpatient alcohol treatment in 2006 and three times in 2008. He also used illegal substances up to 2007. He admitted that he falsified his security clearance by not disclosing his illegal substance use and that he used those substances while holding a security clearance. He failed to mitigate the security concerns raised under the alcohol consumption or personal conduct guidelines. Clearance is denied.


Guideline H; Guideline E

02/17/2010

Applicant failed to mitigate security concerns arising from his prior drug use and his omissions on the security clearance application. The Judge's decision not to admit a document written in a language other than English was not arbitrary, capricious, or contrary to law. Hearing office decisions, even by the same Judge, are not binding precedent. Adverse decision affirmed.


Criminal Conduct; Drugs; Financial; Personal Conduct

02/17/2010

Applicant was incarcerated in 1998 following his felony drug conviction for the manufacture and delivery of LSD. After his parole ended in 2001, he continued to exhibit a disregard for the law by repeatedly operating a vehicle while his license was revoked or suspended, and by using illegal drugs in 2004 and 2006. He lost a job in 2002, due in part to his abuse of alcohol. He owes about $11,463 in delinquent debt that is only partially attributable to a motorcycle accident. Applicant's omission of arrest record information from his security clearance application was unintentional, but serious concerns persist about his judgment and reliability. Clearance is denied.


Personal Conduct; Criminal Conduct; Financial

02/17/2010

Applicant was convicted of selling marijuana in July 2002 and carrying a concealed weapon in June 2004. He disclosed the concealed weapon offense on his security clearance application, but he intentionally did not disclose the marijuana conviction. He allowed his student loans to go into default because of a disagreement with his family about responsibility for paying them. The student loans are now current. He repeatedly promised to pay a $143 medical bill but has not done so. Security concerns based on personal conduct, criminal conduct, and financial considerations are not mitigated. Clearance is denied.


Financial

02/11/2010

Applicant incurred around $12,000 in delinquent debt over the past six years due to two automobile repossessions. These occurred because of the health problems of both the Applicant and his wife. His current financial situation is stable and he has paid, or will pay, his past due debts. Financial security concerns were mitigated. Eligibility for security clearance is granted.


Drugs; Personal Conduct

02/09/2010

Applicant did not mitigate security concerns related to his history of illegal drug use including drug use while possessing a security clearance and his deliberate falsifications on two separate security clearance applications. Clearance is denied. CASE NO: 11-02215.h1


Foreign Preference

02/05/2010

Applicant has not taken sufficient actions to mitigate the security significance of her continuing to hold German citizenship. She has surrendered her active German passport. Clearance is denied.


Foreign Influence, Foreign preference

02/04/2010

Applicant failed to mitigate trustworthiness concerns regarding her connections to her sister who lives in Taiwan under Guideline B (foreign influence) and the whole person concept. Guideline C (foreign preference) concerns are mitigated despite her ownership share in a condominium located in Taiwan. She also obtained a Taiwan Identification Card after receipt of her statement of reasons (SOR). Applicant's eligibility to occupy a public trust position is denied.


Financial

02/04/2010

Applicant has accumulated 11 separate debts totaling $48,131. These debts have been owed for a number of years with little or no effort by Applicant to repay them. No mitigating conditions apply. Clearance is denied.


Personal Conduct

02/04/2010

From 1974 to about 2004, Applicant held a security clearance, and beginning in 1985 to about 2004, he engaged in high risk personal conduct that made him vulnerable to exploitation, manipulation, or duress. He did not fully disclose this behavior to his command, and he has not disclosed it to his employer. Applicant failed to mitigate security concerns arising under the Personal Conduct adjudicative guideline. Clearance is denied.


Financial

02/04/2010

Applicant developed financial problems in 2003 when he stopped paying his bills. Applicant has paid $121 on his more than $30,00 of unpaid debts. He has not mitigated the government's security concerns under guideline F. Clearance is denied.


Financial

02/04/2010

Applicant received a bankruptcy discharge in 1993 and a bankruptcy discharge in 2000. He currently has 15 delinquent debts totaling over $36,000. His recent efforts to resolve some of his accounts do not mitigate the concerns under financial considerations because of his lengthy history of financial irresponsibility. Clearance is denied.


Sexual Behavior; Personal Conduct

02/04/2010

This 43-year-old employee of a defense contractor has not mitigated the security concerns under the sexual behavior and personal conduct guidelines. From 1990 until 2008, he accessed a website to view child pornography, about five to seven times a week. He intentionally falsified material facts during an April 2008, investigative interview. Clearance is denied.


Foreign Influence, Personal Conduct

02/04/2010

Applicant has family who are residents and/or citizens of Saudi Arabia, the United Arab Emirates, Iraq and Jordan. She has infrequent contact with a few and almost no contact with most of them. Foreign exploitation based on these minimal ties is unlikely. However, Applicant's deliberate failure to disclose illegal drug use from 2000 to 2005 on two security clearance applications is unmitigated. Clearance is denied.


Guideline H; Guideline E

02/04/2010

Nothing would lead a dis-interested person reasonably to question the Judge's fairness and impartiality. Adverse decision affirmed


Guideline F

02/04/2010

The record does not support the Judge's conclusion that Applicant's tax debt had been forgiven . There is record evidence of Applicant having an extensive history of tax problems. Favorable decision reversed.


Financial; Personal Conduct

02/03/2010

Applicant and his ex-wife accumulated numerous joint debts during their marriage. When they divorced, they did not allocate responsibility for individual debts. None of the debts have been resolved. Applicant did not disclose the delinquent debts on his security clearance application. Security concerns based on financial considerations and personal conduct are not mitigated. Clearance is denied.


Financial, Personal Conduct

02/03/2010

Applicant's statement of reasons (SOR) listed 10 delinquent debts totaling $80,965. Her debts consisted primarily of credit card debt with the exception of one small cell phone collection account, which she paid. The remaining accounts were either unpaid or unresolved. Applicant did successfully mitigate personal conduct concerns that arose from alleged falsification of her security clearance application. She failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Financial

02/03/2010

Applicant has had a history of overdue debts, none of which are yet resolved. Mitigation has not been shown. Clearance is denied.


Guideline F

02/03/2010

Applicant claim that Judge did not consider his post-hearing submission is not persuasive in light of the Judge's multiple citations to documents from the submission. Adverse decision affirmed.


Guideline F

02/03/2010

The government is not estopped from making an adverse security clearance decision after a favorable adjudication. The Judge did not err by applying the current guidelines to applicants conduct even though occurred prior to the issuance of the guidelines. Adverse decision affirmed.


Alcohol

02/03/2010

Alcohol consumption concerns raised by Applicant's drunk driving offenses in May 2003 and March 2006, and by his July 2006 open container violation are not mitigated. He continues to minimize his drinking history to where it cannot be concluded that issues of alcohol abuse are safely in the past. Clearance is denied.


Guideline J; Guideline G

02/03/2010

Applicant's claim not have had a drink since January (2009) warranted discussion by the Judge. The error is harmless Adverse decision affirmed.


Foreign Influence, Foreign Preference

01/29/2010

Applicant is a naturalized U.S. citizen who was born in Iran. His mother, brothers, and sister are citizens and residents of Iran. He has a close and continuing relationship with them, and is in frequent contact by telephone. He visited Iran to see them five times between 2002 and 2007. After becoming a U.S. citizen in 1993, Applicant obtained an Iranian passport. When it expired in 2007, he renewed it. He currently possesses the foreign passport, which is valid until 2012. He uses this passport when he enters and exits Iran. Applicant has no intention of surrendering, destroying, or invalidating the Iranian passport. Clearance is denied.


Financial

01/29/2010

Applicant has resolved her tax lien and delinquent account. She has actively researched her past-due mortgage account and stands willing to pay the account. She has mitigated the security concerns under the financial considerations guideline. Clearance is granted.


Financial

01/29/2010

Applicant accumulated nine delinquent debts after he left active duty with the Marines. He could not find a good paying job and had student loans. He paid all of the debts in full except one that he is disputing. He has a reasonable basis for the dispute. Applicant mitigated security concerns for financial considerations. Clearance is granted.


Financial

01/29/2010

Applicant's statement of reasons (SOR) listed three delinquent debts, totaling $30,000, and a bankruptcy in 1996. He resolved the three SOR debts. All of his legally enforceable accounts and debts are current. Financial considerations concerns are mitigated, and eligibility for access to classified information is granted.


Financial

01/29/2010

Applicant accumulated eight delinquent debts after she became unemployed when her employer lost a contract. She also had medical problems as well as a sick son that she cared for. After getting a good paying job, consistently receiving child support, restructuring her finances, Applicant paid six of the debts and she is paying two other debts under agreed payment plans. Applicant mitigated security concerns for financial considerations. Clearance is granted.


Financial

01/29/2010

Applicant took out a line of credit on his house after the house substantially increased in value. He used the line of credit to consolidate all of his debts into one loan and make improvements on the house. The housing market collapsed in the economic crisis, and the value of his house plunged. Applicant used a credit card issued by the credit union to make mortgage and line of credit payments while he tried to sell the house. He could no longer afford to pay the mortgage and line of credit, so he returned the house to the credit union for foreclosure. The sale of the house did not generate enough funds to pay the line of credit and credit card debt. Applicant has delinquent debt owed to the credit union because of conditions beyond his control. He filed for bankruptcy and his debts have been discharged. He acted reasonably under the circumstances. Clearance is granted.


Financial; Personal Conduct

01/29/2010

Applicant's delinquent debt and his omission of relevant financial information from his security clearance application generate Financial Considerations and Personal Conduct security concerns. Applicant's financial problems resulted from his wife's financial mismanagement that occurred without his knowledge. Since discovering the extent of the problem, Applicant has been working diligently to resolve his financial delinquencies. His security clearance application omission constituted a good faith misunderstanding of the question. Applicant has mitigated the Financial Considerations and Personal Conduct security concerns. Clearance is granted.


Drugs

01/29/2010

Applicant used marijuana occasionally between 2005 and July 2008. Though he claims he has no intention of using marijuana in the future, he likes the effect of the drug, and may use it at a future special event if offered to him at no cost. Eligibility for security clearance access is denied.


Financial

01/29/2010

Following surgery and a protracted recovery period, Applicant lost her job. Delays in unemployment benefits and difficulty finding a new job caused her to become delinquent on her accounts. Applicant petitioned for Chapter 7 bankruptcy protection. Credit counseling taught her how to manage her income and cautiously use credit. Now debt- free, she is living within her means. Clearance is granted.


Financial

01/29/2010

Applicant incurred unpaid debts, following the loss of income in 2005. While he paid his bills for a time, he stopped paying his old debts in late 2006 and early 2007. His income is significantly higher now and he is no longer supporting two households. He paid nine of his small debts and developed a repayment plan for his remaining debts. He complies with the terms of his repayment plans. Applicant has mitigated the government's security concerns under Guideline F. Clearance is granted.


Foreign Influence

01/29/2010

Applicant is a dual citizen of the U.S. and Israel. He maintains significant ties to Russia, where his older son is a resident citizen, and to Israel, where he lived from 1979 to 1988. Applicant served in the Israeli military and worked at an Israeli nuclear research institute in the 1980s. After Applicant immigrated to the U.S. in about 1989, Israeli officials or agents contacted him several times about his former work with the Israeli research institute. Applicant's mother-in-law, who lives with him and his spouse in the U.S., has financial assets in Israel (pension and apartment ownership) that are being handled by Applicant's spouse. Foreign influence concerns are not mitigated. Clearance is denied.


Financial

01/29/2010

Applicant received a Chapter 7 bankruptcy discharge in September 1995. In June 2002, he was arrested for filing a false statement for unemployment benefits. The charges were dismissed after he paid restitution. After his 1995 bankruptcy, he accumulated numerous delinquent debts, including delinquent federal taxes of about $13,633. He received a Chapter 7 bankruptcy discharge in August 2009. He has payment plans for two debts that were not discharged: his delinquent federal taxes and a civil judgment for damages inflicted in an auto accident. Clearance is denied.


Misuse Information Technology; Personal Conduct; Sexual Behavior

01/29/2010

In December 2007, Applicant downloaded personal pictures of himself on his company issued computer. The photos included four frontal nude photos of himself. Applicant edited one of the nude photos of himself by adding a "long black tie." He emailed this photo to a female coworker. He has not mitigated the security concerns under Guideline M and Guideline E. He has mitigated the security concerns under Guideline D. Clearance is denied.


Financial

01/29/2010

Applicant incurred delinquent debts incurred when he was a student without health insurance and required medical treatment, when he used student loans to finance his education, and from assuming some of his wife's bills when they married. He has paid in full half of these debts, has payment plans for the remaining debts, except student loans which are in deferment. Applicant mitigated security concern based on his finances. Clearance is granted.


Foreign Influence

01/29/2010

Applicant is applying for renewal of his security clearance. He is a native-born U.S. citizen whose third wife is a citizen of the People's Republic of China. His wife's family, including her adolescent son, lives in China. Applicant is sponsoring his wife's son's immigration to the United States, where he will live with Applicant. Applicant traveled to China five times between 2006 and 2008, while his current wife lived in China. He expects he may return to China with his wife to visit her family. Applicant's previous wife is a citizen of Taiwan, and Applicant pays more than $1,000 per month in child support to his two sons in Taiwan, who are dual U.S.-Taiwan citizens. Applicant's 25-year-old son from his first marriage has lived and worked in China for the past three years. China has an aggressive program targeting sensitive U.S. information. This fact, when considered along with Applicant's strong ties to a Chinese citizen, and ties of obligation to her Chinese family, indicates that a heightened risk of exploitation exists. Clearance is denied.


Financial

01/29/2010

Applicant lacks a track record of financial responsibility, appears to be financially overextended, and does not have a viable plan to avoid similar financial problems in the future. He failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Financial

01/29/2010

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 have since addressed with individual repayment plans. Applicant has been doing all he can with his limited unemployment benefits and has established a promising repayment plan that should be enhanced by his expected return to work in the near future. His efforts are sufficient at this time to mitigate security concerns. Clearance is granted.


Foreign Preference; Foreign Influence; Personal Conduct

01/29/2010

Applicant is a highly regarded engineer for a U.S. defense contractor who exercised dual citizenship with the Czech Republic by obtaining citizenship with the Czech Republic while holding a security clearance and obtaining a Czech passport. While Applicant has surrendered his Czech passport, he has declined to renounce his dual Czech citizenship, citing his intention to retire in the Czech Republic in a few years, and the corresponding need for Czech citizenship and the return of his Czech passport when he retires to maintain and service his Czech-located real estate. Foreign preference concerns are not mitigated. He mitigated foreign influence concerns by demonstrating the absence of any heightened risks associated with his having immediate family members in the Czech Republic. Security concerns raised over Applicant's prior employment status and his Czech contacts, and more recently his failure to notify appropriate personnel of his Czech citizenship, are mitigated by time and good-faith corrections. Clearance is denied.


Financial

01/28/2010

Applicant is 44 years old and employed as a Principal Software Engineer by a defense contractor. The Applicant's real estate business investment, involving two rental properties that went bad through no fault of his own, resulting in one of the properties going to foreclosure, and the other placed for short sale, has been mitigated. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-00327.h1


Financial

01/28/2010

Applicant admitted he has approximately $22,900 in delinquent debt. Although he alluded to a recent relocation and period of unemployment, he failed to provide details regarding either circumstance. Finance-based security concerns remain unmitigated. Clearance is denied.


Financial

01/28/2010

Applicant lacks a track record of financial responsibility. He failed to mitigate financial considerations security concerns. Eligibility for access to classified information is denied.


Financial

01/28/2010

At the time the SOR was issued, Applicant had six delinquent accounts with an approximate total balance of $62,225. He resolved four of the six delinquent accounts. However, two credit card accounts remain unresolved and currently have an outstanding balance of $82,645. While mitigating circumstances contributed to Applicant's financial problems, he did not act responsibly under the circumstances when he gave away approximately $60,000 to individuals between April 2006 to March 2009, rather than using the money towards his delinquent accounts. He did not mitigate the security concerns arising from his financial situation. Clearance is denied.


Financial

01/28/2010

Applicant failed to mitigate trustworthiness concerns regarding her history of delinquent debts under Guideline F (financial considerations). She failed to adequately mitigate two of the three debts listed on her statement of reasons (SOR). Applicant's eligibility to occupy a public trust position is denied.


Financial

01/28/2010

The Statement of Reasons alleges 17 delinquent debts amounting to more than $49,000. Applicant filed a Chapter 7 bankruptcy in 2000, which was discharged. Her current debts have accumulated since 2003. Applicant provided evidence that she paid three debts. However, most of her debts remain unpaid, and Applicant provided no documentation supporting her claim that she has contacted creditors. She has not established any payment plans. Security concerns remain as to Applicant's unpaid debts, and her reliability and good judgment. Clearance is denied.


Foreign Influence

01/28/2010

Foreign influence concerns raised because Applicant's extended relatives are citizens of and reside in a foreign country are mitigated due to Applicant's longstanding and significant ties to the United States. Clearance is granted.


Financial

01/28/2010

Applicant has a history of financial difficulties and an unwillingness or inability to satisfy her delinquent debts. While she entered an agreement to satisfy her delinquent federal taxes, she failed to pay or satisfy at least ten of the debts alleged on the SOR. 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.


Financial

01/27/2010

Applicant was injured in a 2002 accident and remained unemployed until 2005. During this time, he acquired several delinquent debts. Some of those debts are now in collection with third parties. Applicant failed to demonstrate any efforts to satisfy or otherwise address the debts at issue, seek financial counseling, or devise a method to repay his debts. Finance-based security concerns remain unmitigated. Clearance is denied.


Financial

01/27/2010

Applicant's accrual of more than $30,000 of delinquent debt and her failure to disclose it, as required, on a security clearance application trigger security concerns under the Financial Considerations and Personal Conduct guidelines. She failed to mitigate the concerns. Clearance is denied.


Financial

01/27/2010

Applicant is a 35-year-old engineer for a defense contractor. He developed financial problems related to a separation and divorce. He is filing Chapter 13 bankruptcy to address his debts by a plan approved by the court. Clearance is granted.


Drugs, Criminal Conduct, and Personal Conduct

01/27/2010

Applicant used marijuana and psilocybin on several occasions and pled guilty to possession of psilocybin in 2008. He remains on probation and provided no documentation of his meeting the court-ordered drug education and 12-step program requirements under his deferred entry of judgment. Without more proof of his progress with his claimed abstinence, it is too soon to credit him with successful mitigation of recurrence risks. While Applicant is able to successfully refute falsification allegations regarding his interrogatory omission of a drug purchase, he fails to mitigate personal conduct concerns associated with his large number of unaddressed parking tickets. Clearance is denied.


Personal Conduct

01/27/2010

Applicant had three non-judicial punishments in the Army from 1986 until 1999. He had three accusations of domestic assault which were either dismissed or handled as minor offenses. There were three traffic or driving infractions, the last being in 2007. Applicant's offenses were minor, the last being over two years ago, and there is evidence of remorse for his actions and rehabilitation. Applicant mitigated security concerns for personal conduct. Clearance is granted.


Financial; Personal Conduct

01/27/2010

Applicant was laid off from a job in 2004, temporarily interrupting her payments on a debt consolidation repayment plan. Since that time, she has co-signed loans with her sons that have become delinquent. Her credit report reflects numerous negative entries, many of which she does not recognize. Applicant failed to provide documentary evidence indicating she resumed making payments on her repayment plan, received financial counseling, or otherwise implemented a scheme to address the debts at issue. Although personal conduct security concerns are mitigated, finance-based security concerns remain unmitigated. Clearance is denied.


Foreign Influence

01/26/2010

Applicant, his wife, and two children left their native Iraq and came to the United States in 1993. They remained and established lives here. Two other children were born in the United States. Applicant and his family later became U.S. naturalized citizens. His parents and two siblings are naturalized U.S. citizens and reside here. Another sibling resides here. In 2006, he returned to Iraq as a cultural advisor for the U.S. Marines where he made significant contributions. He mitigated the foreign influence concerns raised by two siblings and in-laws residing in Iraq, and a sister residing in Jordan. Clearance is granted.


Financial

01/26/2010

Applicant has 22 delinquent debts from medical bills, repossessions, and credit cards. She co-signed for a mobile home and a car and the borrowers defaulted leaving Applicant with the repossession debts. She has only paid three of her smaller debts. She has not mitigated public trust concerns based on her finances. Eligibility for access to sensitive information is denied.


Criminal Conduct; Drugs; Personal Conduct

01/26/2010

Applicant was arrested four times for drug and alcohol-related offenses between 2003 and 2008. He purchased and used marijuana, with varying frequency, from 2002 to at least 2007. His failure to list his marijuana use on his security clearance application was deliberate. Applicant failed to mitigate security concerns related to his criminal conduct, drug involvement, and personal conduct. Clearance is denied.


Guideline F

01/26/2010

There is a presumed nexus between proven conduct under any of the Guidelines and security eligibility. Security determinations are not limited to an applicant's work performance or on-duty conduct. Adverse decision affirmed.


Financial

01/26/2010

Applicant is responsible for numerous unpaid financial delinquencies, including a home mortgage delinquency of $46,460, a real estate mortgage of $100,000, and a home equity loan for approximately $26,386. 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

01/26/2010

Applicant has 28 delinquent debts that she started accumulating in 2003 when her husband became addicted to drugs and alcohol. She has not paid many of these debts, has not contacted creditors, and has not established plans as to how she intends to pay them. She has not mitigated public trust concerns based on her financial situation. Eligibility for a public trust position is denied.


Financial

01/26/2010

Applicant accumulated 28 delinquent debts, including 13 unsatisfied judgments and a car repossession. She satisfied seven judgments and made a $5 payment on some of the debts. Her monthly expenses exceed her net income by more than $400 per month. She has not mitigated the security concern based on financial considerations. Clearance is denied.


Guideline F; Guideline J

01/26/2010

Judge's conclusion that Applicant had failed to mitigate Guideline J concerns despite passage of eight years from offense to SOR was sustainable. Also, Applicant's response to his debts was dilatory in light of the totality of the record evidence. Adverse decision affirmed.


Financial

01/25/2010

Applicant is 27 years old and employed as a Federal Security Officer by a defense contractor. His delinquent indebtedness has been addressed and is being resolved by a good faith effort. He understands that he must be fiscally responsible at all times. There is evidence of financial rehabilitation. Clearance is granted.


Financial

01/25/2010

Applicant is 30 years old and employed as a Simulation Technician by a defense contractor. His history of indebtedness that totals approximately $27,797.00, was caused by various periods of unemployment. For the past year and a half he has worked full time and has done little to resolve his delinquent debts. He recently hired an attorney to file for Chapter 7 bankruptcy, and who plans to include all of the debts listed in the SOR, but the petition has not yet been filed, and the debts remain owing. There is insufficient evidence of financial rehabilitation at this time. Clearance is denied. CASE NO: 09-01368.h1


Financial

01/25/2010

Applicant is 34 years old and is currently unemployed. Prior to his unemployment, he was working as a Systems Engineer and Storage Internet Architect for a defense contractor. Applicant's excessive indebtedness was caused by a live-in partner who led him to believe that the bills were being paid on time, and by various periods of unemployment. Applicant has made a good faith effort to resolve his indebtedness, and once employed plans to pay off everything within six months. There is sufficient evidence of financial rehabilitation. Clearance is granted.


Financial

01/25/2010

Applicant is 32 years old and employed as a Systems Analyst by a defense contractor. His excessive indebtedness totaling approximately $28,341.00, brought on by unexpected expenses when he left the military, have been mitigated by a good faith effort to resolve his delinquent debts. Clearance is granted.


Guideline J; Guideline E

01/25/2010

Applicant did not respond to the File of Relevant Material. The Judge's conclusion that he had not mitigated the security concerns is sustainable. The Board cannot consider new evidence on appeal. Adverse decision affirmed.


Guideline B; Guideline F

01/25/2010

Applicant cited to Board precedent in support of his contention that he had mitigated the security concerns in his case. However, the prior case he cited is distinguishable from his case. Adverse decision affirmed.


Foreign Influence

01/25/2010

Applicant is 43 years old and employed as a Bi-cultural/Bilingual Advisor for the defense contractor. His foreign family members in Iraq that include his three brothers and three sisters, his mother, a mother and father-in-law, and a sister and brother-in-law do not pose a security risk. Applicant has demonstrated a strong sense of integrity, loyalty and commitment to the United States, and specifically his ability to safeguard classified information. Clearance is granted.


Drugs; Personal Conduct

01/25/2010

Applicant is 37 years old and employed as a Personnel Clerk by a defense contractor. His long history of marijuana use, and his deliberate intention to conceal his most recent use in 2006, on his 2006 security clearance application, has not been mitigated. Clearance is denied.


Financial

01/25/2010

Applicant is 46 years old and employed as an Administrative Engineer by a defense contractor. For some undisclosed reason, the Applicant is indebted to fifty-six creditors in the amount of approximately $86,000. She filed for Chapter 13 Bankruptcy protection in 2008. In 2009, the bankruptcy trustee filed a motion to dismiss the petition because the Applicant failed to make payments according to the plan. Applicant contends that she made arrangements with the trustee to make up her delinquencies due to her husband's and daughter's hospitalization. There is insufficient evidence of mitigation and financial rehabilitation. Clearance is denied.


Drugs

01/24/2010

Applicant is 34 years old and employed as an Operations Analyst Specialist by a defense contractor. His history of marijuana use, purchases and intent to continue his marijuana use in the future disqualifies him from access to classified information, according to the provisions set forth in the Directive under Guideline H, and pursuant to the Bond Amendment/50 U.S.C. Section 435(c). Insufficient mitigation has been shown. Clearance is denied. CASE NO: 10-04955.h1


Foreign Influence; Financial; Personal Conduct

01/24/2010

Applicant is 46 years old and employed by a defense contractor. His excessive indebtedness caused by extravagant spending is being resolved. However, his close and continuing contact with Korea, and his strong foreign family ties to Korea pose a significant security risk. His deliberate falsifications on his security clearance application have also not been mitigated. Clearance is denied. CASE NO: 10-02585.h1


Financial

01/22/2010

Applicant's statement of reasons (SOR) listed 20 delinquent debts, totaling $41,117. He admitted responsibility for 13 SOR debts, totaling $23,525. He was making his child support payments because his pay was being garnished, and he allocated his 2008 income tax refund to reduce his child support debt. One of the 12 remaining SOR debts duplicated another SOR debt. He did not make any payments on the other 11 SOR debts, which totaled $14,402. He did not take sufficient actions to address or resolve his SOR debts. Financial considerations concerns are not mitigated, and eligibility for access to classified information is denied.


Alcohol

01/22/2010

Applicant began consuming alcohol as a high school student. He drank alcohol to excess for many years. After he passed out in an airport bar in late 2004, he stopped consuming alcohol for a year. Because he felt better, he again started consuming alcohol to excess. When he received the SOR, he entered a treatment program and is currently refraining from alcohol consumption. He has not mitigated the government's security concerns under Guideline G because he has not abstained from alcohol consumption for a sufficient length of time. Clearance is denied.


Drugs; Personal Conduct

01/22/2010

Applicant was candid and disclosed his illegal marijuana use on his security clearance application and during his interview with an investigator in 2008. He mitigated the personal conduct security concerns. However, he has a history of illegal marijuana use starting in 1981 and continuing to December 2008. Drug involvement security concerns are not mitigated. Clearance is denied.


Financial

01/22/2010

Applicant is 46 years old. Her two mortgages became past due after she closed her business in September 2007 because of the economic downturn. She was then unemployed for six months. She attempted to renegotiate her loans, but was unable to do so without the assistance of a lawyer she hired in November 2008. In August 2009, she and her husband executed a loan modification agreement that significantly reduced the monthly payments and is financially manageable. She is responsibly managing her current income and expenses. She mitigated the security concerns under the Financial Consideration guideline. Clearance is granted.


Criminal Conduct; Personal Conduct

01/22/2010

Applicant was arrested once in 2001, twice in 2002, and once in 2003. The 2002 offense resulted in a conviction in 2004 for Possession of Injection/Ingestion device. On September 7, 2005, Applicant completed a security clearance application and failed to disclose these four arrests, and his 2004 conviction. He also failed to disclose 16 delinquent debts and two liens. He mitigated the security concern under Guideline J because his criminal conduct was not recent; however, he failed to mitigate security concerns under Guideline E. Access to classified information is denied.


Drugs

01/22/2010

Applicant began using marijuana in high school. In college he used alcohol, marijuana, lysergic acid diethylamide (LSD), ecstasy, cocaine, nitrous oxide, and psychedelic mushrooms with varying frequency. After college he continued to use marijuana and consumed alcohol to excess for about seven years. In June 2000, he voluntarily entered and completed a substance abuse program. He abstained from marijuana until November 2005, when resumed regular use. He stopped using marijuana in December 2007, and he has abstained from all illegal substances until the present. Clearance is granted.


Foreign Preference; Foreign Influence

01/22/2010

Applicant is a dual citizen of Canada and the United States. While he is willing to relinquish his now expired Canadian passport and renounce his Canadian citizenship, there is no elaboration on his intent to eventually draw from a Canadian pension fund or with regard to his possible intent to move there upon retirement. A native of Iran, Applicant still has a mother, sister, and brother living in and citizens of Iran. The limited facts presented preclude a thorough examination of their relationships, leaving security concerns unmitigated. Clearance is denied.


Financial

1/22/2010

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


Criminal Conduct; Alcohol; and Personal Conduct

01/22/2010

This 51-year-old professional has not mitigated the security concerns under the criminal conduct guideline due to the recency of his last DUI in 2007. Also, he has not mitigated the security concerns under the alcohol consumption guideline. He has a history of drinking to excess for 20 years and has not fully acknowledged his alcohol abuse despite treatment. He has not mitigated the security concerns under the personal conduct guideline because he intentionally omitted information on his September 2006 security clearance application and during his 2007 interview with an official investigator. Clearance is denied.


Financial; Personal Conduct

01/22/2010

Applicant is a 58-year-old employee of a defense contractor. He mitigated the security concerns raised by his history of delinquent debts. He failed to mitigate the concerns raised by his intentional falsification of his Questionnaire for National Security Positions in March 2007. Clearance is denied.


Sexual Behavior; Personal Conduct; Criminal Conduct

01/22/2010

Applicant was convicted of Statutory Rape in 1983, and admitted engaging in an extensive pattern of deviant sexual activities over a period of several decades. He failed to prove his claims that his misconduct was sufficiently known to family, friends, and coworkers to alleviate his susceptibility to coercion or duress. Eligibility for access to classified information is denied.


Guideline F

01/21/2010

Although Applicant's financial problems were affected by unemployment and a marital breakup, she demonstrated no track record of financial responsibility. A Judge is presumed to have considered all the record evidence. Adverse decision affirmed.


Guideline B

01/21/2010

The government is not required to prove that a country specifically targets U.S. citizens in order raise Guideline B security concerns. The Judge's favorable decision is not sustainable in light of the Judge's findings and/or record evidence including findings or evidence that: Applicant's wife is not a U.S. citizen, Applicant in-laws have had employment with the Taiwanese military and still live in Taiwan, Applicant used a Chinese name when conducting business in China and Taiwan. Favorable decision reversed.


Guideline F

01/21/2010

The unchallenged findings support the Judge' the Judge's favorable whole person analysis. The Board need not agree withe Judge's decision to find it sustainable. Favorable decision affirmed.


Guideline B

01/21/2010

Applicant failed to mitigate security concerns arising from his relatives in Iran. He also failed to demonstrate that the Judge was biased against him due to his Middle Eastern heritage. Prior decisions to grant a clearance do not undermine a subsequent denial. Adverse decision affirmed


Drugs

01/20/2010

Applicant used illegal drugs starting in 2002. Her last use of marijuana occurred ten months ago. 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

01/20/2010

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


Personal Conduct

01/20/2010

On July 2, 2003, Applicant left his unit in state G without authority. On August 2, 2003, he turned himself in at an Army base in state V. The military police ordered him to return to his unit in state G. He did not obey this order. He was charged with being absent without leave (AWOL) beginning on August 5, 2003. His AWOL was terminated by apprehension on May 18, 2005. His command discharged him from the service in lieu of trial by court-martial on June 8, 2005. Personal conduct concerns are not mitigated. Clearance is denied.


Financial; Personal Conduct

01/20/2010

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


Financial

01/20/2010

Applicant mitigated the government's Guideline F, Financial Considerations security concern. Clearance is granted.


Criminal Conduct, Alcohol Consumption, Financial, Personal

01/20/2010

Applicant has a 30-year history of criminal conduct from 1976 until 2006, including driving while intoxicated, driving with a suspended license, assault, trespassing, and possession with intent to distribute. He has a series of alcohol-related incidents from 1980 until 2006. He still consumes alcohol, mostly at home. He has not mitigated security concerns for his criminal conduct and alcohol consumption. He mitigated security concerns for financial considerations and personal conduct. Clearance is denied.


Financial; Alcohol; Personal Conduct; Criminal Conduct

01/20/2010

Personal conduct is found for Applicant because he did not intentionally omit his delinquent accounts on his security clearance questionnaire. Criminal conduct concerns are mitigated because it has been over three years since Applicant's last arrest. Alcohol consumption concerns were raised because Applicant had five alcohol-related incidents between July 2000 and October 2006. The concerns are not mitigated because Applicant continues to occasionally drink alcohol to intoxication. While Applicant rehabilitated two delinquent student loan accounts and paid four debts, eight debts remain unresolved. Applicant provided no plan as to how he intends to resolve his remaining delinquent accounts. Security concerns remain under alcohol consumption and financial considerations. Clearance is denied.


Financial

01/20/2010

Applicant is a 26-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the trustworthiness concerns raised by her history of delinquent debts. Eligibility for access to sensitive information is denied.


Guideline F; Guideline E

01/15/2010

There is a rebuttable presumption that the Judge has considered all the record evidence. Applicant arguments on appeal fail to overcome that presumption. Adverse decision affirmed.


Financial

01/15/2010

Applicant began accumulating a significant amount of delinquent debt from September 2001 through August 2003, after 15 months of unemployment and a foreclosure. Her attempt to manage the debt through a Chapter 13 Bankruptcy in 2003 failed. She was subsequently unemployed for another 15 months from August 2003 to September 2008. She did not provide sufficient evidence that she has taken substantial steps to resolve her old delinquent debts. She failed to mitigate the security concerns raised under the guideline for financial considerations. Clearance is denied.


Financial

01/15/2010

Applicant is a 37-year-old software engineer. The record shows Applicant has a history of financial problems or difficulties as evidenced by more than two dozen delinquent accounts for about $24,789 in total. Although her current financial situation is better than the past, the record contains insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from her problematic credit history. Clearance is denied.


Financial

01/15/2010

Applicant was employed for many years with a manufacturer at a good salary. The plant closed and she lost her job. She aggressively sought employment including moving to a new location. She was unemployed for only four months before finding work with a defense contractor. Her salary now is only a third of her previous salary. Her income is only sufficient to meet her present obligations, and not sufficient to repay past obligations. She mitigated financial consideration security concern in spite of not making any payments on her past obligations because she aggressively sought employment, and is living within her means. Clearance is granted for a public trust position.


Financial

01/15/2010

Applicant accrued significant delinquent debt after he divorced in 2004, was laid off for nine months in 2005, and was laid off for 10 months in 2007. Since he obtained employment in 2008, he has reduced expenses and doubled his monthly cashflow. Available information supports a conclusion that Applicant is likely to continue resolving his debts. Clearance is granted.


Financial

01/15/2010

Applicant had his house foreclosed upon. He does not have any personal liability for any mortgage connected to the house. Financial security concerns were mitigated. Eligibility for security clearance is granted.


Financial

01/15/2010

Applicant provided family funds to her husband who was a drug abuser rather than pay her financial obligations. Her daughter had medical issues incurring medical debts and co-payments. Applicant did not have funds to pay these debts so she ignored the notices from creditors. Applicant has not paid her past due financial obligations. Her pay was not sufficient to provide for payment of current expenses until recently when she completed car payments freeing funds for payment of past debts. She has not started paying the debts as yet. Applicant has not mitigated security concerns for financial considerations. Clearance for a position of public trust is denied.


Drugs; Criminal Conduct; Personal Conduct

01/15/2010

Applicant is 62 years old and has a 37-year history of drug abuse. His most recent use of heroin was in 2002 and marijuana in 2007. He has numerous felony and misdemeanor convictions. He intentionally failed to divulge his 2002 and 2007 drug uses on his security clearance application. He lied to a government investigator when he stated his last drug use was in 1997. Applicant has failed to mitigate the security concerns under Guideline H, Drug Involvement, Guideline J, Criminal Conduct, and Guideline E, Personal Conduct. Clearance is denied.


Guideline H; Guideline E

01/15/2010

The Judge's characterization of Applicant's "admissions" of marijuana use after preparing a security clearance application, even if erroneous is harmless. Adverse decision affirmed.


Criminal Conduct; Sexual Behavior

01/15/2010

Applicant failed to mitigate security concerns regarding his sexual behavior and criminal conduct. In January 1994, Applicant was convicted of two felony-level counts in U.S. District Court of sexual offenses against children. His crimes cannot be mitigated because he was not forthright and candid at his hearing concerning his sexual offenses. Applicant's eligibility for access to classified information is denied.


Criminal Conduct

01/15/2010

In September 1999, Applicant, then a juvenile, was convicted of involvement in a car theft. In November 2004, he was convicted of a nuisance violation because of a noisy party in his apartment. In January 2007, he was convicted of battery arising from a dispute in a restaurant. In January 2008, he was convicted of obstructing the police after a disturbance in a bar. Clearance is denied.


Guideline F

01/15/2010

Both parties have demonstrated the Judge made errors which were ultimately harmless. Adverse decision affirmed.


Guideline F; Guideline G

01/15/2010

The Judge's weighing of the evidence was not arbitrary, capricious, nor contrary to law. The Judge did not exceed her authority to draw reasonable inferences from the record. Adverse decision affirmed.


Financial

01/15/2010

Applicant owes about $29,228 in delinquent debt from the 2003/04 time frame. While the debts were incurred in part because of a divorce, financial concerns persist because of his failure to timely address his past due obligations. Clearance is denied.


Alcohol; Criminal Conduct

01/14/2010

Applicant's history of alcohol abuse and his four arrests for Driving While Under the Influence between 1996 and 2005 raises concerns under Alcohol Consumption and Criminal Conduct. While Applicant claims that he attends Alcoholics Anonymous meetings, it is too soon to conclude that the concerns raised under Alcohol Consumption and Criminal Conduct are mitigated based on his most recent arrest for Driving While Under the Influence in September 2009, after the SOR was issued but prior to his hearing. Clearance is denied.


Financial

01/14/2010

Applicant is a 46-year-old field service representative. The record shows Applicant has a history of financial problems or difficulties as evidenced by delinquent accounts, a broken apartment lease, and a mortgage loan that went into foreclosure. Although his current financial situation is much improved, the record contains insufficient evidence to explain, extenuate, or mitigate the security concerns stemming from his history of financial difficulties. Clearance is denied.


Financial

01/14/2010

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


Financial

01/14/2010

Applicant is responsible for numerous financial delinquencies, which he has not paid. 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.


Guideline G; Guideline E

01/14/2010

Applicant presented a plausible favorable interpretation of the record evidence. However, it was not sufficient to demonstrate that the Judge's analysis was erroneous. The Board need not agree with a Judge's decision to find it sustainable. Adverse decision affirmed.


Financial, Criminal Conduct

01/14/2010

Applicant's statement of reasons listed 21 delinquent debts totaling $19,859, and two criminal offenses. The two criminal offenses were mitigated. He failed to make sufficient effort to resolve his delinquent debts. Eligibility for access to classified information is denied.


Foreign Influence

01/14/2010

Applicant is 40 years old and is a naturalized U.S. citizen. His family and friends live in Sudan and the United Arab Emirates. He visits them and provides them financial support. Applicant failed to mitigate the security concerns raised under Guideline B, Foreign Influence. Clearance is denied.


Guideline M; Guideline E

01/14/2010

Applicant failed to mitigate security concerns resulting from his having downloaded pornography onto a company computer. He submitted new evidence in his appeal, which the Board cannot consider. Adverse decision affirmed.


Financial

01/13/2010

Applicant did not provide sufficient evidence to mitigate concerns about her financial situation. Clearance is denied.


Foreign Preference, Personal Conduct

01/13/2010

Applicant was born and raised in the Panama Canal Zone. She became a United States citizen at the age of nine, through her father. Her parents are United States citizens, residing in Panama. Her husband, daughter, sister, and brother are United States citizens, living in the United States. Applicant continued to renew her Panamanian passport after becoming a United States citizen. She also holds a United States passport, which she uses to travel, except when entering and exiting Panama. She then uses her Panamanian passport. Applicant recently surrendered her Panamanian passport to her facility security officer. She has mitigated the security concerns under Guideline C. She did not intentionally falsify her answers on her security clearance application or her answers to interrogatories. Thus, there is no security concern under Guideline E. Eligibility for a security clearance is granted.


Financial

01/13/2010

Applicant incurred debts while in a relationship with a man who is the father of her child. She ended this relationship a year ago and her finances have stabilized. She, however, lacks sufficient monthly income to pay her current expenses and her past debts. Her old debts remain unpaid. She has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial

01/13/2010

Applicant's financial difficulties started when her 15-year-old daughter became pregnant in 2000 and her husband's income declined significantly in 2001. She and her husband resolved his debt issues to the detriment of her finances. In the last 18 months, Applicant and her husband have worked diligently to resolve her financial issues. They have partially succeeded, but need more time to resolve more of her debts. She has not mitigated the government's security concerns under Guideline F. Clearance is denied.


Financial

01/12/2010

Applicant and her husband incurred delinquent debt during their marriage. Applicant worked during the marriage and earned a degree to better her financial potential. Applicant's husband did not pay his part of the debts. He was unfaithful to her and left her in January 2009. He has not paid court-ordered payments on their mortgage arrears or child support. Applicant paid her medical and other debts, restructured her mortgage, but has not paid the delinquent debt attributed to her husband. Applicant mitigated security concerns for financial considerations. Clearance is granted.


Financial

01/12/2010

Applicant is 26 years old and works for a federal contractor. To help his brother he agreed to refinance his brother's mortgage. He refinanced the mortgage in his name alone. Later he and his brother could not pay the mortgage and the house was foreclosed. Applicant has other financial priorities and does not have a plan for resolving the remaining $136,000 delinquent debt. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial

01/12/2010

Applicant is 41 years old and has 24 delinquent debts, including one judgment for $120,000, that are unpaid. She had debts discharged in bankruptcy in 1998, and has filed bankruptcy again. The bankruptcy is not complete and the debts remain unresolved. Applicant has failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied.


Financial; Personal Conduct

01/12/2010

Applicant failed to mitigate the trustworthiness concerns arising from his falsification of his public trust position application and his failure to timely file federal income tax forms and to pay his taxes. Applicant's eligibility to occupy an ADP I/II/III position is denied.


Financial

01/12/2010

Applicant successfully challenged the validity of four debts in the SOR and resolved the remaining two debts some time ago. He has sufficient income to pay his monthly expenses. He is financially secure and there are no security concerns about his finances. He has mitigated the government's security concerns under Guideline F. Clearance is granted.


Financial; Personal Conduct

01/12/2010

Applicant is a 37-year-old employee of a defense contractor. He mitigated Personal Conduct concerns, but he did not provide sufficient evidence to mitigate the Financial Considerations security concerns raised by his history of delinquent debts. Clearance is denied.


Financial

01/12/2010

Applicant failed to provide sufficient evidence to corroborate his claims that a $63,000 delinquent credit card debt is the responsibility of his former employer. He did not meet his burden to mitigate the security concerns raised under financial considerations. Clearance is denied.


Financial

01/12/2010

Applicant accrued about $50,000 in delinquent debt after he was laid off in 2007 for a year. After he obtained employment in 2008, he began repaying his debts but was hampered by additional unforeseen events, which added to his monthly expenses through medical treatment for an autistic child and his wife's miscarriage. He has fully repaid a $5,000 debt for unpaid rent. His current finances reflect a positive monthly cashflow, which allows ongoing resolution of his past debts, and he has been current on present obligations since early 2008. Clearance is granted.


Financial

01/12/2010

Applicant incurred around $20,000 in delinquent debt over the past six years due to periods of unemployment. She discharged these debts through recent Chapter 7 bankruptcy proceedings, and has sufficient income to remain solvent in the future. Financial security concerns were mitigated. Eligibility for access to ADP I/II/III sensitive information is granted.


Alcohol; Drugs

01/12/2010

Applicant frequently consumed alcohol to excess during the three years he served in the Air Force. He also used marijuana on a single occasion while he was in the Air Force, which resulted in disciplinary action being taken against him and his receipt of a General Discharge. He has not used marijuana since 2003, and he now consumes alcohol responsibly and in moderation. Applicant has mitigated the security concern that was created by his alcohol consumption and use of marijuana. Clearance is granted.


Alcohol

01/12/2010

Applicant has a lengthy history of episodic alcohol abuse that has resulted in five alcohol-related arrests spanning a 21-year period from 1985 to 2006. He most recently was ordered to complete Level II as part of his sentence, and continues to drink. He failed to successfully rebut security concerns raised under this concern given his lengthy history of alcohol-related incidents. Clearance is denied.


Financial

01/12/2010

Over the past twenty years, Applicant has filed for Chapter 7 bankruptcy protection twice, and is currently behind on his federal and state income taxes. Although he recently established a payment plan, it is too soon to conclude that he has mitigated the Financial Considerations security concern. Clearance is denied.


Financial; Personal Conduct

01/12/2010

Applicant began accumulating delinquent debt more than eight years ago, most of which remains unresolved. When she completed his security clearance application, she did not disclose her delinquent debts. She failed to provide sufficient evidence that she has taken substantial steps to resolve her debts, but did provide a credible explanation for omitting the information from her application. She mitigated the security concerns raised under the guideline for personal conduct, but did not mitigate those concerns raised under the guideline for financial considerations. Clearance is denied.


Financial

01/11/2010

Applicant incurred around $11,000 in delinquent debt over the past ten years due to a period of unwise spending after a divorce. Her current financial situation is stable and she has paid, or will pay, her past due debts. Financial security concerns were mitigated. Eligibility for security clearance is granted.


Drugs; Personal Conduct

01/08/2010

Applicant frequently used marijuana from approximately 1995 until June 2007. On November 2, 2007, he completed a security clearance application and falsely denied that he used marijuana in the last seven years. An Office of Personnel Management (OPM) investigator interviewed Applicant on June 9, 2008, and Applicant falsely denied using marijuana after June 2001. On June 16, 2008, he admitted his extensive marijuana use to the OPM investigator. Applicant mitigated security concerns arising from drug involvement because his drug abuse was not recent. However, personal conduct concerns are not mitigated. Clearance is denied.


Financial; Personal Conduct

01/08/2010

Applicant mitigated any concerns about his finances. He did not intentionally falsify his Public Trust Position Application. Eligibility for access to sensitive information is granted.


Financial

01/08/2010

Applicant's statement of reasons (SOR) listed 16 delinquent debts, totaling $103,387. His $8,776 federal tax debt is in an established payment plan. Department Counsel withdrew three SOR debts totaling $15,647. Over the last four years, he paid ten SOR debts and numerous other debts. However, two debts totaling $67,247 are not adequately addressed or resolved. Financial considerations concerns are not mitigated, and eligibility for access to classified information is denied.


Foreign Preference; Foreign Influence; Personal conduct

01/08/2010

Applicant is a meritorious software architect and systems engineer for a U.S. company with U.S. and Indian affiliations who exercised dual citizenship with India by possessing an Indian passport and expressing an intention to obtain an overseas citizenship India card. Foreign influence concerns are raised over his having family members and property interests in India, his working for a U.S. company with Indian affiliations, and his traveling to India. Applicant mitigated foreign preference concerns by surrendering his Indian passport and disavowing any intention to seek an overseas India card. He mitigated foreign influence concerns by demonstrating the absence of any heightened risks associated with his having immediate family members, relatively low- valued property in India, and employment with a company affiliated with a U.S. and India- based firm. Security concerns raised over Applicant's misrepresenting the status of his graduate degree status on his SF-85P are unsubstantiated. Eligibility for a trustworthy position is approved.


Criminal Conduct; Personal Conduct

01/08/2010

Applicant filed charges of rape against a coworker and family friend. Following a lengthy police investigation pleaded guilty to false reporting (a Class 3 misdemeanor) without expressly recanting her earlier rape. Applicant's meritorious record of service with her current employer is not enough to overcome the implications of filing a false report of rape charges and not advising her husband of an extra-marital affaire with the same coworker and friend. Available documentation is insufficient to mitigate security concerns associated with her filing false charges and pleading guilty to the same without ever expressly recanting her charges. Clearance is denied.


Guideline F

01/08/2010

No authority for a conditional or contingent clearance. Favorable decision affirmed.


Personal Conduct

01/08/2010

Applicant falsified information he provided to the government on security clearance applications and written statements. He used marijuana intermittently from his teenage years until 2004, when he stopped at age 39. He used marijuana while holding a security clearance. However, when he completed security clearance applications in 2001 and 2007, and when he was interviewed by two different government agencies, he stated that he used illegal drugs only until 1995. His falsifications are unmitigated. Clearance is denied.


Foreign Influence; Foreign Preference

01/07/2010

Applicant was born in the United States and immigrated to Israel when she was six years old. Applicant returned to the United States in 1987 when she was 23 years old; however, she obtained an Israeli passport and has used it several times to visit Israel. She continues to retain an Israeli passport even though she knows it raises security concerns. Foreign influence concerns are mitigated; however, foreign preference concerns are not fully mitigated at this time. Access to classified information is denied. CASE NO: 09-07911.h1


Financial

01/07/2010

Applicant is a 56-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties, which are ongoing. Applicant has nine delinquent debts totaling about $66,000, for which he has made little progress on resolving. Applicant did not present sufficient evidence to mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-07401.h1


Guideline F

01/07/2010

The Judge's favorable application of Mitigating Conditions 20 (b) and 20(d) were not supported by the record evidence given the number of Applicant's delinquent debts, the cumulative size of her indebtedness, and her failure to use available funds to pay down her delinquent debts. The Judge's application of Mitigating Condition 20(e) is not sustainable because there is no documentation to support its application to the pertinent medical debts, and Applicant was unable to explain reasonably why she had not taken the normal course of claims submissions for those debts. 20(e) does not apply to the one cited non-medical debt because the document submitted was not sufficient to demonstrate that the debt was not legitimately her responsibility. Favorable decision reversed.


Guideline F; Guideline E

01/07/2010

The Judge's finding that Applicant deliberately omitted information from his application was supported by substantial record evidence. Adverse decision affirmed.


Guideline F

01/07/2010

Applicant had numerous delinquent debts. He presented evidence of health problems and deaths within his family. However, the Judge reasonably explained why that evidence was not sufficient to mitigate the security concerns in Applicant's case. Adverse decision affirmed.


Guideline F

01/07/2010

Applicant failed to demonstrate a track record of responsible actions in regard to his delinquent debts. There is a rebuttable presumption that the Judge has considered all the evidence. Adverse decision affirmed.


Guideline F; Guideline J; Guideline G; Guideline E

01/07/2010

Applicants assertions regarding his omissions on two security clearance applications do demonstrate error by the Judge. Adverse decision affirmed.


Financial

01/05/2010

Applicant is a 35-year-old single mother. She has 22 delinquent debts, totaling approximately $21,401. She made promises to pay some of the debts and stated she had agreements with some of the creditors, but she failed to make the payments. She denied other debts, but failed to dispute them or contact some of the collectors to resolve them. Applicant has experienced periods of unemployment and underemployment. However, she has not acted responsibly in addressing her delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-01875.h1


Financial

01/04/2010

Applicant is 50 years old. She has approximately $40,023 in student loans that have been delinquent for about 17 years. She also has three judgments totaling approximately $5,706. None of the debts are paid or resolved. Applicant has not addressed her debts because she does not want to jeopardize a property settlement she is anticipating when her divorce is completed. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-02993.h1


Alcohol; Criminal Conduct; Personal Conduct

01/04/2010

Applicant is a 46-year-old man who is seeking to obtain a security clearance. The evidence shows Applicant has accumulated a number of alcohol-related incidents during 1989 2009 as well as arrests and charges for other criminal conduct. In addition, Applicant gave false answers about his police record when he completed security clearance applications. He did not present sufficient evidence of reform and rehabilitation to mitigate the security concerns. Clearance is denied. CASE NO: 10-00278.h1


Financial

12/22/2010

Applicant purposely did not file or pay his federal and state taxes for tax years 2003 through 2006 so he had funds to assist his son in a criminal matter and the son's family when the son was convicted of a crime. When he was fully employed in 2008, Applicant started repaying his past tax obligations. He has paid the federal taxes in full, is current with his present state taxes, and is paying his past-due other state taxes under a payment plan. Clearance is granted. CASE NO: 10-01760.h1


Alcohol Consumption

12/22/2010

Applicant was arrested for driving while intoxicated in 2007 and 2008 while home on leave from his security specialist position in Iraq. The 2007 case has not been adjudicated but he successfully completed the sentencing and probation for the 2008 offense. He now does not drink and drive and only drinks alcohol sparingly. He has learned the problems of drinking and driving and established changed circumstances in his life to show responsible behavior. Clearance is granted. CASE NO: 09-06633.h1


Financial

12/16/2010

Applicant was the sole owner of a tool franchise distributorship for over 22 years. When his business started to decline, He was unable to pay his state sales taxes, the three credit cards from the business, and his franchise loan. After closing the business, he paid two of the credit card debts and is paying the third by a payment plan. He presented adequate information to show payment of the state taxes according to a payment plan. He has not paid the franchise debt since the amount of the debt has not been resolved with the franchise company pending an inventory of the tools remaining from the business. Clearance is granted. CASE NO: 10-00298.h1


Financial

12/16/2010

Applicant incurred delinquent debt using credit cards to make purchases for her family when she was either a single parent or not receiving support from her husbands. She has shown that she paid four credit card debts and is paying a fifth debt by payment plan. She did not file some of her federal tax returns on time. She has filed the returns using a tax relief organization, and is paying the taxes under a payment plan with the IRS. She also did not pay two year's state taxes but is paying them under a payment plan. Applicant mitigated security concerns based on her finances. Clearance is granted. CASE NO: 09-06675.h1


Financial

12/15/2010

Applicant incurred credit card debt when she used the credit cards to purchase items for her own and her boyfriend's use. She employed a financial assistance law firm to assist her, and paid all but one of the credit card debts. The firm is negotiating a settlement of the remaining debt. Applicant is paying monthly into a fund to use to settle the debt. She has sufficient financial resources available to pay a settlement agreement. Eligibility for access to classified information is granted. CASE NO: 09-07415.h1


Financial

12/10/2010

Applicant has delinquent debt from spending ten unsuccessful years selling insurance after retiring from active duty. He paid some of the smaller delinquent debts but has not established a meaningful track record of debt payment even though he has sufficient funds to make meaningful payment on his delinquent debts. Clearance is denied. CASE NO: 09-02762.h1


Financial

11/23/2010

Credit reports establish Applicant has over $54,000 in delinquent debts. She did not present information sufficient to show that she has paid or resolved these delinquent debts or even has a plan to resolve them. She has not present sufficient information or documentation to mitigate financial consideration security concerns. Clearance is denied. CASE NO: 10-00392.h1


Financial

11/23/2010

Applicant incurred delinquent debt when she used credit cards to pay for ordinary living expenses, medical care for her husband after he was involved in an automobile accident, and to assist him in starting an art business. She became ill and was hospitalized resulting in lost income. The business failed and was closed. These conditions causing delinquent debt were beyond her control. Applicant filed a Chapter 13 bankruptcy and all debts are included in the bankruptcy. She has been paying under the plan and her payments are managed by automatic payroll deduction. She mitigated security concerns about her finances. Access to sensitive public trust information is granted. CASE NO: 09-07655.h1


Financial; Personal Conduct

11/22/2010

Applicant received social security disability payments for a number of years because he could not work after an on-the-job injury. He eventually was rehabilitated and returned to work. Social security notified him that he had a $56,000 debt to them for overpayment of the disability. Applicant contested the debt, hired an attorney, and requested a hearing under social security rules. Social security has not held the hearing or resolved the issue. He is setting aside funds if he does have a debt to social security. At the time he completed his security clearance application, he did not believe he had a delinquent debt because the issue had not been resolved by social security. Applicant mitigated security concerns for financial considerations and personal conduct. Clearance is granted. CASE NO: 10-00843.h1


Foreign Influence

11/22/2010

Applicant is a translator in Afghanistan for a defense contractor. Applicant's entire families, except for one sister, are citizens and residents of Afghanistan. Applicant was born and raised in Afghanistan but left when he was a teenager for fear of recruitment by the Taliban. He came to the United States in 2002 to complete school and live. He became a United States citizen in 2007. He visited his family in Afghanistan for an extensive stay in 2008. He sends his family money to assist with their support. Afghanistan presents a heightened risk to family members of United States citizens because of the terrorist activities in that country. Applicant has not established that his sense of loyalty to the United States outweighs his obligation and sense of loyalty to his family in Afghanistan. Clearance is denied. CASE NO: 09-05626.h1


Financial

10/29/2010

Applicant accumulated over $85,000 worth of delinquent debts. Her self-help computer-based repayment plan did not reduce her debt or show proof of an established payment plan. Applicant did not mitigate the Financial Considerations trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 09-00212.h1


Financial

10/28/2010

Applicant and his wife lost good paying jobs because of circumstances beyond their control. They sold their house at a short sale and paid all of their debts except one, a home equity line of credit. Applicant tried to settle the debt but the creditor will only take a lump sum payment of the debt. Applicant does not have the funds to pay this type of settlement. Appellant acted reasonably and responsibly under the circumstances. Clearance is granted. CASE NO: 09-06777.h1


Financial; Personal Conduct

10/27/2010

Applicant owes over $58,000 on a delinquent home equity loan. Applicant did not produce evidence of payment or a payment plan on the delinquent debt. He did not mitigate the Financial Considerations security concerns. The Government established deliberate falsifications of a security clearance application by the Applicant under Guideline E, Personal Conduct. Applicant failed to mitigate this concern. Eligibility for access to classified information is denied. CASE NO: 09-07292.h1


Financial

10/15/2010

Applicant defaulted on three real estate mortgages and numerous credit card debts. His actions in seeking loan modifications for the mortgage debts were not enough to mitigate the overall security concerns related to his finances. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-08713.h1


Financial

09/30/2010

Applicant financed his entire education for a bachelor's degree and a professional pilot's license using student loans. He has significant student loans of over $240,000. Even though he has been able to pay or is paying his non-student loan delinquent debt, he has limited income and ability to repay the student loans in the reasonable foreseeable future. He has not mitigated security concerns for his financial situation. Clearance is denied CASE NO: 09-06051.h1


Alcohol Consumption; Personal Conduct

09/30/2010

Applicant was a young airman on active duty in the Air Force in 2003 when he received nonjudicial punishment for driving while intoxicated. He was referred to and completed in-patient medical treatment and was diagnosed as alcohol dependent. He started heavy consumption of alcohol again in 2006, completed another period of in-patient alcohol treatment, and again was diagnosed as alcohol dependent. Since then, he completed a technical school, married, had a child, and commenced employment with a defense contractor. He has not had an alcohol-related incident since 2006. He did not deliberately omit his nonjudicial punishment or alcohol-related medical treatments from his security clearance application. Clearance is granted. CASE NO: 09-02318.h1


Criminal Conduct; Personal Conduct;

09/28/2010

Applicant pleaded guilty to felony embezzlement and made false statements to investigators about her actions. She failed to mitigate the security concerns. Clearance denied. CASE NO: 09-04509.h1


Drug Involvement; Personal Conduct; Criminal

09/24/2010

Applicant resumed using marijuana in 2007 after stopping in 1987. He also recently used unauthorized prescription medication while holding a security clearance. He also failed to list both the marijuana use and the prescription drug use on his security clearance application. He failed to mitigate the security concerns. Clearance denied. CASE NO: 10-00968.h1


Financial

09/20/2010

Credit reports show that Applicant has over 40 delinquent debts including judgments and tax liens. Applicant has not established that the debts were incurred by circumstances beyond his control or under unusual circumstances. Applicant stated he had a plan to pay his delinquent debts but he has not presented any information to show that he paid, is paying, or will pay his delinquent debts. He has not presented adequate information to mitigate financial considerations security concerns. Access to classified information is denied. CASE NO: 09-06943.h1


Alcohol

09/17/2010

Applicant has four driving while intoxicated convictions from 1999 until 2006 when he was between the ages of 19 and 25. He completed his sentencing requirements for each conviction. Since then, he completed college, married, been successfully employed, and moderated his alcohol consumption. Applicant presented adequate information to show a sufficient period of time has elapsed since his last alcohol-related incident, and changed life circumstances to show he has reformed and been rehabilitated. Eligibility for access to classified information is granted. CASE NO: 09-03188.h1


Financial

08/19/2010

Applicant works for a defense contractor. He has 12 delinquent debts totaling $114,000. Applicant resolved all his debts except two large debts and he is accumulating money to pay those debts after he has resolved several more debts. Applicant mitigated the financial security concern. Clearance is granted. CASE NO: 09-03057.h1


Financial

08/10/2010

Credit reports show that Applicant has delinquent debts. Applicant has not presented any information to show that he has paid, is paying, or will pay his delinquent debts. He has not presented information to mitigate financial considerations security concerns. Access to classified information is denied. CASE NO: 09-04090.h1


Alcohol; Criminal Conduct

08/10/2010

Applicant is 42 years old. He served in the military for 20 years and received an honorable discharge. He had numerous alcohol-related incidents that resulted in arrests. He had a tumultuous relationship with his girlfriend with whom he has a daughter. He attended an inpatient alcohol rehabilitation program and was diagnosed by a medical doctor as alcohol dependent. He was advised to abstain from alcohol consumption. He did not. He was given a military protection order and violated it three times. He was court-martialed for his actions. Applicant has not been involved in any criminal activity since 2007. He is no longer with his girlfriend and stated he has not consumed alcohol since November 2009. It is too early to conclude Applicant's alcohol problems are under control. Applicant mitigated the security concerns under the Criminal Conduct Guideline, but failed to mitigate them under the Alcohol Consumption Guideline. Clearance is denied. CASE NO: 09-02566.h1


Financial; Personal Conduct

07/13/2010

Applicant paid one debt, but presented no evidence to show resolution of approximately $40,000 worth of other debt. She has not taken steps to resolve all of her delinquent accounts and she presented no evidence of any payment plans. Additionally, her four arrests, including one in 2008, reflect her poor judgment. She also falsified two security clearance applications and an enlistment document. Financial considerations and personal conduct concerns are not mitigated. Clearance is denied. CASE NO: 08-09116.h1


Financial

06/30/2010

Applicant incurred financial problems when he left active duty with the Air Force during downsizing. He paid six of the eight delinquent debts, and established that one debt is a duplicate of another alleged debt, and another debt is being paid under a current payment plan. In addition, he established that a 2003 conviction for theft by dishonored check was illegal. His present finances and debts are current. He lives within his means. He mitigated security concerns about his finances. Clearance is granted. CASE NO: 09-04022.h1


Financial

06/11/2010

Applicant incurred delinquent debt when she lost employment and had periods of unemployment and underemployment. Applicant's husband also had periods of underemployment caused by the economic downturn. Applicant has paid some small debts, even some not included in the SOR. She is making small payments on all of her delinquent debts. She is using funds freed by payment of her smaller debts to increase payments on her larger debts. She has a reasonable plan to meet her financial obligations. Clearance is granted. CASE NO: 09-04512.h1


Financial

06/11/2010

Applicant incurred delinquent debt after two divorces and periods of unemployment. She has been employed for over a year. Applicant paid only two small debts and has no concrete plans to pay her remaining delinquent financial obligations. She has not presented sufficient information to mitigate security concerns based on her finances. Clearance is denied. CASE NO: 09-04021.h1


Personal Conduct

06/04/2010

Applicant's questionable behavior is mitigated by the passage of time, his character reputation, remorse, and his many years of good work for defense contractors. Eligibility for access to classified information is granted. CASE NO: 08-05205.h1


Financial

06/03/2010

Applicant incurred delinquent debt when he lived beyond his means and spent funds to please a girlfriend. He also had period of underemployment and unemployment that prevented him from resolving his delinquent debts. He later married and his wife established a financial plan for them. He paid seven of his debts, successfully disputed 12 other debts, resolved a fraudulent check charge, and is paying on two debt, and has plans to pay the remaining two debts under settlement agreements. Applicant has mitigated security concerns for his finances. Clearance is granted. CASE NO: 09-01707.h1


Foreign Preference; Foreign Influence

05/28/2010

Applicant came to the United States at age 40 in 2000. He became a United States citizen in October 2007, and received a United States passport. The passport expired in April 2009, but Applicant stated he would renew the passport. Applicant voted in the Russian National elections in March 2008. Applicant has frequent close contact with his father-in-law, a citizen and resident of Russia. Eligibility for access to classified information is denied. CASE NO: 09-05357.h1


Financial

05/27/2010

Applicant incurred delinquent debts when he lost employment and could only find temporary positions. When he finally had steady employment, he contacted his creditors. He had his mortgage payments modified so he could afford them, paid three SOR debts as well as other debts, but could not find the creditor to pay four other debts. He is willing and able to pay the debts if he learns the identity of the correct creditors. Applicant mitigated security concerns about his finances. Clearance is granted. CASE NO: 09-05792.h1


Foreign Influence

05/26/2010

Applicant was born in the West Bank area of Palestine and his immediate family still lives there. He has a brother who lives in Jordan. His wife is from Columbia, and her mother and siblings still live there. Applicant has close ties to his family living in the West Bank. He has no ties to his wife's family. He failed to mitigate security concerns based on his family's location in the West Bank. He has mitigated security concerns for his brother in Jordan and his wife's family in Columbia. Eligibility for access to classified information is denied. CASE NO: 09-03047.h1


Financial; Personal Conduct

05/12/2010

Applicant incurred delinquent debt when both he and his wife lost employment through reorganization requiring them to use credit cards and loans to pay their bills. Applicant moved from the west coast to the east coast for a job at a substantially reduced salary. He incurred unreimbursed moving expenses. Applicant paid five of his delinquent debts, and successfully disputed another. He is refinancing his house to use the equity to pay the remaining four debts. He did not deliberately provide false or misleading information on his security clearance application. Access to classified information is granted. CASE NO: 09-05497.h1


Financial

05/07/2010

Applicant incurred delinquent debt from a real estate investment business buying, renovating, and selling houses. When the housing market had a downturn in 2007, Applicant and his business partner incurred delinquent mortgages and credit card debt. His personal bills and accounts are current and not delinquent. He has paid or is paying some of the delinquent business debts. He and his partner are accumulating funds to pay the remaining debts. Clearance is granted. CASE NO: 09-02313.h1


Financial

04/27/2010

Thirty-two-year-old Applicant sustained a reduced salary and eventual lay off, followed by a period of unemployment. Although he obtained another job in February 2009, he failed to establish any type of repayment plan, much less a reasonable one, with any of his creditors, even the smallest ones when he could have done so. He has done nothing to address the satisfaction of his delinquent debts. His only meaningful act to date to address his debts, after promising for two years to pay them, was to file for Chapter 7 bankruptcy. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied.


Financial

04/27/2010

Applicant has delinquent debt from his time as a young service member with a family, when his former wife who opened accounts without his knowledge, and who did not pay debts their divorce required her to pay. Applicant has paid six of the debts, disputed another six, and has contacted creditors to establish payment plans for the remaining two debts. Eligibility for access to classified information is granted. CASE NO: 09-00728.h1


Financial

04/27/2010

Applicant purchased a lot and built a house. She paid the first year taxes and set aside funds to pay the next year taxes. The mortgage company instead paid the second year taxes without her knowledge. Her mortgage payments were doubled to cover the taxes for that year and the next year. Applicant paid her mortgage as requested by the mortgage company, but used credit cards and a loan to meet living expenses. She fell behind on paying the loan and credit cards. Her mortgage payments are current. She paid in full one credit card and is paying the remaining credit card and her loan each month by automatic deduction from her bank account. Eligibility for access to classified information is granted. CASE NO: 09-00292.h1


Sexual Behavior; Criminal Conduct

04/27/2010

Applicant was arrested and convicted in 2004 and 2007 for sexual behavior of a criminal nature. He paid fines and completed counseling and community service. He is on probation for the last offense until November 2012. Eligibility for access to classified information is denied. CASE NO: 08-09941.h1


Financial

04/26/2010

Applicant's debts were discharged by bankruptcy in 1997. The IRS placed a large tax lien against him affecting his ability to pay his debts. The tax lien was abated in 2009. Applicant is earning income and filing tax returns. He has two debts, student loans and child support arrears. He is paying his student loans as agreed. He is unable to pay child support arrears because of his employment situation but will pay them when he is again employed. Eligibility for access to classified information is granted CASE NO: 09-05507.h1


Financial

04/26/2010

Applicant owes an unpaid judgment against him from an automobile accident. His delinquent debts were also incurred by his move to a new location after leaving active duty, the actions of his former wife who incurred debt without his knowledge, and his inability to find good-paying employment when he moved. Applicant has taken steps to resolve his delinquent debts. He repaid eight of the debts and disputed another six. He is unable to locate three creditors to gain information on these debts to pay the creditors. He is living within his means and not incurring any additional delinquent debts. He intends to pay his remaining debts after gaining a steady income. Eligibility for access to classified information is granted. CASE NO: 09-00420.h1


Drugs

03/31/2010

Applicant admitted using marijuana in high school, college, and after college from March 2002 until January 2009. He admitted to using cocaine in March 2006 and mushrooms in May 2004. While he stated he does not intend to use illegal drugs in the future, his intention is not sufficient to overcome his history of drug abuse. Clearance is denied. CASE NO: 09-04240 .h1


Financial; Personal Conduct

11/24/2010

In October 2001, Applicant starting working for a defense contractor while continuing to work for another defense contractor. He did not obtain written approval for his dual employment, as required by his first employer's conflict-of-interest rules. He accumulated seven delinquent debts totaling about $34,400, but did not take any meaningful action to resolve them until he realized his security clearance was in jeopardy. Shortly before the hearing, he began making payments on one debt, settled one debt, and began negotiating a payment plan on a third. Security concerns based on financial considerations and personal conduct are not mitigated. Clearance is denied. CASE NO: 08-07753.h1


Financial

05/21/2010

Applicant is 41 years old. He has more than $45,500 in delinquent debts that he has not paid or resolved. Some of his delinquent dates have been owed since 2000. He began working with a debt consolidation company to repay some of his delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-00173.h1


Financial

05/13/2010

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. On remand, Applicant provided additional evidence regarding the status of several debts in the SOR. While he has not paid all of his debts, the remaining unpaid debts are not a security concern. Applicant has mitigated the government's security concerns under Guidelines F and E. Clearance is granted. CASE NO: 08-06058.h2


Financial

05/11/2010

Applicant is 42 years old. He has approximately $48,000 in unpaid delinquent debts and judgments. He has made minimal effort in the past to pay or resolve the debts. Applicant had some issues that were beyond his control and impacted his finances, but he has had years to address his finances and has not done so. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-02405.h1


Financial

12/16/2010

Applicant allowed two loans on a rental property he owns to become delinquent. He sought and followed the advice of a real estate attorney and a bankruptcy attorney in resolving his delinquent debt. Clearance is granted. CASE NO: 09-06869.h1 DATE: 12/16/2010


Financial Considerations

12/15/2010

Applicant filed his federal and state taxes each year. However, after he and his wife separated in 2006, his tax filing status changed, resulting in tax debt. While he increased the amount withheld for taxes in 2007 and 2008, he still incurred additional tax debt. He has again increased the amount of money withheld for taxes. He developed a repayment plan with the Internal Revenue Service and recently increased his monthly payment. He has repayment plans in place for his remaining State tax debts. He has mitigated the Government's security concerns under guideline F. Clearance is granted. CASE NO: 09-06762.h1 DATE: 12/15/2010


Alcohol Consumption

12/14/2010

Applicant began consuming alcohol as a teenager. He drank alcohol to excess for many years. Over a 30-year period of time, the police arrested and charged him with driving under the influence seven times. In early 2008, Applicant decided to stop his alcohol consumption without the assistance of professionals and has successfully stopped consuming alcohol. He did not intentionally falsify his answers on his security clearance application. He has mitigated the government's security concerns under Guidelines G and E. Clearance is granted. CASE NO: 09-02495.h1 DATE: 12/14/2010


Financial

12/09/2010

Applicant incurred financial problems when his wife lost her job 10 years ago. His income has improved in the last five years, but he has not resolved the majority of the debts listed in the SOR. He did not intentionally falsify his answers to his e-QIP. He has not mitigated the Government's security concerns under Guideline F, but he has mitigated the Government's security concerns under Guideline E. Clearance is denied. CASE NO: 09-01341.h1 DATE: 12/09/2010


Financial

12/02/2010

Applicant incurred financial problems in college and after he was laid off from his job. He paid one large debt not listed in the SOR, rehabilitated his student loan debt, and indicated one other debt had been resolved. He has not paid any of the other debts in the SOR. He has not shown that he has control over his finances, and thus, he has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 09-08592.h1 DATE: 12/02/2010


Financial

11/30/2010

Applicant incurred financial problems after he started a small business. He hired a debt consolidation company to help resolve his debt problems, but the company went out of business without paying any of his debts. He has not resolved any of the debts listed in the SOR. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-01272.h1 DATE: 11/30/2010


Criminal

11/24/2010

Applicant was convicted of sexual misconduct in September 2009. He is currently serving a two-year probationary sentence. He failed to mitigate the security concern that arises from his criminal conduct. Clearance is denied. CASE NO: 10-01260.h1 DATE: 11/24/2010


Financial, Personal Conduct

11/18/2010

After he lost his job of 21 years, Applicant was unemployed for nearly a year between March 2007 and May 2008. During this time, he incurred significant debt, which he could not pay. He filed for Chapter 7 bankruptcy in August 2009, and the court discharged his debts in November 2009. Applicant intentionally falsified his answer on his SF-86 regarding overdue debts and provided false information to the security clearance investigator about filing a petition for bankruptcy in 2008. Applicant has not mitigated the government's security concerns regarding his personal conduct under Guideline E, although he mitigated the security concerns regarding his finances under Guideline F. Clearance is denied. CASE NO: 09-03533.h1 DATE: 11/18/2010


Financial

11/15/2010

Applicant's financial problems began when his wife's income declined in 2009. He and his wife immediately hired a debt consolidation company. They paid the initial fee and have made their monthly payments to this company for the last 18 months. Through this company two debts listed in the Statement of Reasons are paid and the remaining three debts are part of the payment plan. He manages his income and expenses. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-08497.h1 DATE: 11/15/2010


Financial

11/08/2010

Applicant acquired about $14,000 in delinquent debt after he lost his job in March 2005. Since losing that job, he has obtained approximately $40,000 in student loans and borrowed about $24,000 from a relative. He has not repaid any of the debt he has acquired, delinquent or not, and there is little prospect that he will be able to satisfy the debt in the future. Clearance is denied. CASE NO: 10-02747.h1 DATE: 11/08/2010


Financial

11/08/2010

Applicant incurred significant debts while in the military. He continued to pay these debts until he and his wife separated in 2007. He paid two SOR debts before his separation, and pays one debt through garnishment. He has not taken any action to repay the remaining SOR debts, which are significant. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 09-06602.h1 DATE: 11/08/2010


Drugs; Personal Conduct

11/08/2010

Applicant failed to mitigate the security concerns that arise from his use of cocaine and his arrest and conviction for driving while under the influence of alcohol when he served in the Navy and possessed a security clearance in 2007. Clearance is denied. CASE NO: 09-05844.h1 DATE: 11/08/2010


Financial

11/08/2010

Applicant resolved or paid the debts listed in the Statement of Reasons. He has mitigated the government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-05004.h1 DATE: 11/08/2010


Financial

11/08/2010

Applicant has disputed his federal income tax liability for years. He recently offered to pay $56,000 to compromise the $86,000 liability that has been determined to be his tax debt to the Government. Applicant has funds available to pay the entire balance owed if the Government refuses to accept his future offers to compromise. In 2002, Applicant sought Chapter 13 bankruptcy protection during the course of a contentious divorce. He paid all listed creditors one hundred percent of what he owed them. Clearance is granted. CASE NO: 08-11633.h1 DATE: 11/08/2010


Criminal Conduct; Handling Protected Information; Drug Involvement;

11/04/2010

Applicant used marijuana and cocaine until about 2000. Since then, he has repeatedly purchased drugs for prostitutes. He retained classified information after his security clearance was withdrawn. He has a significant history of arrests and charges for misdemeanors and felonies which he failed to fully disclose in his 2007 and 2009 security clearance applications. Applicant provided scant evidence to mitigate the security concerns raised under the applicable guidelines. Clearance denied. CASE NO: 09-05399.h1


Alcohol; Drugs; Personal Conduct

10/29/2010

Applicant failed to mitigate the trustworthiness concerns that arise from his abuse of controlled substances he misappropriated from his place of employment while working as a registered nurse and his continuing denial of alcohol addiction that was diagnosed when he underwent substance abuse counseling. Eligibility for access to sensitive information is denied. CASE NO: 09-04905.h1 DATE: 10/29/2010


Financial

10/25/2010

Applicant's financial problems began after his divorce in 2003, which left him with the sole responsibility for the marital debts. He has incurred additional debt since them. He has some debts in a payment plan, but the majority of his debts remain unresolved. Applicant has not mitigated the government's security concerns under Guideline F. Clearance is denied. CASE NO: 09-05008.h1


Financial Considerations

10/20/2010

Applicant has a history of accumulating excessive debt. He filed for Chapter 13 bankruptcy protection in 1992, and his house was foreclosed on in 2008. Applicant failed to mitigate the financial considerations security concerns alleged in this case. Clearance is denied. CASE NO: 09-08105.h1 DATE: 10/20/2010


Financial

10/15/2010

Applicant incurred financial problems with his divorce and job loss in the last 10 years. As his income has stabilized, he has paid some of his past-due debts, resolved others, and pays three through monthly payments. He resolved all but one debt listed in the SOR. Applicant mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-06267.h1 DATE: 10/15/2010


Financial

10/08/2010

Applicant incurred financial problems after he married in 2006. His family size increased from three to seven. He purchased a larger home, but could not sell his smaller home. He paid two mortgages for a while, partly with the rental income from one property. His wife's job reduced her hours, and thus, her income. By late 2008, he could no longer pay all his bills. Both houses eventually sold, but for a significantly lower price than he paid. He does not owe the mortgage companies any additional money. He has a payment plan on his one remaining debt. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-06833.h1 DATE: 10/08/2010


Foreign Preference, Foreign Influence, Personal Conduct

10/06/2010

Applicant has dual citizenship with the United States and Israel. His wife and adult children are U.S. citizens living in the United States. For nearly 40 years, he and distant family members have owned an undeveloped piece of property in Israel. He renewed his long-expired Israeli passport in 2006 and uses it to travel in and out of Israel. He owns two properties worth $56,000,000 in Israel, and he started an education foundation in Israel. He has not renounced his Israeli citizenship nor has he surrendered or destroyed his Israeli passport. He intentionally falsified his e-QIP and intentionally provided false information to the security clearance investigator. He has not mitigated the Government's security concerns about his foreign influence, foreign preference, and personal conduct. Eligibility for a security clearance is denied. CASE NO: 09-00268.h1 DATE: 10/06/2010


Financial

09/30/2010

Applicant's financial problems began after he lost his job in 2007. He could not pay his credit card debt and his mortgage. The mortgagor obtained a foreclosure judgment against him in 2009. Applicant has not mitigated the government's security concerns under Guideline F because he did not provide sufficient evidence to show that he is not responsible for the debts alleged in the SOR. Clearance is denied. CASE NO: 09-06688.h1 DATE: 09/30/2010


Financial

09/27/2010

Applicant incurred financial problems when the economy moved into a recession in 2008. Her husband operated a construction business and work stopped. They owned several rental properties. When their tenants lost their jobs, they stopped paying rent. Applicant stopped paying her mortgages. Applicant incurred the cost of evicting the tenants and additional property repair costs. With no income, she could not pay her debts. She sought employment and assistance with managing her finances. She filed for Chapter 7 bankruptcy. The court discharged her debts in June 2010. Applicant mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-05680.h1 DATE: 09/27/2010


Financial

09/17/2010

Applicant had an unblemished financial record until he became unemployed in March 2009. He sought Chapter 13 bankruptcy protection in December 2009, and he has remained current with all payments required under the Chapter 13 bankruptcy plan that was approved in March 2010. He has mitigated the financial considerations security concern that was alleged in this case. Clearance is granted. CASE NO: 10-00600.h1 DATE: 09/17/2010


Foreign Preference

09/17/2010

Applicant mitigated the trustworthiness concerns that arose from his exercise of dual citizenship with Canada by his possession of a Canadian passport. Eligibility for access to sensitive information is granted. CASE NO: 09-07654.h1 DATE: 09/17/2010


Financial

09/14/2010

Applicant incurred financial problems after her husband's business partner absconded with the business equipment and checking account funds, which resulted in the close of his business. Since July 2007, her husband has worked five months and she did not work full-time until July 2009. The household income is significantly reduced, but sufficient to pay her current living expenses. She is working with an attorney to resolve her financial problems and with her mortgage company to refinance her loan. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-07549.h1 DATE: 09/14/2010


Financial

08/27/2010

Applicant operated a business for 10 years. When the economy declined in 2008, his business also declined. He finally closed the business and sold its assets. The income from the asset sale did not pay all his business debts. He now works and has developed a plan to pay his debts. He has resolved some debts under his plan. He pays his current bills and lives within his financial means. He has mitigated the Government's security concerns under guideline F. Clearance is granted. CASE NO: 09-08320.h1


Financial Considerations

08/19/2010

Applicant purchased a house in 2006 with her then boyfriend. After he ended their relationship and moved out, she continued to pay all the expenses of the house, exhausting her savings. With lost income and an ill father, she could not continue the mortgage payment. She allowed the house to go to foreclosure after the mortgagee did not grant her hardship request. The mortgagee has not responded to her requests to discuss the status of her property and the foreclosure. She pays her other bills and lives within her financial means. She has mitigated the Government's security concerns under guideline F. Clearance is granted. CASE NO: 09-04858.h1 DATE: 08/19/2010


Drug Involvement, Personal Conduct, Criminal Conduct

08/17/2010