Small DOHA Seal

2011 Industrial Security Clearance Decisions

 

These 1,512 decisions pertain to the adjudication of security clearance cases for contractor personnel under DoD Directive 5220.6, which implements Executive Order 10865.

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

Financial

12/30/2011

Applicant is 51 years old and is employed by a defense contractor. Applicant accumulated ten unpaid debts totaling $41,707 as listed in the SOR. He did not resolve these debts. Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 11-01698.h1


Personal Conduct; Criminal Conduct

12/30/2011

Applicant was convicted in a 1986 general court-martial of indecent acts with a child, a felony violation of the Uniform Code of Military Justice (UCMJ). He served 15 months of a 30-month prison sentence, and received a bad conduct discharge. However, significant information about his rehabilitation and good conduct over the last 25 years supports a conclusion that the security concerns about his personal and criminal conduct are mitigated. His request for a security clearance is granted. CASE NO: 10-11190.h1


Financial

12/30/2011

Applicant has been unemployed or underemployed for approximately two and one/half years in the last five years. However, his part-time employer, who hired him in June 2010, hired him full-time in April 2011. While he has promised to repay the two delinquent creditors in April and June 2011, he has not even contacted the creditors to negotiate settlements or resolve the debts by alternative means. Eligibility for access to classified information is denied.


Criminal Conduct; Personal Conduct

12/30/2011

Applicant failed to mitigate Criminal Conduct and Personal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 10-10276.h1


Financial

12/30/2011

Applicant is a 51-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: 10-09748.h1


Personal Conduct; Financial

12/30/2011

Applicant established that her finances were being resolved, and she mitigated the financial consideration security concerns. The Government did not establish that Applicant deliberately falsified her public trust position application. Applicant mitigated the trustworthiness concerns. Eligibility for access to sensitive information is granted. CASE NO: 10-08425.h1


Personal Conduct

12/30/2011

Applicant's falsification of his drug history on his enlistment documents and clearance application in the late 1970s-early 1980s and his falsification of his drug history on clearance applications in 2005 and 2008 render him an unsuitable candidate for access to classified information. Clearance denied.


Alcohol, Personal Conduct

12/30/2011

Applicant committed numerous alcohol-related driving offenses between 1983 and 2005. In 2009 he was arrested after an alcohol-fueled disturbance on an airplane for a 2007 bench warrant issued for his failure to complete court-ordered alcohol treatment. In 1989 he fled to another state to avoid trial on a felony charge. He deliberately omitted his 2009 arrest from his security clearance application. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 10-07310.h1


Financial

12/30/2011

Applicant is a 51-year-old prospective employee of a defense contractor. He was a successful independent contractor in the home construction industry before he lost his business due to the decline in the economy and the housing market. His wife also lost her job. He filed bankruptcy to address his debts. Clearance is granted. CASE NO: 10-07196.h1


Financial

12/30/2011

Applicant accrued more than $15,400 in delinquent debt, with no progress toward resolution during the two years he has been employed in his current job. He voluntarily incurred these debts, and demonstrated no effort to repay them. He offered no evidence of an effective plan to resolve these debts, or of changes to prevent continued financial irresponsibility. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-06740.h1


Financial

12/30/2011

Applicant accrued more than $115,300 in delinquent credit card debt over the past decade, with no progress toward resolution during the two years he has been employed in his current job. He knowingly and voluntarily incurred these debts, and admittedly cannot afford to repay them. He offered no evidence of an effective plan to resolve these debts, or of changes to prevent continued financial irresponsibility. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-04974.h1


Financial

12/30/2011

Because of three extended periods of unemployment, Applicant experienced financial problems beyond his control. He has demonstrated a willingness to fulfill his legal obligations to his creditors and has established a track record of repayment. He has also demonstrated concomitant conduct in support of his plan to file for bankruptcy protection. Clearance is granted. CASE NO. 10-03939.h1


Foreign Influence

12/30/2011

Applicant is 47 years old, married, and has five children. Applicant works for a defense contractor recruiting foreign language speakers for the U.S. government overseas missions. Applicant has a brother in Afghanistan and in-laws in the United States and Pakistan as refugees. Applicant and his immediate family are naturalized U.S. citizens. He demonstrated his strong contacts to and preference for the United States. Applicant mitigated the foreign influence security concern. Clearance is granted. CASE NO: 10-02308.h1


Financial; Foreign Influence

12/30/2011

Applicant is a 48-year-old employee of a defense contractor. He is no longer engaged to a Brazilian citizen. Any foreign influence security concerns raised by that connection no longer exist. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 10-01769.h1


Financial

12/30/2011

Since 2003, Applicant has incurred delinquent debt that he has not addressed. By 2009, the number and amount of debt had increased exponentially. Applicant claimed that his divorce in 2002 and his wife's bankruptcy in 2003 created his financial problems. The lack of record evidence does not support Applicant's claim. Eligibility for access to classified information is denied. CASE NO: 10-01729.h1


Financial

12/30/2011

The Applicant has not mitigated the security significance of her past due indebtedness. She has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-00996.h1


Criminal Conduct; Financial; Personal Conduct

12/29/2011

Applicant's completion of all the conditions of her ten-year-period of probation mitigates the criminal conduct. Her decision not to address her delinquent debt and then try to conceal the debt from the Government, supports findings against her under the financial and personal conduct guidelines. Eligibility for access to classified information is denied.


SEXUAL BEHAVIOR; PERSONAL CONDUCT

12/29/2011

Between 2006 and 2010, Applicant regularly viewed child pornography on his home computer. He does not take responsibility for his actions. Nor has he made any efforts toward rehabilitation or permanent behavioral changes. As such, he remains vulnerable to coercion, exploitation, and duress. Clearance is denied. CASE NO. 11-03500.h1


Financial and Foreign Influence

12/29/2011

Applicant mitigated the Financial Considerations concern. His financial problem was due to the economic downturn that caused his business to fail and his house to lose half its value. He has handled his financial situation in a responsible manner and established that his finances are under control. However, he failed to mitigate the Foreign Influence concern raised by his significant connections to Russia. His wife’s parents and her best friends are resident-citizens of Russia. Clearance is denied. CASE NO: 11-01470.h1


Financial

12/29/2011

Applicant is a 29-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. CASE NO: 11-00049.h1


Financial and Personal Conduct

12/29/2011

Applicant failed to mitigate the Financial Considerations and Personal Conduct concerns. She has over $40,000 in delinquent debt and failed to establish that her financial situation is under control. She falsified her security clearance application (SCA) when she failed to disclose her delinquent debt. Clearance is denied. CASE NO: 10-10973.h1


Alcohol Consumption, Criminal Conduct

12/29/2011

In 2003, Applicant pleaded guilty to Disturbing the Peace with Loud Music. In 2005, Applicant received treatment for acute-alcohol intoxication and was diagnosed as alcohol dependent. He continued to consume alcohol until March 19, 2011. More time is necessary without alcohol consumption to fully mitigate alcohol consumption concerns. Criminal conduct concerns are mitigated. Access to classified information is denied. CASE NO: 10-10871.h1


Financial

12/29/2011

Applicant failed to mitigate the Financial Considerations concern. She has accumulated over $40,000 in delinquent debt and failed to establish that she manages her finances in a responsible manner. Clearance is denied. CASE NO: 10-07509.h1


Financial

12/29/2011

Applicant failed to mitigate security concerns resulting from his 11 unresolved financial delinquencies. Clearance is denied. CASE NO: 10-05580. h1


Financial

12/29/2011

Applicant mitigated the financial considerations security concerns generated by his delinquent debt. Clearance is granted. CASE NO: 10-04277.h1


Financial

12/29/2011

Applicant is a 56-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of a 2001 Chapter 7 bankruptcy case and eight delinquent accounts for a total of about $19,000. Seven of the eight debts remain unresolved, and Applicant does not have a realistic plan in place to resolve them. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 10-01669.h1


Personal Conduct and Sexual Behavior

12/28/2011

Applicant is a 41-year-old employee of a defense contractor. Applicant has not mitigated the security concerns raised by his Personal Conduct and his Sexual Conduct. He falsified his April 2010 e-QIP and viewed sexually explicit materials involving minors. Eligibility for access to classified information is denied. CASE NO:10-08550.h1


Guideline F

12/28/2011

Decision after remand contains problematic language. Board majority affirms on different theories. Adverse decision affirmed.


Guideline G; Guideline J

12/28/2011

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


Personal Conduct; Criminal Conduct

12/27/2011

In 2000 and 2001, Applicant used his employer’s commercial shipping account to ship personal items. After he was laid off, he enlisted in the Army. He continued to use his former employer’s commercial shipping account. In November 2002, he was caught stealing military property, punished, and administratively discharged. Security concerns are mitigated by the passage of time. Clearance is granted. CASE NO: 10-09538.h1


Foreign Influence

12/23/2011

Applicant is a 37-year-old employee of a federal contractor. The evidence shows Applicant has ties or connections to India, the country of his birth. Applicant presented sufficient evidence to explain, extenuate, or mitigate the security concerns. Clearance is granted. CASE NO: 11-01093.h1


Financial; Personal Conduct

12/23/2011

Applicant mitigated the financial considerations security concern but failed to mitigate the personal conduct concern generated by his omission of an arrest from his security clearance application. Clearance is denied. CASE NO: 10-10673.h1


Financial

12/23/2011

Applicant has addressed all of her admitted past due debts. Clearance is granted. CASE NO: 08-08646.h1


Financial

12/22/2011

Applicant accumulated 19 delinquent debts. Two are included in her husband’s Chapter 13 bankruptcy, she has made payments on six debts, and she is no longer past due on her car loan; but she has taken no action to verify, dispute, pay, or otherwise resolve the remaining 12 debts. Clearance is denied. CASE NO: 11-02087.h1


Financial

12/21/2011

Applicant is 65 years old and employed as an Principal Systems Specialist by a defense contractor. His history of excessive indebtedness caused by poor financial management has been resolved by a good faith effort. He has hired a debt consolidation company and has paid off all of his debts except the mortgages. He believes the mortgages were forgiven when his home was foreclosed upon. He is currently in contact with the banks to address the matter. There is sufficient evidence of financial rehabilitation at this time. Clearance is granted. CASE NO: 11-03511.h1


Financial

12/21/2011

Applicant’s wife handled the family finances for 30 years without incident. After she began using marijuana, she stopped paying their bills and neglected to mail their federal and state tax returns. Applicant’s pay is being garnished to pay his federal income taxes, and he has hired a tax resolution firm to resolve his federal tax debt. He has payment plans in effect for his state taxes and a delinquent mortgage. Clearance is granted. CASE NO: 11-02717.h1


Financial; Personal Conduct

12/21/2011

Applicant is a 52-year-old employee of a defense contractor. He had employment problems, his child was diagnosed with cancer, and he had a life-threatening medical condition. He has his finances back in order and has a plan to address his delinquent debts. He did not falsify his questionnaire for national security positions. Financial considerations security concerns are mitigated, and personal conduct security concerns are rebutted. Clearance is granted. CASE NO: 11-01729.h1


Financial

12/21/2011

Applicant is a 47-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 and his failure to file his federal and state income tax returns. Clearance is denied. CASE NO: 11-01270.h1


Financial

12/21/2011

Applicant accumulated several delinquencies, including a mortgage debt for a rental unit. Her father was the tenant, and unexpectedly, was unable to meet the payments. Applicant has had a short sale approved, and has a contract of sale in place. The remaining debts are paid, but for one. She has made numerous payments on her payment plan for that debt. Applicant has demonstrated a good-faith effort to resolve her debts. Clearance is granted. CASE NO: 11-00923.h1


Financial

12/21/2011

Applicant mitigated the security concerns raised by his foreclosed mortgage by demonstrating that his default on the mortgage was due to circumstances beyond his control, he had acted responsibly in dealing with the mortgage lender, and he had the means to resolve any potential deficiency after the foreclosure sale. Clearance granted.


Foreign Preference; Personal Conduct

12/21/2011

Applicant is 44 years old and employed as a Principal Systems Engineer. He was born and raised in Moscow, Russia (formerly the Soviet Union) and is from a Russian Jewish family. Through his statements and actions he has shown that he a very strong attachment toward the country and people of Israel. He has volunteered to help an organization that provides support to the Israeli defense force, and he donates money to charities to help the people and country of Israel. Given his strong preference for Israel, the Applicant may be prone to provide information or make decisions that are harmful to the United States. Clearance is denied. CASE NO: 10-05491.h1


Financial

12/21/2011

Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-0570.h1


Foreign Influence

12/20/2011

Applicant is a naturalized U.S. citizen who was born in Iran. He has extensive family, some of whom are dual U.S.-Iranian citizens, and others who are Iranian citizens and residents. He maintains a relationship and has ties of affection and obligation to his family members who are Iranian citizens and live in Iran. Security concerns under Guidelines B are not mitigated. Clearance is denied. CASE NO: 11-03426.h1


Foreign Preference; Foreign Influence

12/20/2011

Applicant is a dual U.S. and Liberian citizen. He recently renewed his Liberian passport, and is unwilling to destroy it because he wants to be able to demonstrate that citizenship in connection with administering the estate of his mother who is a resident citizen there. He surrendered possession to his security officer, but recovered it when he was laid off. His cousin, who was raised by his mother, is a high-ranking official in the Liberian government. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 11-00579.h1


Personal Conduct; Financial

12/20/2011

Applicant failed to mitigate security concerns about his financial problems. Moreover, he deliberately falsified his May 2009 security clearance application when he failed to disclose his delinquent debts, a traffic ticket, and a misdemeanor charge. Clearance is denied. CASE NO: 11-00257


Guideline D; Guideline E

12/20/2011

The Judge’s conclusion that Applicant’s security significant conduct was both repeated and extensive was supported by the record. The Judge’s decision reflects that she considered the totality of the record evidence. Adverse decision affirmed. CASE NO: 10-10482.a1


Guideline H; Guideline E

12/20/2011

Record evidence of Applicant’s use of marijuana despite knowing his employer’s prohibition against such conduct supported the Judge’s conclusion that Applicant had not mitigated the security concerns in his case. Applicant did not rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 10-10068.a1


Financial

12/20/2011

Applicant was a “geographical bachelor” for eight years and trusted his wife to manage the family finances. He discovered in early 2008 that she had stopped paying their bills. He filed a Chapter 13 bankruptcy petition and negotiated a modification of his home mortgage. He is making full payments on his home mortgage and he makes regular payments to the bankruptcy trustee by payroll deduction. Clearance is granted. CASE NO: 09-08045.h1


Financial

12/19/2011

Applicant accumulated 21 delinquent debts totaling about $22,880. Her living expenses exceed her income, and she has no clear plan to resolve her debts. Clearance is denied. CASE NO: 10-09700.h1


Guideline K; Guideline E; Guideline M

12/19/2011

The government’s witness’s testimony was detailed, internally consistent and consistent with other evidence. The fact that the witness discovered no evidence that Applicant was spying does not undermine the legitimacy of the investigation. Applicant’s arguments rely on application of an exclusionary rule, which derives from criminal proceedings, and is not applicable in DOHA proceedings, which are civil in nature. Adverse decision affirmed.


Financial

12/19/2011

Applicant failed to mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-04413.h1


Financial

12/19/2011

Applicant is 51 years old and has six children. He works for a defense contractor. He incurred 38 delinquent debts totaling $53,570 listed in the SOR. Applicant has not resolved any of these delinquent debts. Applicant did not mitigate the financial concerns. Clearance is denied. CASE NO: 10-03637.h1


Financial

12/16/2011

Applicant has done virtually nothing to resolve his long-standing delinquent debts. Clearance is denied. CASE NO: 10-00802.h1


Sexual Behavior; Personal Conduct

12/15/2011

Applicant used the services of prostitutes from 2003 until 2008 while holding a security clearance. He did not disclose this information until after a series of polygraphs in 2008. His wife did not learn about the conduct until July 2011 when he received the SOR. Applicant has not mitigated the security concerns about his sexual behavior or personal conduct. Eligibility for a security clearance is denied. CASE NO: 11-03433.h1


Financial; Personal Conduct

12/15/2011

Applicant is 31 years old. He was arrested for driving under the influence of alcohol. The charge was reduced to reckless driving. He was not to consume alcohol for one year. He broke that term of his probation and was arrested for trespassing. He participated in an accelerated adjudication program and has completed its terms. Applicant exercised poor judgment. He does not have an alcohol problem and is successfully rehabilitated. Applicant mitigated the security concerns under Guideline J, Criminal Conduct. Clearance is granted. CASE NO: 11-02552.h1


Guideline C; Guideline B

12/15/2011

A clearance adjudication is an opportunity for an applicant to demonstrate that, prior to being awarded a clearance, he actually possesses the judgment, reliability, and trustworthiness essential to a fiduciary relationship with the U.S. Adverse decision affirmed. CASE NO: 10-09986.a1


Guideline E; Guideline M; Guideline G

12/15/2011

A Judge is presumed to have considered all of the evidence in the record. A party’s disagreement with a Judge’s weighing of the evidence is not sufficient to demonstrate that the Judge weighed the evidence in a manner that is arbitrary, capricious, or contrary to law. Adverse decision affirmed. CASE NO: 10-02010.a1


Security Violations, Personal Conduct; Criminal Conduct

12/15/2011

Applicant committed several security violations between March 2003 and February 2007, and on many occasions he failed to report them as required. He intentionally did not disclose his security violations on his security clearance application or during a follow-up interview with a security investigator. Security concerns raised by his security violations are mitigated, but the security concerns raised by his lack of candor on his security clearance application and during the follow-up interview are not mitigated. Clearance is denied. CASE NO: 10-00003.h1


Financial

12/14/2011

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-09936.h1


Financial

12/14/2011

Applicant accrued numerous unpaid debts and did not file his tax returns for tax years 2004 through 2006. His tax returns have been filed and he is current on all subsequent tax filings. Most of Applicant's debts have been either resolved or successfully disputed because they were not his responsibility. He also resolved a tax debt in excess of $27,000 and established that his current finances are sound. Applicant's request for a security clearance is granted. CASE NO: 10-05497.h1


Guideline F

12/13/2011

The Judge’s conclusion that Applicant can afford to pay his child support obligations is not error. Adverse decision affirmed.


Financial

12/13/2011

Applicant mitigated security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is granted. CASE NO: 10-05606.h1


Guideline F

12/13/2011

The adverse impact on applicant of a decision is not relevant consideration in determining clearance eligibility. Adverse decision affirmed.


Foreign Influence; Foreign Preference

12/12/2011

Applicant and his wife are naturalized U.S. citizens who were born in India. His children are native-born U.S. citizens. Applicant’s parents, two siblings, eight in-laws, three aunts, and three friends are citizen-residents of India. Applicant’s contacts with his immediate family and in-laws demonstrate ties of affection and obligation. India is one of the countries most afflicted by terrorism, according to U.S. Department of State. Applicant is ambivalent about his intention to remain in the United States and may return to India to live. These facts, when considered with Applicant's ties to Indian citizens, indicate that a heightened risk of exploitation and potential conflicts of interest exist. Clearance is denied. CASE NO: 11-00561.h1


Financial; Personal Conduct

12/12/2011

Applicant mitigated the concerns raised under Financial Considerations and Personal Conduct. Clearance is granted. CASE NO: 10-08780.h1


Guideline H; Guideline E

12/12/2011

Department Counsel challenged the Judge’s determination that Applicant’s confession to use of marijuana 16 times between 2004 and 2008 was false. The Judge failed to examine the record in light of Applicant’s burden of persuasion. Favorable decision reversed.


Foreign Influence; Foreign Preference

12/12/2011

The vast majority of the Applicant's net worth is in the U.S., and he can not be coerced vis-a-vis his Israeli relatives. Furthermore, his Israeli passport has been invalidated, and he is willing to renounce his Israeli citizenship. Clearance is granted. CASE NO: 10-06971.h1


Guideline F; Guideline E

12/12/2011

Applicant has several delinquent debts although he has a net worth in excess of $500,000. Adverse decision affirmed.


Financial

12/12/2011

Applicant is 44 years old and employed as an Electronic Technician by a defense contractor. His history of excessive indebtedness that was caused by a divorce, a separation, excessive spending, a move out of state to help his mother, and periods of unemployment and underemployment, has not been resolved. The Applicant has been employed full time since 2009, and remains indebted in the approximate amount of $45,000. He has recently contacted an attorney to determine which avenue to pursue to resolve his debts. There is insufficient evidence of financial rehabilitation at this time. Clearance is denied. CASE NO: 10-00149.h1


Financial Considerations

12/12/2011

Applicant incurred significant debt after he purchased three houses within 15 months without selling at least one house prior to purchase of another. He took all the steps needed to try to resolve his mortgage problems with the mortgage lenders. One unpaid mortgage is in the short-sale process, and the remaining mortgage debts are resolved or in good standing. His unpaid equity line is in a payment plan. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-08705.h.1


Financial

12/12/2011

Applicant mitigated the financial considerations security concerns generated by his delinquent debt. Clearance is granted. CASE NO: 09-08507.h1


Guideline J

12/12/2011

Applicant has been convicted of one offense of providing false information to the government and charged with another. It was appropriate for the Judge to articulate his conclusions about Applicant’s honesty. Adverse decision affirmed,


Foreign Influence

12/09/2011

Applicant is a naturalized U.S. citizen, who was born in Egypt but moved to Libya at age ten. He renounced his Libyan citizenship, and he has lived continuously in the United States since January 1978. Foreign influence concerns are raised because of his close family ties to Libyan resident citizens, and his and his brothers’ outspoken criticisms of the Qadhafi regime. The recent liberation of Libya by the Qadhafi opposition lessens, but does not fully mitigate, the security risk. Clearance denied. CASE NO: 11-00074.h1


Financial

12/09/2011

Applicant has not mitigated the security concerns under Guideline F. He has not resolved his delinquent debts that total approximately $200,000. He relies on disputing accounts despite the fact that he acknowledges the underlying debts. His delinquent debt stems from 2007, He started to inquire about bankruptcy in 2011, but he does not wish to file for bankruptcy. He has recently disputed the majority of the accounts. Clearance is denied. CASE NO: 11-00046.h1


Financial

12/09/2011

Applicant is a 31-year-old employee of a defense contractor. He is alleged to be indebted to four creditors in the approximate amount of $553,248.15 on four defaulted mortgages. Applicant mitigated the Financial Considerations security concerns, because the debts were caused by unforeseen circumstances beyond his control, and he has acted responsibly with respect to each of his debts. Eligibility for access to classified information is granted. CASE NO: 10-10833.h1


Financial

12/09/2011

Applicant mitigated the concerns raised under Financial Considerations. Clearance is granted. CASE NO: 10-10462.h1


Foreign Preference; Foreign Influence

12/9/2011

Applicant has little contact with her two aunts and a cousin who live in Iran. Furthermore, she has surrendered her Iranian passport, and has no intention of traveling to Iran in the future. Clearance is granted. CASE NO: 10-07319.h1


Financial; Criminal Conduct

12/9/2011

Although the Applicant has mitigated his misdemeanor conviction with the passage of time, he has failed to address his significant admitted past due debts. Clearance is denied. CASE NO: 09-06745.h1


Guideline B

12/08/2011

The Judge concluded that Applicant’s Pakistani relatives, his contacts with them, and the geopolitical situation of that country raised Guideline B security concerns that were not mitigated. The Judge’s conclusions are supported by the record evidence. Adverse decision affirmed. CASE NO: 11-01920.a1


Guideline H; Guideline J; Guideline E

12/08/2011

Applicant appealed, not because she feels the Judge did anything wrong, but because she would still like a further review of her case. Applicant has not made an allegation of harmful error on the part of the Judge. Adverse decision affirmed.


Guideline F

12/08/2011

Applicant did not assert harmful error by the Judge. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 10-09072.a1


Personal Conduct; Financial

12/08/2011

Applicant developed financial problems resulting from two failed businesses. He is responsibly addressing his debts and seems to be in control of his financial situation. Notwithstanding, he deliberately falsified his April 2010 security clearance application when he failed to disclose his IRS debt and three tax liens. Clearance is denied. CASE NO: 10-07602.h1


Guideline J; Guideline H

12/08/2011

The Board looks to Judge’s decision as a whole in evaluating his findings and conclusions. Judge’s material findings were supported by substantial record evidence. Adverse decision affirmed. CASE NO: 10-05750.a1


Financial

12/08/2011

Applicant incurred delinquent debt when he retired from active duty, was unemployed for a short time, and had to use credit cards for living expenses. He continued to incur delinquent debt when he was laid off from a good-salaried position. Applicant has not established and provided information to verify that he made payments on his debts; nor does he have an agreed payment plan that is being paid. Eligibility for access to classified information is denied. CASE NO: 10-03715.h1


Financial

12/08/2011

Applicant fell behind on three credit card accounts and incurred two delinquent medical bills as a result of uninsured medical expenses associated with the birth of his daughter, a short period of unemployment, and a significant pay reduction when he returned to the workforce. He obtained financial counseling, negotiated payment plans on the three delinquent credit card accounts, and resolved the unpaid medical bills. Clearance is granted. CASE NO: 10-02444.h1


Foreign Preference

12/07/2011

Applicant has not mitigated the security concerns under the foreign preference guideline. Applicant is a dual citizen of the United States and Israel. He renewed his Israeli passport in 2005, which expires in 2015. He has not expressed a clear desire to relinquish his Israeli passport. Clearance is denied. CASE NO:11-03071.h1


Foreign Preference; Financial

12/07/2011

Applicant is 61 years old. She was a citizen of Tobago and became a naturalized citizen of the United States in 1988. She applied to be a dual citizen of Tobago and the United States, but has since expressed a willingness to renounce her Toboggan citizenship. She never applied for a Tobagonian passport. Applicant lost her job and requested a loan modification on her mortgage. A portion of her mortgage payment was held in forbearance and that amount was rolled into the modified loan. Applicant does not have any delinquent debts. Applicant mitigated the security concerns under Guideline C, Foreign Preference, and Guideline F, Financial Considerations. Clearance is granted. CASE NO: 11-00029.h1


Personal Conduct

12/07/2011

Applicant is a 54-year-old employee of a defense contractor. Applicant has not mitigated the Personal Conduct security concerns related to: his use of a fabricated social security number while employed by a government contractor and as a civilian employee of the Air Force; his termination from his Air Force position in 2004; his failure to return government equipment after his termination by the Air Force; and his 2006 criminal charge of Impersonating an Officer. Eligibility for access to classified information is denied. CASE NO: 10-11019.h1


Personal Conduct

12/07/2011

Applicant's misconduct in the 1990s was mitigated by the passage of time and significant evidence of rehabilitation. Clearance is granted. CASE NO: 10-07745.h1


Financial

12/07/2011

Applicant admitted 16 delinquent debts totaling more than $38,000. The record contains no evidence that he has disputed, resolved, or attempted to resolve any of his debts. Clearance is denied. CASE NO: 10-05993.h1


Financial

12/07/2011

Applicant mitigated the security concerns raised by the two delinquent mortgages on an investment property, where Applicant could not afford the mortgages on her own and unbeknownst to her, her ex-husband had stopped paying the mortgages on the property. Clearance granted.


Financial

12/07/2011

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-01814.h1


Financial

12/06/2011

Applicant resolved all of her delinquent accounts. Financial Considerations concerns are mitigated. Clearance is granted. CASE NO: 11-01844.h1


Financial Considerations

12/06/2011

Thirty-nine-year-old Applicant’s financial situation started to deteriorate during a period of unemployment and a hospitalization in 2001-2002. Her unspecified liabilities were discharged in May 2002. She was again laid off in November 2007, and remained unemployed until July 2010. She attributed her financial problems to a medical condition of her middle child, the difficulty in obtaining childcare for a child with special needs, her decision to care for the child at home, and the difficulty in holding a job while taking children to the doctor and day care. She obtained new employment in July 2010. She wrote some of her creditors in April 2011, proposing repayment plans. Although she contends she paid off some accounts and is in repayment plans with others, she offered little documentary evidence of past or current good-faith efforts to pay her creditors. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied. CASE NO: 11-01359.h1


Foreign Influence

12/06/2011

Applicant moved to the United States in 1993, and has been a United States United States citizen since 2004. His two sisters are United States citizens and residents. He received his college education in the United States, and has been employed only in the United States. Applicant has had no contact with his cousin, a senior official of Afghanistan, since 2006, nor any contact with anyone in the UAE since 2008. Mitigation has been shown. Clearance is granted


Financial; Personal Conduct

12/05/2011

Applicant's financial problems are the result of his failed business. He has been making steady payments on many of his delinquent debts and credibly testified he will resolve all his delinquent debts by seeking Chapter 13 bankruptcy protection. His personal conduct issues, which for the most part occurred when he was a teenager, no longer create a security concern. Clearance is granted. CASE NO: 10-10084.h1


Foreign Influence

12/05/2011

Applicant has mitigated the security concerns under the guideline for Foreign Influence. He has a father and two brothers who live in Nigeria. Applicant has been in the United States since 1987. He is a naturalized U.S. citizen. He has been in the academic community since his arrival in the United States. Clearance is granted. CASE NO: 10-09258.h1


Guideline F

12/05/2011

Conduct not alleged in the SOR may be considered limited purposes such as credibility and evaluation of the case in mitigation. Adverse decision affirmed.


Financial

12/05/2011

Applicant failed to mitigate the security concern that arises from his outstanding delinquent debts. Clearance is denied. CASE NO: 10-07406.h1


Guideline F

12/05/2011

The Judge’s conclusion that there is insufficient evidence of either a permanent repayment plan or of payments under a temporary plan is supported by record evidence and is a sufficient basis for the Judge’s ultimate determination. Adverse decision affirmed.


Financial

12/2/2011

Applicant mitigated the Financial Considerations concern. He was unable to pay his student loans and some smaller debts because he was unable to find a full time job for four years. After securing a full time job, he consolidated and paid his student loans on time, paid some of his smaller debts, and put his financial house in order. His past indebtedness no longer raises a security concern. Clearance is granted. CASE NO: 11-01688.h1


Foreign Influence

12/2/2011

Applicant’s mother, two sisters, and cousin are citizens and residents of Afghanistan. She failed to mitigate the security concerns arising from her foreign contacts in Afghanistan. Eligibility for access to classified information is denied. CASE NO: 11-00068.h1


Financial

12/02/2011

Applicant failed to mitigate the financial considerations security concerns generated by his delinquent debt. Clearance is denied. CASE NO: 10-10858.h1


Personal Conduct, Criminal Conduct

12/02/2011

Applicant committed about nine misdemeanor or felony offenses from 1998 to August 2010. He intentionally failed to disclose derogatory information on his May 17, 2010 security clearance application about some of his criminal offenses. Personal conduct and criminal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-09985.h1


Personal Conduct; Drugs

12/2/2011

Applicant was involved with illegal drugs between 1975 and 2007. Between 2006 and 2008, he also misused prescription pain medication at least three times. His illegal drug involvement also occurred while he held a security clearance first obtained in 1979. Applicant deliberately failed to disclose the full scope of his illegal drug involvement in security clearance applications submitted in 2008 and 2009. Applicant failed to mitigate the security concerns raised by his drug involvement and personal conduct. His request for a security clearance is denied. CASE NO: 10-06619.h1


Guideline H: Guideline E; Guideline G

12/01/2011

The Government must present substantial evidence in regard SOR allegations that have been controverted. Once it has done so, it has no further burden. The burden of persuasion shifts to Applicant to mitigate the security concerns in his case. Adverse decision affirmed. CASE NO: 11-00391.a1


Foreign Influence

12/01/2011

Applicant is a 52-year-old employee of a defense contractor. Applicant has mitigated the Foreign Influence security concerns raised by his relatives in Iraq, Malaysia, and Tunisia and his property in Iraq. Eligibility for access to classified information is granted. CASE NO:10-05755.h1


Guideline B

12/01/2011

In a Guideline B case, the Government is not required to present direct evidence of a nexus between an applicant’s circumstances and the concern addressed by the Guideline. Applicant’s foreign relatives, with whom he regularly communicates and who live in a country that practices industrial espionage, create a heightened risk of coercion. Adverse decision affirmed. CASE NO: 09-05812.a1


Personal Conduct

11/30/2011

For seven months in 2009, Applicant falsified his timecards while working as a government contractor. He failed to mitigate the personal conduct concerns raised by his actions. Clearance is denied. CASE NO: 11-05443.h1


Financial

11/30/2011

Applicant has a record of failing to meet her financial obligations. Applicant owes approximately $36,000 in delinquent debts. She stated she has worked with some creditors, arranged a settlement with another, and made some payments on her debts. However, but for one document, she failed to support her statements. She requested a decision based on the written record, but that record is insufficient to find that she has made a substantial effort to resolve her debts. Clearance is denied. CASE NO: 11-04981.h1


Personal Conduct

11/30/2011

Applicant failed to mitigate the Personal Conduct concerns. She has been fired twice in the past four years for workplace misconduct. The most recent incident involved a breach of security. She failed to demonstrate that the inappropriate behavior that led to her employment terminations is unlikely to recur in the future. Clearance is denied. CASE NO: 11-04212.h1


Financial

11/30/2011

Applicant is a 53-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from her delinquent debts. Clearance is denied. CASE NO: 11-02490.h1


Financial

11/30/2011

As a result of Applicant’s overly generous efforts to help his pregnant teenage daughter, and an unwise decision to reduce his federal income tax withholding, he was unable to pay his federal taxes and he fell behind on his mortgage payments. He has obtained a loan modification, negotiated a payment plan for his taxes, and is complying with both. Clearance is granted. CASE NO: 11-01286.h1


Foreign Preference

11/30/2011

Applicant mitigated foreign preference security concerns when she surrendered her Canadian and United Kingdom passports to her security officer. Clearance is granted.


Drugs

11/30/2011

Applicant has mitigated the security significance of his occasional drug use, which ended in 2009. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 11-00638.h1


Financial

11/30/2011

Applicant's financial problems occurred when a degenerative shoulder problem, experienced in approximately 2005, prevented him from working for approximately a year and a half. In 2006, his employer awarded him disability retirement benefits retroactive to the date he stopped working. These benefits enabled Applicant to satisfy all of his delinquent debts. Between the income earned from his current full-time job, his part-time job, and his disability retirement benefits, which he continues to receive, he has ample income to make ends meet. Clearance is granted. CASE NO: 11-00596.h1


Financial

11/30/2011

Applicant’s Statement of Reasons alleged 16 debts totaling $50,349. These debts consist of five unpaid medical bills, utilities, credit card accounts, and other consumer debts. Her indebtedness has been ongoing at least several years. Applicant was unable to provide sufficient mitigating evidence to overcome security concerns raised. Clearance is denied. CASE NO: 10-11034.h1


Financial

11/30/2011

Applicant mitigated the security concerns raised by his financial problems—which were largely due to circumstances beyond his control—by attempting several unsuccessful courses of action to resolve his debt short of bankruptcy, before entering into a chapter 13 debt reorganization. Clearance granted.


Criminal Conduct

11/30/2011

Applicant did not file his federal income tax returns in a timely manner for the tax years 2003 through 2009 nor did he pay taxes for those years. Additionally, he used marijuana from 1998 to 2008 and cocaine from 1998 to 2000. Applicant has rebutted or mitigated the security concerns under financial considerations and drug involvement. Clearance is granted. CASE NO: 10-10016.h1


Financial; Personal Conduct

11/30/2011

Applicant failed to mitigate the security concerns raised by her failure to protect her identity when her purse was stolen in 2002 as well as her failure to keep abreast of debts that were legitimately hers. However, she did not falsify her clearance application. Clearance denied.


Financial; Personal Conduct

11/30/2011

Applicant is a 51-year-old employee of a federal contractor. The evidence shows he has a history of financial troubles due to a combination of gambling losses, providing financial support to adult members of his family (stepchildren), and his wife's unemployment. He is resolving his financial problems through an ongoing Chapter 13 bankruptcy case, in which he has made monthly payments since about July 2010. Nevertheless, he gave a deliberately false answer in a December 2009 security clearance application, in which he denied ever having experienced financial problems due to gambling. The evidence shows that was not the case. Clearance is denied. CASE NO: 10-08723.h1


Financial

11/30/2011

Applicant incurred a total of 24 delinquent debts, which included 11 medical bills, car repossession, utility bills, loans, credit cards, and telephone bills. She also uttered seven checks which were returned for insufficient funds. She did not inquire of many of the creditors concerning the debts or make arrangements to pay them. She has not paid most of her past-due debts. She did not present sufficient information to mitigate public trust concerns for her finances. Eligibility for access to sensitive public trust information is denied. CASE NO: 10-08311.h1


Financial; Personal Conduct

11/30/2011

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


Financial

11/30/2011

Applicant has a record of failing to meet his financial obligations. The Statement of Reasons alleges delinquent debts amounting to more than $50,000. However, with one SOR debt in error and one a duplicate, Applicant actually owes approximately $8,800 in delinquent debt. He established a payment plan. However, his plan was established just before the hearing, and he has made only one payment. He has not shown a track record of meeting payments. In addition, he has a substantial negative monthly cash flow. These facts raise doubts as to whether Applicant would be able to fulfill his plan. Clearance is denied. CASE NO: 10-07712.h1


Financial

11/30/2011

Applicant is 56 years old. He was born in Taiwan and became a naturalized citizen of the United States in 1997. After becoming a U.S. citizen, he obtained a Taiwanese passport and used it. He destroyed the passport in September 2011. Applicant’s wife has family in Taiwan. Applicant and his wife have approximately $790,000 of assets in Taiwan. Applicant mitigated the Guideline C, Foreign Preference security concerns, but failed to mitigate the Guideline B, Foreign Influence security concerns. Clearance is denied. CASE NO: 10-07016.h1


Criminal Conduct

11/30/2011

In March 2010, Applicant inadvertently left a firearm in his backpack when he went through airport security resulting in his arrest for possession of a weapon in a prohibited place, a third degree felony. Applicant has rebutted or mitigated the criminal conduct security concerns. Clearance is granted. CASE NO: 10-06777.h1


Financial

11/30/2011

Applicant is a 59-year-old employee of a federal contractor. The evidence shows he has a problematic financial history, which includes a Chapter 7 bankruptcy case that ended in a discharge in 2003, and, more recently, delinquent debts totaling more than $20,000, most of which are unresolved. Although he and his wife have experienced circumstances largely beyond their control, he has done little to help himself since beginning his employment with a federal contractor in 2009. It is simply too soon to tell if or when he will resolve his current financial problems. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 10-03508.h1


Personal Conduct; Financial

11/30/2011

Applicant established that his finances were being resolved and mitigated the financial consideration security concerns. The Government did not establish that Applicant deliberately falsified his security clearance application. Eligibility for access to classified information is granted. CASE NO: 10-02803.h1


Financial

11/30/2011

Applicant failed to mitigate the security concerns raised by his over $38,000 delinquent debt, none of which has been addressed. Clearance denied.


Financial Considerations

11/30/2011

Applicant has six charged-off, placed-for-collection, or delinquent accounts totaling approximately $49,000. In December 2010, she entered into a repayment agreement whereby she pays $1,232 monthly to her creditors. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 10-00032.h1


Drugs

11/30/2011

Applicant used cocaine and marijuana on multiple occasions, with his most recent use of marijuana in 2009. He also cultivated marijuana for his own use. Applicant failed to mitigate this security concern. Clearance denied. CASE NO: 09-08555.h1


Financial

11/29/2011

Applicant is 40 years old and employed as a Computer Drafting Specialist by a defense contractor. His history of delinquent indebtedness has been resolved. Clearance is granted. CASE NO: 10-09890.h1


Foreign Influence

11/29/2011

Applicant is 31 years old and employed as a Software Engineer by a defense contractor. His foreign relatives in Burma, that include his mother-in-law, father-in-law, sister-in-law, brother-in-law, and three aunts on his father's side doe not pose a security risk. Clearance is granted. CASE NO: 10-04755.h1


Financial Considerations; Personal Conduct

11/28/2011

Applicant, a 31-year-old government contractor with a bachelor’s degree in finance, has failed to address six of nine delinquent debts. Further, he failed to disclose any of his delinquent debt on his 2008 e-QIP. Applicant has not mitigated Financial Considerations or Personal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 11-00188.h1


Financial; Personal Conduct

11/28/2011

Applicant is 31 years old and employed as a Avionics Technician by a defense contractor. His history of excessive indebtedness has not been mitigated by a sufficient showing of fiscal responsibility. His use of illegal drugs that occurred in 2006-2007 has been mitigated. Clearance is denied. CASE NO: 10-11168.h1


Financial

11/28/2011

Applicant mitigated the Financial Considerations concern. She established that her financial problems were due to matters outside of her control and she has now put her financial house in order. Clearance is granted. CASE NO: 10-10332.h1


Financial

11/28/2011

Applicant is 55 years old and employed as a Quality Assurance Engineer by a defense contractor. His delinquent mortgage in the amount of $85,000 has not been resolved. Clearance is denied. CASE NO: 10-09192.h1


Financial, Criminal

11/28/2011

Applicant was arrested five times between 2001 and 2007. In 2006, he used his position at a retail store to fraudulently add $500 to $700 to his own credit card. He was charged with embezzlement, and found guilty of petit larceny. Applicant also has approximately $17,000 in delinquent debt, and has no payment plan in place to resolve it. Clearance is denied. CASE NO: 10-08840.h1


Information Technology; Personal Conduct

11/28/2011

Between 1997 and the summer of 2008, Applicant illegally downloaded digital material and accessed other people’s computers and a wireless system without authorization. His immaturity led to his questionable behavior. He was forthcoming and candid during his security clearance interviews. He received training about ethical behavior and the handling of information technology systems. He expressed sincere remorse for his past questionable behavior and understands that it could adversely impact on his ability to hold a security clearance. His questionable behavior is unlikely to recur. Applicant mitigated security concerns under Guidelines E and M. CASE NO: 10-08384.h1


Financial

11/28/2011

Applicant is a 48-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of eight delinquent accounts and failure to file federal income tax returns for tax years 2008 and 2009. To date, all these matters remain unresolved, although he intends to seek relief via a Chapter 13 bankruptcy case. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 10-02920.h1


Financial

11/28/2011

Applicant has accumulated 22 delinquent debts totaling about $35,345. After the hearing, she resolved two debts. She stated she had negotiated a payment plan for one debt, but she provided no documentation of the plan and no evidence of payments. She has taken no significant actions to dispute, pay, or otherwise resolve the remaining debts. Clearance is denied. CASE NO: 10-01802.h1


Financial

11/28/2011

Applicant mitigated the security concerns raised by her federal tax liens in 2009 and 2010 by demonstrating that the liens were directly related to her husband's failed real estate venture and they had begun to address their tax liability before the liens were filed. Clearance granted.


Foreign Influence

11/28/2011

Applicant has mitigated the security concerns under the foreign influence guideline. He and his spouse are naturalized citizens. They have a 10-year-old son who was born in the United States. Applicant's mother, father, and siblings have lived in the United States for many years. They are U.S. citizens and hold Iranian passports. Applicant's in-laws live in Iran. He has no communication with them. His oldest brother was a victim of terrorists in 2003 while working for the United Nations. Clearance is granted. CASE NO: 09-07317.h1


Guideline J; Guideline E

11/25/2011

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


Guideline H; Guideline E

11/25/2011

Applicant’s admissions and the record evidence support the Judge’s material findings that the falsifiations were willful. Adverse decision affirmed.


Guideline F

11/25/2011

By explicit mandate, the Board may not consider new evidence on appeal. Adverse decision affirmed.


Financial; Criminal Conduct

11/23/2011

Applicant's last criminal conduct occurred in 1989. He has established that he has been totally rehabilitated and is unlikely to commit a criminal act in the future. However, he failed to mitigate the trustworthiness concerns that arise from his longstanding financial problems. He has insufficient income to satisfy his larger delinquent debts, and he continues to accrue deferred student loans that he will be unable to service when they are no longer deferred. Clearance is denied. CASE NO: 11-00721.h1


Handling Protected Information; Outside Activities; Personal Conduct

11/22/2011

Applicant is 61 years old and employed as a Program Manager by a defense contractor. His history of security violations, outside employment, unreported foreign business activities, and the fact that his Special Program Access was revoked by another government agency has not been mitigated. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 10-00320.h1


Financial; Personal Conduct

11/22/2011

Applicant has mitigated the security significance of his financial situation. He did falsify a government questionnaire. Clearance is granted. CASE NO: 09-07972.h1


Financial

11/21/2011

Applicant and her spouse received a Chapter 7 bankruptcy discharge in October 1998. After her husband left her in late 1998, she found employment and was generally able to pay her debts until her pay was unexpectedly reduced in late 2007, her ex-husband stopped paying child support, and her teenaged son and pregnant girlfriend moved in with her. She shares living expenses with her live-in fiancé, and they have a net monthly remainder of about $2,200. She has done nothing to resolve a $1,600 federal tax debt. About three weeks before the hearing, she received a second Chapter 7 bankruptcy discharge that included four of the five debts alleged in the SOR. She paid the fifth debt. The federal tax debt was not alleged in the SOR, was not included in the bankruptcy, and is unresolved. Clearance is denied. CASE NO: 11-00965.h1


Drugs; Personal Conduct:

11/21/2011

Applicant is 24 years old. He pretended he used marijuana one time at a college party. He did not falsify information during the security clearance process. Applicant mitigated the security concerns under Guideline H, Drug Involvement and Guideline E, Personal Conduct. Clearance is granted. CASE NO: 11-00208.h1


Financial

11/21/2011

Applicant is 44 years old. He experienced financial difficulties when he was obligated to fulfill a real estate contract during an economic downturn. He also helped a family member pay rent and was not reimbursed. Applicant filed Chapter 13 bankruptcy in May 2010 and has been making consistent payments. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 10-09734.h1


Financial, Criminal Conduct, and Personal Conduct

11/21/2011

Applicant had numerous arrests between 1996 and 2007. He has delinquent debts amounting to approximately $20,000, with no plan to resolve them. He falsified information he provided on two security clearance applications. His actions raise doubts as to his judgment and trustworthiness. Clearance is denied. CASE NO: 10-06391.h1


Financial

11/21/2011

Applicant failed to mitigate the Financial Considerations concerns. She has accumulated over $30,000 in bad debt and failed to establish that her financial problem is under control. Clearance is denied. CASE NO: 10-06372.h1


Financial; Handling Protected Information

11/21/2011

Applicant is a 50-year-old employee of a defense contractor. Classified documents that were inadvertently accumulated during Applicant’s military career were discovered in his home in March 2007. He appreciates the severity of his actions, and he is aware that he must be more diligent in his responsibilities for safeguarding classified information. He lost his job when the classified documents were discovered, and he incurred delinquent debts. He has his finances back in order and has a plan to address his financial problems. Security concerns are mitigated. Clearance is granted. CASE NO: 10-05448.h1


Financial

11/21/2011

Applicant acquired about $150,000 in delinquent debt, starting in 2008. He is financially responsible for his 24-year-old, college educated, unemployed son. Applicant's expenses are sufficiently high to leave him with little disposable income. To date, he has resolved less than $1,000 of his debt. He is contemplating Chapter 13 bankruptcy protection, but has neither filed for bankruptcy nor developed a record of regular payments on a Chapter 13 payment plan. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 10-03701.h1


Financial

11/21/2011

Applicant s husband lost his job, which caused a strain on their household income. They fell behind in their mortgage payment, and the mortgage lender foreclosed on their house. Under state law, the lender cannot recovered any money on their mortgage after the foreclose sale of their house. Her other bills are paid and always have been. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-00464.h1


FINANCIAL

11/21/2011

Applicant is a 55-year-old employee of a defense contractor. After receiving Chapter 7 bankruptcy protection in 2001, Applicant has accumulated over $50,000 in delinquent debt, which remains unresolved. She did not falsify her security clearance application. Clearance is denied. CASE NO. 10-00342.h1


Financial

11/18/2011

Applicant has mitigated the security significance of his past due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 11-00009.h1


Guideline F

11/18/2011

The Judge erroneously found that Applicant came back from Iraq with $93,000 in savings. The Judge delivered lengthy unsolicited gratuitous remarks about extraneous matters at the hearing. Adverse decision remanded.


Guideline F

11/18/2011

Applicant failed to pay withholding taxes for his employees. The Judge reasonably explained that he could not favorably apply mitigating conditions because of Applicant’s eight year delay in attempting to resolve the debts and failure to pay the monthly payments. Adverse decision affirmed.


Guideline F

11/17/2011

The Directive presumes a nexus between proven conduct under any Guideline and an applicant’s security worthiness. A Judge is presumed to have considered all of the record evidence. Hearing Office decision are not binding legal precedent. Adverse decision affirmed. CASE NO: 10-09511.a1


Guideline B

11/17/2011

Judge’s conclusion that Applicant’s strong ties of affection to her Sudanese relatives raised security concerns was sustainable. Adverse decision affirmed. CASE NO: 10-04330.a1


Guideline G; Guideline J; Guideline F

11/17/2011

The applicant bears the burden of persuasion as to mitigation. Absence of rebuttal evidence by the Government does not compel a favorable decision. A Judge must weigh the evidence and provide a reasonable explanation for his decision. Adverse decision affirmed. CASE NO: 09-06837.a1


Financial

11/16/2011

Applicant is a 41-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 11-01455.h1


Drug

11/16/2011

Applicant is 33 years old and is employed by a defense contractor. Applicant smoked marijuana on two occasions in 2010, once with friends and the second time with his wife when their dog died. Applicant did not mitigate the drug involvement security concerns. Clearance is denied. CASE NO: 10-09573.h1


Financial

11/16/2011

Applicant incurred financial problems when his work hours declined, and he over spent. While he states that he has resolved many of the SOR debts, he has not provided competent evidence that his past-due debts are paid or being resolved. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-06735.h1


Drug; Personal Conduct

11/16/2011

Applicant is 26 years old and is employed by a defense contractor. Applicant smoked marijuana while in college. She falsified her two security clearance applications by denying she used controlled substances. Applicant mitigated the drug involvement security concerns. She did not mitigate the personal conduct security clearance concerns. Clearance is denied. CASE NO: 10-04160.h1


Financial

11/16/2011

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: 10-03329.h1


Foreign Influence; Financial

11/16/2011

Applicant is 55 years old. She has six siblings who are citizens and residents of Pakistan. She owned land in Pakistan, but it is unclear if she has a legal right to it. Applicant has 15 delinquent debts totaling approximately $80,150 that she and her ex-husband accumulated before their divorce. Applicant did not provide sufficient evidence to conclude all of her delinquent debts are paid or being resolved. Applicant failed to mitigate the security concerns under Guideline B and Guideline F. Clearance is denied. CASE NO: 10-02098.h1


Financial Considerations; Personal Conduct

11/16/2011

Applicant has long-standing financial problems which have not been resolved. She did not intentionally falsify her answers on her trustworthiness application. However, she has not mitigated the concerns about her rules violations. She has not mitigated the Government's trustworthiness concerns under Guidelines F and E. Eligibility for a trustworthiness position is denied. CASE NO: 08-09024.h1


Financial

11/15/2011

Applicant has not mitigated the security significance of his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 11-00984.h1


Financial

11/15/2011

Applicant is an employee of a defense contractor. In July 2010 the government interviewed him regarding approximately $74,000 of delinquent debts and the security concern implications. Applicant did not provide any documentation that he has taken steps to resolve or address these debts, despite indicating his intention to do so. He failed to mitigate the security concerns raised under the Financial Considerations guideline. Clearance is denied.


Financial

11/15/2011

Applicant obtained a Chapter 7 bankruptcy discharge in July 2001. She has since accumulated numerous delinquent debts, owed in the combined amount of $21,895, that have either been charged off as bad debts or submitted for collection. Clearance is denied. CASE NO: 10-03466.h1


Personal Conduct

11/10/2011

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: 11-03901.h1


Drug Involvement; Alcohol Consumption

11/10/2011

Applicant has mitigated the security concerns under the guidelines for Alcohol and Drugs. He has not used any illegal drugs for two years. His October 2009 incident for Assault and Battery with involvement of alcohol has been nolle prossed and expunged. He disclosed his marijuana use and use of Adderral on his security clearance application. He drinks in moderation. Clearance is granted. CASE NO: 10-09328.h1


Drugs; Personal Conduct

11/10/2011

Applicant illegally used drugs from 2000 until April-May 2008. She used drugs after she was granted a security clearance in February 2008. I find not enough time has passed to establish that Applicant’s use of drugs is unlikely to recur. Clearance is denied. CASE NO: 10-09119.h1


Financial; Personal Conduct

11/10/2011

Applicant is a 34-year-old employee of a defense contractor. He was laid off from his job in early 2010 and incurred delinquent debts. Since obtaining his current job, he has resolved most of his delinquent debts. He unintentionally failed to disclose the delinquent debts on his security clearance application. He has mitigated the financial and personal conduct security concerns. Clearance is granted. CASE NO: 10-08736.h1


FOREIGN INFLUENCE; FOREIGN PREFERNCE

11/10/2011

Applicant is a naturalized citizen of the United States who exercises dual citizenship with her native Taiwan. She possesses and uses a Taiwanese passport to facilitate her relationships with her parents and two brothers who are citizens and residents of Taiwan. She failed to mitigate the foreign influence and foreign preference concerns raised in this case. Clearance is denied. CASE NO. 10-07580.h1


Financial

11/10/2011

Applicant accumulated approximately $30,000 in delinquencies primarily because of four years of unemployment and underemployment. However, he has resolved all but one large student loan. He has made a substantial decrease in that debt, and has established a payment plan for the remaining balance. Clearance is granted. CASE NO: 10-06514.h1


Financial

11/10/2011

Applicant ran a successful business at the gateway to a major military installation. September 11, 2001, and a souring economy in the mid-2000s led to economic hard times. Despite depleting his personal assets, he could not save his business. Since that time, he has maintained contact with his creditors, found gainful employment, received financial counseling, and made significant strides in addressing all of his delinquent debt. Financial considerations security concerns are mitigated. Clearance is granted CASE NO: 10-05387.h1


Criminal Conduct; Personal Conduct

11/10/2011

Applicant participated in an automobile insurance fraud scheme totaling approximately $140,000 during the time period of 2000 to 2002, and he also furnished false information to a Government investigator regarding his past criminal conduct as recently as January 5, 2009. Mitigation has not been shown. Clearance is denied.


Drugs; Personal Conduct; Alcohol

11/09/2011

Applicant has not mitigated the security significance of his drug use, including while holding a security clearance. In addition, he falsified a Government security questionnaire. Finally, he had serious alcohol problems for many years. Insufficient mitigation is shown. Clearance is denied. CASE NO: 10-02082.h1


Financial

11/08/2011

Applicant has mitigated the security concerns under the financial considerations guideline. He has paid several accounts and sought the help of a consolidation company to resolve the remaining debts. CASE NO:10-11074.h1


Drugs; Personal Conduct

11/08/2011

Applicant’s marijuana use between January 2002 and January 2008 showed poor judgment and raised security concerns. In regard to the whole-person concept, he permitted friends and colleagues to use marijuana on his property as recently as two days before his hearing. Drug involvement concerns are not fully mitigated; however, personal conduct concerns are mitigated. Eligibility for access to classified information is denied. CASE NO: 10-08377.h1


Drug Involvement; Personal Conduct

11/08/2011

Applicant tried marijuana twice at a party in early 2010, a few months after he completed a security clearance application. He has no intention of trying it again. The following month, he was found in possession of someone else's marijuana. Due to the circumstances, the resultant charge was ultimately dismissed. Applicant has since excelled in school, at work, and in his personal life. Applicant mitigated security concerns. Clearance is granted. CASE NO: 10-08265.h1


Drugs; Personal Conduct

11/08/2011

Applicant illegally used marijuana from around 1982 until July 2008. He used marijuana after he was granted a top secret security clearance in April 2007. Moreover, he deliberately falsified two security clearance applications, and made false statements to a government investigator. Clearance is denied. CASE NO: 10-06362.h1


Financial Considerations

11/08/2011

Applicant is a 30-year-old employee of a defense contractor. He is alleged to be indebted to five creditors in the approximate amount of $21,894. Applicant mitigated the Financial Considerations security concerns, because the debts were caused by unforeseen circumstances beyond his control, and he has acted responsibly with respect to his debts. He also has completed a number of financial management courses. Eligibility for access to classified information is granted. CASE NO:10-04278.h1


Guideline F

11/08/2011

The Judge’s conclusion that Applicant had not demonstrated a sufficient track record of debt repayment to justify a favorable decision was sustainable. The Judge explicitly addressed matters favorable to Applicant, such as the effect of illness on Applicant’s finances. However, the Judge adequately explained her reasons for denying Applicant a clearance. Adverse decision affirmed. CASE NO: 10-04054.a1


Financial

11/08/2011

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-08573.h1


Alcohol Consumption

11/07/2011

During a two year period starting in college, Applicant was cited for possession of a malt beverage, malicious mischief, and driving under the influence. Fearing his binge use of alcohol would lead him to alcoholism, he quit drinking. With the support of his family, peers, and Alcoholics Anonymous, Applicant, now 23 years old, has maintained sobriety for a year and improved his life. There is no indication that alcohol abuse will again prove to be a factor in his life. Alcohol consumption security concerns are mitigated. Clearance is granted. CASE NO: 11-03814.h1


Guideline F; Guideline G; Guideline J

11/07/2011

Judge entered favorable findings under Guideline F. However, evidence of repeated criminal conduct involving alcohol, to include an incident involving serious acts of violence, supports the Judge’s adverse findings under Guidelines G and J. Adverse decision affirmed. CASE NO: 10-01678.a1


Personal Conduct and Handling Protected Information

11/07/2011

Applicant failed to mitigate the Personal Conduct and Handling Protected Information security concerns. Eligibility for access to classified information is denied. CASE NO: 09-06103.h1


Guideline F; Guideline E

11/07/2011

Applicant made no assertion of harmful error. The Board cannot consider new evidence in resolving an appeal. Adverse decision affirmed. CASE NO: 08-11509.a1


Personal Conduct; Financial

11/04/2011

Applicant is a 54-year-old employee of a defense contractor. In 2007, he misappropriated over $11,000 of company golf association funds. He repaid these funds, but failed to mitigate the personal conduct and financial considerations security concerns arising from his misconduct. Clearance is denied. CASE NO: 11-00110.h1


Financial

11/04/2011

Applicant failed to mitigate the Financial Considerations concerns. He defaulted on the mortgages for four separate investment properties, all four properties were recently foreclosed upon, and he failed to handle his financial problems in a responsible fashion. Clearance is denied. CASE NO: 10-11076.h1


Financial; Personal Conduct

11/04/2011

Applicant is 41 years old. From 2000 to 2005, he and his cousin bought four real estate properties. They would obtain line-of-credit loans from one property and use the money to purchase the next property. They had difficulty paying the mortgages when their adjustable interest rates rose and when they had difficulty finding tenants. They defaulted on mortgages and lines-of-credit. Applicant is negotiating a settlement agreement on a $101,000 delinquent debt. When Applicant completed his security clearance application he deliberately failed to disclose his any of his financial problems. His testimony was not credible. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-09595.h1


Drugs

11/04/2011

Applicant illegally used drugs from 2003 until April 2010. He used drugs after he was granted a security clearance in August 2005. I find not enough time has passed to establish that Applicant’s use of drugs is unlikely to recur. Clearance is denied. CASE NO: 10-08099.h1


Alcohol; Personal Conduct

11/04/2011

Applicant failed to mitigate Alcohol Consumption and Personal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05400.h1


Guideline F

11/03/2011

Applicant has a lengthy history of not meeting financial obligations. Adverse decision affirmed.


Guideline H

11/03/2011

The finding that Applicant enjoys marijuana is a reasonable characterization or inference that could be drawn from the record. Adverse decision affirmed.


Guideline F

11/03/2011

The Judge made factual findings about Applicant’s taxes which were not alleged in the SOR. The Judge did not discuss those findings in his analysis. There is no presumption of error. The Board will not presume that the Judge used the findings improperly. Adverse decision affirmed.


Financial

10/31/2011

Applicant has not resolved his delinquent accounts. His bankruptcy was dismissed in 2008 because he could not maintain the payments. He has not mitigated the security concerns under the financial considerations guideline. CASE NO:11-01271.h1


Financial

10/31/2011

Applicant did not address his delinquent debts, even though he had steady employment and told an authorized investigator that he intended to pay them. After receiving the Statement of Reasons, Applicant sought protection from his creditors by filing for Chapter 7 bankruptcy, raising concerns about his judgment and good faith. Applicant failed to mitigate security concerns under the financial considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 11-00125.h1


Financial; Personal Conduct

10/31/2011

Security concerns were raised because Applicant has nine unresolved delinquent debts totaling approximately $19,762. He had no deliberate intent to falsify his security clearance questionnaire by failing to list his delinquent accounts. The personal conduct concern is found for Applicant. Financial considerations concerns are not mitigated because Applicant made no attempts to resolve the delinquent accounts. Clearance is denied. CASE NO: 10-09744.h1


Alcohol; Drugs; Criminal Conduct

10/31/2011

Applicant is a 21-year-old employee of a defense contractor. He was arrested for Driving Under the Influence of Alcohol (DUI) and Possession of Alcohol as a Minor in April 2009, and for DUI and Possession of Marijuana in January 2010. He consumed alcohol as a minor until April 2011 and used marijuana from January 2009 to January 2010. Since engaging in his criminal conduct, he has significantly changed his lifestyle. He provided sufficient evidence to mitigate the security concerns arising from his alcohol consumption, drug involvement, and criminal conduct. Clearance is granted. CASE NO: 10-09659.h1


Financial

10/31/2011

The Applicant has mitigated the security significance of his past-due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 10-08511.h1


Financial

10/31/2011

Applicant accrued more than $80,000 in delinquent debt over the past few years, while she was employed full time. Resulting security concerns were not mitigated. She made no showing of unusual circumstances giving rise to these debts, or of changes to prevent continued financial irresponsibility. She very recently filed for discharge of her debts in bankruptcy, and purchased an expensive new car with a loan that will consume much of her income. Eligibility for access to classified information is denied. CASE NO: 10-07009.h1


Foreign Influence

10/31/2011

Applicant owns property in India and is building a retirement home there. His familial contacts with family members who are citizens and residents of India and his long-standing professional friendship with a citizen and resident of Taiwan raise security concerns under Guideline B, Foreign Influence. Applicant failed to mitigate the Government’s Guideline B security concerns. Clearance is denied. CASE NO: 10-06592.h1


FOREIGN INFLUENCE

10/31/2011

Applicant is a naturalized citizen of the United States originally from Afghanistan. He maintains relationships with his father-in-law, brother, and sister who are citizens and residents of Afghanistan. Ultimately, he failed to mitigate the foreign influence concerns raised in this case. Clearance is denied. CASE NO. 10-03200.h1


Personal Conduct, Financial Considerations

10/28/2011

Applicant worked for federal agencies for more than 20 years. In 2010, she received warnings about performance because the client was dissatisfied with her work. She resigned her position. Shortly thereafter, her security clearance was revoked when her former FSO claimed that Applicant had placed reports she had compiled in a burn bag to be destroyed. Applicant credibly denied it, and provided written and testimonial evidence from co-workers that she did not do it. The FSO’s claim was based on unsubstantiated comments passed on to her from unknown party. Applicant had one past-due mortgage payment that she mistakenly did not list on her security clearance application. Applicant has a substantiated history of decades of excellent job performance, a long history of community involvement, and testimonials to her strong character and integrity. Clearance is granted. CASE NO: 11-00394.h1


Financial

10/28/2011

Applicant had three delinquent real estate-related debts, pertaining to two investment properties. The three debts totaled about $577,000 at the time the properties went to foreclosure. Applicant has the financial resources available to her to resolve these three debts; however, she does not have a responsible plan for resolving them. Financial considerations concerns are not mitigated. Access to classified information is denied. CASE NO: 10-10045.h1


Finances

10/28/2011

When hard economic times adversely impacted his business, Applicant honorably wound down his new partnership and successfully contested two inflated state tax liens. He satisfied the adjusted lien balances and is in repayment on an outstanding debt related to a business line of credit. He presented facts indicating that this situation was an anomaly that will not be repeated. Applicant mitigated financial considerations security concerns. Clearance granted. CASE NO: 10-09070.h1


Financial, Personal Conduct

10/28/2011

Applicant’s statement of reasons (SOR) lists four delinquent tax liens totaling $67,110. His two largest tax liens were in 2002 for $42,547 and in 2003 for $19,681. He failed to file his Federal and state income tax returns for tax years 1999, 2001, and 2005 through 2010. He did not provide proof of any payments to his SOR creditors. He failed to make sufficient progress in resolving his SOR debts, and financial considerations concerns are not mitigated at this time. Applicant’s eligibility for access to classified information is denied. CASE NO: 10-08831.h1


Foreign Influence

10/28/2011

Applicant's foreign contacts with family members, acquaintances, and professional contacts failed to raise security concerns where the contacts had been favorably adjudicated multiple times over the last 35 years by the U.S. Government while Applicant was a career Government employee and there was no evidence of changed circumstances in the background investigation required for his industrial clearance. Clearance granted.


Drugs; Personal Conduct

10/28/2011

Applicant illegally used marijuana sporadically from 1999 until April 2009. He used cocaine six times between May 2004 and April 2009. He used illegal drugs while serving in the National Guard, and after he was granted a security clearance in February 2008. Not enough time has passed to establish that Applicant has made permanent lifestyle changes, that he disassociated from his drug-using friends, and that his use of drugs is unlikely to recur. Clearance is denied. CASE NO: 10-07266.h1


Drugs; Personal Conduct

10/28/2011

Applicant is a 34-year-old employee of a defense contractor. He used marijuana from 2003 to February 2010. In October 2006, he was charged with possessing 60 pounds of marijuana, but that charge was later dismissed. He failed to mitigate the security concerns arising from his drug involvement and personal conduct. Clearance is denied. CASE NO: 10-05700.h1


Financial

10/28/2011

Applicant is a 33-year-old employee of a defense contractor. He has established a plan to resolve his financial problems and has taken significant action to implement that plan. Financial considerations security concerns are mitigated. Clearance granted. CASE NO: 10-00108.h1


Finances

10/27/2011

Applicant's credit report noted 38 delinquent debts. While she successfully disputed nine of those account entries, other disputes are pending resolution. Of the nearly $13,000 in debt she acknowledges as validly hers, she has paid less than $200. Despite past medical issues, periods of unemployment dating back to the early 2000s, and a modest income, Applicant's recent attempts to address her debts are insufficient to mitigate significant financial considerations security concerns. Clearance denied. CASE NO: 10-03412.h1


Financial

10/26/2011

Applicant is an employee of a defense contractor. In October 2010 the government interviewed him regarding approximately $22,000 of delinquent debt and the security concern implications. Applicant did not take any action to resolve or address his debts until August 2011. He failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial

10/26/2011

Applicant is a 51-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of more than $30,000 in delinquent debts, which are currently unresolved. Applicant failed to present sufficient evidence to overcome the security concerns. Clearance is denied. CASE NO: 11-00751.h1


Financial

10/26/2011

Applicant failed to mitigate the financial considerations security concern generated by his delinquent debts. Clearance is denied. CASE NO: 11-00058.h1


Financial

10/26/2011

Applicant mitigated the Financial Considerations concern. He established that his financial problems were due to matters outside of his control and he has resolved his past indebtedness in a responsible manner. Clearance is granted. CASE NO: 10-11079.h1


Personal Conduct

10/26/2011

On November 28, 2008 in a public park, Applicant solicited sexual activity from an undercover police officer, and he exposed his genitals to the police officer. He received a citation for soliciting a lewd act from the police officer. He failed to disclose this citation on his May 17, 2010 security clearance application. Personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-08838.h1


Drugs

10/26/2011

Applicant, 26, illegally used drugs from January 2001 until May 2010. He is commended for disclosing his illegal drug use in his security clearance application. Notwithstanding, in light of his age, the period he used drugs, the recency of his use, and the little corroborating evidence about a permanent lifestyle change and disassociation from his drug-using friends, I find that not enough time has passed to establish that Applicant’s use of drugs is unlikely to recur. His recent behavior casts doubt on his reliability and judgment. Clearance is denied. CASE NO: 10-08569.h1


Guideline F; Guideline E

10/26/2011

Applicants are expected to take timely reasonable steps to protect their rights under the Directive. Applicant has not shown that he was denied due process. Adverse decision affirmed.


Financial

10/26/2011

Applicant is 61 years old and is employed by a defense contractor. Applicant accumulated unpaid child support debts totaling $37,424.32 based on the state record or $40,382.44 as listed in the SOR. He did not resolve this debt. Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-07165.h1


Financial

10/26/2011

Applicant is a 37-year-old employee of a defense contractor. She provided sufficient evidence to mitigate the security concerns arising from her delinquent debts. Clearance is granted. CASE NO: 10-07120.h1


Financial; Personal Conduct

10/26/2011

Applicants financial problems, falsification of his October 2001 clearance application, and false and misleading statements during subject interviews in May 2002 and November 2005, render him an unsuitable candidate for access to classified information. Clearance denied.


Guideline H

10/26/2011

The Judge’s challenged credibility determination is based on a reasonable interpretation of the record evidence. Adverse decision affirmed.


Financial

10/26/2011

Applicant incurred more than $23,000 in delinquent debt over the past four years. He did not demonstrate either changed circumstances or sufficient income to resolve those debts or remain solvent in the future. Financial security concerns were not mitigated. Eligibility for access to ADP I/II/III sensitive information is denied. CASE NO: 10-04531.h1


Personal Conduct; Criminal Conduct

10/26/2011

Given Applicant's 20-year history of criminal conduct and deliberate omission of material information from his Public Trust Position Application (SF 85P) in April 2008, the passage of time and Applicant's good work record is insufficient to meet his ultimate burden of persuasion under the criminal conduct and personal conduct guidelines. Eligibility for public trust position is denied.


Personal Conduct

10/26/2011

Applicant is a 50-year-old employee of a defense contractor. In 2008, he falsified information on a security clearance application. He failed to mitigate the security concerns arising from those falsifications. Clearance is denied. CASE NO: 09-00266.h1


Alcohol

10/26/2011

Applicant has mitigated the security significance of his alcohol-related incidents in the past. Clearance is granted. CASE NO: 07-04479.h1


Financial; Drug Involvement

10/25/2011

Applicant has not resolved his delinquent accounts. He has not mitigated the security concerns under the financial considerations guideline. Applicant's last use of marijuana was in 2010. He tested positive for marijuana in 1982 while in the military. Clearance is denied. CASE NO:11-01277.h1


Financial

10/25/2011

Applicant is a 31-year-old employee of a defense contractor. He was financially secure before his wife was diagnosed with cancer and his salary was significantly reduced after his employer lost business. His finances are now back in order, and he has a plan to address his delinquent debts. Financial considerations security concerns are mitigated. CASE NO: 10-09116.h1


Financial

10/24/2011

Applicant incurred financial problems after he retired from the military with a back injury and because of limited work opportunities where he lived. He negotiated a payment plan and continues to make the negotiated payments on the largest SOR debt. He resolved three other small debts and is working with his insurance carrier to pay the unpaid medical bills. He has sufficient monthly income to meet his expenses and pay his bills regularly. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-03277.h1


Drugs

10/24/2011

Applicant mitigated the Drug Involvement concern. He established that his use of marijuana in 2005 and 2008 occurred under unusual circumstances and will not recur in the future. Clearance is granted. CASE NO: 11-01283.h1


FOREIGN INFLUENCE; FINANCIAL

10/24/2011

Applicant, a naturalized U.S. citizen, was born in Pakistan. He mitigated the alleged financial concerns by resolving the delinquent debts alleged in the SOR. However, he failed to mitigate the foreign influence concerns raised by his close familial relationships with individuals who are residents and citizens of Pakistan. Clearance is denied. CASE NO. 10-10713.h1


Sexual Behavior

10/24/2011

Applicant did not mitigate the Sexual Behavior security concerns. Eligibility for access to classified information is denied. CASE NO: 10-10338.h1


Financial;

10/24/2011

Applicant failed to mitigate security concerns under the guideline for financial considerations because she has delinquent debt that she has not paid and has not submitted evidence to show that she has made payments on her consolidation plan. Clearance is denied. CASE NO: 10-09127.h1


Foreign Preference; Outside Activities; Financial

10/24/2011

Applicant mitigated the security concerns raised by her ties to persons and interests in South Korea. She also mitigated security concerns about outside activities and about a large past-due debt. Clearance is granted. CASE NO: 10-09079.h1


Drugs; Criminal Conduct; Personal Conduct

10/24/2011

Applicant’s marijuana possession violated federal law, showed poor judgment, and raised security concerns. He stopped using marijuana in January 2011. More time is needed without illegal drug use to fully mitigate security concerns. Eligibility for access to classified information is denied. CASE NO: 10-08217.h1


Financial

10/24/2011

Applicant did not file his Federal and state income tax returns for five years and acquired a significant debt. Notwithstanding, since August 2009, he has made a good-faith effort to resolve these debts, established a track record of financial responsibility, and demonstrated that his financial problems are being resolved and are under control. He now understands what is required of him to be eligible for a security clearance. Clearance is granted. CASE NO: 10-07265.h1


Financial

10/24/2011

Applicant is 34 years old and employed as a Project Engineer by a defense contractor. His history of excessive indebtedness brought on by a number of high risk investments and an extravagant lifestyle; coupled with an unexpected collapse in the real estate market, specifically the sub-prime mortgage industry that drastically effected his income, has not been mitigated. He has filed for Chapter 7 bankruptcy and some of his debts have recently been discharged. He continues to have financial problems. There is insufficient evidence of financial rehabilitation at this time. Clearance is denied. CASE NO: 10-05358.h1


Foreign Preference

10/24/2011

Applicant and his wife have immediate and extended family members that live in Afghanistan. He established that his ties and sense of obligation to the United States are sufficiently strong that he could be expected to resolve any conflict of interest in favor of the United States. He made significant contributions to deployed U.S. forces under dangerous, high-risk circumstances. He mitigated the foreign influence security concerns raised. Clearance is granted. CASE NO: 10-04666.h1


FINANCIAL

10/24/2011

Although Applicant has resolved the $382 of delinquent debts alleged in the SOR, the status of the debts included in his Chapter 13 bankruptcy petition dismissed in December 2003 and an IRS tax lien entered against him in May 2004 for over $18,000 remain unresolved. Accordingly, clearance is denied. CASE NO. 10-04657.h1


Financial

10/24/2011

Applicant’s statement of reasons (SOR) lists nine debts totaling $30,816. After crediting him for paying one debt for $933 and filing bankruptcy, there is insufficient information to fully mitigate financial considerations because of his history of financial problems. Eligibility for access to classified information is denied. CASE NO: 10-01527.h1


Foreign Influence

10/24/2011

Applicant was a Jordanian citizen by birth. Her parents are citizens of Jordan and reside in both Jordan and the West Bank. She has a brother and two sisters who are citizens of Jordan and reside in the West Bank. She also has a brother who is a citizen of Jordan and resides in Saudi Arabia. She is married to a U.S. citizen and has four children who were born in the United States. She has submitted paperwork to renounce her Jordanian citizenship. She has mitigated the Foreign Influence security concerns. Eligibility for access to classified information is granted. CASE NO: 10-00450.h1


Criminal Conduct

10/21/2011

Applicant failed to mitigate the criminal conduct security concern generated by his history of domestic violence. Clearance is denied. CASE NO: 11-03025.h1


Financial

10/21/2011

Applicant is 53 years old and employed as a Flight Line Inspector by a defense contractor. The Applicant's history of financial indebtedness partially caused by circumstances beyond his control namely, a divorce, job lay-offs, his mother's death and associated expenses, unexpected car repairs and a back injury, and partially caused by poor financial management has been mitigated. Applicant has taken financial management courses and is living within a budget. He has borrowed money from his 401(k) and resolved all of his delinquent debts except his first and second mortgages. He is in the process of a loan modification that is likely to be approved, and will be addressing the mortgages soon. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-10885.h1


Financial

10/21/2011

Applicant is 62 years old and employed as a Chaplain by a defense contractor. A federal tax lien entered against him for back taxes due for tax years 1998, 1999 and 2000 in the approximate amount of $23,443, has been owing and due for the past ten years. His assertion that the statute of limitations has run and that he is no longer legally responsible for the debt is insufficient mitigation. Clearance is denied. CASE NO: 10-07411.h1


Guideline F

10/21/2011

Applicant’s household income is $150,000. His delinquent debts total $41,000. Adverse decision affirmed.


Financial

10/21/2011

Applicant is 38 years old and employed as an Information Technician by a defense contractor. Her history of excessive indebtedness has not been sufficiently mitigated. She did not intentionally conceal material information from the Government on her security clearance application concerning her delinquent debts. There is insufficient evidence of financial rehabilitation at this time. Clearance is denied. CASE NO: 10-04219.h1


Guideline F

10/21/2011

The Judge held the record open for three weeks after the hearing for Applicant to provide additional documentation. Applicant was not denied an opportunity to present evidence in his case. Adverse decision affirmed.


Financial

10/21/2011

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-02766.h1


Guideline E; Guideline D; Guideline J

10/20/2011

The Judge found that Applicant had admitted to another government agency that he had searched for, accessed, and viewed internet images of child pornography. The Judge’s findings of fact walked the reader through multiple lengthy and inconsistent statements that Applicant had made to the other agency or to DOHA about his statement to the other agency. The Judge’s finding that Applicant had viewed child pornography is sustainable. Adverse decision affirmed. CASE NO: 010-04741.a1


Guideline I

10/20/2011

The Judge’s conclusion that the record raises unresolved questions and doubts about Applicant’s eligibility and suitability for a security clearance is sustainable. Applicant’s assertions that DOHA did not properly inform her of procedures after the clinical psychologist submitted her report were unfounded. Adverse decision affirmed. CASE NO: 08-08721.a1


Financial Considerations; Personal Conduct

10/19/2011

Applicant is a 45-year-old employee of a defense contractor. He had five tax liens filed against him in 2002 for failure to pay state and Federal pay roll taxes. Applicant has not mitigated Financial Considerations or Personal Conduct security concerns caused by his long history of inaction on his delinquent tax debts. Eligibility for access to classified information is denied. CASE NO: 11-00779.h1


Financial

10/19/2011

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-10625.h1


Financial

10/19/2011

Applicant has addressed all of the alleged past due debts through the protection of a Chapter 7 Bankruptcy, by which those debts have been discharged. Clearance is granted. CASE NO: 10-08465.h1


Guideline B

10/19/2011

Evidence of Applicant’s connections to Russia and Pakistan were significant. Additionally, while holding a security clearance, Applicant traveled to Russia to meet women he had discovered on the internet. Applicant’s evidence was not sufficient to mitigate the heightened risk of foreign exploitation. Favorable decision reversed. CASE NO: 10-07436.a1


Foreign Influence

10/19/2011

Applicant failed to mitigate the Foreign Influence concern raised by his family and close friends who are citizens and residents of China. Clearance is denied. CASE NO: 10-04991.h1


Guideline E

10/19/2011

Given record evidence, to include admissions by Applicant, that Applicant’s security significant conduct constituted an act of fraud, the Judge’s credibility determination was sustainable. The Judge’s findings constitute a reasonable interpretation of the record evidence. Adverse decision affirmed. CASE NO: 09-07597.a1


Drugs; Personal Conduct

10/17/2011

Applicant has a history of Percocet abuse and was diagnosed with opiate dependence. She did not present reliable evidence to show that she has overcome her opiate dependence, or that she is under medical treatment and her drug problem is under control. Moreover, she made numerous deliberate false statements through the security clearance process. Clearance is denied. CASE NO: 11-01526.h1


Personal Conduct

10/17/2011

Applicant served in the military for 20 years, including foreign deployments. After his discharge, he joined a federal agency in a supervisory position. Four years later, he violated a federal law by engaging in a political discussion during duty hours, and indicating his own preferences regarding an election to his subordinates. He was terminated from his position, and barred from future federal employment. In the three years since his offense, he has not engaged in similar activity, and has performed at a high level in his current job. He submitted references from superiors indicating he has been a trusted and reliable military and civilian worker. Given the serious consequences of his action, he is unlikely to engage in such conduct in the future. Clearance is granted. CASE NO: 10-07613.h1


Financial

10/17/2011

Applicant had 11 collection and past-due accounts, which totaled approximately $23,000. She has paid or is making monthly payments on the accounts except for two small accounts that together total approximately $350. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 10-07416.h1


Guideline B

10/17/2011

The Judge discussed Applicant’s service in Afghanistan in the appropriate context. His conclusion that Applicant’s service did not outweigh the evidence of security concern was within his discretion. Adverse decision affirmed.


Guideline J; Guideline G; Guideline G

10/17/2011

Disposition of a criminal case in a favorable or somewhat favorable fashion does not preclude a Judge from finding that the applicant engaged in the underlying conduct. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

10/17/2011

Applicant is 41 years old. He has provided sufficient information to mitigate the security concerns under Guideline J (Criminal Conduct), but failed to mitigate security concerns arising under Guidelines F (Financial Considerations) and E (Personal Conduct. Clearance is denied. CASE NO: 10-01239.h1


Guideline E; Guideline D; Guideline F

10/17/2011

Applicant failed to disclose several foreign trips. He frequented brothels on several of his foreign trips.. Applicant’s disagreements with the Judge’s weighing of the evidence is not sufficient to demonstrate error. Adverse decision affirmed.


Financial

10/14/2011

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-09065.h1


Financial

10/13/2011

Fifty-five-year-old Applicant’s financial delinquencies commenced before his lay-off and nearly six-month period of unemployment in early 2009. He acknowledged that before he was laid off in January 2009, his credit cards were getting close to being “maxed out.” He was irresponsible with his spending. His residence went into a foreclosure status and credit cards and charge accounts became delinquent. Even after he was again employed, making an annual salary of $72,000, he resolved only one SOR account (the residence foreclosure that was accepted into the loan modification program) and two non-SOR accounts (the child support arrearage and the HOA arrearage), but he has effectively ignored all of the other accounts. He keeps promising to resolve his delinquent accounts and has made certain assertions about them being in the process of being resolved, but he has submitted no documentary evidence to support his contentions that he has repayment agreements for all of the accounts. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 10-09149.h1


Alcohol, Criminal Conduct, Personal Conduct

10/13/2011

Applicant is 51 years old. He committed four alcohol-related offenses from 1993 to 2007 and also has other criminal violations in his history. He failed to disclose all of his past offenses on his security clearance application. Applicant has abstained from consuming alcohol since 2008. I find Applicant mitigated the security concerns under the Alcohol Consumption guideline, but failed to mitigate the security concerns under the Criminal Conduct and Personal Conduct guidelines. Clearance is denied. CASE NO: 10-03646.h1


Alcohol

10/13/2011

Applicant’s pattern of alcohol-related incidents, binge drinking, diagnosis of alcohol dependence, and relapse after a diagnosis of alcohol dependence, has not been mitigated. Eligibility for public trust position is denied.


Guideline F

10/12/2011

Applicant does not cite to anything which would rebut the presumption that the Judge considered all th evidence. Adverse decision affirmed.


Guideline F

10/12/2011

On appeal Applicant submitted her Bankruptcy discharge. The Board cannot consider new evidence. Adverse decision affirmed.


Drugs; Personal Conduct

10/12/2011

Applicant purchased and used hashish (marijuana) in April 2010, while working for a Government contractor in a foreign country, and after he was granted a top secret security clearance in 2007. His behavior is recent and it continues to cast doubt on his reliability, judgment, and ability and willingness to comply with the law and follow rules. Clearance is denied. CASE NO: 10-06512.h1


Financial

10/12/2011

Applicant’s statement of reasons (SOR) lists five debts totaling $24,910. Applicant’s spouse handles the family’s financial matters. On March 28, 2009, she placed 10 of the family’s 11 delinquent debts into a 47-month debt-consolidation plan (DCP), and she has consistently made monthly $450 payments into their DCP. Applicant and his spouse have been making $150 monthly payments on their other delinquent debt for 24 months. All debts are in current status. Financial considerations concerns are mitigated. Access to classified information is granted. CASE NO: 10-03615.h1


Criminal Conduct; Personal Conduct

10/11/2011

While in the Air Force, Applicant received numerous awards and decorations, but she also was reprimanded in November 2003 for violating a regulation and insubordination; convicted in a civilian court of assault and battery on her cohabitant and violation of a protective order; and received nonjudicial punishment for disrespect to a superior commissioned officer. She was fired from her first civilian job for failing to record an absence on her time card. Clearance is denied. CASE NO: 11-00281.h1


Foreign Influence

10/11/2011

Applicant failed to mitigate the Foreign Influence concern. She is close to her mother and sister, who are citizens and residents of Russia. This situation raises a heightened risk of foreign exploitation and potential conflict of interest with Applicant’s obligation to safeguard classified information. Clearance is denied. CASE NO: 10-08415.h1


Foreign Influence

10/11/2011

Applicant is 27 years old and works for a defense contractor. Applicant was born and raised in the Sudan. He became a U. S. citizen in 2002 after immigrating to the United States in 2001 under his father’s sponsorship. He traveled there three times between 2005 and 2008 for lengthy visits with his relatives. Applicant maintains frequent contact with his immediate family in the United States and his Sudanese relatives. Applicant has strong connection to the Sudan. Applicant did not mitigate the foreign influence security concerns. Clearance is denied. CASE NO: 10-05937.h1


Alcohol; Financial

10/07/2011

Applicant has considerable bad debts, which he has been unable to pay. He also has abused alcohol for many years, including two DUIs, which showed poor judgement on his part. Mitigation is not shown as a whole. Clearance is denied CASE NO: 09-07196.h1


Sexual Behavior; Personal Conduct

10/06/2011

Applicant is 30 years old. He downloaded and viewed child pornography from 1997 to 2006. He held a top secret security clearance with access to sensitive compartmented information from 2003 to 2006. Applicant failed to mitigate the security concerns under Guideline D, Sexual Behavior, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-10482.h1


Financial

10/06/2011

Applicant is 45 years old. He was a successful businessman. He changed businesses to real estate investments in 2004. The real estate market later took a downturn and he accumulated numerous debts. He has resolved or is resolving all of his business debts. Applicant is attempting to modify his child support order. However, he decided to unilaterally decrease his child support payments due to changed circumstances. He is aware he is not abiding by the court order. I find Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-09478.h1


Drugs

10/06/2011

Applicant’s marijuana use on approximately 30 occasions over a 15-year period shows lack of judgment. He risked arrest and prosecution each time he possessed marijuana. Such judgment lapses raise questions about Applicant’s reliability, trustworthiness, and ability to protect classified information. His marijuana use under all of the circumstances raises a serious security concern, and a security clearance is not warranted at this time. CASE NO: 10-09071.h1


Financial Considerations

10/06/2011

Applicant is a 44-year-old employee of a defense contractor. He is alleged to be indebted to two creditors in the approximate amount of $45,041 on two delinquent credit cards. Applicant has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:10-02170.h1


Foreign Preference; Foreign Influence

10/04/2011

Applicant failed to mitigate the security concerns posed by his Russian wife, Russian mother-in-law, and a friend, an Iranian citizen and resident. Clearance is denied. CASE NO: 11-00251.h1


Guideline M; Guideline E

10/04/2011

Although this was a decision on the written record, without an opportunity for the Judge to consider Applicant as a live witness, her evaluation and weighing of the record evidence necessarily entailed a determination as to the credibility of Applicant’s case for mitigation. The record supports this credibility determination by the Judge. It also supports her analysis of the mitigating conditions. Favorable decision affirmed. CASE NO: 10-07794.a1


Guideline J; Guideline E

10/04/2011

There is no merit to Applicant’s contention that he was limited to providing yes or no answers in his response to the government’s FORM, or that he was otherwise denied an opportunity to submit matters in his own behalf. Applicant also challenges the Judge’s finding that he left the scene of an accident. The record evidence supports the Judge’s finding on this matter. Adverse decision affirmed. CASE NO: 10-06195.a1


Guideline H; Guideline E

10/04/2011

Applicant used marijuana from 1999 to January 2010 and had purchased marijuana. Applicant had also been arrested in May 2002 on possession of marijuana with intent to distribute marijuana charges. Although the Judge found in favor of Applicant with respect to the Guideline E allegations, he reasonably explained why the mitigating evidence was insufficient to overcome the government’s security concerns under Guideline H. Adverse decision affirmed. CASE NO: 10-04042.a1


Financial

10/04/2011

Applicant failed to mitigate security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 10-02194.h1


Guideline F

10/04/2011

Applicant has not made an assertion of harmful error. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 09-07254.a1


Guideline F

10/04/2011

A Judge is presumed to have considered all of the record evidence. Applicant has failed to demonstrate error in the manner in which the Judge weighed the record evidence. Adverse decision affirmed. CASE NO: 08-11258.a1


Drugs

09/30/2011

Applicant tested positive for marijuana in a random drug test. Clearance is denied. CASE NO: 11-01662.h1


Financial

09/30/2011

Applicant is a 30-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from her delinquent debts. Clearance is denied. CASE NO: 11-00247.h1


Financial

09/30/2011

Applicant earned a modest income, but co-signed on loans and accounts for his own daughter and for the children of his ex-girlfriend. He no longer lives with them, and has taken significant steps to resolve his delinquencies. He has paid several debts, and disputed others which have been deleted from his credit report. Applicant's debts are not related to exorbitant spending, or to drug or alcohol abuse, or gambling. His trustworthiness is not at issue. Clearance is granted. CASE NO: 10-10631.h1


Drugs

09/30/2011

Applicant, 29, illegally used marijuana from January 2006 until June 2010. He is commended for disclosing his illegal drug use in his security clearance application (SCA). Notwithstanding, in light of his age, his recent use of marijuana, and the little corroborating evidence about a permanent lifestyle change and disassociation from his marijuana-using friends, I find that not enough time has passed to establish that Applicant’s use of marijuana is unlikely to recur. His recent behavior casts doubt on his reliability and judgment. Clearance is denied. CASE NO: 10-10379.h1


Financial

09/30/2011

Applicant has filed two bankruptcy petitions in the past. The Statement of Reasons alleges his current delinquent debts amount to more than $37,000. Applicant admitted six of the seven alleged debts, but provided no evidence that he had paid any debts, despite being on notice during the security clearance process that they were a security concern. He stated he has filed a Chapter 13 bankruptcy petition, but offered no proof. His debts remain unresolved. Clearance is denied. CASE NO: 10-10271.h1


Personal Conduct; Financial

09/30/2011

Applicant is 45 years old, divorced, and has two children. She works for a defense contractor. She incurred nine delinquent debts totaling $84,139 listed in the SOR. Applicant repaid or resolved through several methods all of these delinquent debts. Applicant was terminated in March 2009 by her physician employer. Applicant demonstrated the firing was not justified and part of a pattern of management terminations. Applicant mitigated the Personal Conduct and Financial Considerations trustworthiness concerns. Clearance is granted. CASE NO: 10-09499.h1


Sexual Behavior; Foreign Influence

09/30/2011

Applicant mitigated the Foreign Influence concerns that were generated by his relatives who are citizens and residents of India, but failed to mitigate the Sexual Behavior security concerns generated by his viewing child pornography. Clearance is denied. CASE NO: 10-08661.h1


Drug Involvement

09/30/2011

Applicant smoked marijuana as a high school student and extensively as a college student. He experimented with hallucinogenic mushrooms and ecstacy in 2009. He also used pain killers and Adderall without a prescription while in college. He last used illegal drugs in November 2010. He has not mitigated the security concerns about his past drug use. Clearance is denied. CASE NO: 10-07068.h1


Alcohol; Drugs

09/30/2011

Applicant is 54 years old and employed by a defense contractor. Applicant has a history of illegal drug and prescription medication abuse. She also has record of excessive alcohol consumption. Both conditions date from her high school years. Applicant was identified in 1999 with these problems and completed an out-patient rehabilitation program. She relapsed in 2007 and was again identified through workplace drug testing with the same problems in 2009. She attended an in-patient treatment program in 2009, admitted her dependencies and has followed the post-rehabilitation recommendations. Applicant mitigated the security concerns raised under Guideline H pertaining to her drug involvement and Guideline G relating to her alcohol consumption. Clearance is granted. CASE NO: 10-05290.ht1


Criminal Conduct

09/30/2011

Applicant mitigated the security concerns raised by his February 2000 arrest—and subsequent conviction—for breaking and entering, robbery, and use of a firearm, by his successful completion of his sentence, his early release from prison and probation, and his change in lifestyle after prison, including his pursuit of higher education, engagement to the mother of his young twins, and purchase of a home. Clearance granted.


Finances

09/30/2011

Applicant denied approximately $87,500 in delinquent or past due debt, but provided no documentary evidence showing that any of the debts at issue had been disputed, satisfied, or addressed. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE NO: 10-00155.h1


Financial

09/30/2011

Applicant purchased an expensive home, using two adjustable-rate mortgages to finance 100% of the purchase price. After he was involuntarily retired from the Navy and his income from a second job as a real estate agent declined because of the downturn in the housing market, he fell behind on his payments and the property was foreclosed. Although he has been employed since April 2009, he has done nothing to resolve the deficiencies on his first and second mortgages after foreclosure. Clearance is denied. CASE NO: 10-00045.h1


Criminal Conduct

09/30/2011

In April 2000, Applicant was placed on probation for one year after he uttered a check that he and his friends found in a misplaced backpack. In February 2010, he was charged with selling bootleg digital video discs, a felony, and disposition was deferred until February 2012. In July 2010, he was charged with falsifying a criminal history form in connection with purchase of a firearm, a felony. He pleaded guilty to a misdemeanor and was placed on probation for three years. Clearance is denied. CASE NO: 09-07151.h1


Foreign Influence; Personal Conduct

09/30/2011

Applicant mitigated Foreign Influence security concerns but failed to mitigate Personal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05224.h1


Financial

09/30/2011

Applicant acquired 13 debts totaling $19,616 that have been delinquent for a number of years. Her evidence is insufficient to establish a good-faith effort in the resolution of these 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 is denied. CASE NO: 09-01284.h1


Financial

09/29/2011

Applicant is 37 years old and employed as an Engineer Technician by a defense contractor. His history of excessive indebtedness caused by a job lay-off from 2005 to 2006 has not been mitigated by a good faith effort to resolve his debts. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-11124.h1


Financial

09/29/2011

Applicant has mitigated the security concerns under the financial considerations guideline. Applicant has satisfied his delinquent debt which was the result of a failed family business and the real estate decline. Clearance is granted. CASE NO: 10-10912.h1


Financial

09/29/2011

Applicant admitted she owed three creditors approximately $15,000 for charged-off accounts. In her answer to the SOR, she asserted she had recently resolved the three delinquent debts, and she provided documentation corroborating that the debts had been resolved. However, Applicant’s personal financial statement showed that she was financially over-extended, spent more than she earned, and had no savings or other assets. Her documentation did not reveal how she obtained the money to pay her delinquent debts, raising concerns about her judgment, reliability and trustworthiness. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-10447.h1


Financial

09/29/2011

Applicant is 42 years old and employed as a Facility Security Officer by a defense contractor. His history of indebtedness, caused by a collapse in the housing market and poorly timed real estate investments, has been mitigated by a good faith effort to resolve his debts. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-09194.h1


Financial

09/29/2011

Applicant is 31 years old and employed as a Material Coordinator by a defense contractor. His excessive indebtedness cause by a failed business venture has been mitigated by a good faith effort to resolve his debts. He has also filed state and federal income tax returns for tax years 2007, 2008 and 2009 and has no tax liability. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-08743.h1


Financial

09/29/2011

Applicant is 52 years old and employed as an Interpreter by a defense contractor. Her history of excessive indebtedness has been resolved by a good faith effort to resolve her debts. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-08172.h1


Financial

09/29/2011

Applicant is a 44-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. CASE NO: 10-08123.h1


Personal Conduct

09/29/2011

Applicant mitigated the security concerns raised by his experimental marijuana use in spring 2008 and his alcohol arrest in December 2009 by changing his lifestyle and refraining from all illegal drug use and any alcohol consumption. Clearance granted.


Financial

09/29/2011

Applicant is a 40-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. CASE NO: 10-07219.h1


Drug Involvement

09/29/2011

Applicant used marijuana from 1995 to 2007 and then again in January 2010. Even though his clearance application was denied in 1999 due to illegal drug use, he continued to smoke marijuana. Applicant has failed to rebut or mitigate the security concerns under drug involvement. Clearance is denied. CASE NO: 10-06840.h1


Financial

09/29/2011

Applicant is 44 years old and employed as the Vice President by a defense contractor. His history of excessive indebtedness brought on by poorly timed real estate investments, and his company financial hardships that directly effected his income, has now been resolved. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-05869.h1


Drugs; Personal Conduct

09/29/2011

Applicant has a history of illegal marijuana use between 1980 and January 2011. He continued to use marijuana after being granted access to classified and sensitive information. He lied about his illegal marijuana use on security clearance and trustworthiness applications in October 1995, December 1999, and June 2009. Concerns raised under the drug involvement and personal conduct guidelines are not mitigated. Clearance is denied. CASE NO: 10-03495.h1


Foreign Influence

09/29/2011

Applicant is a U.S. citizen, married to a Tunisian citizen. He works for a federal contractor in Bahrain. His wife is in touch with her family members in Tunisia weekly, but Applicant does not speak their language, and has contact only during annual visits to Tunisia. His wife owns vacant land and an apartment in Tunisia. She plans to sell the land. Applicant’s U.S. assets of about $200,000 and his ties to the United States are more significant his wife’s ties to Tunisia. He served in the military for nine years. While in the military and during his contractor positions, he held a top secret clearance for 16 years without incident. Clearance is granted. CASE NO: 10-01773.h1


Financial

09/29/2011

Applicant is an employee of a federal contractor since 1989. Applicant failed to mitigate the security concerns raised under the financial considerations guideline related to her failure to resolve or pay income taxes for 2005, 2006, 2007, and 2008. She has known of the concerns for over two years. Clearance is denied.


Financial

09/29/2011

Applicant is 44 years old and employed as a Flight Test Engineer by a defense contractor. His excessive indebtedness caused by the collapse in the housing market, coupled with his poorly timed real estate investment decisions, has been mitigated by a good faith effort to resolve his debts. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-00099.h1


Financial

09/29/2011

Applicant is a 29-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns arising from his delinquent debts. Clearance is denied. CASE NO: 09-07563.h1


Financial

09/28/2011

Applicant has addressed all but one of her delinquent debts and is attempting to find assistance in addressing that final debt. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 11-03285.h1


Foreign Influence

09/27/2011

Applicant has a sister, brother, two step-sisters, and a brother-in-law who are all residents and citizens of Pakistan. He failed to mitigate the foreign influence security concerns. Clearance denied. CASE NO: 11-01920.h1


Foreign Influence

09/27/2011

Applicant was born and raised in Taiwan. He came to the United States in 1982 and obtained advanced degrees. He and his wife reside in the United States. They are both U.S. citizens. Applicant has worked in the aerospace industry for more than 20 years without incident. He has a brother and an aunt who are citizens and residents of Taiwan. After weighing all the factors and security concerns in this case, Applicant has mitigated the security concerns for foreign influence. Eligibility for a security clearance is granted. CASE NO: 10-10206.h1


Drugs

09/27/2011

Applicant failed to mitigate the Drug Involvement and Personal Conduct concerns. He used marijuana in 2001 and 2009 while possessing a security clearance. He failed to demonstrate that he will not use illegal drugs in the future. Clearance is denied. CASE NO: 10-10068.h1


Financial

09/27/2011

Despite a substantial income, Applicant is financially overextended and has significant delinquent mortgage debt on a rental property. 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. CASE NO: 10-09349.h1


Financial, Criminal Conduct, and Personal Conduct

09/27/2011

Applicant has numerous arrests and some convictions, primarily occurring from 2001 to 2006. He has delinquent debts going back as far as 2001 that remain unpaid. He falsified information he provided on his security clearance applications and at his security interviews in 2007 and 2009. His actions raise doubts as to his judgment and trustworthiness. Clearance is denied. CASE NO: 10-08728.h1


Foreign Preference; Foreign Influence

09/27/2011

Applicant failed to mitigate the security concern generated by his relatives who are citizens and/or residents of Pakistan. Clearance is denied. CASE NO: 10-06707.h1


Financial; Personal Conduct

09/27/2011

Applicant is an experienced federal contractor who held a security clearance in the past. When he completed and certified a security clearance application in 2010, Applicant failed to report a home mortgage foreclosure, unpaid judgments, accounts in charged-off and collection status, and a financial delinquency of over 180 days in the past seven years. His denial of deliberate falsification was not credible. 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: 10-06464.h1


Financial

09/27/2011

Applicant failed to mitigate the Financial Considerations concerns. He has accumulated over $48,000 in delinquent debts and failed to provide proof that he either satisfied his debts or otherwise resolved them. Clearance is denied. CASE NO: 10-06063.h1


Financial

09/27/2011

Applicant is 43 years old and single. She works for a defense contractor. She incurred 16 delinquent debts totaling $17,784 listed in the SOR. Applicant did not repay any of these delinquent debts. Applicant did not mitigate the financial considerations security concern. Clearance is denied. CASE NO: 10-03712.h1


Financial

09/27/2011

Applicant failed to mitigate the Financial Considerations concerns. He has not paid his mortgage since February 2009, is currently over $90,000 in arrears, and his house is in foreclosure. Clearance is denied. CASE NO: 10-02805.h1


Handling Protected Information

09/27/2011

Applicant received, worked with, and stored classified material at his home office in violation of his consulting agreement and the NISPOM. He did not present sufficient information to mitigate the security concerns for his actions. Eligibility for access to classified information is denied. CASE NO: 09-06685.h1


Personal Conduct; Financial

09/27/2011

Applicant’s debts were discharged in a 1998 bankruptcy proceeding. Since then, he acquired 19 debts, totaling close to $40,000, that have been delinquent for many years. He failed to establish a track record of financial responsibility in addressing his legal obligations. Additionally, his unmitigated personal conduct security concern creates doubt about his judgment, reliability, trustworthiness, and his ability to follow the law, rules, and regulations. Eligibility to occupy a public trust position is denied. CASE NO: 08-10098.h1


Foreign Influence

9/27/2011

Applicant mitigated the Government’s security concerns under Guideline B, foreign influence, raised by his business contacts, friendship with a long-time friend, and small bank account in China through his longstanding relationships with the U.S. and minimal financial interests in China. Applicant’s eligibility for a security clearance is granted. CASE NO: 08-06473.h1


Financial; Personal Conduct

09/26/2011

Applicant has addressed all of his past due debts. He did not willfully falsify his e-QIP, and he is not subject to coercion vis-a-vis his extramarital affair. Clearance is granted. CASE NO: 09-04976.h1


Financial

09/25/2011

Applicant is 51 years old and employed as an Engineering Technician by a defense contractor. Her history of excessive indebtedness that was caused by a divorce, and a job lay off in 2008-2009, has not been resolved. The Applicant remains indebted in the approximate amount of $135,000.00. She plans to file bankruptcy but has not yet filed. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-03710.h1


Financial

09/23/2011

Fifty-five-year-old Applicant’s financial delinquencies commenced with a foreclosure in 1997 and have continued with additional foreclosures, defaulted education loans, and charged-off accounts. She chose to pay her son’s college expenses rather than remaining current with her accounts. She denied any delinquencies in February 2010, but subsequently acknowledged them. Applicant made little effort to work with her creditors until March 2011. While she provided some evidence of an initial payment for some accounts, she has submitted no documentary evidence to support her contentions that she has repayment agreements for all of the accounts or that she has made more than the initial payments. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied. CASE NO: 10-06468.h1


Financial, Personal Conduct:

09/23/2011

Applicant is 52 years old. He is retired from the military. He has no periods of unemployment in the past ten years. He and his wife chose to maintain two households for about three and a half years, when he accepted a career enhancing job. He had difficulty maintaining two households and used consumer loans and credit cards to pay some of his expenses. He accumulated approximately $60,000 in delinquent debt. He is resolving some of it through payment plans, but others are unresolved. Applicant deliberately failed to disclose all of his delinquent debts except for one 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: 10-04380.h1


Foreign Influence

09/23/2011

CASE NO: 09-01151.h1


Financial

09/22/2011

Applicant is a 46-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from her delinquent debts. Clearance is denied. CASE NO: 10-06819.h1


Criminal Conduct; Drugs

09/22/2011

Applicant, 23, has a three-year history of illegal marijuana purchase and use, highlighted by three brushes with the law, two for drug offenses and one for recklessly handling a firearm. He is currently on probation for the latter offense. He has not participated in substance-abuse counseling or treatment. He continues to associate with his marijuana-using friends and relatives. In light of his age and his failure to change his lifestyle, Applicant’s behavior continues to cast doubt about his reliability, judgment, and ability and willingness to comply with the law. Clearance denied. CASE NO: 10-05750.h1


Financial

09/22/2011

Applicant has not mitigated financial considerations security concerns caused by his long history of inaction on his delinquent accounts, despite a significant monthly net remainder of income over expenses. Eligibility for access to classified information is denied. CASE NO: 10-01494.h1


Financial

09/21/2011

Applicant incurred financial problems when he lost his job in 1996 and after his divorce in 2002. He filed for bankruptcy in 1996 and 2002, and the court discharged his debts under Chapter 7. As a result of the economic decline, in 2009, his wife's employer reduced her pay and his employer reduced his work hours. His employer laid him off in April 2010, causing more financial problems for Applicant, including a foreclosure on his house. Once he obtained a new job, he and his wife paid or resolved their unpaid debts, including debts listed in the SOR. Applicant mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 11-00178.h1


Drugs

09/21/2011

Applicant is 24 years old and employed by a defense contractor. Applicant used marijuana from December 2004 to April 2010. He provided some evidence of his intention not to use illegal drugs in the future. However, Applicant did not provide sufficient independent evidence to corroborate his assertions given his six year history of drug abuse. He has not participated in any form of drug treatment or random drug screenings. Applicant failed to mitigate the security concerns raised under Guideline H, pertaining to his drug involvement. Clearance is denied. CASE NO: 10-10794.htl


Drugs, Criminal Conduct, Personal Conduct

09/21/2011

Applicant failed to mitigate the Drug Involvement, Criminal Conduct, and Personal Conduct concerns. She used marijuana on several occasions from 2007 to 2010. She used marijuana after twice being arrested and convicted for illegal drug possession. Her last use of marijuana occurred after she signed her employer's drug policy, which prohibits its employees from using illegal drugs. Applicant also falsified her security questionnaire by failing to disclose the full extent of her past drug involvement and tax debts. Clearance is denied. CASE NO: 10-10087.h1


Drugs

09/21/2011

Applicant smoked marijuana at times weekly from about January 2007 to April 2009. From September 2009 to December 2009, Applicant used marijuana and nitrous oxide weekly. He also experimented with LSD, Concerta, Ambien, and amyl nitrate at different times that fall. Applicant stopped his drug use in December 2009, with the exception of abusing Concerta and ecstasy once each in February 2010. He does not intend to abuse any illegal drug in the future. Clearance granted. CASE NO: 10-10086.h1


Financial

09/21/2011

Applicant incurred financial problems when he and his second wife separated and divorced and he experienced periods of unemployment, some of which were voluntary. During this time, he accumulated significant debts. He paid two small debts and took steps to resolve several other small debts. His largest debts remain unresolved. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-09703.h1


Financial

09/21/2011

Applicant’s SOR alleges a history of substantial debt, debt that he asserts was caused by a failed trucking business. The debt is broken down in two parts – 11 separate delinquent debts totaling $134,508 and 35 separate debts totaling $328,690 that were included in his Chapter 13 bankruptcy filed in September 2008. The bankruptcy was dismissed in 2009 for failure to make agreed payments. Included among Applicant’s debts is $188,741 owed to the Internal Revenue Service and $27,334 owed to his state tax authority. Applicant’s evidence is insufficient to mitigate the financial security concerns raised. Clearance is denied.


Foreign Preference; Foreign Influence

09/21/2011

The Applicant has not mitigated the security significance of his possession of a current Iranian passport. In addition, he did not mitigate the security significance of his family, financial, and property interests in Iran. Clearance is denied. CASE NO: 10-02922.h1


Personal Conduct; Information Technology; Alcohol

09/21/2011

Applicant had a number of alcohol-related incidents both on and off the job, including two driving under the influence (DUI) offenses and getting suspended from work because he showed up smelling of alcohol. He also misused company resources and violated company policy by accessing pornographic web sites from his work computer. During the course of his trustworthiness investigation, he falsified information to investigators and in answering questions. Applicant did not mitigate the trustworthiness concerns. Eligibility for access to sensitive information is denied. CASE NO: 10-02010.h1


Foreign Preference; Foreign Influence; Outside Activities

09/21/2011

Applicant is a highly regarded engineer who relocated to Australia following his retirement from a U.S. defense contractor with over 20 years service. Once he relocated to Australia, he went to work for an Australian government organization and obtained Australian citizenship, an Australian passport, and an Australian security clearance. He also acquired Australian realty and established Australian bank accounts. While Applicant has surrendered his Australian passport, he has declined to renounce his dual Australian citizenship, citing Australian restrictions on non-Australian citizens owning real estate in the country. Further, he has declined to relinquish his Australian security clearance, which creates conflicts of interest that cannot be mitigated without a waiver. Applicant mitigated foreign influence concerns by demonstrating the absence of any heightened risks associated with his possessing an Australian security clearance and maintaining Australian contacts and financial interests. Clearance is denied. CASE NO: 08-05047.h1


Drug Involvement

09/20/2011

Applicant used marijuana periodically from 1993 to 1997, on two occasions in 2009 during a stressful family situation, and had a security clearance from 2000 to the present time during which he used the marijuana in 2009. Applicant made significant changes in his life, attended counseling, and is well-regarded by his business colleagues. Applicant mitigated the Drug Involvement security concerns. Eligibility for access to classified information is granted. CASE NO: 10-03635.h1


Alcohol; Drugs; Criminal Conduct

09/20/2011

Applicant's alcohol and drug abuse occurred when he was a teenager. He is now a mature, introspective young man who has been alcohol and drug free for nearly two years, is actively involved in Alcoholics Anonymous (AA), and is thriving on the job. He has mitigated the alcohol consumption, drug involvement, and criminal conduct security concerns. Clearance is granted. CASE NO: 10-03259.h1


Foreign Influence; Financial

09/20/2011

Applicant’s wife is a citizen of Afghanistan residing in the United States with his family. His mother-in-law and brother-in-law are citizens and residents of Afghanistan. Applicant’s foreign contacts raise security concerns even though he has distinguished himself as a contract Arab linguist serving with the U.S. military in a war zone. Additionally, Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-01997. h1


Financial

09/20/2011

Applicant is a 37-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from four delinquent mortgages. Clearance is denied. CASE NO: 10-00133.h2


Foreign Influence; Personal Conduct

09/20/2011

Applicant is a 43-year old employee of a defense contractor. His parents, mother-in-law, and brother-in-law are all citizens and residents of India. He also owns two properties and has a bank account in India. The security concerns under Guideline B have not been mitigated due to his close relationship with his parents. The alleged falsifications of two questionnaires, under Guideline E, were unproven. Eligibility for access to classified information is denied. CASE NO: 09-05812.h1


Personal Conduct

09/20/2011

Applicant has not mitigated the Personal Conduct security concerns related to his criminal history, employment history, and falsification surrounding his police record, alcohol arrests, and use of illegal substances. Eligibility for access to classified information is denied. CASE NO: 09-01488.h1


Alcohol; Criminal Conduct; Personal Conduct

09/19/2011

Applicant's history of alcohol abuse and alcohol-related criminal conduct generates a security concern. Applicant has abstained from alcohol for approximately a year and has been diligently committed to sobriety, working with a therapist and immersing himself in volunteer activities with Alcoholics Anonymous (AA). Clearance is granted. CASE NO: 10-07604.h1


Security Violations; Personal Conduct; Information Technology

09/19/2011

Applicant stored classified documents in a laptop, an external hard drive, and at home in violation of security rules and regulations. He then attempted to conceal his questionable behavior by deleting classified documents from his laptop prior to delivering the laptop to Government investigators. He violated the trust and confidence placed in him by the Government. Clearance denied. CASE NO: 10-04911.h1


Guideline F

09/19/2011

Judge’s statements that Applicant’s financial problems arose from circumstances outside his control and that Applicant had done all he could to resolve them were not consistent with the Judge’s ultimate adverse decision. Best result is to remand for a new decision that addresses the mitigating conditions and whole-person factors as they apply to each of the SOR allegations. Adverse decision remanded. CASE NO: 10-04405.a1


Guideline F

09/19/2011

There was no unfair surprise in the Judge’s reference to, and consideration of, gambling debts referenced in Applicant’s own evidence. Conduct not alleged in a SOR may be considered for certain purposes, such as the sufficiency of an applicant’s case for mitigation, a whole person analysis, etc. Adverse decision affirmed. CASE NO: 10-03430.ind


Drug Involvement; Personal Conduct

09/19/2011

Applicant used oxycontin without a physician’s order from 2008 until February 2010. He has not used the illegal drug since he completed a rehabilitation and counseling program. He established that he changed his life away from illegal drug use. However, in the security clearance process, he deliberately omitted relevant drug use information on his security clearance application and lied about his use and possession of oxycontin to a security investigator. He has not mitigated security concerns for his personal conduct. Eligibility for access to classified information is denied. CASE NO: 10-02982.h1


Personal Conduct

09/19/2011

Applicant has mitigated the security concerns under the personal conduct guideline. Applicant met her burden of proof. Clearance is granted. CASE NO: 09-00818.h1


Personal Conduct: Financial

09/16/2011

Applicant is 53 years old. He retired from the Navy in 1999. He failed to pay his federal and state income taxes on time and has tax liens. He incurred other debts that were delinquent for years, including a judgment. He recently paid some of his debts. Applicant intentionally failed to disclose his delinquent debts, judgment, and tax liens on his security clearance application. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct, and Guideline F, Financial Considerations. Clearance is denied. CASE NO: 11-01325.h1


Financial

09/16/2011

Applicant is a 40-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: 11-00191.h1


Financial

09/16/2011

Since January 2011, Applicant has paid $1,500 toward an $18,403 credit card judgment debt, and she has satisfied some minor medical debts that were in collection. Yet, she has made no efforts to resolve a $5,678 charged-off balance owed a jewelry and camera retailer, an investment mortgage loan debt of $121,157 that is $47,539 past due and in foreclosure, or a telephone debt of $3,370 in collection. A second investment property was foreclosed on with $116,663 due on that loan, although the property was reclaimed to settle that debt. The financial considerations concerns are not fully mitigated. Public trust position denied. CASE NO: 10-08051.h1


Financial; Personal Conduct

09/16/2011

Applicant has four delinquent debts established by credit reports that have not been resolved. He denies responsibility for the debts. He unreasonably claims that two debts were caused by his family members and were the fault of the creditors. He denies a tax lien claiming it was dismissed, but failed to document the taxes are no longer owed. He has not paid his mortgage because he does not want to put his funds in a poor investment. He has not mitigated security concerns based on financial considerations. He has mitigated security concerns for personal conduct because he did not deliberately provide false information on his security clearance application. Eligibility for access to classified information is denied. CASE NO: 10-06791.h1


Financial

09/16/2011

Applicant is a 45-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of 32 accounts totaling more than $40,000 in bad debt. Many of the delinquent debts stem from medical bills, which raise little if any security concerns. None of the other bad debt, totaling approximately $22,000, is resolved. Applicant failed to present sufficient evidence to overcome the security concerns stemming from her problematic financial history. Clearance is denied. CASE NO: 10-00943.h1


Financial

09/16/2011

From 2007 to 2009, Applicant accrued delinquent debts that included a balance on an unpaid mortgage and home equity loan for a residence that went into foreclosure after her husband left the country. She resolved all debts but those related to the house for which she and her former husband are jointly liable. She recently hired a lawyer to resolve the mortgage and home equity issues. Based on her long military service and continued support for the military through her civilian work, and recent actions to resolve her financial obligations, Applicant mitigated the security concerns raised under the Financial Considerations guideline. Clearance is granted.


Financial; Personal Conduct

09/15/2011

Applicant has had a history of overdue debts, many of which have not been resolved. Additionally, Applicant failed to return a bonus of $25,000 to his employer, after he was terminated for cause and requested to do so. Mitigation has not been shown. Clearance is denied.


Personal Conduct

09/15/2011

In June 2008, the Children's Court determined that Applicant had physically abused her daughter and Applicant's daughter could no longer live with Applicant and the girl's father. As of June 14, 2011, the daughter still did not live with Applicant, but continued to live in a foster home. In 2008, the Court ordered Applicant to attend parenting classes, anger management classes, and family counseling classes, each for one year. Applicant has attended no classes. Mitigation has not been shown. Clearance is denied.


Alcohol

09/15/2011

Applicant's alcohol abuse has resulted in three DUI convictions, the most recent one occurred in 2007, after he had attended a security clearance hearing during which he promised that he would receive no further DUIs, and before the Administrative Judge granted him a clearance. He continues to consume alcohol until the present despite being advised at AA meetings that he should abstain completely. Mitigation has not been shown. Clearance is denied.


Financial; Personal Conduct

09/15/2011

Applicant has had a history of overdue debts, all of which have now been resolved. The underlying conduct of spousal battery, for which Applicant's was arrested and pled guilty to a lesser charge, did not occur. Mitigation has been shown. Clearance is granted.


Financial

09/14/2011

Applicant failed to mitigate security concerns resulting from his unresolved financial delinquency, a debt of $203,000. Clearance is denied. CASE NO: 11-00423. h1


Drugs; Personal Conduct; Alcohol

09/14/2011

Applicant is a 51-year-old employee of a defense contractor. He smoked marijuana periodically for much of his adult life, including for several years while holding a security clearance. He tested positive for marijuana in 2008 and June 2010. Applicant mitigated personal conduct and alcohol consumption security concerns, but he has not mitigated drug involvement security concerns. Clearance is denied. CASE NO: 11-00391.h1


Financial

09/14/2011

Applicant is a 32-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of eight accounts totaling about $271,000 in bad debt, the vast majority of which is unresolved. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 11-00031.h1


Drug Involvement

09/14/2011

Applicant’s 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: 10-10999.h1


Financial

09/14/2011

Applicant is a 59-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns raised by her failure to meet her financial obligations. Clearance is denied. CASE NO: 10-10430.h1


Personal Conduct

09/14/2011

Applicant is a 32-year-old employee of a federal contractor. The evidence shows he has five traffic-related offenses during 2000 2009. On three occasions, courts issued bench warrants for his arrest after he failed to pay fines. On one occasion during a traffic stop in 2006, he provided a false name to a police officer. He was arrested, charged, and pleaded guilty to the misdemeanor offense of providing false information to a peace officer, and he served about ten days in jail. He is still in the process of paying the fines from the 2006 and 2009 offenses. When he completed a security clearance application in January 2010, he disclosed his 2009 arrest, but he did not disclose his 2006 arrest. He provided multiple and conflicting explanations for his failure to disclose the 2006 arrest. Clearance is denied. CASE NO: 10-04344.h1


Guideline F

09/13/2011

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


Guideline B

09/13/2011

The Judge’s conclusion that Applicant had made inconsistent statements was supported by the record evidence. The Judge’s essential findings are supported by substantial record evidence. Adverse decision affirmed. CASE NO: 10-01846.a1


Guideline F

09/13/2011

Judge sent ex parte request to Department Counsel seeking additional information from Applicant. The request never reached Applicant. Adverse decision remanded. CASE NO: 09-08295.a1


Guideline F

09/13/2011

Once the government has produced substantial evidence to establish security significant conduct or circumstances, the burden is on the applicant to explain, rebut, extenuate or mitigate the security concerns. Adverse decision affirmed.


Drugs

09/09/2011

Applicant is 23 years old. He used marijuana three times a year when he was attending college. He stopped using it after he graduated. He has not used it in more than a year and has no intention to use any illegal drugs in the future. He no longer associates with those who use drugs. He is focused on his career. Applicant mitigated the security concerns under Guideline H, Drug Involvement. Clearance is granted. CASE NO: 10-10056.h1


Financial

09/09/2011

Applicant is a 44-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: 10-08560.h1


Drugs

09/09/2011

Applicant used marijuana on multiple occasions, with his most recent use in September 2009. Applicant failed to mitigate this security concern. Clearance denied. CASE NO: 10-03484.h1


Drug Involvement; Personal Conduct

09/09/2011

Applicant used marijuana, with varying frequency, from 2000 to 2008. She used marijuana after being granted a security clearance in 2005. She was not candid about her drug use on her security clearance application, in an interview with an authorized OPM investigator, and in response to DOHA interrogatories. Applicant’s illegal drug use and her failure to be candid about her drug use raise concerns about her judgment, reliability, and trustworthiness. She failed to mitigate security concerns under the drug involvement and personal conduct adjudicative guidelines. Clearance is denied. CASE NO: 10-02330.h1


Financial, Foreign Influence

09/08/2011

Applicant did not take any action to address three debts that have been delinquent about five years and now total more than $38,000. Financial considerations concerns are not mitigated. Foreign influence concerns raised by his marriage to a Turkish citizen, and her relationships with her family in Turkey are mitigated. Access to classified information is denied. CASE NO: 10-09334.h1


Guideline B; Guideline E

09/07/2011

Applicant has not demonstrated that Judge erred in concluding that Applicant’s two false statements and her foreign contacts were not mitigated.. Adverse decision affirmed.


Guideline F

09/07/2011

Applicant requests the Board give him more time to address his debts. The Board does not have that authority. Adverse decision affirmed.


Guideline E

09/07/2011

The mere passage of time cannot be viewed in isolation and must be evaluated with reference to all the facts and circumstances of the case. Adverse decision affirmed.


Financial

09/06/2011

Applicant is 43 years old and employed as a Technical Trainer by a defense contractor. Applicant's excessive indebtedness caused by circumstances beyond his control namely, a job lay-off in January 2009 that continued for eighteen months until July 2010, has not been mitigated by sufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 11-00160.h1


Foreign Influence

09/06/2011

Applicant left his native India and came to the United States in 1998. He became a naturalized citizen in 2008. His wife and children, also born in India, became naturalized citizens in 2009. He and his wife started a business in 2004 that subcontracts work for defense contractor and is successful. His brother is a permanent resident alien living and working in the United States. His parents are immigrating here. He mitigated the foreign influence concerns raised by two sisters, parents, and in-laws, who are residents and citizens of India. Clearance is granted.


Financial

09/06/2011

Applicant acquired 10 debts, totaling over $104,000, that have been delinquent for a number of years. She presented no documentary evidence to establish financial responsibility in the acquisition of the debts, or of good-faith efforts in the resolution of the debts in a timely manner. Although she has made some recent efforts to resolve her financial problems, at this time, her efforts are insufficient to establish a track record of financial responsibility, or that her financial problems are under control. Clearance denied. CASE NO: 10-05108.h1


Personal Conduct

09/06/2011

On October 10, 2009, Applicant was charged with Driving Under the Influence (DUI) and Possession of Marijuana. An order of Nolle Prosequi was entered on April 13, 2011, dismissing all charges with the case to be refiled as a Reckless Driving offense. Applicant admits he was driving under the influence and credibly testified the marijuana did not belong to him. His overall conduct and reputation are exemplary. Clearance is granted. CASE NO: 10-04763.h1


Guideline F

09/06/2011

Applicant alleges he was denied due process because he was unable to present a witness. The witness was unable to get onto the base where th hearing was held. The Judge permitted Applicant to submit a letter from the witness instead. Adverse decision affirmed.


Drugs; Personal Conduct

09/06/2011

Applicant abused methamphetamine to the point of medically diagnosed addiction while holding a Department of Energy security clearance in 2002. Within a year of completing substance abuse treatment, he abused cocaine on several occasions between September 2003 and May 2004. Applicant deliberately omitted his then recent abuse of cocaine when he applied for his first Department of Defense clearance in September 2004. While he disclosed the cocaine abuse when he reapplied for a security clearance in September 2009, Applicant has not been candid about the September 2004 falsification. The drug involvement and personal conduct security concerns are not fully mitigated. Clearance denied. CASE NO: 10-00818.h1


Financial

09/06/2011

Applicant is 31 years old and employed as a Military Tactical Advisor by a defense contractor. The Applicant's history of excessive indebtedness caused by five years of under-employment has been resolved by a good faith effort to resolve his delinquent debts. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-00106.h1


Guideline F

09/06/2011

Hearing Office decisions are not binding on other hearing office judges nor on the Appeal Board. Adverse decision affirmed.


Guideline E

09/06/2011

In answer to interrogatories, Applicant swore to the accuracy of a previous statement subject to attached comments. His counsel stipulated to admission of the exhibit. The Judge’s decision to give the exhibit no weight was unreasonable. The Judge’s failure to apply two disqualifying conditions and his whole person analysis are not sustainable given record evidence


Financial; Drugs

09/06/2011

Applicant incurred some delinquent debts after a change-of-station move, and due to personnel office errors when he was discharged from the Navy. He worked aggressively to resolve them all. He used marijuana a few times in high school, and once while camping in 2008. Applicant fully mitigated resulting security concerns. Eligibility for access to classified information is granted. CASE NO: 08-11427.h1


Financial

08/31/2011

Applicant is 49 years old and employed as an Engineering Systems Analyst by a defense contractor. His history of excessive indebtedness was caused by a wife that enjoyed spending money, and a divorce and the expenses associated with it. Since 2010, the Applicant has been working diligently to resolve his delinquent debts, all stemming from the marriage. He has either paid off the debt or set up a payment plan that he is following. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 11-01672.h1


Financial

08/31/2011

Due to a decline in his business, Applicant’s spouse and Applicant fell behind in the mortgage payments on an investment property that they purchased in March 2005 for $285,750. They tried to modify the loan without success, and a judgment of foreclosure was entered against them in February 2010 in the amount of $316,381.44. A collection agency is pursuing them for $50,000, but the debt is not likely to be a source of financial pressure for Applicant. Clearance granted. CASE NO: 11-00027.h1


Financial

08/31/2011

Applicant was alleged to have incurred five debts totaling $31,264. He incurred these debts following his 2004 retirement from the Army, his 2005 divorce, and subsequent unemployment and underemployment. Upon further review, the total amount of debt he owed was established to be $19,517, an $11,747 difference. He has paid three of the five debts, is making payments on one of the debts, and will begin paying off the last debt when able to do so. Applicant also has a demonstrated record of having held a security clearance during his 20-year Army career. Applicant has mitigated security concerns raised. Clearance is granted.


Drugs

08/31/2011

Applicant abused a variety of illegal drugs between October 2006 and June 2010. He purchased several controlled substances, and he cultivated and sold psilocybin. Applicant regrets his illegal drug use, and he does not intend to use any illicit substance in the future. However, his drug involvement was too extensive and recent to conclude that it is safely in the past. Clearance denied. CASE NO: 10-10170.h1


Financial

08/31/2011

Applicant is 51 years old and is employed by a defense contractor. Applicant accumulated eight delinquent debts totaling $19,288. He did not resolve any of these debts. Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-09607.h1


Financial

08/31/2011

Applicant is responsible for over $47,000 in unresolved delinquent debt, and she lacks a viable plan for resolving her debts. She failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 10-07570.h1


Financial; Personal Conduct

08/31/2011

Applicant has a history of financial irresponsibility as indicated by 24 delinquent accounts discovered during his background investigation. While he claims he resolved or disputed several of the delinquent accounts, he provided no evidence to corroborate his assertions. He deliberately failed to list his delinquent accounts on his March 2010 security clearance questionnaire. Security concerns are not mitigated. Clearance is denied. CASE NO: 10-07318.h1


Financial, Drug Use

08/31/2011

The Statement of Reasons alleges delinquent debts amounting to more than $120,000. Applicant provided evidence that she had filed a Chapter 7 bankruptcy petition, but no evidence that it has been discharged. Before the security clearance process began, Applicant took few steps to resolve her debts. Applicant also used marijuana intermittently for the past 40 years. She used it after being questioned about illegal drug use at her security clearance interview. Clearance is denied. CASE NO: 10-06264.h1


Foreign Influence; Financial

08/31/2011

Applicant is 44 years old. He emigrated from Nigeria with his family 2001 and became a naturalized U.S. citizen in 2007. His wife and two elder children are also naturalized U.S. citizens. His two younger children were born in the U.S. He has some family in Nigeria, but mitigated the Foreign Influence security concerns. Applicant had his home foreclosed and the time has expired to pursue a deficiency judgment on the first loan. Through his attorney, he is negotiating a settlement on the second loan. He has no other delinquent debts. Applicant mitigated the Financial Considerations security concerns. Clearance is granted. CASE NO: 10-05707.h1


Financial

08/31/2011

In 2006, Applicant learned that he had fathered a child during a “one-night stand” and that he owed child support back-dated nine years to the date of the child’s birth. He is paying $500 per month on this debt by garnishment of his military retired pay. He fell behind on other debts due to unexpected medical expenses, car repairs, and uninsured vandalism of his home. A mortgage debt is now current, and two other debts are being paid through a consumer credit counseling program. Clearance is granted. CASE NO: 10-04218.h1


Foreign influence

08/31/2011

Applicant owns two companies which seek to do business as defense contractors. Applicant was born in India, but has lived in the United States for 37 years and is a U.S. citizen. Applicant is 64 years old. Applicant has siblings and his wife’s parents living in India. He traveled there six times in the past 10 years. Applicant’s parents are deceased. His children were born in the United States. Applicant mitigated the foreign influence security concern. Clearance is granted. CASE NO: 10-03826.h1


Financial

08/31/2011

Applicant incurred some delinquent debts, including his mortgage, after his wife lost her job, then chose to separate from him pending divorce. He assumed their joint obligations on his salary alone, resulting in a temporary inability to remain current on all debts. His sole remaining delinquency is his mortgage loan, and he is executing a manageable agreement to bring that current. Eligibility for access to classified information is granted. CASE NO: 10-02113.h1


Financial

08/31/2011

Applicant is 30 years old and is employed by a defense contractor. Applicant accumulated nine delinquent debts totaling $35,200. She did not resolve any of these debts. Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-01937.h1


Drugs; Personal Conduct; Criminal Conduct

08/31/2011

In September 2009, approximately two months after completing a security clearance application, Applicant was arrested and charged, among other things, with possession of heroin. He later pleaded guilty. Although he has not used heroin since the arrest, and has completed court-ordered community service, the criminal case was still open at the time of the issuance of the Statement of Reasons (SOR). Under these circumstances, it is too soon to conclude Applicant has mitigated the security concern. Clearance is denied. CASE NO:10-01073.h1


Foreign Influence; Financial Considerations

08/31/2011

Applicant is a 55-year-old employee of a defense contractor. He has one sister and two brothers residing in Saudi Arabia. His mother and two other sisters reside in Egypt. His foreign family members raised a security concern under Foreign Influence. He mitigated the Foreign Influence security concerns by demonstrating he has deep and longstanding loyalties to the U.S. He is also alleged to have a history of indebtedness including two debts in the approximate amount of $14,207, raising security concerns under Financial Considerations. Applicant mitigated the Financial Considerations security concerns because the debts were caused by unforeseen circumstances beyond his control, and he has acted responsibly with respect to his debts. His debts are now satisfied. Eligibility for access to classified information is granted. CASE NO: 10-00345.h1


Financial

08/31/2011

Applicant owes approximately $50,000 in delinquent federal and state income taxes. Although he recently retained a tax consultant to help him implement a payment plan, this is insufficient to mitigate the security concern in light of the amount that is delinquent and the length of time the delinquencies have been outstanding. Clearance is denied. CASE NO: 09-07979,h1


Financial

08/31/2011

Applicant is 46 years old, married, and has four children. He works for a defense contractor. He incurred 30 delinquent debts totaling $89,703. Applicant repaid 28 delinquent debts dating to 2001, disputed two debts, and negotiated new terms on his primary mortgage. Applicant did not falsify his SF-85P when he failed to list his tax liens in answering Question 20(a). Applicant mitigated the financial considerations and personal conduct trustworthiness concerns. Clearance is granted. CASE NO: 09-07749.h1


Financial

08/31/2011

Even though Applicant received a Chapter 7 bankruptcy discharge in January 2009, he still has two delinquent student loan accounts that have not been mitigated. The adverse personal conduct is mitigated by the passage of more than five years without the recurrence of acts of poor judgment. Eligibility for access to classified information is denied.


Foreign Influence

08/30/2011

Applicant was born in Lebanon and has lived in the United States since 1989. Members of his family remain in Lebanon and he keeps in touch them. He has worked for federal agencies since 2000, and has held a high-level clearance without incident since 2003. Applicant volunteered for dangerous duty in a combat zone in 2005 and in 2006. He has provided highly valued contributions through his knowledge of five languages, his cultural understanding, and his negotiation and terrorism training skills. His performance in sensitive positions and proven contribution to U.S. missions outweighs his ties to family in Lebanon. Clearance is granted. CASE NO: 10-05461.h1


Financial; Personal Conduct

08/30/2011

Applicant is 35 years old and employed as a Product Development Technician by a defense contractor. His history of excessive indebtedness partially caused in part by a reduction in overtime, a relationship breakup with his fianc‚, and unexpected child support obligations. Since 2009, the Applicant has been working hard to resolve his indebtedness, and has presently paid off all of his debts in the SOR, except four. He plans to pay them next. There is sufficient evidence of financial rehabilitation. He did not intentionally conceal material information from the Government on his security clearance application concerning his finances. Clearance is granted. CASE NO: 10-04647.h1


Foreign Influence

08/30/2011

Applicant has mitigated the security concerns under the foreign influence guideline. He is a naturalized U.S. citizen who lives in the United States with his U.S. wife and son. He has held a security clearance for some years without incident. He has strong ties to the United States. Clearance is granted. CASE NO: 10-04255.h1


Financial Considerations

08/30/2011

Sixty-five-year-old Applicant’s financial problems commenced when the economy and local housing market plummeted in 2008, following years of unprecedented growth. His one rental property, purchased in 2005 with two mortgages totaling $648,000, lost substantial value, and he was forced to lower the rent to retain renters. The rent no longer covered his mortgage payments. After speaking with his mortgage holder, and following the advice of both his attorney and his realtor, Applicant stopped making his mortgage payments and sought mortgage modifications and short sales, but was unsuccessful. The mortgages are in pre-foreclosure status. One foreclosure suit was dismissed and the other is pending. Applicant is current on all other accounts and has not incurred any delinquent debts since 2008. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 10-04046.h1


Criminal Conduct; Financial

08/30/2011

Applicant's misdemeanor convictions for Driving Under the Influence (DUI), Cruelty to Animals, and Reckless Conduct were isolated incidents that are unlikely to recur. They have been mitigated. However, he deliberately falsified the security clearance application he submitted on October 18, 2009, by failing to disclose the arrest that led to the Cruelty to Animals and Reckless Conduct convictions. Clearance is denied. CASE NO: 10-02717.h1


Guideline F; Guideline E

08/30/2011

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Neither did he demonstrate that the Judge mis-weighed the record evidence. Adverse decision affirmed. CASE NO: 10-02576.a1


Guideline F; Guideline G; Guideline J

08/30/2011

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. A prior good security record does not preclude an adverse decision. Adverse decision affirmed. CASE NO: 09-06775.a1


Financial

08/30/2011

Applicant is 47 years old and employed as a Division Manager by a defense contractor. His history of excessive indebtedness caused by a failed business has been mitigated by a good faith effort to pay his delinquent debts. Sufficient mitigation is shown. Clearance is granted. CASE NO: 09-06445.h1


Financial; Personal Conduct; Criminal Conduct

08/30/2011

Applicant is a 51-year-old employee of a defense contractor. He rebutted personal conduct security concerns and mitigated criminal conduct concerns, but he has not mitigated the concerns raised by his financial problems. Clearance is denied. CASE NO: 09-01166.h1


Financial Considerations; Personal Conduct

08/29/2011

Applicant has a history of financial problems that remain unresolved. His two convictions for money-related crimes indicate a pattern of questionable judgment. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the financial and personal conduct security concerns. This case is decided against Applicant. CASE NO. 11-00026.h1


Financial

08/29/2011

Applicant incurred numerous delinquent debts due to a period of unemployment and uninsured medical expenses to treat his wife’s cancer. He resolved many debts before the SOR was issued. He resolved three of the six debts alleged in the SOR, is making payments on two debts, and has a specific and realistic plan to resolve the one remaining debt. Clearance is granted. CASE NO: 10-07419.h1


Financial; Personal Conduct

08/29/2011

Applicant fell behind on his debt payments after being laid off and then returning to work at substantially less pay. He waited two years to adjust his lifestyle to his reduced income. He intentionally omitted a $15,422 home-improvement debt from his security clearance application. Clearance is denied. CASE NO: 10-04430.h1


Financial Considerations

08/29/2011

The evidence shows that between fall 2006 and fall 2010, Applicant accumulated $52,000 in delinquent debt. He filed for Chapter 7 bankruptcy protection in July 2011. Although bankruptcy is a legitimate method of resolving delinquent debt, Applicant has not demonstrated a record of financial reform and rehabilitation. Accordingly, clearance is denied. CASE NO. 10-01219.h1


Financial

08/29/2011

Applicant is a 42-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns arising from state and federal tax liens. Clearance is denied. CASE NO: 09-07064.h1


Financial

08/26/2011

Applicant is a 29-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties. Although he has made honest efforts to address his multiple delinquent debts, he is still facing about $30,000 in delinquent debt that he is unlikely to resolve anytime soon. At present, it is simply too soon to tell if Applicant's problematic financial history is a thing of the past or a harbinger of things to come. Clearance is denied. CASE NO: 10-04373.h1


Foreign Influence

08/26/2011

Applicant is a naturalized U.S. citizen who was born in Sudan. Her parents and three siblings are citizens and residents of Sudan. She has a close ongoing relationship with them, and visits Sudan to see them as often as she can. She has traveled there eight times in the past six years. Sudan has a poor human rights record. Moreover, her family lives in an area described by the State Department as having a high threat of terrorism. These facts, along with Applicant's strong ties to her Sudanese family, indicate that a heightened risk of exploitation exists. Clearance is denied. CASE NO: 10-04330.h1


Personal Conduct; Finances

08/26/2011

Applicant misused his corporate credit card on multiple occasions over a six- month period and accrued large deficiency balances on the card. Disciplined by his employer for violating the express terms of his credit card agreement, Applicant was required to repay the entire balance of charges his employer assumed when it reimbursed the credit card issuer. Applicant has since repaid the delinquent credit card debt, but remains subject to restrictions placed on him by his employer. Applicant's unrelated repossession deficiency is covered by a recent repayment agreement but is not accompanied by any payment track record. Although Applicant is highly regarded by his project manager and has a meritorious military service record, it is still too soon to safely absolve him of recurrence risks associated with his corporate credit card use and deficiency indebtedness. Clearance is denied. CASE NO: 10-03102.h1


Finances

08/26/2011

Applicant accumulated a number of delinquent debts over a ten-year period. His three largest debts involve remaining deficiencies on three properties that were foreclosed within the last two years. He has sought Chapter 13 relief, but provided no schedules or payment plan and remains at risk of dismissal of his petition. Adding to concerns over Applicant's finances is his failure to file federal and state tax returns in 2010 as required. Applicant does not mitigate security concerns associated with his finances. CASE NO: 10-02168.h1


Drugs; Personal Conduct

08/25/2011

Applicant’s 1999 use of marijuana is mitigated by the passage of time. Considering the evidence as a whole, he did not falsify his security clearance applications or make a false statement to a Government investigator. His performance and overall behavior demonstrates his reliability, judgment, and ability and willingness to comply with the law and follow rules. Clearance is granted. CASE NO: 10-08257.h1


Foreign Influence; Financial

08/25/2011

Applicant’s mother, brother, and sister are citizens and residents of Afghanistan. He intentionally failed to make eight payments on his home mortgage in an effort to qualify for a loan modification. When the lender obtained a judgment against him instead of modifying the loan, he paid the past-due amount in full. He mitigated the security concern based on financial considerations, but he has not mitigated the security concern based on foreign influence. Clearance is denied. CASE NO: 10-06615.h1


Sexual Behavior; Personal Conduct

8/25/2011

Applicant has successfully mitigated his immature sexual misconduct. Clearance is granted. CASE NO: 10-00195.h1


Alcohol; Personal Conduct

08/24/2011

Applicant, who began drinking alcohol at age 13, was a binge drinker for 38 years. In 1979, 1988, 1992, 1998, and 2005, Applicant was arrested and charged with Driving Under the Influence (DUI). His 2005 arrest and charge occurred while he was assigned to training by his employer, and, when learning of Applicant’s DUI, his employer terminated his employment contract. Although Applicant stated that he was active in Alcoholics Anonymous and other rehabilitative activities, he failed to provide a favorable prognosis from a duly qualified medical professional or a licensed clinical social worker who is a staff member of a recognized alcohol treatment program. Applicant failed to mitigate security concerns arising from his alcohol consumption and personal conduct. Clearance is denied. CASE NO: 10-08729.h1


Financial

08/24/2011

Applicant has not mitigated the security concerns under the financial considerations guideline. He has not resolved two delinquent home equity loans. Although, he is on the right track, he has not submitted sufficient evident to meet his burden. Clearance is denied. CASE NO: 10-06100.h1


Financial

08/24/2011

Applicant’s statement of reasons (SOR) lists five delinquent debts totaling $77,676. He did not provide proof of any payments to his SOR creditors. He failed to make sufficient progress in resolving his SOR debts, and financial considerations concerns are not mitigated at this time. Applicant’s eligibility for access to classified information is denied. CASE NO: 10-05657.h1


Alcohol

08/24/2011

Applicant began drinking alcohol in college. In 2001 and 2008, he was arrested and charged with Operating While Intoxicated (OWI). In 2008, Applicant was diagnosed as alcohol dependent by a licensed clinical social worker who was a staff member of a recognized alcohol treatment program. After completion of an alcohol rehabilitation program, he began to consume alcohol again, and he continues to drink alcohol. Applicant failed to mitigate security concerns arising from his alcohol consumption. Clearance is denied. CASE NO: 10-03469.h1


Guideline F

08/24/2011

Record evidence demonstrated that Applicant acquired mortgage debts under circumstances that undermined his trustworthiness, reliability, and good judgment. Record evidence was not sufficient to show that Applicant’s deficiency judgements were uncollectable and/or that the creditors had cancelled the debts. In any event, such evidence, even if available, would, under the facts of this case, be entitled to limited weight, in light of the circumstances under which Applicant’s financial problems originated. Favorable decision reversed. CASE NO: 10-01978.a1


Guideline F; Guideline H

08/24/2011

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Hearing Office decisions are binding neither on the Appeal Board or on other Hearing Office Judges. Adverse decision affirmed. CASE NO: 10-01355.a1


FINANCIAL

08/23/2011

Applicant failed to mitigate the Financial Considerations concerns. She has a history of spending beyond her means and failing to pay her debts. She recently had her debts discharged through bankruptcy, but failed to establish a consistent track record of responsibly handling her financial obligations. Clearance is denied. CASE NO: 10-05571.h1


Foreign Preference; Foreign Influence

08/23/2011

Applicant was born in Israel. He married a U.S. citizen in 1990, came to the United States in 1992, and became a U.S. citizen in 1996. His mother, brother, and a daughter from a previous marriage are citizens and residents of Israel. He used his Israeli passport to visit his family in Israel, but he had it cancelled when he learned that it raised security concerns. He has a nongovernmental retirement account in Israel that he established before he came to the United States. Clearance is granted. CASE NO: 10-03423.h1


Financial

08/23/2011

Applicant incurred financial problems from low wages, some unemployment, and excessive spending. She has resolved many of her past debts and all, but one, SOR debt. She cannot resolve the one remaining debt until a class-action lawsuit, of which she is a member, is completed. She has sufficient income each month to pay her bills. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-01762.h1


Financial; Criminal Conduct; Alcohol

08/23/2011

Applicant is 33 years old and employed as a Systems Analyst/Systems Trainer by a defense contractor. He has paid off or otherwise satisfied his delinquent debts, and his excessive indebtedness has been resolved. His 18 year history of alcohol abuse and related criminal conduct that includes three DUI's, the most recent in 2009, and one arrest for domestic violence after consuming alcohol, has not been mitigated by sufficient evidence of reform and rehabilitation. Applicant has only 24 months of sobriety. Clearance is denied. CASE NO: 10-01678.h1


Financial

08/22/2011

Applicant has nine delinquent debts totaling about $400,000. He has three delinquent mortgages on two properties, an unsatisfied judgment for unpaid condominium fees, and five delinquent medical debts. His mortgages are delinquent because he decided to “walk away” from bad real estate investments. He has filed a petition for Chapter 7 bankruptcy, but has not yet received a discharge. Clearance is denied. CASE NO: 11-00578.h1


Drugs

08/22/2011

Applicant used marijuana on multiple occasions for 43 years with his most recent use in December 2010. Applicant failed to mitigate this security concern. Clearance denied. CASE NO: 10-09794.h1


08/22/2011

In 1998, after leaving active duty and before obtaining his current job, Applicant used illegal drugs sporadically. He did so while a member of the U.S. Air Force Reserve. In 2003, when he completed a security clearance questionnaire, he falsified his answers related to illegal drug use. Due to the frequency of his use, the passage of time, and the likelihood the conduct will not recur, Applicant has mitigated the security concerns under personal conduct. Clearance is granted. CASE NO: 10-05748.h1


Use of Information Technology Systems; Drugs; Personal Conduct

08/22/2011

Applicant is a 24-year-old software/systems engineer for a defense contractor. He illegally accessed information technology systems when he was in high school and college, and he was involved in illegal drug use while in college. He has not done either since he joined the workforce more than two years ago. He mitigated use of information technology systems, drug involvement, and personal conduct security concerns. CASE NO: 10-04743.h1


Personal Conduct; Financial

08/22/2011

Applicant was fired from two jobs for inappropriate conduct and violations of company policy between 2005 and 2007. He also has failed to act on student loans that have been delinquent since 1996. Applicant deliberately withheld from his security clearance application the adverse information about his finances and his employment history. He also deliberately made false statements about his employment history during his subject interviews. Clearance is denied. CASE NO: 10-02062.h1


Guideline B

08/22/2011

Record reasonably supports Judge’s finding concerning the number of times Applicant’s mother visited Iran. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 10-01273.a1


Financial

08/22/2011

Applicant is a 47-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties (multiple delinquent debts). His indebtedness is largely unresolved. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 10-00922.h1


Financial

08/22/2011

Applicant is a 53-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties (multiple delinquent debts). He relied on credit in an attempt to keep his welding company afloat during a business downturn, which in time led to closure of his company. This circumstance was largely beyond his control and it is unlikely to recur. He has paid several debts, but others remain unresolved. Looking at the case as a whole, Applicant's financial problems were situational and directly related to the business failure as opposed to financial irresponsibility. Clearance is granted. CASE NO: 10-00076.h1


Guideline G

08/22/2011

Hearing Office decisions are not binding precedent. Applicant failed to mitigate security concerns arising from 17 years of excessive alcohol consumption, 3 arrests, and diagnosis of alcohol dependence. Adverse decision affirmed. CASE NO: 09-08248.a1


Sexual Behavior, Personal Conduct

08/22/2011

After being granted a security clearance by another government agency, Applicant routinely solicited foreign prostitutes while on official travel abroad; he also used marijuana one time while on official travel in a foreign country. He repeatedly displayed a disdainful attitude toward securing U.S. embassy security documents in his possession. He falsified two security clearance applications and provided misleading information to background investigators. At the hearing, Applicant continued to be dishonest, evasive, and did not take responsibility for his actions. Clearance is denied. CASE NO: 09-08213.h1


Financial

08/22/2011

Applicant made a decision to stop paying his monthly mortgage payments for his properties. He continued to accrue revenue from the rents generated by his rental properties, and income from his other business enterprise, and was seemingly capable of meeting most of his financial obligations. He simply decided not to pay his mortgages in an effort to force the mortgage lenders to comply with his wishes to lower his monthly payments and otherwise modify all of the mortgages. As a result, he permitted his mortgages to fall into arrears and become delinquent. As for his credit card and other delinquent accounts, Applicant has simply sought to force settlements with the assistance of attorneys. He disputed balances, but since 2008, has refused to pay undisputed amounts. He had $12,000 in savings and $30,000 in stocks and bonds. After paying his expenses, Applicant has a monthly remainder of between $4,000 and $5,000 available for discretionary spending – like paying his mortgages and delinquent debts – but he has refused to do so. Applicant’s actions raise substantial questions and doubts as to his security eligibility and suitability. He has failed to mitigate the continuing security concerns related to his financial considerations. Clearance is denied. CASE NO: 09-05889.h1


Personal Conduct; Alcohol

08/22/2011

Applicant has a history of alcohol abuse, including four alcohol-related driving offenses. Moreover, he falsified his 2006 security clearance application, made false statements to Government investigators, associated with foreign prostitutes and a foreign business man whom he believed was a member of organized crime, assisted the business man to establish a money laundering scheme, and failed to disclose such associations. Considering his falsifications, questionable behavior, and overall lack of credibility, Applicant’s past behavior continues to cast doubt on his reliability, judgment, and ability and willingness to comply with the law, rules, and regulations. Clearance is denied. CASE NO: 09-03174.h1


Financial

08/22/2011

Applicant is a 27-year-old employee of a defense contractor. Due to a complicated pregnancy, she was placed in an unpaid leave status at work for over one year. Additionally, her husband was recently unemployed for about one year. Those conditions beyond her control contributed to her becoming delinquent on 27 debts totaling $41,532. After returning to work, she paid her student loans and established a debt management program for some of the other debts. She has acted responsibly in addressing her delinquent debts and mitigated the security concerns arising from them. Clearance is granted. CASE NO: 09-01048.h1


Financial Considerations

08/19/2011

Applicant is a 35-year-old employee of a defense contractor. He is alleged to be indebted to two creditors in the approximate amount of $414,955 on two defaulted mortgages. Applicant mitigated the Financial Considerations security concerns, because the debts were caused by unforeseen circumstances beyond his control, and he has acted responsibly with respect to these two debts. Eligibility for access to classified information is granted. CASE NO: 10-10493.h1


Guideline H

08/19/2011

The Judge concluded that Applicant’s use of marijuana is not mitigated (even though four years have passed), given his failure to comply with previous commitments not to use illegal drugs and his age at the last use. Adverse decision affirmed.


Guideline F

08/19/2011

Applicant has failed rebut the presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Drug Involvement, Personal Conduct

08/18/2011

Applicant regularly used marijuana in college from March 2007 through March 2009. After being granted a security clearance in October 2009, he accepted marijuana, held it to his lips, decided not to partake in the drug, then put it back in circulation for others to use. He also lied about his past drug use on security clearance applications in June 2009 and May 2010, not confessing to his past drug use until the summer of 2010. Applicant has had insufficient time to demonstrate his commitment to abstinence or to overcome concerns regarding his capacity for reliability. Drug involvement and personal conduct security concerns remain unmitigated. Clearance denied. CASE NO: 10-10895.h1


Financial

08/18/2011

Applicant is 44 years old. She experienced financial problems when she moved with her active duty husband and believed her job was going to be transferred. It was not and she was unemployed and underemployed for a period. She and her husband separated and Applicant admitted she mismanaged her finances. She accumulated numerous delinquent debts. Applicant turned her finances around, paid most of her delinquent debts and is either paying or resolving the remaining debts. Applicant successfully mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 10-01519.h1


Guideline F

08/18/2011

Applicant submitted documents in response to the FORM that were not included in the record. Case remanded to the Judge for further processing. Adverse decision remanded. CASE NO: 10-00133.a1


Guideline F; Guideline E

08/18/2011

The Judge’s finding that Applicant deliberately omitted information from his security clearance application was sustainable. The Judge’s treatment of the mitigating conditions was reasonable. Adverse decision affirmed. CASE NO: 10-00036.a1


Drugs

08/17/2011

Applicant used and possessed marijuana on multiple occasions between high school and college. He also used ecstasy twice and Percocet one time. He stopped using all drugs in March 2010. He met his burden to establish mitigating conditions to his prior drug use. Clearance granted. CASE NO: 10-10781.h1


Financial

08/17/2011

Applicant's extensive history of financial problems, including nearly $53,000 in student loans delinquent since 1996, renders him an unsuitable candidate for access to classified information. Clearance denied.


Financial

08/17/2011

The Statement of Reasons alleges delinquent debts amounting to approximately $20,000. Applicant provided no evidence that she had paid any debts, despite being on notice during the security clearance process that they were a security concern. She stated she planned to use a credit repair agency, but offered no proof of retaining one. Her debts remain unresolved. Clearance is denied. CASE NO: 10-04595.h1


Foreign Preference; Foreign Influence

08/16/2011

Applicant is 33 years old. He was born in Thailand and became a naturalized U.S. citizen in 2006. He maintains a Thai passport and considers himself a dual citizen. He is not willing to renounce his Thai citizenship. He uses both his U.S. and Thai passport when he travels. His wife is a citizen of Thailand. His parents are permanent residents of the United States, but are citizens of Thailand. His brothers are dual citizens of the United States and Thailand. Applicant’s family all live in the same residence in the United States. Applicant travels to Thailand and one time moved there for a two-year period. He may move back to Thailand if his wife wants to return. Applicant failed to mitigate the security concerns under Guideline C, Foreign Preference, and Guideline B, Foreign Influence. Clearance is denied. CASE NO: 10-09073.h1


Personal Conduct

08/16/2011

Between 2003 and 2007, Applicant stole approximately $2,000 worth of cash and inventory from two previous employers. He has not committed such conduct in more than four years, and has been an exemplary employee with his current employer since 2007. These positive factors are insufficient to overcome the seriousness of the misconduct. Clearance is denied. CASE NO: 10-08388.h1


Foreign Influence; Foreign Preference; Personal Conduct

08/16/2011

Forty-five-year-old Applicant is an Israeli-born, naturalized (in 1994) U.S. citizen. His wife and child are native-born U.S. citizens residing in the United States. His mother and brother are dual citizens, with his mother residing in the United States, and his brother residing in both Israel and the United States. His relationships with more distant family members and a friend are not close. Other than service with the Israeli Defense Force, none of his family or friends has had any affiliation with the Israeli government or intelligence service. Applicant accepted a small monetary benefit from the Israeli government, voted in one Israeli election out of curiosity, and used his Israeli passport to travel between Israel and the United States after he became naturalized. The passport has since been destroyed and Applicant has expressed a willingness to renounce his Israeli citizenship. Applicant is well respected by his friends and colleagues for his honesty, integrity, and truthfulness. Concerns as to Applicant’s security eligibility and suitability have been satisfied. Clearance is granted. CASE NO: 10-08179.h1


Financial

08/16/2011

Applicant and his spouse began having financial difficulties around 2002. He took on a high interest rate mortgage while employed as a part-time consultant after their then four-year-old daughter was diagnosed with cancer. They were granted a financial fresh start through a Chapter 7 bankruptcy discharge in August 2004, but Applicant then underpaid his federal and state income taxes for several years. Their debt is being resolved through a Chapter 13 bankruptcy filed in May 2010, in which they have paid the trustee $835.35 per month since June 2010. However, the financial judgment concerns are not fully mitigated. Clearance denied. CASE NO: 10-04054.h1


Guideline J

08/16/2011

Judge’s conclusion that Applicant’s case raised Guideline J security concerns was sustainable. Judge’s whole-person analysis complied with the requirements of the Directive. The Judge’s credibility determination reflected a reasonable interpretation of the evidence. Adverse decision affirmed. CASE NO: 09-07714.a1


Guideline F

08/16/2011

The Board cannot consider new evidence on appeal. Judge’s material findings of security concern were supported by substantial record evidence. Applicant is responsible for presenting evidence in rebuttal, extenuation, or mitigation. Adverse decision affirmed. CASE NO: 09-07424.a1


Financial

08/15/2011

Applicant mitigated the security concerns under Financial Considerations guideline. She has resolved her delinquent debts. Clearance is granted. CASE NO: 10-09946.h1


Foreign Influence; Financial

08/15/2011

Applicant is 56 years old and employed as a Systems Administrator/Engineer Specialist by a defense contractor. His foreign connections that include his mother, sister, two brothers, and in-laws, who are citizens and residents of Taiwan, do not pose a security risk. His excessive indebtedness caused by real estate investments that went bad has been resolved. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-07194.h1


Guideline H; Guideline E

08/15/2011

Applicant challenges five passages of the Judge’s decision regarding his marijuana use. The challenged language is reasonably consistent with Applicant’s admissions regarding his marijuana use and is a reasonable characterization of the record evidence. Adverse decision affirmed.


Guideline E; Guideline G; Guideline H; Guideline J

08/15/2011

Applicant has mitigated the security concerns based on alcohol consumption and drug involvement but has not mitigated security concerns based on personal conduct and criminal conduct. The Judge’s conclusion that Applicant’s lack of candor in completing his SCA raises security concerns that have not been mitigated is sustainable. Adverse decision affirmed.


Financial

08/11/2011

Applicant incurred excessive delinquent debts as a result of a failed business in 2007. Security concerns are not mitigated because Applicant has not taken steps to resolve any of his delinquent debts even though he has been continuously employed since the failure of his business. Clearance is denied. CASE NO: 10-10096.h1


Alcohol

08/11/2011

Applicant failed to mitigate security concerns arising from his alcohol consumption. Clearance is denied. CASE NO: 10-07752.h1


Foreign Influence

08/11/2011

Applicant is a 46-year-old employee of a defense contractor. He was born in Sudan and became a U.S. citizen in 2008. His wife and children are U.S. citizens. Since May 2009, Applicant has performed important and dangerous duty as a linguist in Iraq. He has mitigated the foreign influence security concerns raised by his family in Sudan. Clearance is granted. CASE NO: 10-05257.h1


Information Technology; Personal Conduct

08/11/2011

Applicant is 37 years old. He intentionally provided false and misleading information to a government investigator and intentionally omitted required information on a security clearance application. Applicant illegally downloaded software and obtained keys to access it. He repeatedly violated his company’s policy on information technology. Applicant failed to mitigate the security concerns under Guideline M, Use of Information Technology, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-03300.h1


Personal Conduct, Criminal Conduct; Financial

08/11/2011

Applicant is 42 years old. While holding a security clearance, over a three year period, he repeated and regularly used cocaine. He was arrested during a sting operation selling cocaine to a friend. He lost his job and could not pay his debts. He has at least approximately $70,000 in delinquent debts that remain unresolved. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct, Guideline J, Criminal Conduct, and Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-02110.h1


Foreign Influence

08/11/2011

Applicant is 53 years old. He and his wife moved from Taiwan to the United States in 1982. They became citizens in 1997. Their children, who are now grown, were born in the United States and reside here. Applicant’s father, three brothers, and two sisters-in-law are citizens and residents of Taiwan. All of Applicant’s substantial assets are in the United States. Applicant mitigated the security concerns under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 07-02856.h1


Criminal Conduct

08/10/2011

In 2007, Applicant pleaded guilty to Aggravated Assault with Serious Bodily Injury, a felony. He received deferred adjudication and was placed on community supervision for 10 years. His community service continues until October 2017, unless terminated earlier by court order. Applicant has failed to rebut or mitigate the security concerns under criminal conduct. Clearance is denied. CASE NO: 10-05370.h1


Foreign Influence

08/09/2011

Applicant's wife is a citizen of the People's Republic of China. His mother-in- law and father-in-law are citizens and residents of the China. Applicant has failed to rebut or mitigate the security concerns under Guideline B, foreign influence. Clearance is denied. CASE NO: 10-10466.h1


Financial

08/09/2011

Applicant is responsible for over $80,000 in unresolved delinquent debt, and she lacks a viable plan for resolving her debts. She failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 10-09931.h1


Foreign Preference; Foreign Influence

08/09/2011

Applicant mitigated the security concerns under Foreign Preference when he surrendered his Indian passport and renounced his Indian citizenship in 2011. Applicant has also mitigated the security concerns under Foreign Influence. He is a naturalized U.S. citizen who has lived in the United States since 1996. Applicant, his wife and two sons reside in the United States. His parents, grandmother, sibling and uncle reside in India. However, Applicant would resolve any conflict in favor of the United States. Clearance is granted. CASE NO: 10-08261.h1


Financial

08/09/2011

Applicant is 39 years old and single. He works for a defense contractor. He incurred 12 delinquent debts totaling $27,801.06 listed in the SOR. Applicant did not repay any of these delinquent debts. Applicant did not mitigate the financial considerations trustworthiness concern. Clearance is denied. CASE NO: 10-06257.h1


Financial

08/09/2011

Applicant is a 35-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from delinquent debts. Clearance is denied. CASE NO: 10-06127.h1


Financial

08/09/2011

Applicant owes $53,000 in past due federal taxes. He owes approximately $6,000 on four other delinquent accounts. His monthly expenses exceed his monthly income. He has failed to rebut or mitigate the trustworthiness concerns under financial considerations. Based upon a review of the pleadings, exhibits, and testimony, eligibility for access to sensitive information and eligibility for a public trust position is denied. CASE NO: 10-04533.h1


Alcohol; Personal Conduct

08/09/2011

Applicant falsified a Government questionnaire and engaged in a years long series of minor criminal conduct, including DUI, which showed poor judgement on his part. He mitigated alcohol concerns. Mitigation is not shown as a whole. Clearance is denied CASE NO: 09-08429.h1


Guideline F

08/08/2011

Applicant has not rebutted the presumption that the Judge considered all of the record evidence. Neither has he demonstrated that the Judge mis-weighed the record evidence. Adverse decision affirmed. CASE NO: 09-07683.a1


Guideline J; Guideline E

08/08/2011

Judge’s favorable decision was undermined by significant inconsistencies among her findings. A Judge may weigh the same conduct differently under different guidelines. However, self-contradictory findings are per se unreasonable and not sustainable. Favorable decision reversed. CASE NO: 09-01652.a1


Financial

08/05/2011

Applicant is 51 years old, divorced, and has two adult step-children. He works for a defense contractor. He incurred 14 delinquent debts totaling $155,135 listed in the SOR. Applicant repaid eight of these delinquent debts. Applicant mitigated the financial concerns. Clearance is granted. CASE NO: 10-10799.h1


Financial; Personal Conduct

08/05/2011

Applicant incurred 17 debts totaling $23,200. Her financial problems began in 2005 following a separation and divorce, a period of unemployment, and uncovered medical expenses for a pregnancy that resulted in her child being stillborn. She filed Chapter 13 bankruptcy in 2010 and has established a track record of timely payments to her bankruptcy trustee. She also demonstrated that her omission of adverse financial information on her security clearance application was inadvertent. Applicant has fully mitigated both security concerns. Access to a public trust position is granted. CASE NO: 10-08876.h1


Financial

08/05/2011

Applicant’s wife, who was responsible for managing the family finances, developed a gambling habit. She used money allocated for paying joint debts to gamble. After learning of his wife’s gambling habit in 2007, Applicant assumed responsibility for paying the couple’s debts, but he refused to pay debts that were incurred while his wife was responsible for paying their creditors. Applicant failed to mitigate security concerns resulting from his unresolved financial delinquencies. Clearance is denied. CASE NO: 10-07405. h1


Financial

08/04/2011

Applicant mitigated the security concerns raised by his delinquent first and second mortgages by demonstrating that his default was largely due to circumstances beyond his control, he had acted responsibly to try and resolve the debt with the lender, otherwise had a clean financial record, and had sufficient funds available to resolve any remaining liability once the foreclosure prosess was complete. Clearance granted.


Financial

08/04/2011

Applicant mitigated the Financial Considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 10-01516.h1


Financial; Personal Conduct

08/03/2011

Applicant's debts were discharged in a 1998 bankruptcy proceeding. In 2000, she acquired a house and debts beyond her financial means. She sold the house, but retained some of her delinquent debt. Through the years, she continued to acquire additional delinquent debt. She established some circumstances beyond her control that contributed, to some extent, to her inability to pay her debts. Notwithstanding, she failed to establish a track record of financial responsibility in addressing her legal obligations. Moreover, she falsified her 2007 public trust position application. Eligibility to occupy a public trust position is denied. CASE NO: 10-02651.h1


Financial Considerations; Personal Conduct

08/03/2011

Applicant has not mitigated the Financial Considerations or Personal Conduct security concerns. He has a significant amount of unpaid debt that he has failed to address. He also falsified information to the Government in his answers to interrogatories. Eligibility for access to classified information is denied. CASE NO: 09-07601.h1


Financial

08/02/2011

Applicant is 47 years old and employed as a Federal Protective Officer by a defense contractor. His history of financial indebtedness was caused by his separation from his significant other, his unexpected knee infection and its complications, his knee injury at work, his loss of work, and his year of disability. His household income was substantially reduced and he fell behind on his debts. He is currently on disability and is financially unable to pay his delinquent debts. He has recently hired an attorney to file Chapter 7 Bankruptcy on his behalf. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-03443.h1


Financial

07/29/2011

Applicant had 24 credit card and charge accounts, and numerous mortgage loans. He financed 100 percent of a $600,000 mortgage using two loans. His intention was to improve it and quickly sell it. When the market crashed, he was left with mortgage payments he could not carry, and the lender foreclosed. Applicant states that, although he has the funds to resolve his debts, he has no intention to pursue resolution, unless the lenders waive any charges or penalties. Alternatively, Applicant states he has no further obligation on the mortgage debts, but he did not provide documentation supporting his contention. Applicant's conduct raises questions about his reliability and good judgment. Clearance is denied. CASE NO: 10-06668.h1


Criminal Conduct; Personal Conduct

07/29/2011

Applicant hit a pedestrian while driving his car, and left the scene without providing his personal information or rendering assistance as required under state law. He was charged with this felony offense, and ultimately convicted of misdemeanor hit and run under a plea bargain. He remains on probation. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 10-06195.h1


Financial

07/29/2011

Applicant is 43-years old and is employed by a defense contractor. Applicant accumulated 23 delinquent debts totaling $148,219. He is working to resolve the fifteen tax debts through the use of professional tax advisors filing offers in compromise with state and federal tax authorities. Applicant paid his eight medical debts. Applicant mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 10-06055.h1


Drugs; Personal Conduct

07/29/2011

Applicant failed a drug test in April 2007 and provided an explanation at the hearing that was not credible. This raises unmitigated security concerns regarding his personal conduct. Clearance is denied. CASE NO:10-04596.h1


Alcohol

07/29/2011

Applicant is a 29-year-old employee of a defense contractor. She was convicted of Operating a Motor Vehicle While Intoxicated in 2007 and Driving with Unlawful Alcohol Concentration in 2010. Following her second conviction, a licensed professional counselor evaluated her and determined she did not need alcohol treatment. She successfully completed an Alcohol Drug Safety Action Program. Since then, she has not driven after consuming alcohol and stated she will not drink and drive in the future. She mitigated the security concern arising from her alcohol consumption. Clearance is granted. CASE NO: 10-03998.h1


Alcohol; Personal Conduct

07/29/2011

Applicant used alcohol excessively to self-medicate himself for anxiety and depression from 1985 until January 2010, when he stopped drinking. He downloaded adult pornography on a university computer in 1998 and 1999. He hired prostitutes on two occasions during foreign travel in 2004. He purchased and used a biofeedback device to help him to relax and focus on the questions during polygraph examinations. He has obtained substance abuse counseling and received favorable diagnoses. He has responded well to psychiatric treatment, psychological counseling, and medication for his anxiety and depression. He has refuted an allegation that he attempted to use polygraph countermeasures, and he has mitigated security concerns raised by his alcohol consumption and personal conduct. Clearance is granted. CASE NO: 10-03488.h1


Alcohol, Criminal Conduct, Personal Conduct

07/29/2011

Applicant contests the Defense Department’s intent to deny his eligibility for a security clearance to work in the defense industry. Applicant has a history of alcohol related arrests and has been diagnosed as alcohol dependent. He voluntarily sought treatment, which he completed successfully. He last consumed alcohol and his last arrest occurred almost 2.5 years ago. He is currently being treated by a clinical psychologist, who gives a favorable prognosis for continued sobriety. He did not falsify his February 2009 security clearance application. Clearance is granted. CASE NO. 10-02518.h1


Foreign Preference; Foreign Influence

07/29/2011

Applicant and his parents immigrated to the United States from Russia when he was 12. He became a U.S. citizen a decade ago. Now 30, Applicant has built a life, career, and family in the United States and has no interest in returning to Russia. He submitted his Russian passport for destruction, a significant act in mitigating foreign preference concerns. While his relationship to a considerably older brother and an acquaintance in Russia are casual, Applicant's wife maintains familial ties with her parents and brother in Russia. Applicant provided sufficient evidence when, considered under the whole-person concept, mitigated foreign influence concerns. Eligibility for access to sensitive information is granted. CASE NO: 10-00784.h1


Financial; Personal Conduct

07/29/2011

Applicant incurred several delinquent debts after his business failed in December 2007. He found new employment in January 2008, but he took no meaningful actions to resolve his debts until he received the SOR. He disclosed a bankruptcy and a repossession on his security clearance application, but he did not disclose an unsatisfied judgment and a tax lien. He refuted the allegations that his falsified his security clearance application, but he has not mitigated the financial concerns. Clearance is denied. CASE NO: 10-00144.h1


Financial

07/29/2011

Applicant incurred more than $19,000 in delinquent debt over the past seven years. She did not demonstrate either changed circumstances or sufficient income to resolve those debts or remain solvent in the future. Financial security concerns were not mitigated. Eligibility for access to ADP I/II/III sensitive information is denied. CASE NO: 09-07254.h1


Financial

07/29/2011

Applicant is a 34-year-old employee of a defense contractor. He accumulated 19 delinquent debts totaling over $100,000. He did not provide sufficient evidence to mitigate the security concerns arising under Guideline F. Clearance is denied. CASE NO: 09-07060.h1


Drugs; Personal Conduct

07/29/2011

Applicant is 33 years old. His last marijuana use was in approximately 2003. He used a prescribed drug without authorization in 2007. Applicant has some learning disabilities and had difficulty comprehending some of the questions on the security clearance applicantion. Applicant mitigated the security concerns under Guideline H, Drug Involvement and Guideline E, Personal Conduct. Clearance is granted. CASE NO: 09-06295.h1


Financial Considerations

07/29/2011

In August 2010, a clinical psychologist diagnosed Applicant with a cognitive disorder and a delusional disorder. The psychologist found Applicant’s suffered from delusions. Applicant failed to rebut or mitigate the psychological conditions security concerns. Clearance is denied. CASE NO: 08-08721.h1


Sexual Behavior; Personal Conduct

07/29/2011

Applicant failed to mitigate the security concern generated by his fascination with stories involving incestuous sexual encounters with children. Clearance is denied. CASE NO: 07-15094.h1


Finances; Personal Conduct

07/29/2011

Applicant accumulated delinquent debts that she has not addressed, resolved, or paid. She did not provide sufficient information to establish any actions she has taken to resolve or pay the debts. She provided incomplete information on two security clearance applications concerning her finances and alcohol-related arrests. Eligibility for access to classified information is denied. CASE NO: 07-02115.h1


Alcohol

07/28/2011

Applicant mitigated the security concerns raised by his history of alcohol abuse by changing his pattern of consumption and the passage of over 2½ years without another alcohol-related incident. Clearance granted.


Financial

07/28/2011

Applicant is responsible for an unresolved federal tax lien of approximately $38,493, entered against her in January 2006. In response to the FORM, she provided documentation from the Internal Revenue Service, dated April 13, 2011, establishing a payment agreement of $4,000 a month for delinquent federal taxes for tax years 2004, 2005, 2007, 2008, 2009, and 2010. The record does not reflect the total amount of Applicant’s federal tax delinquency. Applicant stated that she intended to borrow funds from her retirement account to pay her delinquent tax debts. When the record in this case closed, there was no documentation of any payments made. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 10-07283.h1


Finances

07/28/2011

Applicant accumulated a number of delinquent debts during recurrent periods of unemployment and underemployment. His debts include a judgment and liens covering child support arrearage, a delinquent student loan debt, a number of medical debts and consumer debts. He has made payments on one of his child support accounts and has recently initiated payments on his student loan account. Without more clarification of his child arrearage debts and demonstrated payment progress, it is too soon to make safe predictions about his ability to manage his finances. Applicant does not mitigate security risks associated with his finances. Clearance is denied. CASE NO: 10-06754.h1


Financial

07/28/2011

Applicant mitigated the Financial Considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 10-06374.h1


Financial Considerations

07/28/2011

Applicant had approximately $51,000 in charged-off and collection accounts. He addressed approximately $9,500 of that debt. Approximately $41,000 remains to be addressed. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 10-05894.h1


Financial

07/28/2011

The SOR alleges that Applicant owes approximately $39,000 in delinquent debt for 38 accounts, 21 of which are for medical expenses. Applicant’s delinquent debt resulted from events beyond his control. He has resolved 37 of his 38 delinquent accounts. He is making payments on the remaining unresolved account. Applicant demonstrated a good-faith effort to resolve his delinquent debt. He has also shown that his finances are under control. Clearance is granted. CASE NO. 10-02829.h1


Foreign Influence

07/28/2011

Applicant was born in Chile, but has lived in the United States since 1986. He is in touch with his family in Chile. His wife, who was born in Colombia, was scheduled to receive her U.S. citizenship ten days after the hearing. Applicant's son is a native-born U.S. citizen and attends school in the United States. Applicant's wife is in touch with her Colombian family, but Applicant has only infrequent contact with the, has not been in Colombia since 2003, and has no intent to return. Applicant's strong and longstanding ties to the United States outweigh his connections to Chile and Colombia. Applicant also had a home foreclosed in 2009, because he had lost his job, and was unable to sell his home during the real estate market crash. After the house sold following foreclosure, Applicant tried to pay the deficiency, but was told that the mortgage insurance had resolved the remaining debt. He has no outstanding debt as of the date of the hearing. Clearance is granted. CASE NO: 10-02336.h1


Financial

07/27/2011

Applicant is a 49-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties. He defaulted on first and second mortgage loans due to a year-long period of unemployment and subsequent employment at a greatly reduced salary. These were circumstances largely beyond his control, and he acted responsibly under the circumstances. At present, there are clear indications that his past financial problems are resolved and under control. Looking at the case as a whole, Applicant's financial problems were situational and atypical, and not due to a long-term pattern of financial irresponsibility or frivolous spending. Clearance is granted. CASE NO: 11-00034.h1


Guideline F

07/27/2011

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 10-09256


Personal Conduct; Drugs; Criminal Conduct

07/27/2011

Applicant is a 30-year-old employee of a defense contractor. From 1999 to 2003, he used marijuana on about a monthly basis. In September 2003, he was arrested and charged with possession of marijuana. In January 2010, he again used marijuana. On a security clearance application submitted in May 2010, he deliberately failed to disclose his use of marijuana in January 2010. He failed to mitigate the security concern arising from his personal conduct, drug involvement, and criminal conduct. Clearance is denied. CASE NO: 10-08055.h1


Financial

07/27/2011

Applicant's financial problems, for which there is no foreseeable end, render her an unsuitable candidate for access to classified information. Clearance denied.


Foreign Influence

7/27/2011

The Applicant's wife is a citizen of Russia living in the United States. He has a sister who lives in Pakistan. His two children live in the United States, along with his extended family. He also has extensive financial interests in the United States. The Applicant showed that his connections to the United States outweigh his connections to Russia or Pakistan. Sufficient mitigation is shown. Clearance is granted. CASE NO: 10-07436.h1


Financial

07/27/2011

Applicant mitigated the Financial Considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 10-06601.h1


Financial

07/27/2011

Applicant is a 42-year-old employee of a defense contractor. He established a plan to resolve his financial problems and took significant action to implement the plan, thereby mitigating financial considerations security concerns. CASE NO: 10-05381.h1


Personal Conduct, Sexual Behavior, Criminal Conduct

07/27/2011

Applicant admitted to accessing Internet child pornography in 2007. As a result, his admissions were detailed in a departmental summation and his application for a special access clearance was denied. Applicant later stated that he subsequently retracted his admission, but he failed to provide evidence of that retraction or provide a plausible explanation as to how or why the detailed Government summation was incorrect. Applicant failed to carry his burden in mitigating personal conduct, sexual behavior, and criminal conduct security concerns. Clearance denied. CASE NO: 10-04741.h1


Foreign Influence

07/27/2011

Applicant is a computer science expert who works as a principal scientist for a defense contractor. He has significant family and academic ties to Israel which heighten his foreign influence. Despite his strong ties to the United States, the security concerns are not fully mitigated. Clearance denied. CASE NO: 10-04350.h1


Guideline F; Guideline E

07/27/2011

There is no prerequisite that documents be notarized as a precondition of their admissibility. A possibly erroneous prior address listed in a credit report pertains to the weight of the evidence rather than its admissibility. Adverse decision affirmed. CASE NO: 10-03380.a1


Financial; Personal Conduct

07/27/2011

Applicant's falsifications on his March 2009 clearance application—and the adverse financial history he concealed—render him an unsuitable candidate for access to classified information. Clearance denied.


Guideline G; Guideline F; Guideline J

07/27/2011

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Applicant has submitted new evidence not contained in the record, which the Board cannot consider. Adverse decision affirmed. CASE NO: 07-09746.a1


Foreign Preference

07/26/2011

Applicant holds an active European Union United Kingdom passport. He has declined to surrender, destroy, or otherwise invalidate it. Clearance is denied. CASE NO: 10-06270.h1


Financial

07/26/2011

Although Applicant's troubled finances stemmed from a business downturn and he has filed for Chapter 13 bankruptcy protection, there is insufficient evidence in the record to conclude that Applicant has mitigated the security concern. Clearance is denied. CASE NO:10-06262.h1


Finances

07/26/2011

Applicant accumulated a number of delinquent debts over a ten-year period, one of which resulted in a judgment. His debts remain unsatisfied and insufficiently explained to find extenuating circumstances associated with their creation and handling. Although highly regarded by his coworkers, he has not provided any good-faith plan for resolving his debts and fails to mitigate security risks associated with his finances. Clearance is denied. CASE NO: 09-08160.h1


Personal Conduct; Financial

07/26/2011

Applicant mitigated the personal conduct concerns through the passage of time and by his participation in a drug treatment program. The Government did not establish that Applicant deliberately falsified his security clearance application or his statement to an investigator. Applicant also established that his finances were under control and mitigated the financial consideration security concerns. Eligibility for access to classified information is granted. CASE NO: 09-07180.h1


Guideline B

07/26/2011

The Adjudicative Desk Reference by its own terms cannot serve as the basis for a denial of access to classified information. The Judge is required to rely implement the Adjudicative Guidelines from the Directive, not the Adjudicative Desk Reference. Adverse decision affirmed.


Guideline D; Guideline E

07/26/2011

A Judge is presumed to have considered all the record evidence. Adverse decision affirmed.


Financial

07/26/2011

Applicant purchased two investment properties in addition to her primary residence. The rental income from her investment properties was less than she anticipated. During 2007-2008, she fell behind on her mortgage payments, credit card debts, and utility accounts. She took no meaningful actions to resolve her delinquent debts until after May 2009, when she was interviewed by a security investigator. As of the date of the hearing, she had resolved one of her three delinquent mortgages and three small utility bills, but two delinquent mortgages and three other debts were unresolved. Clearance is denied. CASE NO: 09-05253.h1


Guideline E

07/26/2011

The Judge failed to analyze pertinent disqualifying conditions. Applicant’s multiple and varied types of misconduct and poor judgment over a period years undercut the Judge’s favorable conclusions. Favorable decision reversed.


Criminal Conduct; Personal Conduct

07/25/2011

Applicant is a 37-year-old employee of a defense contractor. He did not intentionally falsify his questionnaire for national security positions, but he has not mitigated the security concerns raised by his extensive criminal record. Clearance is denied. CASE NO: 10-01916.h1


Criminal Conduct

07/25/2011

Applicant is a 24-year-old employee of a defense contractor. In 2006, he twice burglarized a commercial business and stole property. In 2008, he operated a motorcycle without a motorcycle license and while knowing its license plate displayed a false registration sticker. In 2009, he operated a motor vehicle without a valid driver’s license. He failed to mitigate the security concern arising from his criminal conduct. Clearance is denied. CASE NO: 10-00530.h1


Financial

07/25/2011

Applicant failed to mitigate the financial considerations security concerns generated by her delinquent debt. Clearance is denied. CASE NO:10-00292.h1


Alcohol; Criminal Conduct; Financial

07/25/2011

Applicant is a 36-year-old employee of a federal contractor. The evidence shows he has a history of alcohol-related incidents; a history of criminal conduct largely but not entirely related to alcohol; and a history of financial problems or difficulties (about $50,000 in delinquent debts). He has abstained from alcohol since late November 2010, attends Alcoholics Anonymous (AA), and has a favorable prognosis from his therapist; he is currently serving two years of supervised probation due to a November 2009 conviction for driving while intoxicated (DWI); and his efforts to resolve his financial problems are at the initial stages. The current short-term trend is favorable, but given the recency, nature, extent, and seriousness of these matters, it is too soon to tell if these matters are safely in the past or a harbinger of things to come. He did not present sufficient evidence of a long-term record of reform and rehabilitation to mitigate the security concerns. Clearance is denied. CASE NO: 09-06837.h1


Alcohol; Personal Conduct

07/22/2011

Applicant is a 20-year-old employee of a defense contractor. She was arrested in May 2009 for driving while intoxicated (DWI). She violated the terms of her probation by drinking and by blowing into her car's alcohol ignition interlock device with alcohol on her breath. Applicant has not mitigated the security concerns raised by her alcohol consumption and personal conduct. Clearance is denied. CASE NO: 10-07453.h1


Foreign Influence

07/22/2011

Applicant’s wife, parents, two brothers, two sisters, uncle and in-laws are citizens and residents of Afghanistan. He failed to mitigate the security concerns arising from his foreign contacts in Afghanistan. Eligibility for access to classified information is denied. CASE NO: 10-05667.h1


Financial

07/21/2011

Applicant has a history of financial difficulties. After receiving the SOR, she filed a Chapter 7 petition in bankruptcy. It is unclear at this time that she will be able to avoid financial delinquencies in the future. Applicant's failure to mitigate her financial delinquencies raises security concerns. Eligibility for access to sensitive information is denied. CASE NO: 10-06259.h1


Foreign Influence

07/21/2011

Applicant has immediate and extended family members that live in Afghanistan. He and his wife were granted asylum because they were threatened by members of the Taliban. He did not establish that it is unlikely he will be placed in a position of having to choose between the interests of his family and the interests of the United States. Through no fault of his own, Applicant was unable to mitigate the considerable foreign influence security concerns raised. Clearance is denied. CASE NO: 10-05329.h1


Financial

07/21/2011

Applicant obtained eight mortgages totaling in excess of $780,000 for four investment properties as part of a fraudulent investment opportunity. The mortgages were foreclosed, but mortgage delinquencies totaling approximately $711,892 are still attributable to the Applicant. Even though state law may preclude enforcement of those debts, Applicant's participation in the investment opportunity and his failure to try to pay or otherwise resolve his debts in the past five years reflects an unacceptable degree of poor judgment. Clearance is denied. CASE NO: 10-03420.h1


Alcohol Consumption, Sexual Behavior, Personal Conduct

07/20/2011

Applicant had an affair with a 14-year-old girl when he was 19 and attending a military academy. He was consequently administratively discharged from the military and transferred to a civilian college. He then started abusing alcohol in 2002. Between 2004 and late 2007, he was arrested for driving under the influence of alcohol and public intoxication on multiple occasions. While Applicant presented sufficient evidence to mitigate sexual behavior and personal conduct security concerns related to his affair and discharge, insufficient time has passed to demonstrate his ability to drink alcohol within socially accepted and legal parameters. Clearance denied. CASE NO: 09-05941.h1


Personal Conduct

07/20/2011

Applicant admitted to downloading child pornography in 2001 and 2002, then retracted his admission. A search of his computer revealed 20 images of child pornography in 2002. He disputed the Government report, but failed to present a plausible explanation as to how it so inaccurately portrays his statements. Clearance is denied. CASE NO: 09-05720.h1


Financial

07/19/2011

Applicant's statement of reasons alleged 24 delinquent debts totaling approximately $24,000. His debts were incurred when Applicant was unemployed or underemployed and was going through a divorce. Applicant sought financial counseling and has paid, is making payments, or has otherwise resolved all of his debts. He successfully mitigated financial considerations security concerns. Clearance is granted. CASE NO: 10-07079.h1 DATE: 07/19/2011


Financial; Personal Conduct

07/19/2011

Applicant incurred numerous debts to assist his medically ailing parents, but some of the debts were unnecessary and many of the debts are unresolved. He intentionally concealed his delinquent debts on his security clearance application. Clearance is denied. CASE NO: 10-06274.h1


Drug Involvement

07/18/2011

Applicant has mitigated the security concerns under the drug involvement guideline. He has signed a letter of intent to refrain from any use of illegal drugs. His use of marijuana, Adderal and psilocybin was in college. He has not used any illegal drugs in one year. He is recommended by his current employer for a clearance. Clearance is granted. CASE NO: 10-10880.h1


Financial

07/18/2011

Applicant's statement of reasons alleged 29 delinquent debts totaling $80,024. His debts consist primarily of credit card debt, which were incurred when Applicant was going through a divorce and illegally using methamphetamines. Applicant estimates that he spent approximately $500 to $600 a week on his illegal drug habit. Although he disputed several debts, Applicant provided no documentation to rebut their validity. At the present time, Applicant does not have the funds to pay or pay down any of his debts. He failed to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 10-10109.h1 DATE: 07/18/2011


Financial

07/18/2011

Applicant is a 33-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties. Although he did not present a perfect case, and has not paid off each and every debt at issue, he presented sufficient evidence to establish a good-faith effort to repay overdue creditors or otherwise resolve debts, thereby mitigating the security concerns stemming from his history of financial problems. He did not provide deliberately false answers in response to two questions on his security clearance application. Clearance is granted. CASE NO: 09-01011.h1


Foreign Influence; Personal Conduct

07/17/2011

Applicant’s mother and brother are residents and citizens of Thailand. Applicant has contacts via internet social networks with 21 citizens and residents of Thailand. Applicant deliberately falsified information on her security clearance application and did not reveal that she possessed an active Thai passport. Additionally, she deliberately withheld information about her active Thai passport during her personnel security interview with an OPM investigator. Applicant failed to mitigate security concerns under Adjudicative Guidelines B and E. Clearance is denied. CASE NO: 10-07893. h1


Financial

07/15/2011

Applicant is a 40-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties. Other than paying off a $3,507 judgment in 2009, he has made virtually no progress during the last two years resolving the remaining three delinquent debts for more than $25,000, and he does not have a realistic plan in place to do so. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 10-04758.h1


Guideline B; Guideline F

07/15/2011

When Applicant denies an SOR allegation, the government must produce substantial evidence of the truth of the allegation. The government’s evidence here included responses to two interrogatories and the credit reports. On this record, the government met its burden. Adverse decision affirmed.


Guideline F

07/15/2011

Applicant bears the burden of persuasion as to mitigation. Applicant has not demonstrated that the Judge failed to consider all the record evidence. Adverse decision affirmed.


Financial

07/15/2011

Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-01496.h1


Guideline F

07/15/2011

Applicant contends he was unaware of his right to submit character statements in response to the FORM. The record shows that Applicant was advised in writing of opportunity to submit material he wished the Judge to consider. Adverse decision affirmed.


Financial

07/14/2011

Even though many of his delinquent debts were several years old, Applicant did not begin to address them until he received the Statement of Reasons, raising concerns about his judgment and good faith. Applicant's debt payments were too recent to demonstrate a track record of reliable and consistent payment of debt over time. He failed to mitigate security concerns under the financial considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 10-07080.h1


Financial

07/14/2011

Applicant largely neglected a student loan from the 1990s that became delinquent in 2002, before voluntarily taking a lesser paying job in 2005 that was later eliminated in 2009. She was unemployed for about 10 months before starting her current position. In the interim, a medical condition began in 2005 that eventually effected her energy and ability to focus, culminating in an essential hospitalization in 2011. Her current income barely meets her monthly expenditures. While her illness and unemployment help mitigate her most recent delay in addressing her delinquent debts, her neglect of her student loan, her largest debt, and her current financial instability sustain security concerns. Clearance denied. CASE NO: 10-06656.h1


Financial

07/13/2011

Applicant has mitigated the security concerns under the financial considerations guideline. She has settled or paid her delinquent debts. She is in a repayment status for two of them. She has received financial counseling. Clearance is granted. CASE NO: 10-09066.h1


Drugs

07/13/2011

Applicant abused marijuana about 15 times at parties or concerts from November 2000 to June 2003. He smoked marijuana five to ten more times between March 2008 and January 2010, despite being granted a Secret security clearance in December 2007. Applicant regrets his illicit drug use and intends no future involvement, but I cannot yet conclude that his drug abuse is safely behind him. Clearance denied. CASE NO: 10-06575.h1


Drugs

07/13/2011

Applicant used marijuana on multiple occasions while in college between 2002 and 2009. He stopped using marijuana when he obtained his current position and began competitive cycling. He met his burden to establish mitigating conditions to his prior drug use. Clearance granted. CASE NO: 10-06187.h1


Drugs

07/13/2011

Applicant is a 41-year-old employee of a federal contractor. The evidence shows he has a long-term history of drug abuse (marijuana), some of which was directly related to self-medicating the side effects from cancer treatment during 1998 2001. His marijuana use continued after 2001 on a periodic basis; his most recent use took place at a 2009 New Year's Eve party, less than two months before he completed his application of a security clearance. He did not present sufficient evidence to mitigate the drug involvement security concerns. Clearance is denied. CASE NO: 10-04357.h1


Financial; Foreign Influence

07/13/2011

The Applicant is subject to Foreign Influence vis-a-vis her Philippine relatives. Furthermore, she has yet to address the vast majority of her past due debts. Clearance is denied. CASE NO: 10-03356.h1


Financial

07/13/2011

Applicant is a 54-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties. He has not made any progress toward resolving approximately $20,000 in delinquent debts, and it appears that he has no intention of making any effort to do so. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 10-03238.h1


Financial

07/13/2011

Applicant accumulated numerous delinquencies. However, his efforts to meet his obligations, despite medical problems and lack of child support for the past 14 years, demonstrate reliability and a mature response to a difficult situation. Evidence shows that he acted responsibly by establishing payment plans, making payments toward his debts, and paying several in full. Applicant has reduced the debt alleged in the SOR by 70 percent. He has obtained a second job to ensure sufficient income to continue resolving his remaining debts. Clearance is granted. CASE NO: 10-02088.h1 DATE: 07/13/2011


Financial

07/13/2011

Applicant has not mitigated the security concerns under the financial considerations guideline. He has delinquent debts in the amount of $75,000. He has not provided any evidence that the delinquents debts are resolved or in repayment status. Clearance is denied. CASE NO: 10-01640.h1


Drugs

07/13/2011

Applicant abused marijuana about three dozen times from 2000 to May 2009. In August 2004, he was fined $500 at the U.S. Canadian border after marijuana, belonging to a woman he was dating, was found in his car during a random search. He smoked marijuana about three times thereafter: in August 2004 with the former girlfriend and in July 2007 and May 2009 after job losses. Applicant now understands that prohibited drug activity is inconsistent with his responsibilities to the Government, and he does not intend to use any illicit substance in the future. Clearance granted. CASE NO: 10-00515.h1


Personal Conduct

07/13/2011

Applicant has mitigated the security concerns under personal conduct. She has 28 years of federal service. She has held a security clearance since 1975. She retired in 2003 after a recommended decision for separation due to suitability issues. She did not falsify her March 2006 security clearance application. Clearance is granted. CASE NO: 09-07322.h1


Personal Conduct

07/13/2011

Applicant failed to mitigate security concerns arising from his personal conduct. Eligibility for a security clearance is denied. CASE NO: 09-05052.h1


Financial

07/13/2011

Applicant is a 27-year-old employee of a defense contractor. He overextended himself financially when he bought nine properties in a two-year period. He lost all the properties to foreclosure and has other delinquent 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: 08-11258.h1


Guideline F

07/11/2011

The Board evaluates any particular sentence in a Judge’s decision in light of the record as a whole. Applicant failed to demonstrate that he was precluded from presenting evidence in his behalf. Judge’s statement that this was a close case is consistent with his adverse holding, because a Judge must resolve close cases in favor of national security. Adverse decision affirmed. CASE NO: 10-04562.a1


Guideline F; Guideline E

07/11/2011

The Judge’s conclusion that Applicant had failed to mitigate the trustworthiness concerns in her case is supportable. Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 10-04539.a1


Guideline F

07/08/2011

Applicant did not respond to the File of Relevant Material when he had an opportunity to do so. The Board cannot consider new evidence on appeal. Adverse decision affirmed.


Guideline F

07/08/2011

A Judge is presumed to have considered all the record evidence. In this case the Judge explicitly addressed the evidence cited by Applicant on appeal. Adverse decision affirmed.


Guideline F

07/08/2011

The Judge discussed Applicant’s repayments of certain debts and concluded that this evidence was not sufficient mitigation. Adverse decision affirmed.


Guideline F

07/08/2011

Applicant has not demonstrated that the evidence before the Judge was insufficiently current or that the processing time prejudiced his ability to present a evidence in mitigation. Furthermore the Judge has no obligation to gather information for either party. Rather it is the responsibility of each party to present evidence to the Judge. Adverse decision affirmed.


Use of Information Technology; Personal Financial

07/06/2011

Applicant has mitigated the security concerns under Guideline M and Guideline E. Applicant worked in federal service for 28 years. He has an excellent work history. He viewed sexually explicit web sites for almost two years. This destructive behavior was the result of serious illness with his wife and son. He sought counseling in 2009. He resigned in lieu of termination in 2009. Clearance is granted. CASE NO: 10-06184.h1


Alcohol Consumption

07/06/2011

Applicant has mitigated the security concerns under the alcohol consumption guideline. He received alcohol treatment for his 2009 DUI. He abstains from drinking despite the fact that he has not been given an alcohol diagnosis of abuse or dependence. His family support him in his efforts. Clearance is granted. CASE NO: 10-03841.h1


Finances

07/06/2011

Applicant amassed 15 delinquent debts over the past few years. He was unaware of many of them before the Statement of Reasons was issued. He showed that one debt had been paid. He testified that several others were paid or in repayment, but failed to submit evidence supporting his representations. At present, Applicant's income only slightly exceeds his monthly obligations Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 10-02884.h1


Financial; Personal Conduct

07/06/2011

Applicant has not mitigated the security concerns under the financial consideration guideline. He has unresolved debt in excess of $12,000. Although he has been unemployed, he had collection accounts prior to his unemployment. Applicant deliberately falsified his March 2009 security clearance application by not disclosing his 2007 DUI, his marijuana use from 2002 until 2004, and his 2007 judgment. Clearance is denied. CASE NO: 09-05531.h1


Alcohol, Financial, Personal Conduct

07/06/2011

Applicant committed four alcohol-related driving offenses between 1991 and 2009. He had about $12,000 in gambling-related debt discharged in a 2002 bankruptcy, and continues to gamble on a regular basis, while over his borrowing limit on a number of credit cards. He falsified his security clearance application concerning gambling-related problems. His previous security clearance was revoked for similar reasons in 2004, yet the conduct continued. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 08-06186.h1


Alcohol; Drugs; Personal Conduct

07/05/2011

Starting in high school and continuing through February 2007, after being granted a security clearance, Applicant abused alcohol, used marijuana, and tried other drugs. After a police stop in 2007, he underwent counseling. He is now drug free and only uses alcohol in moderation. Although he mitigated personal conduct security concerns arising from his denial of past drug use in a 1999 security clearance application through a course of self-improvement, security concerns remain due to his use of illegal drugs while maintaining a security clearance. Clearance denied. CASE NO: 09-04753.h1


Financial Considerations

07/01/2011

Applicant is a 42-year-old employee of a defense contractor. She is alleged to be indebted to eight creditors in the approximate amount of $88,494. In addition, she had a Chapter 13 bankruptcy which was dismissed and two 2008 foreclosures. Applicant mitigated the Financial Considerations security concerns, because the debts were caused by unforeseen circumstances beyond her control, and she has acted responsibly by attempting to resolve her outstanding debts. Eligibility for access to classified information is granted. CASE NO:10-07711.h1


Financial

07/01/2011

Applicant is a 56-year-old employee of a defense contractor. He is alleged to be indebted to nine creditors in the approximate amount of $81,858. Applicant failed to mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-03430.h1


Financial

06/30/2011

Applicant is 57 years old and is employed by a defense contractor. Applicant accumulated 14 delinquent debts totaling $51,284. He did not resolve any of these debts. Applicant did not mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 10-09158.h1


Finances

06/30/2011

Applicant accumulated delinquent mortgage debts as the result of purchasing a home with an ex-boyfriend in another state and accumulated other smaller debts during periods of recurrent unemployment in her current state of residence. Unable to ascertain any potential deficiencies stemming from her foreclosed residence or take concrete steps to either repay or resolve her existing and potential debts through bankruptcy, she remains exposed to collection efforts by her creditors and fails to mitigate trust concerns regarding her finances. Eligibility to hold a public trust position is denied. CASE NO: 10-07047.h1


Foreign Influence; Foreign Preference

06/30/2011

Applicant, a U.S. citizen who was born in Turkey, has strong familial contacts with relatives who are citizens and residents of Turkey. He owns a home in Turkey and receives retirement benefits from the Turkish government. Applicant failed to mitigate security concerns under the foreign influence and foreign preference adjudicative guidelines. Clearance is denied. CASE NO: 10-04616. h1


FINANCIAL

06/30/2011

Applicant is a 39-year-old employee of a defense contractor. The evidence shows she has a history of financial problems. Although she has recently taken preliminary steps to resolve her delinquent debts, she has not provided any documentation showing that any payments have been made. Because Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from her history of financial problems, this case is decided against Applicant. CASE NO. 10-04564.h1 DATE: 06/30/2011


Financial

06/30/2011

At some point in 2009, Applicant made a business decision to stop paying his monthly mortgage payments for both his investment properties and his primary residence. He continued to accrue revenue from the rents generated by his rental properties, and income from his other business enterprises, and was seemingly capable of meeting most of his personal and family financial obligations. He simply decided not to pay his mortgages in an effort to force the mortgage lenders to comply with his wishes to lower his monthly payments and otherwise modify all of the mortgages. As a result, he permitted seven mortgages to fall into arrears and become delinquent. While three mortgage lenders attempted to foreclose on the seven properties, Applicant was only concerned with litigation to retain his properties without making the required monthly payments. He had $2,000 in savings and $125,566.28 in stocks and bonds. Applicant took the tax benefits of his various business enterprises, and continued to accrue revenue from the rents generated by his rental properties, but refused to comply with his agreed monthly mortgage payments. The absence of good-faith efforts pertaining to his finances are not sufficient to mitigate those continuing security concerns, and raise substantial questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 10-04339.h1


Alcohol; Criminal Conduct

06/30/2011

Applicant is a U.S. Navy veteran with a considerable history of arrests and convictions that involve alcohol-related incidents (three in all) and an assault charge that was placed on the stet docket and is unproven. His alcohol-related offenses cover an 11- year period and include recent offenses in 2008 and 2009. While Applicant has received some outpatient counseling and ceased drinking alcohol, his probation is still active. Without more documentation of Applicant's alcohol condition and a stronger track record of sustained abstinence, it is still too soon to make safe predictive assessments about his risks of recurrence. Applicant does not mitigate criminal conduct and alcohol concerns. Clearance is denied. CASE NO: 10-02118. h1


Financial; Personal Conduct

06/30/2011

Applicant filed his Federal and state income tax returns late for tax years 2002 through 2005. He did not file his Federal and state income tax returns for tax years 2006 through 2009. He owes a substantial amount of money to the Federal and state governments for his tax liability for all the above years. Moreover, he deliberately falsified his May 2009 security clearance application to cover his questionable behavior. Clearance denied. CASE NO: 10-01183.h1


Financial

06/30/2011

Despite a significant monthly remainder, Applicant did not address the majority of his financial delinquencies until after he received the SOR. He has not established a track record of steady and reliable payment of his debts. He has not had financial credit counseling, and he lacks a coherent plan to resolve his debts. Applicant has failed to mitigate trustworthiness concerns arising under the financial considerations adjudicative guideline. Eligibility for access to sensitive Information is denied. CASE NO: 10-01176.h1


Drugs; Personal Conduct

06/30/2011

Applicant illegally used marijuana between 1998 and May 2009. He deliberately omitted a major part of his marijuana use from his completed security form in January 2005. He continued to use marijuana after being granted special access and after the special access was revoked. Applicant's evidence in mitigation does not overcome the adverse evidence under both guidelines. Eligibility for access to classified information is denied.


Financial

06/30/2011

Applicant is a 37-year-old employee of a defense contractor. She did not provide sufficient evidence to mitigate the security concerns arising from four delinquent mortgages. Clearance is denied. CASE NO: 10-00133.h1


Financial, Personal Conduct

06/30/2011

Applicant accrued more than $17,000 in delinquent debts over the past decade, with no progress toward resolution of any of them during the two years he has been employed in his current job. He made no showing of unusual circumstances giving rise to these debts, or of behavioral changes to prevent continued financial irresponsibility. He falsified his security clearance application by denying the existence of his financial problems. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-00119.h1


Financial

06/30/2011

Applicant inherited $68,000 in September or October 2010. After giving his foster sister a portion of his inheritance, he still had approximately $54,000. Instead of using the balance on the delinquent debts listed in the Statement of Reasons, thereby demonstrating his desire to improve his financial health while enhancing his security suitability, Appellant did not make any documented attempts to satisfy the listed debts. Eligibility for access to a security clearance is denied.


Foreign Preference; Foreign Influence

06/30/2011

Applicant was born in Ecuador. He resides in Ecuador and is a dual citizen of the United States and Ecuador. His wife and children are citizens and residents of Ecuador. He has other family members who are dual citizens of the United States and Ecuador and who reside in Ecuador. Most of his property and financial interests are in Ecuador. As a U.S. citizen, he acquired Ecuadorian passports in 2005 and 2011. He voted in the 2009 Ecuadorian general election. He used an Ecuadorian passport to travel to the security clearance hearing, but has since surrendered it to his company’s facility security officer. Eligibility for access to classified information is denied. CASE NO: 09-08043.h1


Information Technology, Personal Conduct

06/29/2011

In 2007, Applicant resigned, in lieu of termination, from his employment with a government contractor because he misused the employer's computer system. Applicant presented evidence that he understands the nature and seriousness of his conduct and has not engaged in similar conduct in almost four years. Clearance is granted. CASE NO. 10-07794.h1 DATE: 06/29/2011


Drugs

06/29/2011

Applicant's daily use of marijuana generates a security concern that she failed to mitigate. Clearance is denied. CASE NO:10-05111.h1


Financial

06/29/2011

Applicant accrued almost $18,000 in delinquent debt over the past decade, with no progress toward resolution during the two years he has been employed in his current job. He made no showing of unusual circumstances giving rise to these debts, or of changes to prevent continued financial irresponsibility. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-04731.h1


Financial

06/29/2011

Applicant has experienced significant financial problems and delinquencies since at least 1997. Those problems worsened in 2007 due, in part, to circumstances beyond his control. However, he did not establish that he acted responsibly or that his finances have improved so that he will not incur more delinquencies in the future. Based on a review of the pleadings, exhibits, and transcript, Applicant's request for a security clearance is denied. CASE NO: 10-01575.h1


Financial

06/29/2011

Applicant failed to pay his federal and state income taxes for tax years 1990, 1991 and 1993, and did not pay his federal income taxes from tax years 2002 through 2007. Although he has recently been satisfying his back taxes through payment plans, it is too soon to conclude he has mitigated the financial considerations security concern given the recurrent nature of the problem and the amount that remains in arrears. Clearance is denied. CASE NO: 10-00158.h1


Financial

06/29/2011

Applicant accrued more than $122,000 in delinquent debt over the past four years, while he was employed in his current job. He made no showing of unusual circumstances giving rise to these debts, or of changes to prevent continued financial irresponsibility. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-07938.h1


Finances

06/29/2011

Applicant accumulated delinquent student debts during his nine years of undergraduate and graduate education. Unable to meet his loan payments without work and no further available deferments, he first sought Chapter 13 relief. When his petition was dismissed because it exceeded the debt ceiling for Chapter 13 plans, he sought legal assistance. With the aid of counseling, he petitioned for Chapter 11 protection, which the court approved. Applicant is able to meet his established monthly payments and mitigates security concerns related to his finances. Clearance is granted. CASE NO: 09-06185.h1


Financial

06/28/2011

Applicant acquired 14 debts totaling near $22,000 that have been delinquent for a number of years. She recently resolved nine debts. Notwithstanding, her evidence is insufficient 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. She is financially overextended, and there are not clear indications that her financial problems are being resolved or are under control. Clearance denied. CASE NO: 10-07091.h1


Drugs

06/28/2011

Applicant illegally used drugs from January 2003 to March 2010. He asserted that he has no intention to use them in the future. He did not provide independent evidence to corroborate his statements or mitigate the security concerns raised under the guideline for drug involvement. Clearance is denied.


Financial Considerations; Personal Conduct

06/28/2011

Applicant failed to mitigate the Financial Considerations and Personal Conduct concerns. He is indebted to four creditors for over $16,000 and failed to show that his financial problems are under control. He falsified his security clearance application by failing to disclose his debts that were in collection status. Clearance is denied. CASE NO: 10-03911.h1


Financial Considerations

06/28/2011

Although financially stable and with sufficient income to pay her federal tax obligations, Applicant incurred significant federal tax debts for tax years 2003 to 2007. She has not filed her federal income tax returns for tax years 2008 and 2009. While Applicant made some payments, a significant amount of federal income tax debt is unresolved. Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 10-02184.h1


Foreign Influence

06/28/2011

Applicant's close family ties to his mother, in-laws, and cousin, who are residents and citizens of India, raised foreign influence security concerns. Applicant's brother-in-law is a prominent elected official in India. Applicant also maintains a bank account in India valued at approximately $10,000 for his mother's benefit. Although Applicant, his wife, and two children are U.S. citizens and live in the United States, he was unable to mitigate foreign influence security concerns raised. Clearance is denied.


Finances

06/28/2011

Applicant accumulated delinquent debts due to unemployment problems and petitioned for Chapter 13 relief in 2001, and later Chapter 7 relief. Following several years of stability, he was involved in a work-related motorcycle accident and underemployment difficulties with his new employer. Anticipating additional income for himself and his wife, they purchased a home in the state where they relocated. Unfulfilled income expectations, some misunderstanding over lending terms, and a falling real estate market contributed to their losing their home to non-judicial foreclosure. Applicant is protected from any deficiency enforcement by the state's anti-deficiency statute and has since reached an agreement with a state compensation fund on the payment of his medical bills associated with his motorcycle accident. Applicant mitigates security concerns related to his finances. Clearance is granted. CASE NO: 09-05369.h1


Foreign preference; foreign influence

06/24/2011

Applicant’s possession of an Egyptian passport, dual citizenship with the United States and Egypt, significant family ties to immediate and extended family members and friends in Egypt or Saudi Arabia, as well as owning real and personal property in Egypt raised security concerns. Applicant’s ambivalence about his loyalty to the United States, failure to surrender his Egyptian passport, and inability to rebut or mitigate numerous Government concerns preclude the granting of a security clearance. Clearance is denied.


Guideline b; Guideline F

06/24/2011

Applicant contention that he did not receive pertinent record evidence is not supported by the record. Applicant has a Ph.D., signed for receipt of the File of Relevant Material, and was provided a list of the included documents. Adverse decision affirmed.


Guideline F

06/24/2011

Applicant attributes his financial problems to an overseas lottery “scam.” He continued to participate in the activity and believes he may receive $500,000. Adverse decision affirmed.


Financial

06/24/2011

In 2007, due to an unforeseen decline in the housing market, Applicant defaulted on two mortgages for an investment property acquired in 2006. The first mortgage was resolved through foreclosure and Applicant owes nothing more on that obligation. The second mortgage was recently resolved through an agreement with the lender. Applicant's finances are otherwise sound and not likely to be a security concern in the future. Clearance is granted. CASE NO: 09-08089.h1


Guideline F; Guideline E

06/24/2011

Applicant has 20 delinquents and admits to having lived beyond his means. He provided no corroboration for claims that he has disputed some of his debts. Adverse decision affirmed.


Personal Conduct; Foreign Influence; Foreign Preference

06/24/2011

Applicant is a 52-year-old native-born U.S. citizen who has been employed as a contractor/member of the U.S. Merchant Marine overseas for over 25 years. His parents and siblings reside in the United States. He resided in Brazil for eight years before relocating to Kuwait for employment reasons. He retained permanent resident status in Brazil because of his Brazilian daughter. He has two other children, one a U.S.-born child residing in the United States and the other born in Kuwait to his Syrian- born wife. Applicant's Brazilian residency does not equate to Brazilian citizenship. His wife's parents and several siblings remain in Syria, but have had no affiliation with the Syrian government or intelligence service. There is a reduced possibility that they would be targets for coercion or exploitation by the Syrian government. There is no evidence that Syria, Kuwait, or Brazil is an active participant in economic espionage, industrial espionage or trade secret theft, or violations of export-control regulations. Applicant is well respected by his friends and colleagues for his loyalty, honesty, integrity, and truthfulness. Concerns about Applicant's security eligibility and suitability have been satisfied. Clearance is granted. CASE NO: 09-02630.h1


Drugs; Personal Conduct

06/24/2011

Applicant has mitigated the security significance of his past drug involvement. He has also mitigated the security significance of his alleged falsification on security forms. Clearance is granted. CASE NO: 09-00530.h1


Drugs; Personal Conduct

06/23/2011

Applicant used marijuana in 2008, while working for a Government contractor in a foreign country, and after he was granted access to classified information at the secret level in 2002. His behavior is not recent, it was an isolated incident, and it occurred under circumstances that make it unlikely to recur. He acknowledged his questionable behavior, reduced his vulnerability to exploitation, and submitted a written statement of intent with automatic revocation of his security clearance for any future violation. His questionable behavior does not cast doubt on his current reliability, judgment, and his ability and willingness to comply with the law and follow rules. He mitigated the Guidelines H and E security clearance concerns. Clearance is granted. CASE NO: 10-06025.h1


Foreign Influence; Foreign Preference

06/23/2011

Applicant has failed to mitigate the Foreign Preference security concern raised by renewing her Iranian passport after becoming a U.S. citizen and after receiving a security clearance. Further, she failed to mitigate the Foreign Influence security concern raised by her close relationship with her aunt. Eligibility for access to classified information is denied. CASE NO: 10-00926.h1


Financial

06/23/2011

Applicant acquired 24 delinquent debts totaling $60,405. She provided insufficient documentary evidence to show paid debts, settlements, documented negotiations, payment plans, budgets, or financial counseling. Clearance is denied. CASE NO: 09-07056.h1 DATE: 06/23/2011


Financial

06/23/2011

Applicant is a 38-year-old employee of a defense contractor. He paid all his delinquent debts, thereby mitigating financial considerations security concerns. CASE NO: 09-06284.h1


Guideline F

06/23/2011

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Applicant did not demonstrate that the Judge mis-weighed the evidence. Adverse decision affirmed. CASE NO: 09-05556.a1


Guideline F; Guideline E

06/23/2011

Applicant did not assert any harmful error in the Judge’s decision. Appeal Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 09-00776.a1


Financial

06/22/2011

Applicant is a 32-year-old employee of a defense contractor. He did not provide sufficient evidence to mitigate the security concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 10-06999.h1


Drug Involvement

06/22/2011

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. Clearance is denied. CASE NO: 10-05977.h1


Drugs

06/22/2011

Applicant illegally used marijuana from 1993-1994 until January 2010. He used cocaine twice between 2003 and 2007. He illegally used drugs after he was granted access to classified information at the secret level in 2001. His behavior is recent and it continues to cast doubt on his reliability, judgment, and ability and willingness to comply with the law and follow rules. Clearance is denied. CASE NO: 10-05003.h1


Drugs; Personal Conduct

06/22/2011

Applicant estimates he used marijuana approximately 1,000 times over a 30-year period from 1980 to 2010. He has never felt compelled to stop his marijuana use and feels the marijuana laws are unjust. Applicant also falsified the extent of his marijuana use in two separate security applications completed in December 2006 and September 2009. Applicant failed to mitigate the security concerns raised. Eligibility for access to classified information is denied. CASE NO: 10-03039.h1 DATE: 06/22/2011


Criminal Conduct; Sexual Behavior; Personal Conduct

06/22/2011

Applicant is on probation until August 23, 2011, following his conviction of an April 2009 assault and battery. Applicant failed to mitigate security concerns regarding his recent criminal conduct largely because he has not been completely candid about the offense. Clearance denied. CASE NO: 10-01021.h1


Financial

06/22/2011

Applicant is an employee of a federal contractor. In 2003, she discharged about $238,000 of delinquent debt, including a $227,000 mortgage. Since said discharge, she has accumulated approximately $38,000 of additional delinquent debt. Although she asserted that most of the debt is paid or is resolving, she failed to provide proof of said assertions, despite opportunities to do so. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial

06/22/2011

Applicant acquired 19 delinquent debts totaling $25,959. Although she made progress in resolving several debts, the vast majority of her debts remain unresolved and in a delinquent status. She provided insufficient documentary evidence to show paid debts, settlements, documented negotiations, payment plans, budgets, or financial counseling. Clearance is denied. CASE NO: 09-07439.h1 DATE: 06/22/2011


Financial

06/22/2011

Applicant, her husband, and their parents purchased a printing business to capitalize on her husband's expertise in marketing commercial print services. Over the next two years, their printing machine operator died and their business manager was disabled. Neither could be properly replaced, and sales were hurt by the severe recession. They did their best, but ultimately had to close the business and file for bankruptcy. Applicant remains gainfully employed in work at which she excels, and is very highly regarded. Eligibility for access to classified information is granted. CASE NO: 09-07328.h1


Financial Considerations

06/22/2011

Applicant failed to mitigate the Financial Considerations concern. He has accumulated over $25,000 in delinquent debt. Some of this debt dates back to 2000. He has not acted responsibly under the circumstances and failed to show that his financial problems are under control. Clearance is denied. CASE NO: 09-07267.h1


Financial; Personal Conduct

06/22/2011

Applicant acquired 15 debts, totaling near $25,000, some of which have been delinquent since 2003-2004. The debts became delinquent because he was spending beyond his financial means, and he was reduced in rank due to personal misconduct. He presented some recent evidence of payments and efforts to resolve them. Notwithstanding, he failed to establish financial responsibility in the acquisition of the debts, good-faith efforts to resolve the debts, or a current track record of financial responsibility. Moreover, he deliberately falsified his 2004 and 2009 security clearance applications. Clearance denied. CASE NO: 09-07129.h1


Guideline G; Guideline H; Guideline E

06/22/2011

Applicant’s evidence of modified drinking habits and abstinence from the use of illegal drugs was not sufficient to mitigate security concerns arising from, among other things, several instances of DUI and his discharge from the Navy for cocaine use. Adverse decision affirmed. CASE NO: 09-07084


Financial; Personal Conduct

06/22/2011

Applicant fell behind in her payments on a mortgage loan due to a decrease in the household income and medical and veterinary expenses. Financial concerns are mitigated because she is making payments toward her arrearage and she has no other delinquent debts. Personal conduct concerns alleged because of her failure to disclose a home equity loan debt on her security clearance application were not established in the absence of evidence that she knowingly falsified the form. Clearance granted. CASE NO: 09-06965.h1


Guideline H

06/22/2011

The Judge’s denial of Applicant’s request for the testimony of two witnesses was not arbitrary capricious, or contrary to law. His conclusion that the witnesses’ testimony would have been merely cumulative was supported by the record. Adverse decision affirmed. CASE NO: 09-02839


Foreign Influence

6/21/2011

Applicant was born in Canada in 1978, and moved to the United States after two or three years. She has lived in the United States since then, with the exception of 1995 and 1996, when she resided in Hong Kong with her father. Applicant became a United States citizen in 1991, and renounced her Canadian citizenship; she was never a citizen of Hong Kong. Applicant has received all of her college education in the United States, and been employed only in the United States. Her net assets in the United States total $200,000, and she has no assets in Hong Kong. Applicant's mother is a citizen and resident of the United States, and she also has four aunts who live in the United States. Mitigation has been shown. Clearance is granted


06/20/2011

Applicant presented evidence that he made one payment towards settling one debt, but he presented no evidence that he made efforts to resolve or satisfy his remaining debts. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-07892.h1


Financial

06/20/2011

Applicant's financial problems were caused by a six-month period of unemployment between April and September of 2009. Since gaining his current job in October 2009, Applicant has either satisfied his delinquent debts or arranged payment plans for them. Applicant's omission of information concerning his federal income taxes from his security clearance application was unintentional. Clearance is granted. CASE NO: 10-06658.h1


Financial

06/20/2011

Applicant overextended himself on consumer credit cards to pay for necessities, but also for discretionary items such as a family cruise, swimming pool supplies and repairs, and sporting events. As of September 2010, he owed about $87,896 in delinquent debt. He retained an attorney in January 2011 to help him resolve his financial issues, but it is too soon to conclude that his financial problems are behind him. Clearance denied. CASE NO: 10-03057.h1


Financial

06/20/2011

Applicant broke his back in an industrial accident on an oil rig where he worked after serving about 11 years in the Army. He and his wife maximized their resources, but fell behind on some debts during the two and a half years he could not work. They have since resolved, or are paying in accordance with agreements to resolve, all but one debt that they legitimately dispute. Eligibility for access to classified information is granted. CASE NO: 10-00462.h1


Personal Conduct

06/20/2011

Applicant gave false information on security clearance applications and during an interview with a defense investigator about past drug use. He also used cocaine and marijuana while holding a security clearance, but that use was at least 10 years old and therefore mitigated by time. However, he failed to mitigate the false statements. Clearance denied. CASE NO: 09-06640.h1


Drugs; Alcohol; Personal Conduct

06/20/2011

Applicant abused marijuana to as recently as mid-January 2011, despite holding a security clearance. He concealed his marijuana involvement when he applied for his clearance in July 2000. Since about 1987 Applicant has also abused alcohol at times to intoxication, including after his 2008 drunk-driving conviction. Clearance denied. CASE NO: 09-03175.h1


Financial

06/17/2011

The Applicant has not mitigated the security significance of his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-02571.h1


Criminal Conduct; Sexual Behavior; Personal Conduct

06/17/2011

Applicant failed to mitigate security concerns under Guideline J, Guideline D, and Guideline E. Clearance is denied. CASE NO: 09-07203.h1


Financial; Personal Conduct

06/16/2011

Applicant is a 68-year-old employee of a defense contractor. His wife handled their finances and a number of debts became delinquent. In September 2008, he enrolled their debts in a debt settlement company's credit negotiator program, and he has consistently paid into the program since then. He did not falsify his questionnaire for national security positions. Financial considerations and personal conduct security concerns are mitigated. Clearance is granted. CASE NO: 10-06483.h1


Foreign Influence

06/16/2011

Applicant's spouse and three children are citizens and residents of Afghanistan. He cares about his spouse and children and provides financial support to them. He admits they are at serious risk for injury or death if terrorists discover their identity or relationship to Applicant. Foreign influence security concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-01846.h1


Financial

06/16/2011

Applicant, an independent contractor, failed to mitigate security concerns under the Financial Considerations adjudicative guideline. While he had payment plans in place for several debts, he failed to document payment after March 2010. His personal financial statement showed no money set aside to pay his federal and state income taxes. Additionally, his personal financial statement showed a negative monthly remainder, raising questions about his ability to meet his ongoing financial obligations. Eligibility for a security clearance is denied. CASE NO: 09-08119.h1


Drugs

06/16/2011

Applicant has an extensive history of drug use to include using marijuana from 1997 to 2007, using cocaine from 2001 to 2008, and using mushrooms to a lesser extent from 1997 to 2005. He also used hashish from 2001 to 2003. During these timeframes, he purchased cocaine and hallucinogenic mushrooms for his personal use. Applicant did not submit any corroborating evidence of rehabilitation apart from his assertion that he does not intend to use drugs again. Applicant has failed to mitigate security concerns pertaining to drug involvement. Clearance is denied.


Personal Conduct

06/15/2011

Applicant is 28 years old. He deliberately provided false and misleading to a government investigator. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-07088.h1


Financial

06/15/2011

Applicant is 37 years old and is seeking a position as an Intelligence Analyst for a defense contractor. His history of indebtedness was caused by circumstances beyond his control, namely the downturn in the economy effecting the construction business that caused numerous periods of unemployment. He plans to resolve his debts within six months of gaining employment. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-02989.h1


Foreign Preference; Foreign Influence

06/15/2011

Applicant is 45 years old and employed as an Engineer by a defense contractor. He has surrendered his foreign passport and renounced his dual citizenship with Israel. His apartment in Israel that he shares with his mother is insignificant compared to his assets in the United States. His mother, sister and in-laws that are citizens and residents of Israel do not pose a security risk. There is sufficient evidence in mitigation. Clearance is granted CASE NO: 10-02834.h1


Financial; Personal Conduct

06/15/2011

Applicant incurred numerous delinquent debts, including a child support arrearage and a state tax lien. While in the U.S. Air Force, he was disqualified from aviation duty and received nonjudicial punishment for violating a no-contact order. He has resolved the child support arrearage and an unpaid utility bill, but he has numerous other delinquent debts that remain unresolved and unmitigated. He mitigated the personal conduct concerns arising from his U.S. Air Force service. Clearance is denied. CASE NO: 10-02109.h1


Guideline F

06/15/2011

The Board cannot consider new evidence on appeal. The adverse impact of unfavorable security clearance decision is not a relevant consideration in evaluating security clearance eligibility. Adverse decision affirmed.


Financial, Personal Conduct

06/15/2011

Applicant had accumulated eight debts totaling $96,567. These debts are a combination of credit card debt, a cell phone bill, a student loan, and a mortgage deficiency. These debts were incurred by Applicant's former spouse when he was on active duty and deployed. Applicant has since divorced his wife and has paid, is making payments, or successfully disputed or challenged all eight debts. Applicant was also able to demonstrate that he did not knowingly and deliberately falsify his security application when responding to questions about his past and present financial situation. He mitigated both financial considerations and personal conduct security concerns. Clearance is granted. CASE NO: 10-00557.h1 DATE: 06/15/2011


Guideline E; Guideline D

06/15/2011

Applicant has engaged in four instances of inappropriate touching of female employees. The Judge’s negative credibility determination is supported by the record evidence. Adverse decision affirmed.


Guideline F

06/15/2011

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


Criminal Conduct, Personal Conduct, Drug Involvement

06/15/2011

In 1996, Applicant was charged with petty theft, but managed to escape the consequences when the charge was subsequently dismissed. He was arrested and convicted of DWI in 2006 and 2007. In 2008, he was arrested and convicted for possession and cultivation of marijuana. He is still on probation. He was discharged from the USMC under other than honorable conditions, based on his 2008 conviction. Applicant was a good Marine who had deployed to the combat zone and returned with an alcohol problem and a version of PTSD. He started seeing a psychologist to "get back on the straight and narrow" because of the three incidents since his return from Iraq. The passage of time, Applicant's adapting to therapy, participating in AA, his outstanding performance as a government contractor, and his completion of the court- imposed sentences, except for his continuing probation, all point to evidence of successful rehabilitation. However, his inconsistent statements regarding the 2008 criminal conduct are of substantial concern. Applicant has failed to mitigate the Government=s security concerns. Clearance is denied.


Financial

06/14/2011

Applicant has taken no action to resolve about $17,000 in delinquent debts owed to 20 creditors alleged in the Statement of Reasons, and about $23,000 in other delinquencies. Some of the debt arose from long-term medical conditions, however he failed to demonstrate either a plan to resolve his obligations or the resources to do so. Eligibility for access to classified information is denied. CASE NO: 10-03942.h1


Financial

06/14/2011

Applicant has failed to file Federal and State taxes for 2007, 2008, and 2009 due to his ongoing divorce and his wife's failure to cooperate. He has been working diligently with his attorney and accountant, and he is in the process of resolving these debts. His other finances have stabilized. Mitigation has been shown. Clearance is granted.


Financial Considerations; Personal Conduct

06/14/2011

Applicant failed to mitigate the Financial Considerations concern. She admits having 11 debts that are in collection and together total over $38,000. She has been on notice of the Government's concerns for over 18 months and has failed to take any action to resolve her financial delinquencies. Applicant did not intentionally falsify her security questionnaire. Her request for a security clearance is denied. CASE NO: 10-01204.h1


Financial

06/14/2011

As a result of the failing economy and underemployment, Applicant fell behind on his financial obligations. After consulting with a credit counseling service and a bankruptcy attorney, he filed for chapter 7 bankruptcy in 2010. Since his discharge, he has been living within his means and has regained financial stability. He also has a 21-year record of holding a security clearance with no security violations. He has successfully mitigated security concerns raised. CASE NO: 10-01130.h1


Sexual Behavior; Personal Conduct

06/14/2011

Applicant has engaged in criminal sexual conduct of downloading and viewing, on his home and work computers, sexually explicit images of underage females for sexual gratification, on multiple occasions over many years and as frequently as in 2008. Mitigation has not been shown. Clearance is denied.


Financial, Personal Conduct

06/14/2011

Applicant's SOR lists eight delinquent debts totaling $269,051. He made insufficient progress resolving these debts. He failed to disclose his delinquent debts and the suspension of his security clearance on his 2009 security clearance application. He committed offenses that resulted in preferral of charges and his resignation in lieu of trial by court-martial. He received an Other Than Honorable characterization of his service on his most recent DD Form 214. Eligibility for access to classified information is denied. CASE NO: 09-08326.h1


Criminal Conduct; Personal Conduct

06/14/2011

Applicant was arrested in 2007, and charged with Grand Theft/Exceeds $400, a Felony, after stealing $1,200 from a cash box belonging to a group of fire fighting volunteers of which Applicant was the president. Applicant plead guilty to a reduced charge and was sentenced to three years of probation, ordered to serve 120 days in jail to be served on consecutive weekends and ordered to pay restitution and probation revocation restitution. Applicant was on probation until April 2010. Applicant still owes $800 for the fine, one year after it was due to be paid. Mitigation has not been shown. Clearance is denied.


Foreign Preference

06/14/2011

Applicant exercises dual citizenship with the United States and Brazil and maintains a Brazilian passport. He maintains his Brazilian passport primarily for ease of travel to visit his immediate family members living in Brazil. He intends to retain his Brazilian citizenship and Brazilian passport knowing that doing so is at odds with DoD policy. He also maintains frequent contact with mother in Brazil and has traveled to Brazil four times using his Brazilian passport in lieu of his U.S. passport since becoming a U.S. citizen in 2002. Applicant was unable to mitigate security concerns raised. Clearance is denied.


Foreign Preference

06/14/2011

Applicant was born in Canada. He has worked for a federal contractor in Germany since 2007. Applicant obtained a foreign passport in 2003. He used the foreign passport to travel to Germany in 2005 and 2006 after he had become a U.S. citizen in 2002. He also voted in a Canadian election in 2004. He has not done so since then, and has voted in the U.S. presidential election in 2008. In 2006, he consciously decided to use only his U.S. passport for all travel. He has made 40 to 50 foreign trips in support of the U.S. Government since then, and used his U.S. passport exclusively. He surrendered his Canadian passport to his security officer. Clearance is granted. CASE NO: 09-06084.h1


Financial

06/14/2011

The decrease in the value of Applicant's house by $200,000, and the significant increase in the amount he would be required to pay on his home loans resulted in Applicant being unable to make his home loan payments. Because of the decrease in value of the home, it could not be sold in a regular sale, nor would renting the house allow Applicant to pay the mortgage loans and to pay for rent. Applicant notified his employer's security officer and vacated the home, immediately when he stopped making payments on the two loans used by Applicant to purchase the house. Applicant is not overdue or in arrears on any other debts. Mitigation has been shown. Clearance is granted.


Financial; Personal Conduct

06/14/2011

In January 2003, Applicant's credit was excellent, and he started accumulating investment properties. Commencing in 2007, because of the unexpected downturn in the economy and the housing market crash, he lost renters when they lost their jobs and were unable to pay the monthly rent. He continued making his mortgage payments from personal savings. His mortgage lenders would not offer him any assistance. In September 2007, he stopped paying his mortgages, and he eventually lost several properties through foreclosure. Applicant's other accounts are either current or in the process of being repaid. In response to a security clearance application inquiry pertaining to 180 day delinquencies, Applicant answered "yes," and merely listed two delinquent credit cards, but only referred to his mortgage problems as having difficulty in renting or selling real estate. He never stated that he had mortgage delinquencies or foreclosures, and that was a significant omission, especially since the titles to the investment properties were in his name and not in the name of a separate corporate entity. Applicant failed to answer the question completely, correctly, and truthfully. His substantial good-faith efforts pertaining to his finances are sufficient to mitigate those continuing security concerns, but his personal conduct actions raise substantial questions and doubts as to his security eligibility and suitability. Clearance is denied. CASE NO: 09-00592.h1


Guideline F

06/13/2011

The Appeal Board has no authority to consider new evidence on appeal. Applicant has not made an allegation of harmful error. However, the Appeal Board’s authority is limited to addressing allegations of harmful error. Adverse decision affirmed. CASE NO: 10-05281.a1


Foreign Influence

06/13/2011

Fifty-year-old Applicant is a Sudanese-born, naturalized U.S. citizen, who has lived in the United States since 2000. His mother and siblings, as well as his mother-in- law and his wife's siblings, are citizens and residents of Sudan, in various stages of immigration to the United States, but have had no affiliation with the Sudanese government or intelligence service. Applicant's "closest family," his wife and two children, reside in the United States. Applicant, an interpreter for the U.S. Army, has served in hazardous positions in Iraq, questioning detainees, supporting liaison with Iraqi police, accompanying U.S. military members on patrols, sweeping missions, "cordon and knocks," raids, and IED removal missions. He was injured during one mission when his vehicle was struck by an IED. He is well respected by his friends and colleagues for his honesty, integrity, and truthfulness. Concerns as to Applicant's security eligibility and suitability have been satisfied. Clearance is granted. CASE NO: 10-04322.h1


Financial

06/13/2011

Applicant is an employee of a federal contractor. In January 2009 he defaulted on his primary and secondary mortgages. The home went into foreclosure. He asserted that under state law he is no longer responsible for payment of the second mortgage that has a balance of $130,000, because it was forgiven when the foreclosure was completed. He provided no proof supporting his assertion. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Guideline C; Guideline B

06/13/2011

Applicant admitted all the SOR allegations. The Judge’s findings are based upon substantial record evidence. Applicant has not demonstrated that the Judge mis-weighed the evidence. Adverse decision affirmed. CASE NO: 10-01100.a1


Guideline I

06/13/2011

Evidence regarding Applicant’s psychological condition, offered by a Government expert and by two employed by Applicant, were not consistent. The record did not provide a basis for resolving the inconsistencies. Accordingly, the Judge concluded that Applicant had not met her burden of persuasion as to mitigation. Adverse decision affirmed. CASE NO: 08-06228.a1


Drugs

06/10/2011

Applicant abused marijuana about 20 times between March 2007 and February 2010. He smoked the drug while socializing with friends, primarily while in college, but also on five occasions after he began working for a defense contractor. He understands that prohibited drug activity is inconsistent with his responsibilities to the Government and does not intend to use any illicit substance in the future. Clearance granted. CASE NO: 10-04971.h1


Alcohol Consumption

06/10/2011

In September 2009, Applicant, then 18 years old, was stopped twice by police for alcohol-related offenses. Applicant has not drunk any alcohol since the incidents and no longer associates with his friends who abuse alcohol. He is a mature young man who is working, attending college, and volunteering in the community. He has mitigated the alcohol consumption security concern. Clearance is granted. CASE NO: 10-04789.h1


Financial

06/10/2011

Applicant owes three delinquent debts, totaling $72,857, all of which are unresolved. He 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 his financial problems are being resolved or are under control. Clearance is denied. CASE NO: 10-04179.h1


Financial

06/10/2011

In March 2009 Applicant and his second wife filed a joint Chapter 13 bankruptcy petition. They listed among unsecured priority claims a $1,282.90 child support debt owed by him to his first wife that has been satisfied through monthly payments to the bankruptcy trustee. Non-priority unsecured claims totaled $143,536.56 and included $23,723.71 for his military reenlistment bonus that is not being repaid through the bankruptcy plan. It is too soon to conclude that his financial problems are behind him, given his liability for the military bonus may well survive the bankruptcy, and he and his spouse are in divorce proceedings that have already been shown to adversely affect his finances. Clearance denied. CASE NO: 10-01359.h1


Financial; Personal Conduct

06/09/2011

Applicant is a 37-year-old employee of a defense contractor. He stole government property; he pleaded guilty under a deferred adjudication to violating a protective order; he intentionally falsified a questionnaire for national security positions; and he has unresolved delinquent debts. Clearance is denied. CASE NO: 10-03749.h1


Financial, Alcohol, Criminal Conduct

06/09/2011

Applicant accrued substantial delinquent debt since discharging $80,000 in debts in a 2006 bankruptcy, and his income is insufficient to meet recurring expenses. He is alcohol dependent with multiple alcohol-related criminal offenses. He recently completed alcohol treatment, but remains on supervised probation. His efforts to date are a good start, but are insufficient to mitigate security concerns. Eligibility for access to classified information is denied. CASE NO: 09-06675.h1


Sexual Behavior; Personal Conduct

06/09/2011

In August 2007, Applicant admitted to sexually molesting his daughter when she was between the ages of 7 and 15. In August 2009, he deliberately made a false statement to a Government investigator concerning the reasons behind the 2007 denial of his access to classified information. His egregious sexual misconduct and falsification show lack of judgment, untrustworthiness, unreliability, and lack of candor. Clearance denied. CASE NO: 09-05841.h1


Financial

06/09/2011

Applicant has three charged-off accounts, which total in excess of $51,000. He asserts his wife incurred these debts and he does not intend to pay them. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 09-05488.h1


Personal Conduct

06/09/2011

Applicant used countermeasures to modify the results of a polygraph examination. He disclosed classified information to his wife on two occasions. He did not inform the Government of contacts with foreign nationals until months after they occurred. Applicant's actions raise doubts about his trustworthiness and ability to follow rules and regulations. Clearance is denied. CASE NO: 09-03370.h1


Financial

06/09/2011

Applicant is 32 years old. He has been working since he was 18 years in the informational technical field yielding substantial salaries. He has saved his money and invested in real estate. He has no delinquent debts and has always filed and paid his taxes on time. The Government failed to provide evidence of any security concerns. Clearance is granted. CASE NO: 08-11429.h1


Foreign Influence

06/08/2011

Applicant is 55 years old and is employed as a consultant for a defense contractor. Her foreign influence that includes her spouse, a dual citizen of Italy and the U.S., two bank accounts and two investment properties in Italy, and a bank account in Austria, have been mitigated. Clearance is granted. CASE NO: 10-02619.h1


Financial

06/08/2011

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

06/08/2011

Applicant testified credibly, and additional evidence was persuasive, that the debts listed on the SOR were not incurred by Applicant or his wife. He is attempting to clear his credit history by disputing these debts. Mitigation has been shown. Clearance is granted.


Financial

06/07/2011

Applicant failed to provide documentation to establish that he had paid or otherwise attempted to resolve eight financial delinquencies alleged in the SOR. He stated that he had no money to satisfy these debts but would pay them at some unspecified time in the future. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 10-00663.h1


Financial; Personal Conduct

06/07/2011

Applicant filed a Chapter 13 bankruptcy in May 1996 and completed the payment plan in November 2000. He filed a second Chapter 13 bankruptcy in March 2006, which was dismissed in May 2008 for failure to make the required payments. He failed to timely file his federal and state income tax returns for several years. He has accumulated numerous delinquent debts that are unresolved. He told a security investigator that he had filed all his federal returns as of the date of the interview, but the interview summary reflects that he said he filed his tax returns "every year." He has refuted the allegation of giving false information to the investigator, but he has not mitigated the security concerns based on financial considerations. Clearance is denied. CASE NO: 08-03870.h1


Foreign Influence

06/07/2011

Applicant is 53 years old. He married a citizen of Russia in 2005. They presently live in a foreign country where Applicant works for a federal contractor. His wife maintains more than casual contact with her relatives in Russia and has substantial financial interests there. She visits Russia to see her relatives. Applicant failed to mitigate the security concerns under Guideline B, Foreign Influence. Clearance is denied. CASE NO: 07-08793.h1


Guideline B

06/06/2011

Hearing Office decisions are binding neither or other Hearing Office Judges nor on the Appeal Board. Adverse decision affirmed. CASE NO: 10-02660.a1


Foreign Influence

06/06/2011

Applicant is 45 years old and employed as an Industrial Engineer by a defense contractor. His casual and limited foreign contacts with his mother, a dual citizen of Iran and the United States, who resides in Iran, and his three sisters who are citizens and residents of Iran, do not pose a security risk. Clearance is granted. CASE NO: 10-00049.h1


Alcohol

06/06/2011

Applicant is 32 years old and employed as an Engineering Technician by a defense contractor. His extensive history of alcohol abuse that includes three arrests, including two for DUI, and relapse following alcohol treatment, has not been mitigated by sufficient evidence of rehabilitation. Clearance is denied. CASE NO: 09-08248.h1


Guideline F; Guideline E

06/06/2011

Applicant failed to demonstrate that the Judge did not consider, or mis-weighed, all of the record evidence. An ability to argue for a different interpretation of the record evidence is not sufficient to show that the Judge mis-weighed the evidence. Adverse decision affirmed. CASE NO: 08-11458.a1


Foreign Influence

06/04/2011

Applicant's mother, three brothers, and sister are Iraqi citizens residing in Iran. His father and three other brothers are Iraqi citizens and residents. He has not mitigated foreign influence security concerns. Clearance is denied. CASE NO: 10-03477.h1


Financial; Personal Conduct

06/04/2011

Applicant received a Chapter 7 bankruptcy discharge in September 2001. Thereafter, he accumulated numerous delinquent debts, including 19 medical bills related to a chronic medical problem, two delinquent student loans, and six delinquent credit card accounts. Clearance is denied. CASE NO: 10-02576.h1


Financial, Alcohol

06/03/2011

Applicant's debts were discharged under Chapter 7 of the Bankruptcy Code in January 2004, and the statement of reasons (SOR) lists 11 delinquent debts totaling $9,635. He made sufficient progress resolving his 11 SOR debts, and financial considerations concerns are mitigated at this time. He had three incidents resulting in three convictions for driving while intoxicated by alcohol (DUI), and his most recent DUI was on May 13, 2010. Alcohol consumption concerns are not mitigated and eligibility for access to classified information is denied. CASE NO: 10-05533.h1


Drugs

06/03/2011

Applicant is a 24-year-old employee of a federal contractor. The evidence shows he has a history of drug abuse, which ended in late 2009, when he graduated from college. He has since abstained from drug abuse, and he does not intend to abuse any drugs in the future. He presented sufficient evidence to mitigate the drug involvement security concerns. Clearance is granted. CASE NO: 10-03974.h1


Foreign Influence, Personal Conduct, Drugs

06/03/2011

Security concerns were identified over Applicant's family ties to Afghanistan, his purported falsifications during the security clearance vetting process, and one-time marijuana use in December 2007. Applicant's connections to the United States are far more substantial than those to Afghanistan. Most notably, he seeks to serve as a linguist accompanying U.S. Armed Forces in Afghanistan at great personal risk. His falsification allegations were determined to be unfounded and his one-time marijuana use was mitigated given the passage of time and commitment to remain drug-free. Applicant successfully mitigated all security concerns. Clearance is granted.


Financial, Personal Conduct

06/03/2011

Applicant's statement of reasons (SOR) lists eight delinquent debts totaling $132,916. He paid or settled six debts. Financial considerations concerns are mitigated. However, he intentionally failed to disclose derogatory information on his June 20, 2007 security clearance application. Personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-08023.h1


Financial

06/03/2011

Applicant is a 52-year-old employee of a defense contractor. He paid his delinquent state and federal taxes out of an inheritance, thereby mitigating financial considerations security concerns. CASE NO: 09-05638.h1


Financial

06/02/2011

Applicant has had a history of overdue debts, none of which have not been resolved. Mitigation has not been shown. Clearance is denied.


Guideline F

06/02/2011

Hearing Office decisions in other cases may be cited as persuasive authority, but they are not binding legal precedent. The Judge reasonably explained her conclusion that Applicant had not mitigated the security concerns in his case. Adverse decision affirmed. CASE NO: 10-03020.a1


Guideline F

06/02/2011

The Judge’s material findings of security concern were supported by substantial record evidence. Applicant failed to rebut the presumption that the Judge considered all of the evidence. Adverse decision affirmed. CASE NO: 10-01756.a1


Guideline F

06/02/2011

Applicant failed to demonstrate that the Judge weighed the evidence in a manner that was arbitrary, capricious, or contrary to law. Judge reasonably explained his conclusion that Applicant had failed to mitigate the security concerns in his case. Adverse decision affirmed. CASE NO: 09-03480.a1


Financial

05/31/2011

While a three-month period of unemployment and a pending divorce contributed to Applicant’s financial problems, he has been employed since June 2007. Security concerns are not mitigated because Applicant did not demonstrate that he made a good-faith effort to resolve his two largest debts and his monthly income is less than his monthly expenses. Clearance is denied. CASE NO: 11-00189.h1


FOREIGN INFLUENCE; FOREIGN PREFERNCE

05/31/2011

Applicant, a naturalized citizen, was born in Iran. His parents and five of his eight siblings are citizens and residents of that country. Applicant also holds a valid Iranian passport that he used to enter Iran in 2004. He failed to mitigate the foreign influence and foreign preference concerns raised in this case. Clearance is denied. CASE NO. 10-05921.h1


Financial

05/31/2011

The Applicant has not mitigated the security significance of his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-05019.h1


Financial

05/31/2011

Applicant owes $456,897 to 11 creditors. While he was unemployed almost a year in 2008, he has been working at his current job since January 2009. To his credit, he has eliminated a child support and vehicle arrearage. But, he has taken no steps to pay even the smaller delinquent accounts listed in the Statement of Reasons. Eligibility for public trust position is denied.


Financial

05/31/2011

Applicant is a 42-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties as evidenced by more than $60,000 in delinquent debt based on four charged-off credit card accounts. In November 2008, he entered into a debt-settlement program and has since made 29 monthly payments totaling about $31,871, of which $19,000 was used to settle two debts. That is sufficient to constitute initiating a good-faith effort to repay overdue creditors or otherwise resolve debts. Applicant presented sufficient evidence to overcome the security concerns raised by his history of financial problems. Clearance is granted. CASE NO: 10-03908.h1


Drugs

05/31/2011

Applicant failed to mitigate the security concern stemming from his marijuana use. Clearance is denied. CASE NO:10-02826.h1


Financial

05/31/2011

Applicant's initial financial problems arose because of the downturn in the economy. His employer eliminated overtime and he was put on furlough with mandatory days off without pay. The absence of overtime continued through March 2009. Applicant borrowed needed funds to enable him to pay his mortgage, and eventually repaid the loan. He engaged the services of a debt management company to resolve two delinquent credit card accounts, and hired an attorney to dispute and defend a foreclosure action which he contends was filled with fraud. He settled one credit card debt, and is now working on the other credit card debt. The foreclosure action is in the state court, and Applicant's attorney believes Applicant can prevail. Applicant is current on all other accounts and has not incurred any new debts. Applicant did not turn his back on his creditors. Instead, he followed legal and financial advice. His substantial good-faith efforts are sufficient to mitigate continuing security concerns. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 10-01707.h1


Financial

05/31/2011

The Statement of Reasons alleges more than $50,000 in delinquent debt related to a mortgage foreclosure and other delinquencies. Applicant has not made attempts to determine the status of the mortgage debt, or to establish payment plans or otherwise resolve the remaining debts. She has not shown the necessary track record of meeting her financial obligations. Clearance is denied. CASE NO: 10-01641.h1


Foreign Influence

05/31/2011

Applicant's mother, a dual U.S./Iranian citizen, has traveled to Iran nearly every year for the past ten years and intends to return in the future. This generates a security concern for Applicant that he failed to mitigate. Clearance is denied. CASE NO:10-01273.h1


Financial

05/31/2011

Applicant accumulated 40 debts totaling $460,433, and was arrested in 2002 for writing checks with insufficient funds. Seven of those forty debts are for federal or state income tax arrearages. The remaining debts are primarily for credit cards or medical bills. Although several factors led to Applicant's current financial situation such as a former employee stealing checks, a former roommate intercepting her IRS audit notice, and a downturn in the economy, Applicant's efforts to mitigate financial security concerns have been unsuccessful. Applicant has been employed full-time during the past two years and has made little or no effort to resolve these debts despite being put on notice of the Government's concerns as early as 18 months before her hearing. No mitigating conditions fully apply. Clearance is denied. CASE NO: 10-00287.h1


Financial; Personal Conduct

05/31/2011

Over the past ten years, Applicant accrued $85,000 of delinquent debt that remains outstanding. He also failed to disclose it on his security clearance application. These issues generate financial considerations and personal conduct security concerns that Applicant failed to mitigate. Clearance is denied. CASE NO:10-00036.h1


Guideline F

05/31/2011

The Judge found that Applicant has been diligent, and has paid off or otherwise resolved several debts. The Judge does not explain how applicant’s conduct was not responsible. Adverse decision reversed.


Criminal Conduct; Personal Conduct

05/31/2011

Applicant's felony convictions for conspiracy and fraud, and his falsification of his clearance application by deliberately failing to disclose those convictions, render him an unsuitable candidate for access to classified information. Clearance denied.


Financial

05/31/2011

Applicant incurred delinquent debt when he lost his wife's income when she gave birth to twins in 2001, and could not work for four years. However, he and his wife have been gainfully employed for over five years and have received significant income tax refunds. Applicant has not presented information that he paid the debts or made sufficient inquiries of creditors concerning the debts. Eligibility for access to classified information is denied. CASE NO: 09-07139.h1


Alcohol; Personal Conduct

05/31/2011

Applicant has a history of excessive drinking, at times daily, to cope with anxiety and with work and marital stress. He received voluntary alcohol counseling in 2005 and again in 2009, but despite a diagnosis of alcohol dependence and attendance at AA, he continued to abuse alcohol on occasion until July 2010. He began counseling in January 2011 with a psychotherapist well experienced in the treatment of substance abuse, but it is too soon to conclude that his alcohol abuse is safely behind him. Personal conduct concerns raised by Applicant's use of marijuana in May 2006, in knowing disregard of the Government's and his employer's policies prohibiting illegal drug use, are mitigated by the passage of time with no recurrence. Clearance denied. CASE NO: 09-06750.h1


Financial

05/31/2011

Although Applicant made substantial progress dealing with her delinquent debt, she failed to mitigate the security concerns raised because she will soon have to begin repaying her deferred educational loans while suffering the loss of $1,500 per month social security payments. Clearance denied.


Foreign Influence; Personal Conduct

05/31/2011

Although Applicant mitigated the security concerns raised by his personal conduct, he failed to mitigate the foreign influence security concerns. Clearance denied. CASE NO: 09-06481.h1


Foreign Influence

05/31/2011

Applicant was born in India. He is in touch with several family members there. He owns a house in India and also has a small bank account. The house is for sale. He has lived in the U.S. since 1997, and has worked for federal contractors for years. Applicant’s wife and two children are U.S. citizens. His home, bank accounts, and investments in the United States are far more substantial than his holdings in India. Applicant's family, employment, and financial interests in the United States are more significant than his ties to India. Clearance is granted. CASE NO: 09-05673.h1


Drug Involvement; Personal Conduct

05/31/2011

Applicant is a 55-year-old employee of a defense contractor. Applicant has not mitigated the Drug Involvement or Personal Conduct security concerns created by his 40-year history of drug use and falsification to the Government. Eligibility for access to classified information is denied. CASE NO: 07-09077.h1


Financial

05/29/2011


Personal Conduct

05/26/2011

The Applicant lied to the Government in a questionnaire and in an interview concerning his education, job history and arrest history. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-02156.h1


Financial

05/26/2011

Fifty-year-old Applicant's initial financial problems commenced when the local economy and the local housing market burst some time during 2005-06. She scrambled to find renters or buyers for her three properties; she reduced the asking prices for both sale and rent; she continued paying her mortgages by using funds from her 401(k); and she exhausted all of her assets in trying to keep the mortgage on one property current. Her continuing experiences with the mortgage lender have been exhausting. Various short sale offers were received by Applicant and promptly submitted to the mortgage lender, only to face lengthy delays (in one instance taking nine months) in processing. Applicant has been unable to resolve all three of her mortgages by bringing them up to date, but she did do so with two of the properties. And her efforts pertaining to the remaining property have been unrelenting. Considering the depth of Applicant's financial difficulties during that period, and her subsequent efforts to regain financial stability, her financial problems are unlikely to recur and do not cast doubt on her current reliability, trustworthiness, or good judgment. Substantial questions and doubts as to her security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 10-01822.h1


Financial

05/26/2011

Applicant failed to mitigate the security concerns raised by his over $56,000 delinquent debt. Eligibility for public trust position denied.


Personal Conduct; Handling Protected Information; Information

05/26/2011

Applicant is 48 years old and works for a federal contractor. He did not knowingly and deliberately remove proprietary or sensitive information from his place of employment. Applicant mitigated the alleged security concerns. Clearance is granted. CASE NO: 09-03693.h1


Drugs; Criminal Conduct; Personal Conduct

05/26/2011

Applicant is a 49-year-old employee of a federal contractor. The evidence shows she has a well-documented and lengthy history of drug abuse and related criminal conduct, which ceased in 2000. She presented sufficient evidence of reform and rehabilitation to mitigate the drug involvement and criminal conduct security concerns. She did not give deliberately false answers to three questions about her police record when completing a security clearance application in 2008. Clearance is granted. CASE NO: 09-01543.h1


Financial

05/26/2011

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. Applicant's disputes with the credit reporting agencies have resulted in several debts being deleted from his credit bureau report. Although provided with an opportunity to submit additional documentation following an appeal, the new evidence did not demonstrate any payments made toward debts or establishment of a plan to resolve his debts. Without a payment plan or other efforts to meet his financial obligations, security concerns remain. Clearance is denied. CASE NO: 08-11526.h2


Drugs

05/25/2011

Applicant, 28, has a ten-year history of illegal drug use, primarily marijuana. His most recent use of marijuana was in June 2009. He is commended for disclosing his illegal drug use in his security clearance application (SCA). Notwithstanding, he has not participated in substance abuse counseling or treatment. He presented no evidence of a recent diagnosis with a favorable prognosis. In light of his age, his many years of using illegal drugs, and the little corroborating evidence about a permanent lifestyle change and disassociation from his drug-using friends, I find that the passage of time alone is insufficient to mitigate the Guideline H security concerns. Clearance is denied. CASE NO: 10-05697.h1


Financial

05/25/2011

Applicant has her own business. She and her husband, a mortgage broker, invested in real estate. When the mortgage crisis hit, and her husband unexpectedly died, she had difficulty finding renters and keeping up with the mortgage payments. She made concerted efforts to keep the three problem loans up-to-date, but was required to allow them to become delinquent in order to qualify for loan modifications. She retained an attorney to help resolve the debts, and the three loans are either resolved or in negotiation. Applicant's efforts to meet her obligations demonstrate reliability and a mature response to unexpected events. Clearance is granted. CASE NO: 10-02707.h1 DATE: 05/25/2011


Criminal Conduct

5/25/2011

Applicant failed to mitigate the Criminal Conduct security concerns raised by three separate criminal incidents occurring from 2002 through 2009. Eligibility for access to classified information is denied. CASE NO:09-07714.h1


Financial

05/25/2011

In January 2011, Applicant retained legal counsel to file for a Chapter 7 bankruptcy. Applicant owes about $30,000 in delinquent consumer credit debt, not including a $2,363.95 collection debt for medical treatment for his spouse. He also incurred state and federal tax liabilities totaling $12,882 for tax years 2004 through 2007. He arranged to repay his federal tax debt at $75 per month and a timeshare loan debt at $60 per month starting in 2009, but he has not made any payment on the timeshare debt since May 2010, and he missed four payments to the IRS in 2010. Circumstances beyond his control only partially explain his ongoing financial struggles. Clearance denied. CASE NO: 09-07424.h1


Financial; Personal Conduct

05/25/2011

Applicant accrued nearly $30,000 in delinquent federal and state tax debt by claiming excessive exemptions from withholdings for which she did not qualify. She also accrued about $8,000 in delinquent commercial credit debts through poor management of her personal finances. Finally, she deliberately omitted her past-due debts from a recent clearance application. Clearance denied. CASE NO: 09-017121.h1


Financial

05/25/2011

Applicant failed to mitigate the security concerns raised by his history of financial problems. Clearance denied.


Criminal Conduct; Alcohol

05/25/2011

Applicant is a U.S. Marine veteran with a lengthy history of arrests and convictions that involve serious traffic and alcohol-related offenses over a ten-year period spanning 1997 and 2008. He continues to consume alcohol, sometimes at abusive levels, and lacks any documented rehabilitation program. Afforded an opportunity to supplement the record with his substance abuse counselor's report, Applicant elected not to supplement the record. Without more documentary proof that Applicant is no longer a recurrent risk to abuse alcohol and commit traffic and alcohol-related offenses, safe, predictive judgments cannot be made. Applicant does not mitigate criminal conduct and alcohol concerns. Clearance is denied. CASE NO: 09-04570. h1


Sexual Conduct; Personal Conduct

05/25/2011

Applicant viewed and possessed child pornography at various time between 1991 and 2003. He failed to produce sufficient evidence to mitigate the security concerns. Clearance denied. CASE NO: 09-00079.h1


Financial Considerations

05/24/2011

Because he was living beyond his means with "reckless abandonment" at the time, now fifty-year-old Applicant first started to experience financial difficulties in November 2008. At that point, he simply failed to keep up with his monthly payments, and accounts started to become delinquent. Some accounts were placed for collection and some accounts were charged off. One went to judgment. Applicant's delinquent accounts have remained unaddressed by him since November 2008. He subsequently indicated there was no way he could pay off his old debt, and he was contemplating filing for bankruptcy if he was unable to negotiate lower settlements. Applicant has produced no evidence to indicate that he has contacted his creditors, attempted to negotiate settlements, established repayment plans, commenced making any payments, or taken steps to file for bankruptcy. With a monthly net remainder of $325 available for discretionary spending, it was possible that Applicant could have commenced the payment of some delinquent accounts. Nevertheless, the creditors have not been contacted, and the accounts remain unpaid or unresolved. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 10-08272.h1


Drugs

05/24/2011

Applicant is a 22-year-old employee of a defense contractor. She used marijuana on several occasions while in college. She has not used illegal drugs since April 2010, and she credibly committed to remaining drug free. She mitigated the drug involvement security concerns. Clearance is granted. CASE NO: 10-07038.h1


Drugs

05/24/2011

Applicant is a 57-year-old employee of a defense contractor. He used illegal drugs on two occasions while holding a security clearance. He has not mitigated drug involvement security concerns. Clearance is denied. CASE NO: 10-06480.h1


Financial

05/24/2011

Applicant has had a history of overdue debts, due in part to his marriage and his subsequent divorce. 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.


Personal Conduct

05/24/2011

Applicant used illegal substances while maintaining a security clearance. Also, Applicant furnished untruthful information about her drug use to the Government on several security clearance applications and to a Government investigator. Mitigation has not been shown. Clearance is denied.


Guideline H

05/24/2011

In light of Applicant’s use of a hallucinogenic drug after he had been granted an interim security clearance and after he had completed his security clearance application, the Judge’s conclusion that Applicant had failed to demonstrate mitigation is sustainable. Some of the Judge’s statements appear inconsistent with his unfavorable decision. However, viewed in light of the record as a whole, these inconsistent statements are harmless error. Adverse decision affirmed. CASE NO: 10-03232.a1


Financial

05/24/2011

The Statement of Reasons alleges delinquent debts amounting to more than $97,000. Applicant paid two debts, after the security clearance process began. However, her largest debt of $95,000 for a second mortgage on a foreclosed home remains unpaid, with no plan in place to resolve it. Clearance is denied. CASE NO: 10-01903.h1


Guideline B; Guideline C

05/24/2011

Applicant failed to demonstrate that the Judge gave too much weight to the disqualifying circumstances while failing to consider, or mis-weighing, evidence in mitigation. Hearing Office decisions in other cases are binding neither on other Hearing Office Judges or on the Appeal Board. Adverse decision affirmed. CASE NO: 10-00272.a1


Financial Considerations

05/24/2011

Forty-six-year-old Applicant's initial financial delinquencies in 2006 were the unfortunate consequence of her daughter's illness and Applicant's efforts to care for her. Her financial difficulties continued because of her time off from work and eventual reduced salary, as well as her husband's lengthy period of unemployment due to the collapse of the construction industry. Throughout 2008, Applicant worked overtime in an effort to get ahead financially to be able to address her delinquent accounts. Applicant is current on all other accounts and has not incurred any new debts since 2008. She obtained financial guidance and counseling, and engaged attorneys to assist her in resolving her delinquent accounts. She obtained a modification of her home loan mortgage. Applicant did not turn her back on her creditors. Instead, she followed legal advice and went the route of bankruptcy. Unfortunately, her efforts were delayed when one bankruptcy attorney declared bankruptcy, another declined to represent her, and she was forced to pay another bankruptcy attorney to represent her. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 09-07757.h1


Financial

05/24/2011

Applicant accumulated 12 debts totaling $56,724. He accrued the majority of these debts five years before his hearing. Several events contributed to Applicant incurring these debts to include a three-month period of unemployment in 2003, a real estate investment that went bad in 2003, and a cross-country move in 2003 to join his family after learning his stepson was severely injured. However, Applicant has been employed full-time during the past five years and has made little or no effort to resolve these debts. No mitigating conditions fully apply. Clearance is denied. CASE NO: 09-07683.h1


Guideline C; Guideline B; Guideline E

05/24/2011

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 Judge weighed the evidence or reached conclusions in a manner that is arbitrary, capricious, or contrary to law. Applicant has submitted new evidence on appeal, which the Board cannot consider. Adverse decision affirmed. CASE NO: 09-04933.a1


Financial

05/23/2011

In view of Applicant's regular marijuana use from July 2003 to January 2010, she bears a heavy burden of persuasion to show she has no intention of resuming marijuana use. She has not presented sufficient evidence to establish she will forego drug use in the future. Eligibility for access to classified information is denied. CASE NO: 10-08056.h1


Criminal Conduct; Personal Conduct

05/23/2011

Applicant has a history of arrests and convictions from 1995 until 2009 that are theft-related. She did not disclose her criminal record on an employment application for a state job. She has a history of speeding tickets that she has not paid. Applicant has not mitigated the security concerns under criminal conduct or personal conduct. Clearance is denied. CASE NO: 10-06281.h1


Financial

05/23/2011

Applicant received a Chapter 7 bankruptcy discharge in February 2002. Thereafter, he became delinquent on a credit card account, two cell phone accounts, and a home improvement loan. He is making regular payments on the credit card account. He denied the cell phone debts but has done nothing to dispute or resolve them. He admitted the delinquent home improvement loan but has been unable to resolve it. Clearance is denied. CASE NO: 10-05794. h1


Financial

05/23/2011

Applicant has a history of financial problems or difficulties that remain unresolved. Applicant did not present any evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Accordingly, this case is decided against Applicant. CASE NO. 10-02574.h1 DATE: 05/23/2011


Foreign Influence; Foreign Preference

05/23/2011

Applicant, a naturalized United States citizen originally from the Israeli-occupied West Bank, mitigated the foreign preference security concern, but failed to mitigate the foreign influence security concern. Clearance is denied. CASE NO: 10-01872.h1


Financial

05/23/2011

Applicant owes 11 delinquent debts, totaling near $39,000, all of which are unresolved. He established circumstances beyond his control that contributed to his financial problems. Notwithstanding, he presented little 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 his financial problems are being resolved or are under control. Clearance denied. CASE NO: 10-01531.h1


Drugs; Financial

05/23/2011

Applicant mitigated the financial considerations security concerns, but failed to mitigate the drug involvement security concern. Clearance is denied. CASE NO: 10-01355.h1


Personal Conduct

05/20/2011

Applicant's brief involvement with illegal drugs during college is mitigated, as are two violations of his school's policy against underage use of alcohol. However, Applicant deliberately falsified his security clearance application when asked about his drug and alcohol use. He did so because he was concerned that he would not get his clearance or his job. Clearance denied. CASE NO: 10-03008.h1


Alcohol Consumption

05/20/2011

Fifty-six-year-old Applicant commenced drinking alcohol as a teenager, and with the exception of his early period of abstinence from February to August 1998, and various periods of occasional drinking, Applicant's alcohol consumption has generally been daily. On frequent occasions, his alcohol consumption could be characterized as binge drinking. His abuse of alcohol caused health issues. He has abstained since March 6, 2009 when he voluntarily entered detoxification at the hospital. His hospital discharge diagnosis was alcohol withdrawal improved, with secondary diagnoses including acute alcohol intoxication and alcohol abuse continuous. He followed up his hospitalization with AA (180 meetings in 90 days), his primary care physician, and also outpatient alcohol counseling with an LCSW. He acknowledges that he is an alcoholic and can never drink alcohol again. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 10-02669.h1


Financial Considerations

05/20/2011

Applicant had three properties that went to foreclosure. The mortgage lenders cannot or are not pursuing any deficiency following the foreclosures. He has no other financial difficulties. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 10-01978.h1


Financial

05/20/2011

Applicant is 44 years old. He was laid off from his job in March 2009 and was unemployed for about four months. When he finally found a job, it was lower-paying than his old job. A previous employer did not pay Applicant's health insurance premiums from the money withheld from his pay check, and he incurred medical bills that should have been paid by insurance. He credibly testified that he will resolve the resulting delinquent debts. He has mitigated financial considerations security concerns. CASE NO: 10-00219.h1


Drugs, Criminal Conduct

05/20/2011

Applicant used marijuana about 25 to 30 times between 2004 and September 2008. He was arrested three times and convicted twice for drug-related offenses. He was 19 to 23 years old when his marijuana use and criminal conduct occurred. Since September 2008, he has not used marijuana and has obtained a job. He has passed two drug tests in his current job. He no longer associates with drug users and signed a Statement of Intent to abstain from illegal drugs in the future. He has mitigated the drug involvement and criminal conduct security concerns. Eligibility for access to classified information is granted. CASE NO: 09-08333.h1


Finances; Personal Conduct

05/20/2011

Applicant accrued more than $160,000 in delinquent debt, primarily through unpaid student loans and a failed real estate venture. She also deliberately made a false statement to the Government about her finances when she submitted her application for a position of trust. Applicant failed to mitigate the security concerns raised by her financial problems and her personal conduct. Applicant's request for a position of trust is denied. CASE NO: 09-05295.h1


Financial; Personal Conduct

05/20/2011

Applicant accrued more than $20,000 in delinquent debt and deliberately made a false statement to the Government about her finances. She failed to mitigate the security concerns raised by her financial problems and her personal conduct. Applicant's request for a position of trust is denied. CASE NO: 09-05289.h1


Financial

05/19/2011

Applicant accumulated numerous delinquent debts, including more than $5,000 in delinquent federal income taxes. He did not file state income tax returns for five years. He has negotiated a payment plan for his federal tax debt but has not resolved his state tax debt. He has begun a debt management plan for seven other debts but has made only one payment. Clearance is denied. CASE NO: 10-06994.h1


Financial Considerations

05/19/2011

Applicant failed to file his 2004 through 2009 federal income tax returns as required. In 2007, he had a $38,000 federal tax lien entered against him, which has yet to be satisfied. He has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 10-04590.h1


Financial; Personal Conduct

05/19/2011

Applicant is 31 years old and employed as an Aircraft Structural Mechanic by a defense contractor. His history of excessive indebtedness, partially caused by circumstances beyond his control, and partially caused by poor financial decisions, has been resolved by a good-faith effort, and there is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-03243.h1


Financial

05/19/2011

Applicant has a history of not meeting financial obligations that dates to June 2006. However, before he received the SOR in August 2010, he took documented steps to resolve the mortgage foreclosure and establish repayment plans with three other creditors. Eligibility for access to classified information is granted.


Financial

05/19/2011

Applicant is a 52-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 and unpaid taxes. Clearance is denied. CASE NO: 10-01574.h1


Financial

05/19/2011

Applicant has substantial delinquent debt, including more than $72,000 in unpaid Federal taxes. During the past year, she has hired a company to help resolve her tax debts, and has repaid or begun periodic payments toward several other debts. She made a good start toward addressing financial security concerns, but the efforts to date are insufficient to fully mitigate them. Eligibility for access to classified information is denied. CASE NO: 10-00139.h1


Guideline F

05/19/2011

Applicant failed to demonstrate that the Judge erred in her analysis of the mitigating conditions. The Board cannot consider evidence not included in the record. Adverse decision affirmed. CASE NO: 09-07456.a1


Financial; Personal Conduct

05/19/2011

Applicant is 47 years old and employed as a Command Post Systems Advisor by a defense contractor. His history of financial indebtedness caused by his ex-wife, who failed to pay the bills while he was on military deployment, has been resolved by a good faith effort. His pattern of criminal and vehicular violations and poor personal conduct stopped in 2005, and has not occurred for the past six years. There is sufficient evidence of rehabilitation. Clearance is granted. CASE NO: 09-06989.h1


Guideline E

05/19/2011

Judge’s finding that Applicant deliberately provided false information during the security clearance process is sustainable. Hearing Office decisions are not binding on the Board or on other Hearing Office Judges. Adverse decision affirmed. CASE NO: 09-03448.a1


Personal Conduct; Alcohol; Drugs; Criminal Conduct

05/19/2011

Applicant used marijuana for many years while holding a security clearance. He accumulated a long criminal record of traffic offenses, drug-related offenses, and alcohol-related offenses. He falsified his security clearance application by not disclosing his marijuana use and the full extent of his criminal record. He concealed his marijuana use from his treating clinician while in a drug and alcohol treatment program. He has abstained from drugs and alcohol since April 2009 and participated in Alcoholics Anonymous since April 2009. Security concerns based on alcohol consumption and drug involvement are mitigated, but concerns based on personal conduct and criminal conduct are not mitigated. Clearance is denied. CASE NO: 08-11944.h1


Financial Considerations

05/18/2011

Applicant has one debt of over $55,000, which is past due, on a second mortgage. The property was sold in a short sale and Applicant thought the sale legally satisfied this debt. However, he has begun payments to this creditor and is attempting to negotiate a payoff amount. He made a good-faith effort to address the financial security concerns. Based upon a review of the pleadings, exhibits, and testimony, eligibility for access to classified information is granted. CASE NO: 10-06913.h1


Financial

05/18/2011

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. CASE NO: 10-05449.h1


Foreign Influence

05/18/2011

Applicant was born in India. He has lived in the U.S. since 1999, and has worked for the same federal contractor since 2002. He is in touch with several family members in India. Applicant's wife and two children are U.S. citizens. He owns a home in the United States, and has no business or financial interests in India. Applicant's ties to the United States are more significant than those to his family in India. Clearance is granted. CASE NO: 10-04698.h1


Finances

05/18/2011

Applicant's 2009 credit report listed numerous debts exceeding $23,000 and a small state tax lien that Applicant disputes. She documented her claims with dispute letters to the listed creditors and credit reporting agencies in 2009 and 2010 and was successful in enlisting the removal of several of the debts from her credit reports. All but one of the remaining creditors never responded to her inquiries. Applicant pays as agreed with her current debts, and there are no other proofs of the debts besides the credit reports in evidence. Based on her documented good-faith disputes of the debts listed in her credit reports, Applicant mitigates security risks associated with her listed delinquencies. Clearance is granted. CASE NO: 09-03922.h1


Financial; Alcohol; Criminal Conduct

05/18/2011

Applicant is a 48-year-old employee of a defense contractor. He has three alcohol-related incidents, the last occurring after his clearance was revoked in part for his previous two incidents. He also has unresolved delinquent debts. Clearance is denied. CASE NO: 07-09746.h1


Foreign Influence

05/17/2011

Applicant mitigated the security concern generated by his relatives who are Afghani citizens living in either Pakistan or Canada. Clearance is granted. CASE NO: 10-01746.h1


Drugs

05/17/2011

Applicant failed to mitigate the security concerns raised by his involvement with illegal drugs between 1995 and 2009. Request for a security clearance is denied. CASE NO: 10-01470.h1


Finances

05/17/2011

Applicant accumulated a number of delinquent debts after his flooring business incurred substantial business losses in 2007 and 2009. Since obtaining his current employment, he has paid most of his smaller delinquent debts and worked out a repayment plan with his largest creditor. Based on his documented repayment efforts to date, Applicant mitigates security risks associated with his debt delinquencies. Clearance is granted. CASE NO: 10-01178.h1


Financial Considerations

05/17/2011

Applicant owes more than $40,000 in delinquent federal tax. He has failed to rebut or mitigate the financial considerations security concern. Clearance is denied. CASE NO: 10-01012.h1


Guideline F

05/17/2011

Applicant made no assertion of harmful error. The Board cannot consider new evidence on appeal. Adverse decision affirmed. CASE NO: 10-00983.a1


Drugs; Criminal Conduct; Financial; Personal Conduct

05/17/2011

Applicant is a 38-year-old employee of a defense contractor. He joined a gang when he was nine years old. He was heavily involved in drugs and criminal activity until 2000. He quit drugs and has not been involved in a serious crime since 2000. He mitigated personal conduct, drug involvement, and criminal conduct security concerns, but he has not mitigated financial considerations concerns raised by his history of delinquent debts. Clearance is denied. CASE NO: 10-00416.h1


Financial

05/17/2011

Applicant is a 35-year-old employee of a federal contractor. The evidence shows she has a history of financial problems (i.e., delinquent debts). Those difficulties resulted from a troubled marriage in which her husband controlled all financial matters to her detriment. She separated from her husband and obtained a divorce in 2009. She initiated a good-faith effort to repay, settle, or otherwise resolve her debts. She credibly disputed certain debts, and she is now living within her means. Applicant presented sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from her history of financial problems. Clearance is granted. CASE NO: 09-08199.h1


Guideline F

05/17/2011

The Board cannot receive or consider new evidence on appeal. The adverse impact an unfavorable decision may have on an applicant is not relevant in evaluating his security eligibility. Applicant has not made an assertion of harmful error. Adverse decision affirmed. CASE NO: 09-06545.a1


Personal Conduct

05/17/2011

Applicant was involved in ten separate substantiated allegations under this concern. His conduct includes six years of various drug involvement, a traffic-related infraction, a driving under the influence arrest, and four separate falsifications of his August 2008 security clearance application. These ten allegations spanned a ten-year period from 1998 to 2008. Applicant failed to mitigate the security concerns raised. Eligibility for access to classified information is denied. CASE NO: 09-05111.h1 DATE: 05/17/2011


Guideline E

05/17/2011

Applicant failed to demonstrate that the Judge mis-weighed evidence concerning her ex-husband’s responsibility for initiating conduct alleged in the SOR. The Judge’s whole-person analysis is sustainable even though he did not explicitly mention every factor listed in the Directive. Adverse decision affirmed. CASE NO: 08-04806.a1


Foreign Influence

05/16/2011

Applicant has family members in Taiwan. He maintains contact with them and visits them. Several family members were senior officers in the Taiwanese Army. He has not mitigated the security concerns under foreign influence. Clearance is denied. CASE NO: 10-07992.h1


Financial

05/16/2011

Applicant is 45 years old and employed as a Receptionist by a defense contractor. Her history of excessive indebtedness brought on by real estate investments with family members, and an unexpected downturn in the real estate market, has been mitigated by a good faith effort to resolve her debts. One of the properties has been sold through short sale, the other was foreclosed upon. Her indebtedness has been resolved. Clearance is granted. CASE NO: 10-06354.h1


Guideline C

05/16/2011

Applicant’s paid foreign military service supports the Judge’s ultimate adverse decision. The Department’s basic policy that an individual’s religious affiliation plays no part in the security clearance process was not violated. Adverse decision affirmed


Financial; Personal Conduct

05/16/2011

Applicant is 54 years old and employed as a Material Handler/Packer by a defense contractor. Applicant's history of financial indebtedness caused by a downturn in the economy that negatively affected his household income has been mitigated by a good faith effort to resolve his debts. There is sufficient evidence of financial rehabilitation. He did not intentionally conceal material information from the Government in response to a question about his finances on his public trust application. A favorable trustworthiness determination and access to sensitive information is granted. CASE NO: 10-02536.h1


Foreign Preference; Foreign Influence; Personal Conduct

05/16/2011

The Government did not establish that Applicant's personal ties to her family in Morocco, and her family's property interests there create a heightened risk of exploitation by a foreign country. However, Applicant failed to mitigate the security concerns about her continued possession and use of a Moroccan passport. Applicant also failed to mitigate the security concerns about her deliberate falsification of a security clearance application about her foreign passport. CASE NO: 10-02334.h1


Alcohol Consumption; Drug Involvement

05/16/2011

Applicant consumed alcohol, sometimes to the point of intoxication, until April 2009. His use resulted in a November 2004 public intoxication arrest and a September 2008 driving while intoxicated (DWI) conviction. He also used marijuana from October 2001 to October 2008. Applicant has rebutted or mitigated the security concerns about his alcohol consumption and drug involvment. Clearance is granted. CASE NO: 10-01471.h1


Guideline F; Guideline E

05/16/2011

Applicant has five delinquent debts and omitted material information from his security clearance application. The Judge’s material findings are sustainable. Adverse decision affirmed.


Guideline F

05/16/2011

Applicant’s interpretation of the record is not corroborated by the record evidence. Absent such corroboration, Applicant’s assertions do not establish error on the part of the Judge. Adverse decision affirmed.


Guideline B

05/16/2011

The record evidence and statements in the Decision itself illustrate the security concerns arising th Applicant’s father’s circumstances. Favorable decision reversed.


Financial

05/13/2011

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: 10-04522.h1


Financial

05/13/2011

Applicant had three credit card accounts, totaling $32,740, that became delinquent between October 2003 and May 2004. He offered no evidence of unusual circumstances or conditions beyond his control that caused this debt, although he was unemployed for almost two years after August 2005 due in part to Hurricane Katrina. He settled one of the three accounts and made two monthly payments toward another, but demonstrated no action toward resolving the largest one. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-07784.h1


Personal Conduct

05/13/2011

Fifty-six-year-old Applicant, a fighter pilot and flight instructor with 49 combat missions, shoplifted items from a base exchange in March 2000, which he and his doctor attributed to pain medication-induced absentmindedness. He was disciplined under NJP, lost his security clearance with access to SCI, and was forced to retire from active duty. Applicant's loss of the security clearance with access to SCI was accomplished without his knowledge as he had already taken months of terminal leave. The evidence failed to show that he deliberately falsified his response on his SF 86 regarding the loss of a security clearance or access authorization. Applicant's subsequent resignation from a government contractor, amid allegations of inflating expense reports, has been effectively refuted by Applicant and other witnesses, who support his allegation that office politics was the motivation for his resignation. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 09-06218.h1


Financial, Personal Conduct

05/12/2011

Applicant obtained several first and second mortgages on two houses, home improvement loans, and at least 12 new credit card accounts between 2002 and 2007. In 2007, he voluntarily accepted early retirement from a job with a substantial salary. At about the same time, Applicant used some of the home improvement funds to finance vacations. Subsequently, he was unemployed for one year. His brother, Applicant's tenant, suffered medical problems and was unable to pay the rent. Applicant's rental unit was foreclosed in 2009. After beginning the security clearance process, he filed a Chapter 7 bankruptcy, showing that his liabilities exceeded his assets by more than $400,000. His debts were discharged six months ago, but his risky financial decisions and lack of consistent effort to resolve his debts raise questions about his reliability and good judgment. Applicant also failed to disclose any financial issues on his security clearance application. Clearance is denied. CASE NO: 10-03380.h1


Financial

05/12/2011

Applicant is a 42-year-old employee of a defense contractor. 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: 10-01086.h1


Financial

05/12/2011

Applicant accumulated 11 delinquent debts dating back to 2003-2004. He settled one debt and made small payments on two others. Clearance is denied. CASE NO: 09-07460.h1


Financial

05/12/2011

Applicant and his wife received a Chapter 7 bankruptcy discharge in May 2000. In 2002, his wife started her own business and they purchased a home. As property values increased, they refinanced their home and used the equity for home improvements. Applicant was laid off and his wife's business failed in 2007. They fell behind on their mortgage payments, car payments, and numerous other debts. They resolved the delinquent mortgage with a short sale and brought their car payments up to date, but have not resolved their other debts. They filed another Chapter 7 bankruptcy petition in September 2010, which was pending at the time of the hearing. Clearance is denied. CASE NO: 09-05096.h1


Foreign Influence

05/11/2011

Applicant is 44 years old. He and his family were granted political asylum after fleeing Iraq because they were Kurds. He, his immediate family, and most of his extended family are citizens of the United States or are permanent residents. He has some family members who remain citizens and residents of Iraq. Applicant provided persuasive evidence that if a conflict of interest arose, he would resolve it in favor of the United States. Applicant mitigated the security concerns under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 10-05981.h1


Foreign Influence; Foreign Preference; Personal Conduct.

05/11/2011

Applicant is 29 years old. He was born in the Ukraine and became a naturalized citizen of the United States in October 2009. His wife is a permanent resident of the United States from Bulgaria. Applicant failed to disclose on his security clearance application and during a subsequent government interview that he had an unexpired Ukrainian passport. Applicant's actions were deliberate and his explanations were not credible. He later destroyed both the expired and the unexpired passports, thereby mitigating the security concerns under Guideline C, Foreign Preference. He has relatives in Ukraine with whom he maintains contact. Applicant failed to mitigate the security concerns under Guideline B, Foreign Influence, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-05699.h1


Financial

05/11/2011

As of January 2010, Applicant's home mortgage was delinquent, in addition to the mortgages on three investment properties. These problems were caused when his wife lost her job, causing them to deplete cash reserves that they had earmarked for unanticipated real estate expenses. Applicant has successfully modified his home loan and negotiated short sales on two of the investment properties. Although the third investment property was foreclosed, he is not liable for the deficiency. Applicant has mitigated the financial considerations security concern. Clearance is granted. CASE NO: 10-03038.h1


Financial; Drugs

05/11/2011

Applicant fell behind on his first and second mortgages. Although he was unable to avoid foreclosure, his conduct before and during foreclosure demonstrated that he took all reasonable steps to conduct himself in a responsible and honorable manner. The bank has informed him that the foreclosure proceedings satisfied his obligation. His involvement with marijuana and prescription drugs was infrequent and his last use occurred over 18 months ago. He has completed a favorable substance abuse evaluation, made significant lifestyle changes, and executed a signed statement of intent not to use drugs with automatic revocation of clearance for any violation. Clearance is granted.


Personal Conduct; Foreign Preference; Foreign Influence

05/11/2011

Applicant is a 52-year-old employee of a federal contractor. The evidence shows a federal agency denied Applicant eligibility for access to sensitive compartmented information (SCI) in 2004 based on a combination of several grounds as follows: drug involvement, personal conduct, foreign influence and preference, and criminal conduct. Under consideration here are some of the underlying factual bases for that denial decision. During 2002 2004, while going through pre-employment processing with the other federal agency, he made odd and troubling, if not inexplicable, statements that call into question his current judgment, trustworthiness, and reliability. He did not provide a satisfactory explanation sufficient to rebut, explain, extenuate, or mitigate the statements. The other alleged matters, including the foreign influence and preference matters, are resolved in his favor. Clearance is denied. CASE NO: 09-06697.h1


Guideline F; Guideline E

05/11/2011

Applicant’s contention that her failure to respond to the File of Relevant Material was due to poor advice from Department Counsel and her employer failed through lack of specificity. Board cannot consider new evidence she submitted in support of her appeal. Adverse decision affirmed. CASE NO: 09-04601.a1


Alcohol

05/11/2011

Applicant has abstained from alcohol since December 2004, following his fifth arrest for drunk driving. He completed court-ordered treatment and has been actively involved in Alcoholics Anonymous (AA) for over four years. His alcohol dependence is in full, sustained remission with a highly favorable prognosis for continued sobriety. Clearance granted. CASE NO: 08-03181.h1


Criminal Conduct; Personal Conduct

05/11/2011

Applicant was the victim of bullying during high school. He pleaded guilty to disorderly conduct in November 2005 after an altercation with one of the bullies. In April 2006, he was accused of assault and battery after two young men approached him and threatened him at a party, and he knocked one unconscious and attacked the other. When he was attacked by an armed assailant a day later, he gained possession of the assailant's pistol and fatally shot him. He was charged with murder, but a jury acquitted him. He graduated from high school with honors, completed a five-year apprenticeship, and is trusted and respected by his supervisor. He pleaded guilty to a speeding charge in June 2008. When he submitted his security clearance application, he failed to disclose the accusation of assault and battery and a charge of providing false information to the police, but his omissions were not deliberate. Clearance is granted. CASE NO: 08-01554.h1


Guideline B; Guideline E

05/11/2011

Judge’s finding that Applicant had sexual encounters with prostitutes after he starting dating his wife was supported by substantial record evidence. Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 07-17076.a1


Financial Considerations

05/10/2011

Forty-eight-year-old Applicant's initial financial delinquencies occurred in 2003, without any explanation as to causation. Thereafter, once again, at some point, he permitted accounts to become delinquent and placed for collection or charged off. Applicant attributes his financial difficulties to his separation, divorce, and unemployment, but he never explained how those events directly affected his finances and ability to handle his debts. Applicant was briefly unemployed, but he was still receiving his military retirement and disability payments. He let his anger control his actions related to his leased automobile. Despite $2,217.19 available for discretionary spending, he still has not contacted the original creditors or their respective collection agents of 9 of the 11 SOR accounts. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 10-06672.h1


Financial

05/10/2011

Applicant has accumulated $29,000 in delinquent debt, the majority of which pertains to unpaid student loans. Although she resolved some smaller debts over the past year, she has not taken any steps to address the loans since 2009 when they became due. Applicant failed to provide evidence to mitigate the security concerns raised by her debt. Clearance is denied.


Financial; Personal Conduct

05/10/2011

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.


Guideline E

05/10/2011

Clearance Decision Statement from other government agency supports Judge’s finding that Applicant intended to mislead investigators as to the extent of his drug use. Judge’s findings of fact were based upon substantial record evidence. Adverse decision affirmed. CASE NO: 10-02011.a1


Financial; Personal Conduct

05/10/2011

Applicant has had a history of overdue debts, 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.


Criminal Conduct; Personal conduct; Financial

05/10/2011

Applicant has a history of criminal charges over a four-year period between 2005 and 2009. One of the charges involves desertion and resulted in his discharge from the Army under other than other than honorable conditions. These charges and findings are not mitigated. Security concerns associated with Applicant's omissions of several other arrests in the security clearance application he completed in 2007 are not mitigated either under all of the facts and circumstances considered. And Applicant's accumulation of delinquent debts are not sufficiently addressed to absolve Applicant of risks associated with his still unresolved debts. Clearance is denied. CASE NO: 10-01064.h1


FINANCIAL

05/10/2011

Applicant is a 32-year-old software engineer. He is indebted to two mortgage companies for a property that is in foreclosure. He provided no information on the status of the foreclosure or the status of any remaining financial obligation he may have to his creditors. He did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from foreclosed property. Clearance is denied. CASE NO. 10-00711.h1 DATE: 05/10/2011


Financial

05/10/2011

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


Drug Involvement

05/10/2011

Twenty-eight-year-old Applicant used, obtained, and transferred the unprescribed prescription drug Oxycontin from September 2008 until April 2009, when she was arrested. During all but one month of the period, Applicant possessed a security clearance. Applicant has abstained from drug abuse for 23 months since her arrest; eventually disassociated herself from her addict boyfriend; altered her environment; sought some types of counselling and evaluation; and pledged not to use Oxycontin or any other controlled substance in the future. Applicant and her LCSW/SAP characterize her actions as "a single episode" or "an isolated incident," but her course of conduct was far from being a single episode or isolated incident. That characterization by Applicant indicates that she has continued to minimize her actions, thereby increasing concerns. Applicant's period of abstinence is encouraging, but in light of the foregoing, it is still too brief to suggest that her substance abuse is unlikely to recur or that it does not cast doubt on Applicant's reliability, trustworthiness, or good judgment. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 09-08240.h1


Foreign Influence; Foreign Preference

05/10/2011

Applicant, a naturalized U.S. citizen born in Iran, maintains possession of an Iranian passport. He has a close relationship with his mother who is a citizen and resident of Iran. Applicant has failed to rebut or mitigate the security concerns under Guideline C, foreign preference and Guideline B, foreign influence. Clearance is denied. CASE NO: 09-08230.h1


Guideline F

05/10/2011

The Board cannot consider new evidence contained in Applicant’s appeal submission. Judge’s application of the mitigating conditions was not erroneous. Adverse decision affirmed. CASE NO: 09-07792.a1


Criminal Conduct; Drugs; Financial

05/10/2011

In 2007 and 2008, Applicant was arrested for alcohol-related incidents. He is currently on concurrent, four-year terms of probation, which do not end until July 2012. In February 2010, he became intoxicated. Additionally, he has 36 delinquent accounts totaling approximately $24,000 that remain unpaid. Applicant has failed to rebut or mitigate the security concerns under criminal conduct, alcohol consumption, and financial considerations. Clearance is denied. CASE NO: 09-02180.h1


Financial

05/09/2011

Applicant has mitigated the security concerns under the financial consideration guideline. He attempted to sell a 2006 investment property, but was not successful. He paid on the mortgage for two years. In 2008, after he asked for a loan modification, the credit union foreclosed on the home. The debt was cancelled, and there is no deficiency judgment. Applicant has a 30-year blemish-free credit standing. Clearance is granted. CASE NO: 10-00614.h1


Guideline F

05/09/2011

Whether or not a debt is collectable is not the focus of a security clearance adjudication. Applicant failed to meet his burden of persuasion as to mitigation. Adverse decision affirmed. CASE NO: 09-07916.a1


Financial

05/09/2011

Applicant has mitigated the security concerns under the financial consideration guideline. She had two bankruptcies due to extraordinary circumstances. She has paid her delinquent debts. Applicant has a position that enables her to pay her debts and save money. She has not incurred any new debts. She follows a budget. She is the single parent of five children. Her employer recommends her. Clearance is granted. CASE NO: 09-07069.h1


Financial

05/05/2011

Applicant is 54 years old. She has delinquent debts that have not been paid or resolved. Applicant failed to mitigate the security concerns under Guideline F. Clearance is denied. CASE NO: 10-09256.h1


Financial

05/05/2011

Applicant owes 12 delinquent debts, totaling near $71,000, all of which are unresolved. He established circumstances beyond his control that contributed to his financial problems. Notwithstanding, he presented little 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 his financial problems are being resolved or are under control. Clearance denied. CASE NO: 10-01752.h1


Financial

05/05/2011

Despite a high salary and a substantial monthly remainder, Applicant failed to address his delinquent debts for many years. He failed to mitigate security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 09-08242.h1


Financial

05/05/2011

After a contentious divorce and unemployment for six months due to injuries suffered in an automobile accident, Applicant accumulated 21 delinquent debts. Three have been paid and two are being paid, but Applicant has no specific plan to resolve the remaining delinquent debts. Clearance is denied. CASE NO: 09-07574.h1


Financial

05/05/2011

Statement of Reasons alleged 17 delinquent debts totaling about $46,000. Applicant mitigated 22 of the alleged debts, but failed to mitigate 15 delinquent debts totaling about $22,244. Eligibility for access to classified information is denied. CASE NO: 09-07186.h1


Financial Considerations

05/04/2011

Fifty-one-year-old Applicant's financial situation started to deteriorate in 2006, when he and his wife were laid off from their respective jobs. He obtained a new job in March 2007. Applicant used his available financial resources, including withdrawals from their 401(k)s, his severance package payout, and credit cards, to continue to pay various accounts for a substantial period. However, at some point, he decided not to pour protected assets into saving his two rental properties and he stopped making mortgage payments and credit card payments. A judgment was obtained against him in lieu of a foreclosure, and he was unable to sell his distressed properties. The situation is still unresolved for Applicant has empowered his attorneys to negotiate favorable settlements, but with the exception of three credit card accounts, no resolutions are at hand. Applicant has managed to remain current on other accounts, and even purchased a new residence, a new automobile, and leased another automobile, while allowing his home mortgages and loans associated with his rental properties unattended. Considering his decision to stop making payments in 2009 and his refusal to enter into repayment negotiations other than those calling for reduced settlements, his financial problems, related to the properties, are likely to continue. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 10-04562.h1


Drugs

05/04/2011

Applicant abused marijuana in high school. She abstained while serving in the U.S. military from March 1996 to February 2005, but resumed smoking after she was given the drug at a concert by a friend in July 2005. She continued to smoke marijuana until late November 2009 on sporadic occasions when socializing with friends or her neighbors. Applicant has not used marijuana since she began working for a defense contractor, and she intends no future involvement. Clearance granted. CASE NO: 10-04345.h1


Financial

05/04/2011

Applicant is a 38-year-old single mother of six. She has 30 delinquent debts that are unresolved and unpaid. She has not followed up on inquires she made about some debts and has taken no action on most of the remaining ones. She does not have a realistic plan for resolving her financial problems. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-03837.h1


Drugs

05/04/2011

Applicant used marijuana on multiple occasions between 2002 and 2009. Applicant failed to mitigate this security concern. Clearance denied. CASE NO: 10-00763.h1


Personal Conduct

05/04/2011

Applicant engaged in cyber-sexual contacts with several women, including two Canadian citizens, from about 2001 until 2005. He had a sexual liaison with one of the Canadian women while on a business trip in 2001. Despite an expressed intent not to engage in such behavior in the future, he had online contact of a sexual nature with another woman around October 2009. Applicant's spouse is now aware of these activities, but the Personal Conduct concerns are not fully mitigated. Applicant improperly contacted some of these women through his work computer, and he was not candid about this behavior during a previous security investigation. He also did not report to security officials at work that he had committed several security infractions between 1994 and 2002, or that he had contact of a sexual nature with foreign nationals. The concerns support a whole-person assessment of questionable judgment. Clearance denied. CASE NO: 09-05617.h1


Financial

05/04/2011

Applicant's statement of reasons (SOR) lists 18 delinquent debts totaling $168,493. In August 2006, Applicant filed his federal and state income tax returns for 2000, 2001, 2002, 2003, 2004, and 2005. He owes the Internal Revenue Service (IRS) about $100,000 and the state tax authorities about $40,000. He paid six SOR debts; however, he did not make sufficient progress resolving his other SOR debts. Financial considerations security concerns are not mitigated, and eligibility for access to classified information is denied. CASE NO: 09-02499.h1


Financial

05/03/2011

The Applicant has not mitigated the security significance of his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-06471.h1


Sexual Behavior; Personal Conduct

05/03/2011

Applicant has engaged in questionable and criminal sexual conduct on multiple occasions over many years and as frequently as in 2010. Mitigation has not been shown. Clearance is denied.


Alcohol

05/02/2011

Applicant is 62 years old and is employed by a federal agency. Applicant had one driving while intoxicated arrest and conviction in 1996. He takes himself on and off Antabuse use as he attempts to drink responsively. He usually returns to Antabuse after a few weeks of alcohol use. Applicant has a psychiatrist to consult with him on his alcohol use. Applicant mitigated the alcohol consumption security concerns. Clearance is granted. CASE NO: 09-06834.h1


Drugs

04/29/2011

Applicant smoked marijuana extensively as a high school senior and college student. After nearly seven years of marijuana use, he stopped his marijuana use 15 months ago. He has not mitigated the security concerns about his past drug use. Clearance is denied. CASE NO: 10-06978.h1


Financial

04/29/2011

Applicant has not mitigated the security concerns under the financial consideration guideline. He has delinquent debts that he has not addressed. He attributes them to a divorce but provided no information to connect the two. He has not met his burden. Clearance is denied. CASE NO: 10-06959.h1


Financial Considerations; Personal Conduct

04/29/2011

Applicant has 12 past-due student loans, which total more than $37,000. He owes in excess of $36,000 for two vehicle repossessions and has additional delinquent accounts, which brings his total delinquent debt to approximately $85,000. Applicant's explanations concerning the completion of his 2005 Public Trust Position Application and his 2010 Electronic Questionnaires for Investigations Processing (e-QIP) adequately address the personal conduct security concerns. However, he has failed to address his delinquent debt and failed to rebut or mitigate the financial considerations security concern. Clearance is denied. CASE NO: 10-06667.h1


Drugs

04/29/2011

Applicant, 28, has an eight-year history of illegal use of marijuana. His most recent use of marijuana was in January 2010. He is commended for disclosing his marijuana use in his security clearance application. Notwithstanding, the sparse record evidence is not sufficient to mitigate the drug involvement concerns. His use is recent. He has not participated in substance abuse counseling or treatment. He presented no evidence of a recent diagnosis with a favorable prognosis. In light of his age, his many years of using marijuana, and the sparse corroborating evidence about a permanent lifestyle change and disassociation from his drug-using friends, Applicant's behavior continues to cast doubt about his reliability, judgment, and ability and willingness to comply with the law. Clearance is denied. CASE NO: 10-05742.h1


Drugs

04/29/2011

Between July 2008 and April 2010, Applicant smoked marijuana five to eight times. Applicant has rebutted or mitigated the security concerns under drug involvment. Clearance is granted. CASE NO: 10-05477.h1


Personal Conduct

04/29/2011

In August 2009, Applicant was terminated from his employment following theft allegations. Applicant rebutted the trustworthiness concerns raised under personal conduct. Based upon a review of the pleadings and exhibits, eligibility for access to sensitive information and eligibility for a public trust position is granted. CASE NO: 10-04783.h1


Foreign Influence; Financial

04/29/2011

Applicant mitigated the security concerns raised by his foreign contacts in Pakistan but failed to mitigate the security concerns raised by his delinquent mortgages. Clearance Denied.


Foreign Influence

04/29/2011

Applicant's brother is a citizen and resident of Afghanistan. His step- mother, brother, half-brother, and three half-sisters are citizens of Afghanistan and residents of Pakistan. Applicant's contacts with these relatives are minimal. He has distinguished himself as a contract Arab linguist and has demonstrated that he can be expected to resolve any conflict of interest in favor of U.S. interests. Applicant has mitigated Guideline B security concerns. Clearance is granted. CASE NO: 10-03107. h1 DATE: 04/29/2011


Drugs; Personal Conduct

04/29/2011

Applicant illegally used marijuana intermittently from the 1980s until November 2008. He used marijuana after he was granted access to classified information at the secret level around 1992, and access to sensitive compartmented information around 2004. Moreover, he falsified his 2008 security clearance application and made a false statement to a government investigator. His behavior continues to cast doubt about his reliability, judgment, and ability and willingness to comply with the law. Clearance is denied. CASE NO: 10-02475.h1


Financial

04/29/2011

Applicant is 29 years old. In 2003, she began caring for her younger sister. She accumulated delinquent debts and failed to pay her taxes some years. She began making payments on an installment agreement with the Internal Revenue Service, but then stopped in 2008. She has a new agreement with the Internal Revenue Service and has made one payment. She has not resolved or paid her other delinquent debts. She did not act responsibly in addressing her financial problems. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-01366.h1


Financial

04/29/2011

Even though the listed debts were removed from Applicant's credit report by the relevant statute of limitations, Applicant still owes the debts that he voluntarily created. Without a plan to repay those creditors, the favorable financial responsibility Applicant has shown in the past few years is insufficient to find in his favor under the financial considerations guideline. Eligibility for access to classified information is denied.


Foreign Influence

04/29/2011

Applicant was born in Russia. In 1994, Applicant came to the United States for post-graduate schooling. In 2009, he became a naturalized United States citizen. His sister, parents, and parents-in-law are citizens and residents of Russia. Applicant has rebutted or mitigated the security concerns under foreign influence. Clearance is granted. CASE NO: 10-00660.h1


Financial

04/29/2011

Applicant incurred 19 debts totaling $31,198. Her indebtedness began as early as 2001 and has been ongoing. She provided documentation that she is paying down one debt and paid three other debts. As far as the 15 remaining debts, she has failed to show any documented effort that she contacted those creditors or attempted to resolve her remaining debts. She advised, given her current income level, she is unable to pay her outstanding debts. Applicant has failed to mitigate financial considerations concerns raised. Clearance is denied.


Personal Conduct; Financial

04/29/2011

Applicant failed to mitigate the security concerns raised by his firing for cause, his falsification of his clearance application, and his financial problems. Clearance denied.


Financial

04/29/2011

Applicant accumulated delinquent mortgage debts on the homes he purchased with his wife before they divorced. Unaware that his wife, who paid the bills during their marriage, had not made the mortgage payments on the second home they purchased and lived in before their divorce, or the first home his wife became responsible for under their separation agreement, Applicant could not avert the ensuing foreclosures of both homes. With the resources available to him since his divorce, he has paid all of the smaller delinquent debts and has utilized his good-faith efforts to identify and attempt to resolve the potential deficiencies owing on his two foreclosed homes. Based on his documented repayment efforts to date, Applicant mitigates security risks associated with the two potential deficiency claims that remain. Clearance is granted. CASE NO: 09-07338.h1


Foreign Influence

04/29/2011

Applicant's father is a citizen of Pakistan and lives with Applicant. His father worked for another Middle Eastern country for 33 years and holds an important position of trust. Applicant's parents and mother-in-law have close and extended family members living in Pakistan. Through no fault of his own, Applicant was unable to mitigate the foreign influence security concerns raised. Clearance is denied. CASE NO: 09-07066.h1


Financial; Personal Conduct

04/29/2011

As a result of being unemployed from May 2008 to February 2009, Applicant fell behind on his financial obligations. Although he returned to the work force in February 2009, he has taken virtually no steps to resolve his delinquent debts. In April 2008, he was reprimanded for viewing pornography on a computer. He has mitigated the security concerns arising from personal conduct, but he has not mitigated the concerns arising from his delinquent debts. Clearance is denied. CASE NO: 09-06549.h1


Financial

04/29/2011

Despite still having unresolved delinquent debts, Applicant's proactive and detailed efforts to resolve his financial problems several months before the SOR was issued are sufficient to mitigate the security concerns about his financial problems. Clearance is granted. CASE NO: 09-05406.h1


Financial

04/29/2011

Applicant accumulated nine debts totaling $418,012. Since 2007, he has been laid off two times and had a series of low paying jobs. Applicant recently separated from his wife and is pending divorce. After paying his estranged wife child support and his living expenses, he has no money left over. He hopes to file Chapter 7 bankruptcy as soon as he is able to pay his bankruptcy attorney's retainer fee. Applicant has yet to pay his 2008 federal income taxes and has yet to file and pay his 2009 federal and state income taxes. In short, Applicant is unable to pay any SOR creditors and is unable to mitigate security concerns raised. Eligibility for access to sensitive information is denied.


Criminal

04/29/2011

Applicant is 33 years old and employed as a Aerospace Engineer by a defense contractor. His history of criminal conduct that includes a conviction for Felony Armed Robbery, and a Felony firearm conviction that occurred in 1993, while he was a teenager, has been mitigated over the past seventeen years by a showing of extraordinary rehabilitation. Clearance is granted. CASE NO: 09-04459


Financial

04/29/2011

Thirty-year-old Applicant's financial situation started to deteriorate in 2002, when without his knowledge or permission, his mother started opening credit cards in Applicant's name. She used those credit cards to pay for her purchases and expenses, but was unable to continue making the monthly payments. Applicant filed for bankruptcy under Chapter 7. After leaving active duty, and for the next several years, Applicant held a series of low-paying, part-time and temporary positions until he could obtain a professional position. He also went through two periods of unemployment, and was homeless for varying periods, forced by circumstances to live in his car or in a hotel. He joined his current employer in September 2008. Applicant has paid off, settled, or otherwise resolved accounts with several creditors, including some non-SOR creditors, and is currently active with repayment plans for the remaining creditors. Considering the depth of Applicant's financial difficulties during that period, and his subsequent efforts in attempting to regain financial stability, his financial problems are unlikely to recur and do not cast doubt on his current reliability, trustworthiness, or good judgment. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 09-03080.h1


Financial

04/29/2011

Even though eight of Applicant's nine accounts became delinquent in a three- month period in 2005, Applicant has done almost nothing to address the listed indebtedness. In addition, Applicant has suspended his repayment plans until after he receives a decision on his security clearance. Applicant's favorable character evidence in the military and at his current position do not overcome his financial problems. Eligibility for access to classified information is denied.


Financial Considerations; Personal Conduct

04/28/2011

Applicant has one unpaid judgment and 12 charged-off accounts or accounts placed for collection, which total in excess of $16,000. Applicant provided false answers on his Questionnaire for Public Trust Positions, which he admits. He admits owing the money, but is unable to pay his delinquent debt. Applicant has failed to rebut or mitigate the trustworthiness concerns under financial considerations and personal conduct. Access to sensitive information and eligibility for a public trust position is denied. CASE NO: 10-06287.h1


Drug Involvement; Criminal Conduct

04/28/2011

Applicant used marijuana from August 2005 through January 2010 and had two arrests for open container in 2007 and 2010. Applicant has mitigated the security concerns under drug involvement and criminal conduct. Clearance is granted. CASE NO: 10-06282.h1


Financial

04/28/2011

Applicant failed to mitigate security concerns resulting from his unresolved financial delinquencies. Clearance is denied. CASE NO: 10-05457. h1 DATE: 04/28/2011


Financial

04/28/2011

Applicant had two charged-off accounts and three accounts placed for collection, which totaled approximately $22,000. One charged-off account and two collection accounts, which total in excess of $16,000, remain unpaid. Applicant has failed to rebut or mitigate the security concerns under Guideline F, financial considerations. Clearance is denied. CASE NO: 10-02955.h1


Financial Considerations

04/28/2011

Thirty-seven-year-old Applicant's financial situation started to deteriorate in 2006. He was initially laid off briefly in December 2006, obtained new employment one month later at the same salary, and was laid off again in May 2009 for another month. His next job was at a salary about 50 percent lower than his earlier one. He accepted his current position in October 2009, at a salary equivalent to his original salary. Applicant's wife was also laid of in December 2006, but it took a little longer for her to find new employment. She tried running a day care in an effort to earn some money, but that venture closed as the economy deteriorated. Finally, she returned to school with the hopes of improving her employment opportunities. Applicant contends he was unable to address his accounts, and they became delinquent. Some accounts were placed for collection and some were charged off. He lost his home to foreclosure and his automobile to repossession, and refused to pay one account due to his anger over losing credit privileges. Applicant never contacted the majority of his creditors to set up repayment arrangements because he did not have sufficient money to pay any creditor. He offered little evidence of good-faith efforts to pay his creditors, even the accounts for $248 or $253. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 10-01803.h1


Guideline F

04/28/2011

The Judge reasonably explained why the mitigating evidence was insufficient to overcome the government’s security concerns. Adverse decision affirmed.


Financial

04/28/2011

Applicant incurred delinquent debt when she and her husband attempted to start various businesses after he completed a professional sports career. She paid 10 of the 13 debts, and has disputed the remaining 3 since they should have been paid by her medical insurance. She mitigated security concerns based on her finances. Eligibility for access to classified information is granted. CASE NO: 10-00482.h1


Financial; Personal Conduct

04/28/2011

In 1999, Applicant and his wife were working and meeting their financial obligations. When his wife became sick and had surgery in 2003, Applicant turned to credit cards for a short time to help pay bills. Applicant exercised good judgment by halting his credit card use. The credit reports show he has incurred no new debt since January 2007. Applicant deliberately omitted material information on his security form in October 2009. Conversely, at the hearing he voluntarily confessed to his dishonest conduct before being confronted with the falsification. On balance, because I do not find Applicant a security risk, I find for Applicant under the financial and personal conduct guidelines. Eligibility for a sensitive position is granted.


Guideline F

04/28/2011

Applicant was advised of right reply to the FORM and to be represented by counsel. We do not conclude he was denied the due process afforded him by the Directive. Adverse decision affirmed.


Financial

04/28/2011

As of June 2010, Applicant owed more than $38,000 in delinquent consumer debt, including $13,750 to a credit union for two loans past due since 2004 and 2005. He began repaying a judgment debt in August 2009, and has satisfied some smaller debts, but it is too soon to conclude that his financial problems are behind him. Clearance denied. CASE NO: 09-06207.h1


Financial

04/27/2011

Applicant incurred 14 debts totaling $40,718. He accumulated those debts after being laid off two times in 2008 and 2009. During the time he was laid off, his long- term girlfriend diverted their joint funds earmarked for household debts to support her gambling habit. Applicant terminated the relationship with his girlfriend, sought financial counseling, and settled or paid all of his debts. Clearance is granted.


Criminal Conduct; Personal Conduct

04/25/2011

Applicant has an extensive criminal record, including several convictions for assault and battery, and a felony conviction of possession of a controlled substance with intent to distribute. In the last 10 years, he was convicted of only one offense, resisting arrest and detention in August 2008, although he also assaulted his current girlfriend. He was not candid about his arrest record when he applied for his security clearance in December 2008 and in October 2009. Clearance denied. CASE NO: 10-02894.h1


Foreign Preference; Foreign Influence

04/25/2011

Applicant is an engineer for a U.S. defense contractor who exercised dual citizenship with Egypt by renewing his Egyptian passport, earning and retaining a pension from his Egyptian military service, maintaining an Egyptian bank account, using his Egyptian citizenship to preserve his inheritance rights, and using his Egyptian passport for birth evidentiary purposes when traveling to Egypt to visit family members. Applicant has since declined to surrender his Egyptian passport and consider renouncing his Egyptian citizenship, citing the possibility of his retiring in Egypt. Foreign preference concerns are not mitigated. Foreign influence concerns over the heightened risks associated with his having immediate family members in Egypt, his Egyptian financial interests, and his frequent visits to Egypt are not mitigated either. Clearance is denied. CASE NO: 09-00267.h1


Drugs

04/22/2011

Applicant mitigated the security concerns raised by her past drug use by demonstrating her intent to abstain from future drug use for personal and professional reasons, not the least of which was her pending marriage to a fiancé who opposed her drug use. Clearance granted.


Foreign Influence; Foreign Preference

04/22/2011

Applicant has not mitigated the security concerns under foreign influence. She has ties to her family in Lebanon. She visits them each year and has done so since 2002. Applicant has mitigated the foreign preference guideline. Clearance is denied. CASE NO: 10-01554.h1


Guideline H; Guideline E

04/22/2011

Reading the Judge’s decision in light of the record as a whole, the Board finds no reason to disturb the Judge’s adverse credibility determination. Adverse decision affirmed.


Foreign Influence; Foreign Preference

04/22/2011

Applicant has mitigated the security concerns under both guidelines. He is a naturalized citizen who has held a security clearance since 1996. He has renounced his Taiwanese citizenship and does not have any financial interests in Taiwan. He has a mother, three brothers, and a brother-in-law in Taiwan. Applicant and his wife and two children are citizens of and reside in the United States. Clearance is granted. CASE NO: 09-07613.h1


Guideline B; Guideline C

04/22/2011

Given the extent of Applicant’s family and other personal contacts in Estonia, the Judge’s decision does not explain, and the record does not support his conclusion that Applicant is not likely to have to choose between the interests of those persons an the interests of the United States. Favorable decision reversed.


Financial

04/22/2011

Applicant failed to mitigate the security concerns raised by her history of financial problems and her incomplete resolution of most of the alleged debts. Clearance denied.


Guideline B; Guideline C

04/22/2011

Given the extent of Applicant’s family and other personal contacts in Estonia, the Judge’s decision does not explain, and the record does not support his conclusion that Applicant is not likely to have to choose between the interests of those persons an the interests of the United States. Favorable decision reversed.


Financial

04/21/2011

Applicant has struggled with her finances for nearly 20 years, incurring approximately $16,000 of delinquent debt. These problems were caused primarily by business misfortune and chronic health problems. By the hearing date, Applicant had satisfied nearly all of her debts and had implemented a plan to satisfy the remainder. Applicant has mitigated the financial considerations security concern. Clearance is granted. CASE NO: 10-04667.h1


Financial

04/21/2011

Applicant has accumulated approximately $58,000 in delinquent debt since 2007 that he has been unable or unwilling to resolve. Applicant failed to provide evidence to mitigate the security concerns raised by his debt. Clearance is denied.


Criminal Conduct; Personal Conduct

04/21/2011

Criminal conduct concerns are mitigated because Applicant's sexual crime in 1998 was isolated and not recent. Applicant failed to mitigate personal conduct concerns raised by her June 2010 false statement regarding her culpability in her sexual activity with a 14-year-old boy in 1998. She attempted to minimize her culpability in the 1998 offense. Her eligibility to occupy a public trust position is denied. CASE NO: 10-01145.h1


Guideline F

04/21/2011

Applicant submitted new evidence on appeal, which the Board cannot consider. Applicant has made no allegation of harmful error. Adverse decision affirmed. CASE NO: 09-08430.a1


Financial

04/21/2011

Applicant is a 50-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties, to include back taxes and a Chapter 13 bankruptcy case that ended in a dismissal as opposed to a discharge. Other than the bankruptcy payments, he has not made any progress toward resolving approximately $50,000 in delinquent debts. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-08269.h1


Guideline F

04/21/2011

Applicant submitted new evidence on appeal, which the Board cannot consider. Applicant has not made an allegation of harmful error by the Judge. Adverse decision affirmed. CASE NO: 09-08244.a1


Alcohol

04/21/2011

Applicant is a U.S. Marine combat veteran who after returning from deployments used alcohol to medicate his posttraumatic stress syndrome (PTSD) symptoms. While in military service he was diagnosed with alcohol dependence and received nonjudicial punishment following an alcohol-related incident with his wife. Applicant drinks only occasionally since his last alcohol-related incident in 2007. But he has no dependence diagnosis from his current mental health providers. His mental health providers assign him a favorable prognosis to avert alcohol abuse in the foreseeable future. Applicant is highly regarded by his supervisors and coworkers and mitigates alcohol concerns. Clearance is granted. CASE NO: 09-06801. h1


Financial; Personal Conduct

04/20/2011

Applicant accrued numerous delinquent debts during periods of unemployment and underemployment. His debts include an outstanding 2005 judgment, state and federal tax liens, and are not sufficiently stabilized or under control to mitigate the Government's financial concerns. Security issues associated with Applicant's omissions of his judgment, tax liens, and delinquent accounts are not adequately reconciled to mitigate concerns under this guideline as well. Clearance is denied. CASE NO: 10-03352.h1


Personal Conduct

04/20/2011

When Applicant was initially hired by a defense contractor in 1977, he falsely represented that he had a college degree when, in fact, he did not. He continued to represent that he had a college degree during his 34-year career. His ongoing falsification came to light during a recent background investigation. It was determined that he had falsified his January 2006 and August 2009 security clearance applications when he claimed to have a college degree. He also lied to a DoD investigator during a September 2009 interview by telling him that he had a college degree. Applicant was unable to mitigate security concerns raised. Clearance is denied. CASE NO: 09-07910.h1


Foreign Influence

04/20/2011

Applicant is a native of India. She has lived in the United States since 1994 and became a U.S. citizen in 2004. Her husband is a native of India who became a U.S. citizen in 2008. Applicant's parents, two brothers, a sister, and an uncle are citizens and residents of India. Applicant's husband has real estate and bank accounts in India worth about $900,000, but the family's assets in the United States are worth more than $10 million. Clearance is granted. CASE NO: 09-04925.h1


Foreign Influence

04/20/2011

Applicant is a native of India. He has lived in the United States since 1992, and he became a U.S. citizen in 2008. His mother is a citizen of India but resides with him in the United States. His wife is a native of India who became a U.S. citizen in 2004. Her parents, two brothers, a sister, and an uncle are citizens and residents of India. Applicant has real estate and bank accounts in India worth about $900,000, but his assets in the United States are worth more than $10 million. Clearance is granted. CASE NO: 09-04312.h1


Alcohol

04/19/2011

Applicant is 39 years old. He has two driving under the influence of alcohol convictions, one in 1993 and the other in 2009. Applicant attempted to drive after consuming alcohol in November 2008 and the ignition interlock device on his vehicle prevented him. Applicant failed to mitigate the security concerns under Guideline G, Alcohol Consumption. Clearance is denied. CASE NO: 09-08287.h1


Financial

04/19/2011

Applicant's filing of the Chapter 7 bankruptcy petition in July 2010 weighs in his favor. However, his student loan accounts are still delinquent. The fact that Applicant has incurred no new debt since May 2006 also weighs in his favor, but is undermined by his bad credit that thwarted his opportunities to take on new debt, and his failure to act on the delinquent debts much sooner in the period between May 2006 and July 2010. Given the large amount of debt Applicant incurred between 2003 and September 2009, inadequate time has transpired for me to find in his favor under the financial guideline. Eligibility for access to classified information is denied.


Foreign Influence

04/19/2011

Security concerns were identified over two of Applicant's four children being citizens of Afghanistan, her son-in-law being a resident and citizen of Afghanistan, and her having traveled to Afghanistan in 2008 and to Pakistan in 2002. Applicant's connections to the United States are far more substantial than those to Afghanistan. Most notably, she served as a linguist accompanying U.S. Armed Forces in Afghanistan from 2009 to 2010 at great personal risk. She has returned to Afghanistan where she is presently serving a second tour as a linguist. Applicant successfully mitigated foreign influence concerns. Clearance is granted.


Drugs; Personal Conduct

04/19/2011

Applicant abused marijuana on a monthly basis from 1978 until he was arrested for illegal drug possession in 1981. He smoked it again from 1985 until mid-1987, and once each around December 2003 and February 2004 on someone's boat. He abused cocaine and amphetamines on limited occasions more than 20 years ago. His illegal drug involvement is mitigated by his abstention over the past six years and commitment to abstain. Personal Conduct concerns established by his falsification of a May 1988 security clearance application are mitigated by subsequent efforts to correct the record. Clearance granted. CASE NO: 09-04895.h1


Guideline F

04/18/2011

Applicant failed to demonstrate that the Judge mis-weighed the record evidence. The presence of some mitigating evidence does not alone compel a favorable decision. Adverse decision affirmed. CASE NO: 09-04275.a1


Guideline F

04/18/2011

The Directive does not require a Judge to reopen a record for the purpose of taking in evidence not available prior to the record’s closure. Favorable decision affirmed. CASE NO: 09-02281.a1


Guideline F

04/18/2011

Applicant failed to demonstrate that the Judge either failed to consider, or that he misweighed, the record evidence. Applicant’s prior good security record does not prevent the Government from making an adverse clearance decision. The effect that an adverse decision may have on an applicant is not relevant in a clearance decision. Adverse decision affirmed. CASE NO: 08-09592.a1


Financial; Personal Conduct

04/15/2011

Applicant owes over $37,000 in delinquent debts and failed to mitigate the Guideline F, Financial Considerations, trustworthiness concerns. The Government failed to establish that Applicant deliberately falsified a Public Trust Position Application (SF 85P) under Guideline E, Personal Conduct. Eligibility for access to sensitive information is denied. CASE NO: 10-04782.h1


Financial

04/15/2011

Applicant is a 47-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties, to include an ongoing Chapter 13 bankruptcy case, which are unresolved. Other than the bankruptcy payments, he has not made any payments on his delinquent debts. At hearing, Applicant did not present any documentary evidence in support of his case. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 10-01849.h1


Alcohol; Criminal Conduct

04/15/2011

Applicant is a 28-year-old employee of a defense contractor. Applicant has three serious alcohol-related incidents. He is pending trial for driving under the influence. Clearance is denied. CASE NO: 09-08743.h1


Financial

04/15/2011

Applicant is a 37-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties, which are unresolved. He has been unable to make any payments on his delinquent debts, although he intends to begin a repayment plan soon. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-07805.h1


Drugs; Personal Conduct

04/15/2011

Applicant is 28 years old. He used drugs prior to 2006 while attending college. He was arrested in 2008 when a friend left his marijuana and drug paraphernalia in Applicant's car. Applicant pled guilty to possession of drug paraphernalia. He was convicted of driving under the influence of alcohol in 2008. Applicant acknowledged he made poor choices and used poor judgment. He is now married and the father of an infant child. He has changed his behavior and priorities, and no longer associates with those who use drugs. He drinks alcohol infrequently and does not drive after doing so. Applicant mitigated the security concerns under Guideline H, Drug Involvement and Guideline E, Personal Conduct. Clearance is granted. CASE NO: 09-07116.h1


Financial

04/15/2011

After his father-in-law died in 2006, Applicant decided to pay for part of his mother-in-law's mortgage. Then, his wife saw her income decrease from $52,000 to $36,000 a year. The extra mortgage and reduced income caused Applicant to become delinquent with six of his accounts. To Applicant's credit, he has settled three of the accounts and has plans in place to resolve the remaining three accounts. Eligibility for access to classified information is granted.


Drugs; Personal Conduct

04/15/2011

In school, Applicant used marijuana from about 1997 until 2001. He failed to disclose this drug use in 2002-2003, when he was applying for a security clearance. He used marijuana on his honeymoon in 2003, then again in 2007, after being granted a security clearance. In 2009, Applicant disclosed his drug use in an effort to correct the record. He did so after much maturation, which was established by evidence that he had married, become the father of five children, and maintained a successful career. Sufficient evidence was presented to mitigate drug involvement and personal conduct security concerns. Clearance granted. CASE NO: 09-04611.h1


Personal Conduct; Criminal Conduct

04/15/2011

Applicant is a 41-year-old employee of a defense contractor. He intentionally provided false information to investigators about his criminal history. Clearance is denied. CASE NO: 07-06396.h1


Guideline B

04/14/2011

Applicant alleges no harmful error in the Judge’s decision. Adverse decision affirmed.


Guideline F

04/14/2011

Applicant has not rebutted the presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Personal Conduct; Sexual Behavior; Foreign Influence

04/14/2011

Applicant has mitigated the security significance of his past sexual conduct and drug involvement. He has also mitigated the security significance of his foreign contacts. Clearance is granted. CASE NO: 08-02449.h1


Financial

04/13/2011

Applicant's statement of reasons (SOR) lists nine delinquent debts totaling $276,097. He failed to make sufficient progress resolving three delinquent SOR debts, which are owed to the IRS ($181,000), a credit card company ($2,377), and for his voluntarily repossessed motor home ($41,628). Financial considerations security concerns are not mitigated, and eligibility for access to classified information is denied. CASE NO: 10-08204.h1


Sexual Behavior; Criminal Conduct

04/13/2011

From April to August 2009, Applicant sexually abused his 17-year-old stepdaughter on seven or eight occasions. The court gave him deferred adjudication in exchange for his guilty plea to a felony child abuse offense. The court-ordered probation is currently scheduled to continue until April 1, 2020. He failed to mitigate security concerns regarding his sexual behavior and criminal conduct. His eligibility for access to classified information is denied. CASE NO: 10-04191.h1


Information Technology; Personal Conduct

04/13/2011

On May 27, 2009, Applicant violated information technology (IT) security protocols, when he went to a gaming-fan website using his Government-issued computer. His use of the gaming-fan website potentially exposed the Department of Defense (DoD) network to malware and viruses. He received additional training and expressed remorse. He learned from his mistake, and violations of IT security rules will not recur. Eligibility for access to classified information is granted. CASE NO: 10-03999.h1


Financial

04/13/2011

Applicant recently resolved most of the debts alleged in the SOR. Notwithstanding, he made questionable financial decisions while he still had delinquent debts and child support obligations. He should have been more diligent addressing his legal obligations and providing financial support for all his children. His behavior shows lack of judgment and an unwillingness to abide by rules and regulations, all of which raise questions about his reliability, trustworthiness, and ability to protect classified information. Eligibility to occupy an automated data processing (ADP) I/II/III position is denied. CASE NO: 10-03497.h1


Financial

04/13/2011

Applicant is 55 years old and employed as a Quality Engineer by a defense contractor. Applicant's history of excessive indebtedness caused by circumstances beyond his control have been mitigated by a good faith effort to resolve the debts. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-01976.h1


Financial; Personal Conduct

04/13/2011

Applicant defaulted on her student loans, and she had a car repossessed when she could no longer afford the payments. She has paid about $1,525 toward her old debts and her $3,436 income tax refund was applied to her student loan debt. Since June 2010, she has had an action plan to address her debt, and she is likely to continue to resolve her debt to improve her credit score. Concerns that she deliberately falsified her security clearance application were not established. Clearance granted. CASE NO: 09-08739.h1


Drug Involvement and Criminal Conduct

04/13/2011

Applicant has not mitigated the Drug Involvement or Criminal Conduct security concerns raised by his use of marijuana and methamphetamines from 2004 through 2007, while on probation. Eligibility for access to classified information is denied. CASE NO: 09-08579.h1


Financial

04/13/2011

The Statement of Reasons alleges delinquent debts amounting to more than $50,000. Applicant paid state tax debts primarily through seizure of his tax refunds. He paid one collection debt, and has a payment plan in place for another. However, most of the unpaid debt relates to federal income taxes. Applicant made inconsistent attempts to pay his tax debts of approximately $50,000 to the IRS, accrued since 1990. He has paid some of the federal debt, but the bulk remains unpaid. He set up payment plans at various times, but did not follow through, and is still working to have a final payment plan in place. He has not shown a track record of meeting his financial obligations. Clearance is denied. CASE NO: 09-0083.h1


Guideline E; Guideline B; Guideline C

04/13/2011

Judge’s conclusion that Applicant deliberately omitted from his security clearance application information about his marriage is sustainable. Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 09-07647.a1


Financial

04/13/2011

Applicant has mitigated the security concerns under the financial considerations guideline. Applicant's husband abandoned her and left her with a home mortgage and marital debt. She also was unemployed for a short period of time. She exhausted all her financial resources to maintain the mortgage, but the home was foreclosed upon in 2007. As a result of early withdrawals and liquidations of stocks to pay her bills, Applicant incurred tax liabilities. The IRS filed a tax lien in 2009. Applicant immediately addressed the issue. She has arranged an installment plan and has paid the IRS since 2010. She also had student loans that she could not pay after 2007 due to her financial upheaval. She is now in a repayment plan and produced documentation to prove this claim. Clearance is granted. CASE NO: 09-07576.h1


Guideline J; Guideline D

04/13/2011

Applicant failed to rebut the presumption that the Judge based her decision on the record evidence rather than her own predilections. Judge not prejudiced by Department Counsel’s having elicited details of Applicant’s criminal conduct. Adverse decision affirmed. CASE NO: 09-06406.a1


Foreign Influence

04/13/2011

Security concerns over Applicant's mother living in Jordan, his having a registered alien spouse from Jordan, and having a resident citizen mother-in-law in Jordan have been overtaken by events. His mother has moved to the United States. Applicant and his wife have divorced, and he no longer has contact with her or his in- laws. Other concerns over having two siblings living in Jordan have been overcome by Applicant's strong and compelling ties to the United States. Most notably, Applicant has honorably served in the U.S. Navy, and served two terms of employment as an Arabic linguist forward deployed in Iraq and later at Guantanamo Bay. He is currently serving a third term of employment as an Arabic linguist at Guantanamo Bay. Applicant successfully mitigated foreign influence concerns. Clearance is granted.


Foreign Influence; Financial Considerations

04/12/2011

Applicant was born in Ghana in 1971, and became a naturalized United States citizen on July 11, 2000. From then until July 2003, Applicant held dual citizenship with Ghana and the United States, but then became a sole United States citizen. Applicant's mother, his two sisters, and his two daughters are United States citizens and residents. Applicant owned seven investment rental properties which were entered into foreclosure, due to his inability to make the required mortgage payments. No evidence was introduced to establish that these debts have been resolved. Mitigation has not been shown under Financial Considerations. Clearance is denied.


Foreign Influence

04/11/2011

Applicant is a 54-year-old employee of a federal contractor. The evidence shows Applicant has family ties or connections to Afghanistan (his country of birth) and Pakistan. He has lived in the United States since age 20, and he has been a U.S. citizen for about 25 years. He has four children, all of whom are native-born U.S. citizens. He has no foreign financial interests of any kind. His family ties to Afghanistan and Pakistan, via his siblings and mother, are not strong due to geographic separation and a lack of interaction for many years. The evidence also shows he 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 his commitment by working as a linguist supporting the U.S. armed forces in combat zones where he served in harm's way exposed to considerable danger. Clearance is granted. CASE NO: 09-03844.h1


Financial; Alcohol; Criminal Conduct; Personal Conduct

04/11/2011

Applicant accrued numerous delinquent debts during periods of unemployment and extended disability. He has attempted to resolve his delinquent debts through Chapter 7 bankruptcy protections. His Chapter 7 case is still pending, however, and his finances are not sufficiently stabilized or under control to mitigate the Government's financial concerns. Security issues associated with Applicant's alcohol and criminal arrest history are too recent and recurrent to absolve him of security concerns over alcohol and criminal conduct. Also, falsification concerns raised under the personal conduct guideline are not adequately reconciled to mitigate concerns under this guideline. Clearance is denied. CASE NO: 09-00146.h1


Financial

04/11/2011

Applicant accumulated delinquent debts during an extended period of marital discord. Based on the documentation provided to date, his proven debts originated in his name have not been fully paid or otherwise resolved. Applicant's finances are not stabilized enough at this time to mitigate security concerns. Clearance is denied. CASE NO: 08-10170.h1


Guideline C; Guideline B

04/09/2011

A Judge is presumed to have considered all of the evidence. Applicant failed to rebut that presumption. Adverse decision affirmed. CASE NO: 10-06824.a1


Financial

04/08/2011

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant quit a job in 2008 to care for her elderly mother. She could not find employment for two years. However, she has not resolved any of her $33,000 in delinquent debt. She fully intends to pay her debts if she obtains a security clearance for this job. Clearance is denied. CASE NO: 10-06016.h1


Drugs

04/08/2011

Applicant has not mitigated the security significance of his drug involvement. Clearance is denied. CASE NO: 10-04916.h1


Financial Considerations

04/08/2011

Applicant is a 28-year-old employee of a defense contractor. He is alleged to be indebted to two creditors in the approximate amount of $27,068. Applicant has mitigated the Financial Considerations security concerns. Eligibility for access to classified information is granted. CASE NO: 10-04236.h1


Foreign Preference; Foreign Influence

04/08/2011

The Applicant has not mitigated the security significance of his possession of a current French passport. In addition, he did not mitigate the security significance of his family in France. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-03427.h1


Guideline F; Guideline E

04/08/2011

Applicant’s appeal brief contains no assertion of harmful error on the part of the Judge. The Appeal Board’s authority to review a case is limited to cases in which the appealing party alleges the Judge committed harmful error. Adverse decision affirmed.


Guideline F

04/08/2011

Applicant’s debts were affected by the spending habits of his ex-wife as well as periods of unemployment, but the Judge concluded that Applicant had not demonstrated responsible action in regard to his debts. The Judge’s conclusion is sustainable. Adverse decision affirmed.


Foreign Influence; Foreign Preference

04/08/2011

Applicant was born in Iraq. Most of his family members live in the United States as citizens or permanent residents, but his brother lives in Iran. Applicant voted in Iraqi elections in 2005. He participated as a linguist in more than 900 special operations combat missions in Iraq. Applicant has mitigated foreign influence and foreign preference security concerns. Clearance is granted. CASE NO: 10-00734.h1


Financial

04/08/2011

Applicant's documented track record of payments to several unlisted creditors over 18 months is part of his debt plan to resolve all listed delinquent accounts in the Statement of Reasons. When the unlisted creditors are resolved, he will be able to devote his efforts to the listed creditors who will be more inclined to negotiate repayments with him. Eligibility for access to classified information is granted.


Drugs; Alcohol; Personal Conduct

04/08/2011

Applicant abused marijuana, LSD, and methamphetamines during his late teens and early twenties. He ceased his illegal drug use in 1981 only to resume smoking marijuana around 1999 or 2000. In 2003, he began abusing Xanax without a prescription. He abused both drugs, for the most part weekly and while he held a security clearance, until his arrest on felony and misdemeanor drug charges in January 2007. He abused marijuana in September 2007 pending his sentencing on those drug charges. Applicant also abused alcohol, but he limited his drinking after an August 2003 drunk driving offense. He denied any illegal drug use on his initial application for a security clearance, and concealed his latest abuse when he reapplied for his clearance. Drug Involvement and Personal Conduct are not mitigated. Clearance denied. CASE NO: 08-06697.h1


Financial

04/07/2011

Applicant's statement of reasons (SOR) lists twenty delinquent debts totaling $57,194. He did not provide proof of any payments to his SOR creditors. He failed to make sufficient progress in resolving his SOR debts, and financial considerations concerns are not mitigated at this time. Applicant's eligibility for access to classified information is denied. CASE NO: 10-03524.h1


Financial

04/07/2011

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:10-01756.h1


Financial; Drugs

04/07/2011

Applicant is delinquent on five debts. He did not produce evidence of payment or a repayment plan on the delinquent debts. He did not mitigate the Financial Considerations security concerns. Applicant met his burden to show that his use of non-prescribed drugs was an anomaly. Drug Involvement security concerns were mitigated. Eligibility for access to classified information is denied. CASE NO: 09-08088.h1


Alcohol; Drugs; Personal Conduct

04/07/2011

Applicant is a 30-year-old employee of a federal contractor. The evidence shows he has a history of heavy drinking and alcohol-related incidents beginning in 1999, with his most recent incident taking place in 2008. And he used cocaine on about three occasions in 2006, while he was on active duty with the U.S. Navy; he also tested positive for cocaine the same year. As a result of his drug-related misconduct, he was separated from the Navy with a less than honorable discharge. He no longer drives after consuming alcohol, and he has not used illegal drugs or associated with those that do since testing positive for cocaine. It is too soon to tell if these matters are a thing of the past or a harbinger of things to come. He did not present sufficient evidence of reform and rehabilitation to mitigate the security concerns. Clearance is denied. CASE NO: 09-07084.h1


Drugs; Personal Conduct

04/06/2011

Applicant used cocaine, methamphetamine, ecstasy, ketamine, and marijuana on multiple occasions. He used cocaine as recently as August 2009 and methamphetamine as recently as October 2009. He lied about the full extent of his drug use on his security clearance application. Clearance denied. CASE NO: 10-03669.h1


Foreign Influence; Personal Conduct; Financial

04/06/2011

Applicant is 44 years old. He failed to cooperate during his security clearance background investigation. He refused to answer certain questions about his nephew. He provided false information to investigators and on his security clearance application. His family has a substantial financial interest in Afghanistan. His sister is a citizen of Afghanistan and resident of Pakistan. Applicant failed to provide sufficient evidence that he is not responsible for a delinquent debt. Applicant failed to mitigate the security concerns under Guideline B, Foreign Influence, Guideline E, Personal Conduct, and Guideline F, Financial Considerations. Clearance is granted. CASE NO: 10-02723.h1


Financial

04/06/2011

Applicant acquired over $23,000 in delinquent debt. Although he noted his 2005 divorce and four deployments over the past decade, he failed to provide documentary evidence indicating a reasonable plan or effort to address the debts at issue. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 10-01125.h1


Foreign Influence

04/06/2011

Thirty-three-year-old Applicant is an Iranian-born, naturalized U.S. citizen, who has lived in the United States since 2002. His father and sister are citizens and residents of Iran, but have had no affiliation with the Iranian government or intelligence service. Applicant visited them in Iran after he became a U.S. citizen, and speaks with them every week or two. Considering the Iranian government and its position with respect to human rights, its aggressive intelligence operations and economic espionage against the United States, and its relationship with the United States, there is a heightened risk that his father and sister could be subjected to pressure or coercion to influence Applicant. Concerns as to Applicant's security eligibility and suitability have not been satisfied. Clearance is denied. CASE NO: 09-06815.h1


Financial

04/06/2011

Applicant has six delinquent accounts totaling $45,863, to include $6,234 owed to the Internal Revenue Service, $4,242 and $1,320 owed to two different states for income taxes, and $26,234 owed to the Department of Education for student loans. Applicant has made insufficient effort to repay these debts. No mitigating conditions fully apply. Clearance is denied. CASE NO: 09-03480.h1


Criminal Conduct; Personal Conduct

04/06/2011

Applicant has not mitigated the security concerns under the criminal conduct and personal conduct guidelines. Applicant admitted carrying a concealed weapon from 1991 to 2006. He held a security clearance during that time. He has shown a disregard for the law and poor judgment over a long period of time. Clearance is denied. CASE NO: 08-08570.h1


Financial

04/05/2011

Applicant is 53 years old and employed as a Technical Specialist CFF by a defense contractor. His history of excessive indebtedness that began as a result of unemployment and underemployment in 2006 and 2009, has not been mitigated. The Applicant has been working since November 2009, and has failed to demonstrate a good faith effort to resolve his debts. There is no evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-06205.h1


Financial

04/05/2011

Applicant has significant overdue debts, and no evidence was introduced to show that they had been resolved. Mitigation has not been shown. Clearance is denied.


Personal Conduct

04/05/2011

Applicant is 57 years old. When taking a polygraph he failed to follow the directions of the examiner by using physical countermeasures in an attempt to manipulate the results. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct. Clearance is denied. CASE NO: 10-04990.h1


Financial

04/05/2011

The Applicant has not mitigated the security significance of her past due indebtedness. She has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-01188.h1


Financial

04/05/2011

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: 09-07450.h1


Financial

04/05/2011

Applicant owed approximately $52,000 on an unpaid judgment and 13 charged-off or placed-for-collection accounts. Applicant has paid three of the debts, which total approximately $14,000. He has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 09-06611.h1


Financial

04/05/2011

The Applicant has not mitigated the security significance of his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 09-04971.h1


Personal Conduct

04/05/2011

At various times over the past 20 years, Applicant engaged in domestic violence, solicited the services of prostitutes, failed to report all of his income, charged non-contract training to government contracts, and committed security violations. For six years while holding a security clearance, he did not inform his wife of his contacts with prostitutes. Some of his conduct is mitigated, but the remainder demonstrates a failure to follow rules and willingness to place his own needs before those of the government. Clearance is denied. CASE NO: 09-03620.h1


Guideline F

04/04/2011

Applicant was advised of his right to employ counsel to represent him at the hearing. Applicant failed to rebut the presumption that the Judge was not biased against him. Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 10-02364.a1


Guideline B

04/04/2011

Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Other Hearing Office cases may be considered as persuasive authority, but they are not binding either on other Hearing Office Judges or on the Appeal Board. Adverse decision affirmed. CASE NO: 09-08417.a1


Guideline F; Guideline E

04/04/2011

Applicant did not reply to the File of Relevant Material. Applicant has not provided a reason to disturb the Judge’s credibility determination. Applicant has not rebutted the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 09-07012.a1


Financial; Personal Conduct

04/01/2011

Applicant accumulated 11 debts totaling $44,204. These debts were accrued during a five-year period from 2004 to 2009 when Applicant's wife was unable to work due to medical problems. However, since his wife returned to work in 2009, Applicant has made little or no documented effort to contact, repay, or settle his delinquent accounts with his creditors. In April 2009, Applicant was arrested for driving under the influence (DUI). Additionally, Applicant falsified his July 2009 security clearance application by failing to list any of his financial delinquencies and his DUI. No mitigating conditions fully apply. Clearance is denied. CASE NO: 09-08470.h1


Drug Involvement; Personal Conduct

04/01/2011

The Applicant used marijuana over a period of 20 years, and after being granted a security clearance in May of 2009. He was also less than candid about his past drug abuse on his 2009 Security Clearance Application. Clearance is denied. CASE NO: 09-06841.h1


Foreign Influence

04/01/2011

Thirty-eight-year-old Applicant is an Indian-born, naturalized U.S. citizen, who has lived in the United States since 1996. His parents and siblings are citizens and residents of India, but have had no affiliation with the Indian government or intelligence service. Applicant's "closest family," his wife and two children, reside in the United States. Applicant is well respected by his friends and colleagues for his honesty, integrity, and truthfulness. His net worth in the United States is $898,386, as compared with an estimated $2,325 in an Indian bank. There is evidence that India is an active participant in economic espionage, industrial espionage or trade secret theft, or violations of export-control regulations. Nevertheless, concerns as to Applicant's security eligibility and suitability have been satisfied. Clearance is granted. CASE NO: 09-01379.h1


Financial; Personal Conduct

03/31/2011

Applicant owes three delinquent debts, totaling nearly $97,000, all of which are unresolved. He 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 his financial problems are being resolved or are under control. Moreover, he deliberately failed to disclose his delinquent debts in his security clearance application. Clearance is denied. CASE NO: 10-01024.h1


Financial

03/31/2011

Applicant became a father at age 19, was divorced at age 22, and drifted through periods of unemployment and underemployment until he began his current job. He incurred several delinquent debts, including a child support arrearage of more than $14,000. After he was hired by his current employer, he began paying child support by payroll deduction, made payments on the arrearage, and negotiated payment plans for two other delinquent debts. In November 2010, his grandparents gave him an unqualified gift of sufficient money to pay all his delinquent debts, including the child support arrearage. Clearance is granted. CASE NO: 10-00788.h1


Financial

03/31/2011

After September 11, 2001, Applicant incurred delinquent debt when he was laid off from a job that paid well. At the same time, his wife could no longer work because she became terminally ill. He worked for contractors in Iraq and Afghanistan to earn money to pay his debts. He hired tax and credit experts to assist him in resolving his credit and tax debts. He either paid most of the debts or could not find sufficient information to pay them. He presented adequate information to mitigate the financial security concern. Eligibility for access to classified information is granted. CASE NO: 10-00039.h1


Financial

03/31/2011

Applicant is a 57-year-old employee of a defense contractor. He has not mitigated the security concerns raised by his history of delinquent debts and failure to file his state and federal income tax returns. Clearance is denied. CASE NO: 10-00027.h1


Financial

03/31/2011

Applicant has two delinquent debts remaining from 2002 when he incurred debt after leaving the Army and before starting a new job. He paid all but these two debts from this period. His last contact with these creditors was in 2006 and 2008. He had sufficient income to pay these debts. He recently reached settlement agreements with the creditors indicating that contact and settlement agreements were reasonably available in the past. Applicant's failure to act on these debts in the past shows unreasonable and irresponsible management of his finances, indicating that he may be unreasonable and irresponsible towards the management of classified information. Applicant failed to mitigate security concerns for his finances, and he is not eligible for access to classified information. CASE NO: 09-08080.h1


Financial

03/31/2011

Applicant failed to mitigate the security concerns raised by her history of financial irresponsibility. Clearance denied.


Financial; Criminal Conduct; Personal Conduct

03/31/2011

Applicant owes about $12,000 in delinquent debt incurred between 2003 and 2006. While her financial struggles were caused in large part by her divorce and job loss, she has made little progress toward resolving her debt. From 2005 to 2008, Applicant was arrested for telephone misuse, theft of a motor vehicle (reduced to unauthorized use of a motor vehicle), fugitive from justice, harassment, contempt of court, and possession with intent to distribute marijuana. On her application for a public trust position, she indicated that she had been convicted of unauthorized use of a motor vehicle in 1997 and omitted her other arrests. Public trust position denied. CASE NO: 09-03191.h1


Drug Involvement, Personal Conduct, and Criminal Conduct

03/31/2011

Applicant has not mitigated the Drug Involvement, Personal Conduct, or Criminal Conduct security concerns. Eligibility for access to classified information is denied. CASE NO: 09-03066.h1


Drugs

03/31/2011

Applicant has used marijuana infrequently since she was 14 years old. As a result of holding a security clearance in the 1980s, she should have realized that drug use is incompatible with holding a security clearance. First stating and then reaffirming her intention to use drugs in the future has not been mitigated by her character evidence. Eligibility for access to classified information is denied.


Financial; Foreign Preference; Foreign Influence; Personal Conduct

03/31/2011

Applicant failed to mitigate the security concerns raised by his ongoing involvement with his religious ministry in Liberia, falsification of his clearance application regarding his past foreign connections to Liberia, and his continuing financial problems. Clearance denied.


Financial

03/30/2011

Applicant is 47 years old, married, and has two children. He works for a defense contractor. He incurred 20 delinquent totaling $18,476. Applicant has not repaid any of these delinquent debts dating to 2004. Applicant did not mitigate the financial considerations trustworthiness concerns. Clearance is denied. CASE NO: 10-05992.h1


Financial

03/30/2011

Applicant is a 38-year-old employee of a defense contractor. Applicant and her husband had good jobs and were financially secure before he decided to enter the real estate business and "flip" houses. They have their finances back in order after the real estate market collapse devastated their finances. She has mitigated Financial Considerations security concerns. CASE NO: 10-04093.h1


Drugs

03/30/2011

Applicant, 27, has a 10-year history of alcohol and illegal drug use, highlighted by one brush with the law for a drug offense. He presented no evidence of a recent diagnosis with a favorable prognosis. He is not participating in substance-abuse treatment. In light of his age, his many years of using alcohol and multiple illegal drugs, and the lack of evidence about a change of lifestyle, Applicant's behavior continues to cast doubt about his reliability, judgment, and ability and willingness to comply with the law. Clearance is denied. CASE NO: 10-02930.h1


Alcohol

03/30/2011

Applicant was arrested for driving under the influence three times between March 2005 and October 2008. He was convicted and sentenced each time. He has never been diagnosed with alcohol abuse or alcohol dependence. He has abstained from alcohol since his last arrest and established a reputation for candor and dependability at work. Clearance is granted. CASE NO: 10-00318.h1


Financial

03/30/2011

Applicant accumulated five debts totaling $19,140. In 2006, he accepted a voluntary cross-country company-sponsored move. He purchased a $640,000 home at his new location before selling his $649,000 home at his old location. In a volatile and declining real estate market, he was unable to sell his $649,000 home. Maintaining two homes on his income became impossible. He defaulted on the first and second mortgage on his $649,000 house. He later was unable to make payments on his $640,000 house. While making some headway to repay his creditors, his efforts to establish financial responsibility are insufficient to overcome security concerns raised. Clearance is denied. CASE NO: 09-08529.h1


Foreign Influence

03/30/2011

Forty-year-old Applicant is a Ukrainian-born, naturalized U.S. citizen, who has lived in the United States since 1996. She has substantially more connections to the United States than to Ukraine. Her parents are citizens and residents of Ukraine. Applicant's "closest family," her two children, reside in the United States. She has built her life, career, and a life for her children here. She is well respected by her friends and colleagues for her honesty, integrity, and truthfulness. Having recently gone through a costly divorce and custody battle with her U.S.-born ex-husband, a battle in which she prevailed, her assets have significantly diminished. She rents her home, but owns her automobile and has modest assets. She relinquished her one-quarter share in her parents' Ukraine apartment, but her youngest minor son retains his one-quarter share, worth about $10,000, a rather insignificant amount. There is no evidence that Ukraine is an active participant in economic espionage, industrial espionage or trade secret theft, or violations of export-control regulations. Concerns as to her security eligibility and suitability have been satisfied. Clearance is granted. CASE NO: 09-07179.h1


Personal Conduct; Criminal Conduct

03/30/2011

Applicant is 44 years old. She has a 15-year history of deliberately falsifying information to government investigators and on official government documents. She impersonated a special agent of the Federal Bureau of Investigation on multiple occasions, a felony offense. Applicant failed to mitigate security concerns under Guideline E, Personal Conduct, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-06975.h1


Personal Conduct

03/30/2011

Applicant has mitigated the Personal Conduct security concerns related to his missionary work in China while possessing a security clearance. Eligibility for access to classified information is granted. CASE NO: 09-06386.h1


Information Technology; Personal Conduct

03/30/2011

While employed by a previous defense contractor, Applicant copied computer files relating to parts that had passed inspection and used them to falsify non-destructive test record results for classified parts. When initially questioned by security personnel about the incident, he denied any falsification of test record results. As a result of his actions, he was terminated. Applicant does not mitigate security concerns associated with his past conduct. Clearance is denied. CASE NO:09-05899.h1


Information Technology; Personal Conduct

03/30/2011

Applicant is 51 years old and is employed by a defense contractor. He is a database administrator. Applicant introduced media into company computers, shared passwords, and guessed passwords. He also took office supplies from unassigned office cubicles for home work use, broadened computer accounts in the course of his work, took company documents home, removed a company and office designation from a document, had a 2004 security clearance application disapproved by another agency, and did not disclose the disapproval on his security clearance application in 2007. Applicant mitigated the security concerns under the use of information technology systems guideline, but not under the personal conduct guideline. Clearance is denied. CASE NO: 08-07693.h1


Drugs

03/29/2011

The Applicant has mitigated the drug usage concerns. Clearance is granted. CASE NO: 10-03515.h1


Financial

03/29/2011

Applicant's financial delinquencies date to at least 2003. He failed to provide documentation to establish that he had paid or otherwise attempted to resolve the eleven financial delinquencies alleged in the SOR. Applicant professes little knowledge of or interest in his financial situation, and he delegates his financial responsibilities to his wife. Applicant and his wife have a combined net monthly income of approximately $8,300. Their net monthly remainder is $145. Applicant plans to resolve his financial delinquencies at an unspecified time in the future. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 10-03112.h1


Financial; Personal Conduct

03/29/2011

Applicant has mitigated the security concerns under the financial considerations guideline. Applicant was the victim of identity theft. He provided documentation concerning the issue. He had no idea that he had incurred delinquent debt that was reported on his credit report. He has one utility account in a payment plan. The other three debts alleged in the SOR are resolved. The Government withdrew the allegation under personal conduct. Clearance is granted. CASE NO: 09-08558.h1


Foreign Influence; Personal Conduct

03/29/2011

Applicant is a native U.S. citizen who was raised and educated in Greece. A resident of the United States since 2000, he did not register for the U.S. Selective Service because he was unaware of the requirement to do so until he was too old to register. He returned to Greece in November 2008 to serve two months of compulsory military service in the Greek army, and is the legal owner with his brother of two properties in Greece worth around $150,000 US. Applicant initiated the process to renounce his Greek citizenship in July 2010, but the foreign preference concerns are not fully mitigated. Clearance denied. CASE NO: 09-08245.h1


Financial; Personal Conduct

03/29/2011

Applicant began accumulating debt in 2001, most of which remains unresolved. When she completed her security clearance application, she did not disclose any of the delinquent debts. She failed to provide sufficient evidence that she has taken substantial steps to resolve her debts and offered no credible explanation for omitting the information from her application. She failed to mitigate the security concerns raised under the financial considerations and personal conduct guidelines. Clearance is denied.


Financial

03/29/2011

Applicant mitigated the security concerns raised by her financial problems by demonstrating consistent effort over several years to address her delinquent debts, caused by her lengthy unemployment, her husband's lengthy unemployment, and unexpected medical bills from a serious injury to their child. Clearance granted.


Financial Considerations

03/28/2011

Financial considerations concerns were raised because of Applicant’s history of financial irresponsibility, which includes a 1997 bankruptcy, delinquent state and federal income tax debts past due since the late 1990s, and several delinquent accounts. Applicant did not mitigate the concerns raised under financial considerations. Clearance is denied. CASE NO: 10-02344.h1


Finances

03/28/2011

Applicant accumulated several delinquent debts after his wife lost her job and his hours were reduced in 2009. His listed delinquent debts comprise two credit card accounts and first and second mortgages. Applicant documented payment of one of his credit card debts and substantial payments on the other one. He also documents bringing his first mortgage current and initiating repayment efforts on his second mortgage. Applicant is highly regarded by his employer and establishes a good overall repayment track record. He mitigates security concerns associated with his past debt delinquencies. Clearance is granted. CASE NO:10-01343.h1


Alcohol; Psychological Disorders

03/28/2011

Applicant is 49 years old and employed as a Machinist by a defense contractor. The Applicant's history of excessive alcohol abuse that includes a number of alcohol related incidents, treatment followed by relapses, and a formal diagnosis of alcohol dependence has not been mitigated by sufficient evidence of reform and rehabilitation. His history of mental illness or mood disorders also pose a significant security risk as they have not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 10-01215.h1


Personal Conduct

03/28/2011

Applicant has not mitigated the Personal Conduct security concerns related to his falsification surrounding his drug use and his use of marijuana while possessing a security clearance. Eligibility for access to classified information is denied. CASE NO:10-00291.h1


Financial; Personal Conduct

03/28/2011

Applicant incurred delinquent debt starting in 2007 after being granted a Chapter 7 bankruptcy discharge in 1999. She has begun repaying her past-due debts, but it is too soon to conclude that her financial problems are behind her. Personal conduct concerns persist because of her false response to the bankruptcy inquiry on a January 2005 security clearance application (SF 86) and her omission of any delinquent debt when she applied for a clearance for her current job in June 2009. Clearance denied. CASE NO: 09-06277.h1


Financial

03/28/2011

Applicant has mitigated the security concerns under the financial considerations guideline. Applicant incurred delinquent debt as a result of unemployment and underemployment in 2007. She paid her delinquent accounts. She has a past-due mortgage of $117,000 that she is diligently attempting to modify. Clearance is granted. CASE NO: 09-06043.h1


Financial

03/25/2011

Applicant is 51 years old. In late 2007 her mother became ill and Applicant incurred expenses associated with traveling to visit her and care for her. Her mother passed away in June 2008. Although her mother's illness impacted her finances, she has not acted responsibly. Applicant has approximately $114,000 of delinquent debt that is unpaid and unresolved. A substantial amount of her delinquent debt is for credit cards. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-06912.h1


Foreign Influence

03/25/2011

Applicant is a naturalized U.S. citizen who was born in Sudan. His wife and one son are citizens of Sudan; two other children are naturalized U.S. citizens. Applicant's mother, eight siblings, and his wife's father and brother are citizen-residents of Sudan. Applicant's contacts with his mother, siblings, and in-laws, demonstrate ties of affection and obligation. Sudan is a state sponsor of terrorism, allows terrorists to operate within its borders, and violates the civil and human rights of its citizens. These facts, when considered with Applicant's ties to Sudanese citizens, indicates that a heightened risk of exploitation exists. Clearance is denied. CASE NO: 10-04503.h1


Foreign Influence

03/25/2011

Applicant immigrated to the United States and later helped her parents come to the United States. After receiving green cards, they returned to China for medical care, then became physically unable to return. Applicant speaks with them on the phone regularly, oversees their care, and visits them in China. While her ties to other relatives in China are of little security concerns, her relationship with her parents sustains foreign influence security concerns. Clearance denied. CASE NO: 10-03412.h1


Financial

03/25/2011

While Applicant experienced conditions beyond his control that resulted in financial delinquencies, he did not act responsibly in addressing his delinquent debts. He failed to mitigate security concerns under Guideline F, Financial Considerations. Eligibility for a security clearance is denied. CASE NO: 10-03203.h1


Financial

03/25/2011

The Statement of Reasons alleges delinquent debts amounting to approximately $10,000. Applicant had not paid any debts or set up plans to pay any debts, despite being on notice during the security clearance process that they were a security concern. After the hearing, he finalized a plan with a credit repair agency, but the plan is too recent to show a track record of payments. Clearance is denied. CASE NO: 10-02343.h1


Foreign Preference; Foreign Influence

03/25/2011

Applicant failed to mitigate the trustworthiness concerns based on foreign influence and foreign preference raised by his contacts with immediate family members in Iran and his exercise of Iranian citizenship after becoming a U.S. citizen. Applicant's eligibility to occupy an ADP I/II/III position is denied. CASE NO: 10-01100.h1


Guideline H; Guideline E: Guideline F

03/25/2011

Applicant has not rebutted the presumption that the Judge considered all the record evidence. Adverse decision affirmed.


Alcohol; Criminal Conduct

03/25/2011

Applicant is 28 years old and employed as a Bonding Assembler by a defense contractor. His history of alcohol abuse from 2004 to 2009, his DUI of May 2009, and his diagnosis of alcohol dependence in 2010, is recent and has not been mitigated by sufficient evidence of reform and rehabilitation. Clearance is denied. CASE NO: 10-00827.h2


Financial

03/25/2011

Applicant is a 40-year-old employee of a federal contractor. The evidence shows Applicant has a history of unresolved financial problems or difficulties. Applicant failed to present sufficient evidence to overcome the security concerns raised by his history of financial problems. Clearance is denied. CASE NO: 09-08385.h1


Financial

03/25/2011

Applicant incurred delinquent debt when his wife did not pay a vehicle debt when he deployed to Iraq, the military health care system did not pay a bill that was its responsibility, and he fell behind on child support payments when he switched from being employed to attending school. He has resolved or is in the process of resolving all of his delinquent debts. He has mitigated security concerns based on financial considerations. Eligibility for access to classified information is granted. CASE NO: 09-08305.h1


Alcohol Consumption

03/25/2011

Applicant is an admitted alcoholic and alcoholic dependent. She last drank to the point of intoxication in May 2008, and her last consumption of alcohol was in November 2009. She is an active participant in Alcoholic Anonymous and continues to attend an aftercare program even though not required. Applicant presented sufficient information to indicate she continues to work hard to overcome her addiction. Her information shows a change in her life and conduct to indicate she has reformed and is rehabilitated. She mitigated security concerns for alcohol consumption and eligibility for access to classified information is granted. CASE NO: 09-06746.h1


Personal Conduct; Foreign Influence

03/25/2011

Applicant is a 42-year-old self-employed consultant. The evidence shows that, dating back to 1988 and continuing until about 2007, he made a series of deliberately false statements about his use of marijuana. In addition, he made deliberately false statements about his security clearance history. His explanation, that any such statements were not deliberately false and were inadvertent or due to inattention, is simply belied by the extensive documentary evidence. The foreign influence matter is mitigated. Clearance is denied. CASE NO: 09-06473.h1


Foreign Influence

03/25/2011

Applicant immigrated to the United States from Afghanistan with his family in the early 1980s. He spent over a year visiting Afghanistan in 2004-2005, living in his former house with his half-brother, nephews, and other relatives, while challenging them for title to the domicile. He returned in 2007 and stayed with an in-law while undergoing dental work. Applicant failed to provide sufficient information about these individuals to assess their significance as foreign contacts. Clearance denied. CASE NO: 09-04769.h1


Guideline B; Guideline E; Guideline F

03/25/2011

The Judge’s findings are consistent with Applicant’s admissions in response to the SOR.


Financial; Personal Conduct

03/24/2011

Applicant accumulated seven delinquent debts totaling about $24,635 due to conditions beyond his control in 2007-2008. He produced no evidence of efforts to resolve his debts even though he has been gainfully employed since December 2007. He did not disclose his delinquent debts on his security clearance application. Clearance is denied. CASE NO: 10-05152.h1


Security Violations; Information Technology

03/24/2011

Applicant is 31 years old. He committed security violations in 2004, 2005, and 2009. The 2004 incident was determined to be a violation only after a group of senior personnel scrutinized his actions and decided to err on the side of caution. The 2005 violation was due to Applicant's negligence. In 2009, it was determined that Applicant viewed an interpretation of material more broadly than others. Again, his work was scrutinized and it was determined he committed a security violation. Applicant mitigated the security concerns under Guideline K, Handling Protected Information, and Guideline M, Use of Information Technology Systems. Clearance is granted. CASE NO: 10-01648.h1


Foreign Influence

03/24/2011

Applicant immigrated to the United States with his wife and son. Now a U.S. citizen, he recently ceased communication with his father in China, who is old, lives alone, and receives a Chinese government pension. Despite their recent decision to end their personal contact, the two share a familial bond. While Applicant's ties to other Chinese citizens were mitigated, foreign influence security concerns about the father remain. Clearance denied. CASE NO: 09-07242.h1


Financial

03/24/2011

Applicant is 31 years old. After college she lived at home for two years and consistently made payments on her student loans. When she moved out on her own she was underemployed and unemployed for a period of time. She did not live beyond her means, but had difficulty paying all of her bills on time, including her student loans. She has resolved all of her delinquent debts except one that she has a payment agreement with the creditor. She has resumed paying her student loans. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 09-06508.h1


Financial; Personal Conduct

03/24/2011

Applicant incurred numerous delinquent debts after he was seriously injured in an automobile accident in 2002. He resolved many of the debts, but he stopped his efforts to resolve three debts because they are no longer reflected on his credit report. He intentionally failed to disclose his delinquent debts when he submitted security clearance applications in December 2004 and April 2009. Clearance is denied. CASE NO: 09-05569.h1


Financial

03/23/2011

Applicant is 61 years old and employed as a Systems Test Engineer by a defense contractor. His excessive indebtedness initially caused by a job lay off has not been mitigated by a good faith effort to resolve his debts. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-03020.h1


Foreign Preference; Foreign Influence

3/23/2011

Applicant has mitigated the Foreign Preference and Foreign Influence security concerns. She has surrendered her French and Tunisian passports to her Facility Security Officer. The security concerns raised by her foreign contacts in France and Tunisia are overcome by her strong sense of loyalty to the U.S. Eligibility for access to classified information is granted. CASE NO:09-05948.h1


Financial; Personal Conduct

03/23/2011

The Applicant has not mitigated the security significance of his past due indebtedness. He has mitigated the personal conduct concerns due to the passage of time. Clearance is denied. CASE NO: 09-02910.h1


Foreign Influence, Foreign Preference

03/22/2011

Applicant is a naturalized U.S. citizen who was born in Libya. He has ties of affection and obligation to members of his family who are Libyan citizens, and travels abroad to visit them. Applicant also retains a valid Libyan passport, which he has used to travel to Libya eight times since becoming a U.S. citizen. He surrendered his foreign passport, but retrieved it for travel and renewal. Security concerns under Guidelines C and B are not mitigated. Clearance is denied. CASE NO: 10-01593.h1


Financial

03/22/2011

Applicant is a 54-year-old employee of a defense contractor. He has an unpaid tax debt from 2001. Clearance is denied. CASE NO: 09-05493.h1


Personal Conduct

03/21/2011

Applicant has mitigated the security concerns under the above guideline. Through the passage of time and maturation, Applicant has proven he is eligible for a security clearance. He is now 30 years old and recently married. He has pursued his undergraduate and graduate degree. He has excellent character references from persons who are familiar with the SOR. He has held a security clearance for 11 years without incident. He admits and regrets his poor choices when he was younger. CASE NO: 10-04031.h1


Foreign Influence

03/21/2011

Applicant fled Iran via Azerbaijan in the 1990s. While he has built a successful and happy life in the United States, he maintains contact with immediate family members in Iran, one of whom is a vocal critic of the current regime. Foreign influence security concerns remain unmitigated. Clearance denied. CASE NO: 10-02660.h1


Financial Considerations

03/21/2011

Applicant accumulated delinquent debts and failed to file federal and state tax returns for two prior years. His proven debts have not been paid or resolved to date, except by state garnishment for one of his debts, and he has not filed his federal and state tax returns for two years. Applicant's finances are not stabilized enough at this time to mitigate security concerns. Clearance is denied. CASE NO: 09-07241.h1


Sexual Behavior; Personal Conduct DIGEST: Applicant’s sexual conduct raises

03/21/2011

Applicant’s sexual conduct raises security concerns under Guideline D, Sexual Behavior and Guideline E, Personal Conduct. Applicant failed to mitigate these concerns. Eligibility for access to classified information is denied. CASE NO: 09-03279.h1


Financial Considerations, Personal Conduct

03/21/2011

Applicant filed Chapter 7 bankruptcy in November 2008 and was awarded a discharge in March 2009. Two debts not discharged were $8,000 in traffic-related fines owed to his state and $20,408 owed in taxes, penalties, and interest to the Internal Revenue Service. Applicant falsified his January 2008 public trust position application by failing to disclose numerous financial obligations over 180 days delinquent. He failed to mitigate security concerns raised. Eligibility for access to sensitive information is denied.


Financial

03/18/2011

Applicant is 44 years old and employed as a Reliability Engineer by a defense contractor. His house was foreclosed upon due to unanticipated and unforeseen periods of unemployment and underemployment. He has always paid his other debts in a timely fashion. He has no financial obligation to the mortgage lender and his taxes have been filed and handled properly. There is sufficient evidence of financial rehabilitation. Clearance is granted. CASE NO: 10-01348.h1


Financial; Personal Conduct; Foreign Influence

03/18/2011

Between 2004 and 2008, Applicant overextended himself financially when he purchased three real estate properties and one vehicle on his modest income. He acquired at least 15 debts that became delinquent before 2009. He has paid seven smaller debts, but he failed to establish financial responsibility in the acquisition of the debts. Moreover, he deliberately failed to disclose his delinquent debts in his security clearance application. Foreign influence concerns are mitigated. Clearance is denied. CASE NO: 10-00718.h1


Guideline G; Guideline J; Guideline E

03/18/2011

The Judge found that Applicant has a lengthy and serious history of alcohol-related incidents as well as arrests for other criminal conduct. The Judge reasonably explained why the mitigating evidence was insufficient to overcome the security concerns. Adverse decision affirmed.


Financial Considerations

03/18/2011

A mortgage lender obtained a $93,812 judgment against Applicant, which was discharged in her 2009 bankruptcy. Applicant has rebutted or mitigated the financial considerations security concerns. Clearance is granted. CASE NO: 09-08496.h1


Financial

03/18/2011

Applicant is a 39-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties, which are ongoing. His history includes three bankruptcy cases in the past and, more recently, debts that are now delinquent. Applicant did not present sufficient evidence to rebut, explain, extenuate, or mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 09-08200.h1


Guideline F

03/18/2011

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


Financial

03/18/2011

Applicant is 42 years old. In 2007, he and his cousin partnered to buy real estate and "flip" houses. Applicant had a real estate license and understood the risks. He obtained two loans for $494,000 and $500,000 in his name only. His cousin used his money to pay down payments and was to make the mortgage payments. Applicant used credit cards to finance the repairs required for the properties. His cousin reneged and Applicant defaulted on the loans and credit cards. In November 2010, he had approximately $323,000 discharged in Chapter 7 bankruptcy. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-05607.h1


Financial Considerations

03/18/2011

The SOR alleged three charged-off accounts totaling approximately $50,000. The accounts have now been paid. Applicant has mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-05405.h1


Guideline F

03/18/2011

After Applicant admitted the SOR allegations, the burden shifted to him to mitigate the security concerns raised. In this case the Judge noted that Applicant’s repayment was made through attachment of his retired pay. Adverse decision affirmed.


Financial Considerations

03/18/2011

Thirty-three-year-old Applicant's financial situation deteriorated sometime before 1998, when her debts were discharged in a Chapter 7 bankruptcy, and has continued to the present day. Her 2003 bankruptcy under Chapter 13 was dismissed. Accounts remain delinquent and were either placed for collection, charged off, or went to judgment. She disputed a number of accounts because they were listed multiple times in her credit reports. As to some of her delinquent accounts, especially those that were charged off or which were removed from her credit reports because they were more than seven years old, Applicant indicated that she has no intention of pursuing those creditors to resolve the delinquent accounts. The record is silent as to why Applicant's remaining delinquent accounts remain largely unaddressed. With debts currently totaling approximately $44,710, she has failed to produce evidence of payment plans or actual payments. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied. CASE NO: 08-09316.h1


Financial Considerations

03/17/2011

Applicant has failed to rebut or mitigate the financial considerations security concerns. Clearance is denied. CASE NO: 09-07818.h1


Alcohol; Drugs; Criminal Conduct

03/17/2011

Applicant, 26, has close to a 10-year history of alcohol and illegal drug use, highlighted by three brushes with the law, two for drug offenses and one for driving while under the influence of alcohol. He presented no evidence of a recent diagnosis with a favorable prognosis. He is not participating in alcohol and substance-abuse aftercare treatment. In light of his age, his many years of using alcohol and multiple illegal drugs, and his failure to change his lifestyle, Applicant's behavior continues to cast doubt about his reliability, judgment, and ability and willingness to comply with the law. Clearance denied. CASE NO: 09-07800.h1


Financial Considerations

03/17/2011

Applicant had three student loans placed for collection, which totaled approximately $20,000 and he owed the IRS approximately $8,000 in past due taxes. He has established repayments schedules and is making timely monthly payments on his debts. Applicant has rebutted or mitigated the security concerns under financial considerations. Clearance is granted. CASE NO: 09-07595.h1


Financial Considerations

03/17/2011

Applicant has a judgment and 11 charged-off accounts or accounts placed for collection, which totaled approximately $26,000. There is no documentation showing the accounts have been paid or that repayment plans have been established. Additionally, he failed to list his 2000 felony conviction when he completed a Questionnaire for Sensitive Positions in August 2008. Applicant has failed to rebut or mitigate the security concerns under financial considerations and personal conduct. Clearance is denied. CASE NO: 08-11458.h1


Financial

03/16/2011

Applicant is 33 years old and employed in the Forensic Laboratory Department by a defense contractor. Her excessive indebtedness, primarily caused by the downturn in the economy, remains owing and has not been resolved. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-01463.h1


Criminal Conduct; Personal Conduct

03/16/2011

Applicant has mitigated the security concerns under the above guidelines. The record evidence does not persuade me that Applicant was involved with illegal drugs while he was a contractor. He has held a security clearance for eight years without incident. He admits and regrets his extra marital affair with a foreign national in 2008. He has disclosed the affair to his employer and in detail on his latest security clearance application. He does not maintain contact with the foreign national. Clearance is granted. CASE NO: 09-08198.h1


Financial

03/15/2011

Applicant acquired student loans in 1991, 1992, and 1993 to finance his undergraduate and graduate education. He made his first payment on the loans in 2007, and his earnings are now being garnished to pay for his aggregate student loan debt of approximately $86,000. Applicant failed to mitigate security concerns under the Financial Considerations adjudicative guideline. Eligibility for a security clearance is denied. CASE NO: 10-00029.h1


Financial Considerations

03/15/2011

Applicant accrued several defaults with his student loan debts. He has since addressed and cured the defaults and is current with all of his reported debts. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 09-08065.h1


Financial Considerations

03/15/2011

Thirty-year-old Applicant's financial situation started to deteriorate when her mother was diagnosed with a terminal illness in 1999 and her stepfather abandoned the family in 2000. At the age of 20, Applicant supported her mother and two younger sisters. With a substantial portion of her income dedicated to their support, Applicant was unable to address her own accounts, and they became delinquent. Some accounts were placed for collection, some were charged off, and some became adverse judgments. With the exception of three SOR accounts, the remaining 21 accounts are still in a delinquent status. Although she has been gainfully employed since October 2006, Applicant offered little documentary evidence of current, good-faith efforts to pay her creditors. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied. CASE NO: 09-05187.h1


Financial

03/14/2011

Applicant is 23 years old and employed as an Aircraft Mechanic by a defense contractor. Her financial indebtedness, caused mainly by delinquent student loans, has not been resolved, and there is no evidence showing that she has acted responsible under the circumstances. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-03035.h1


Financial

03/14/2011

Applicant works for a defense contractor. He has six delinquent debts totaling $82,636, including a $70,150 federal tax debt, listed in the Statement of Reasons. Applicant's actions to resolve these debts consist of a Chapter 7 bankruptcy discharge that included the five non-tax debts and over $332,000 in other debts, plus filing a Chapter 13 bankruptcy in order to execute an installment payment agreement to resolve his federal income tax debt. Applicant's financial problems have been ongoing since 1998, when he filed his first bankruptcy. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 10-00965.h1


Alcohol Consumption; Criminal Conduct

03/14/2011

Applicant was arrested three times for DUI in 2006, 2007, and 2008. Since his last arrest, he successfully completed a substance abuse course and regularly attends Alcoholics Anonymous. He has been sober for over two years and has made significant lifestyle changes consistent with a life of sobriety. Applicant has a strong support system in place and has received a favorable prognosis from a neuropsychologist specializing in substance abuse. Clearance is granted.


Guideline F

03/14/2011

Applicant failed to rebut the presumption that the Judge was unbiased. The Judge’s material findings were based upon substantial record evidence. Adverse decision affirmed. CASE NO: 09-05554.a1


Guideline B

03/14/2011

Applicant failed to mitigate security concerns arising from his family connections to Russia, in light of Russia’s status as an aggressive collector of U.S. intelligence. Adverse decision affirmed. CASE NO: 08-09346.a1


Financial

03/11/2011

Applicant is a 47-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: 10-02992.h1


Guideline B; Guideline C

03/11/2011

The favorable evidence cited by Applicant is not sufficient to demonstrate the Judge’s adverse security clearance decision is arbitrary capricious or contrary to law. Adverse decision affirmed.


Guideline D; Guideline E

03/11/2011

Interrogatory questions alone are not evidence. The questions are considered for giving context to the answers, which are evidence. Applicant’s inconsistent statements regarding his viewing of child pornography, and his encounters with child prostitutes undermine the Judge’s favorable application of mitigating conditions. Favorable decision reversed.


Foreign Influence; Foreign Preference.

03/09/2011

Applicant is 27 years old. As a boy, he emigrated from the Netherlands to the United States, and is a naturalized U.S. citizen. His Dutch passport is expired and he is willing to renounce his Dutch citizenship. His wife is a citizen of Taiwan and a permanent resident of the United States. He is sponsoring her for U.S. citizenship and she will be eligible in nine months. She has relatives in Taiwan. They have traveled to Taiwan to visit relatives and the People's Republic of China as tourists. Through their studies they met people from the People's Republic of China. Applicant mitigated the security concerns under Guideline B, Foreign Influence, and Guideline C, Foreign Preference. Clearance is granted. CASE NO: 10-08875.h1


Personal Conduct; Sexual Behavior

03/09/2011

Applicant is 60 years old. In February 2001, he honorably retired from the U.S. Army with more than 37 years of commendable service. Subsequent to retiring, he formed a company that provides support services to the Army. He has held a security clearance for 35 years. In 2009, the Army's law enforcement division investigated him for allegations of sexual misconduct involving four women employees. Later that year, the Commanding Officer rescinded his access privileges to the base based on the Army's findings. Although those privileges have recently been reinstated, conditioned on good behavior, Applicant did not provide sufficient evidence to mitigate the security concerns arising under Guideline E and Guideline D. Eligibility for a security clearance is denied. CASE NO: 10-00362.h1


Financial

03/09/2011

Applicant's debts arose from circumstances beyond his control. Despite still having significant unresolved delinquent debts, Applicant's proactive and detailed efforts to resolve his financial problems two years before he applied for a clearance are sufficient to mitigate the security concerns about his financial problems. Clearance is granted. CASE NO: 09-08115.h1


Foreign Influence; Financial

03/09/2011

Applicant mitigated the foreign influence security concern posed by his foreign relatives, and the financial considerations security concern generated by his history of financial difficulties. Clearance is granted. CASE NO: 09-07467.h1


Personal Conduct

03/09/2011

Applicant's immaturity led to his questionable behavior. He was forthcoming and candid during the security clearance process. He received training about ethical behavior dealing with information technology and the handling of classified and proprietary information. He expressed sincere remorse for his past questionable behavior and understands that it could adversely impact on his ability to hold a security clearance. He has matured into a good husband and responsible employee. His questionable behavior is not recent, it is unlikely to recur, and it does not cast doubt on Applicant's current judgment, reliability, and trustworthiness. Applicant mitigated security concerns under Guideline E. CASE NO: 09-07352.h1


Financial

03/09/2011

Applicant accrued more than $60,000 in tax debt from 2004 until 2008 because he claimed tax exempt status to have more cash in his paycheck. However, since 1988, he has accrued significant personal debt, despite filing for bankruptcy protection three times. Applicant's claims of unforeseen or uncontrollable circumstances are not sufficient to mitigate the security concerns about his poor financial history and his remaining unpaid debts. Clearance is denied. CASE NO: 09-06868.h1


Financial; Personal Conduct

03/09/2011

Applicant works for a defense contractor. He has delinquent debts totaling $21,193 from credit cards and other debts dating from 2004. Applicant did not provide any evidence that he resolved or paid those debts. Applicant did not mitigate the financial security concern. Applicant has a record of employment terminations since 1983 for unsatisfactory performance and personality conflicts. Applicant intentionally failed to disclose a tax lien, a credit card judgment, and a 2004 job termination on his SF-86. Clearance is denied. CASE NO: 09-06691.h1


Financial

03/09/2011

Applicant did not mitigate the security concerns raised by his financial irresponsibility in buying a home with 100% financing when he had no job, and failed to corroborate his claimed action to address the delinquent debt from the foreclosed mortgages. Clearance denied.


Financial

03/09/2011

Applicant filed a Chapter 13 bankruptcy in 2002. It was dismissed in 2004. He filed a second Chapter 13 bankruptcy, which was dismissed in 2009. He is responsible for 13 unresolved financial delinquencies, and he failed to demonstrate that he could resolve his delinquent debts and avoid financial delinquency in the future. Applicant failed to mitigate security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-05556.h1


Finances

03/09/2011

Applicant accumulated delinquent mortgage debts on the home he purchased due to a combination of lost family income and a severe downturn that prevented him from selling the property on the open market for a price the equal or above what he paid for the residence. Unable to arrange a short sale of his home, he and his wife vacated the home and accepted the lender's foreclosure of the residence. Only the foreclosing first trust deed holder was made whole by the public sale of the property. Because the second and third trust deed holders lost their security in the first trust deed holder's foreclosure of the property, they hold only deficiency rights and have no retained security in the property. Applicant currently remains at risk to deficiency liability to both the second and third trust deed holders, and fails to mitgate security risks associated with his potential deficiency liability. Clearance is denied. CASE NO: 09-05161.h1


Alcohol Consumption, Drug Involvement; Financial; Personal Conduct

03/09/2011

Applicant has not mitigated the security concerns under the above guidelines. He is currently on probation for a September 2008 DWI; he has unresolved delinquent debts; and his last use of cocaine was in 2005 after a 14-year-history of use. He falsified his security clearance application by not disclosing his delinquent debts. Clearance is denied. CASE NO: 09-03523.h1


Guideline J; Guideline E; Guideline F

03/09/2011

In 2006-7, Applicant stole approximately $8,000 of goods from her employer. The record as a whole does not demonstrate that this conduct has been mitigated. Favorable decision reversed.


Criminal Conduct; Alcohol

03/09/2011

Applicant was involved in 11 instances of criminal conduct between June 1979 and December 2009, including three instances of driving under the influence. He is still on probation imposed after his last DUI conviction in January 2010. Clearance is denied. CASE NO: 09-01703.h1


Guideline F; Guideline E

03/09/2011

A party’s disagreement with the judge’s weighing of the evidence is not sufficient to demonstrate that the Judge erred. Adverse decision affirmed.


Guideline B; Guideline F

03/08/2011

Applicant’s contacts with Russia, to include his having previously been married to a Russian national whom he suspected of involvement with organized crime, and his four bankruptcy actions undermine the Judge’s favorable security clearance decision. Given the record evidence of security concern, Applicant’s evidence was insufficient to meet his burden of persuasion as to mitigation. Favorable decision reversed. CASE NO: 09-06831.a1


Financial

03/08/2011

The Applicant has not mitigated the security significance of his past due indebtedness. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 09-06206.h1


Guideline F

03/08/2011

The Judge is not obligated to make inquiries of Applicant or otherwise assist Applicant in presenting his case for mitigation. Furthermore, although there is reason to believe that Applicant submitted evidence that was not made part of the record, this error is harmless. Adverse decision affirmed. CASE NO: 09-02646.a1


Financial

03/07/2011

Applicant purchased land to build a home. Expenses quickly rose beyond his expected budget. He cancelled the project. He then suffered a stroke requiring four months off from work. Applicant sought to resolve his debts by working a second job, until his stroke prevented that option. He retained a debt resolution company and has maintained a payment plan for most of his debts. He pays several debts through independent payment plans. Applicant's efforts to meet his obligations demonstrate reliability and a mature response to unexpected events. Applicant's debts stem from efforts to pay for standard living and medical expenses, and are unrelated to drug or alcohol abuse, gambling, or frivolous spending. His trustworthiness is not at issue. Clearance is granted. CASE NO: 10-05180.h1 DATE: 03/07/2011


Personal Conduct; Financial

03/07/2011

Applicant is a 33-year-old employee of a defense contractor. She mitigated Financial Considerations trustworthiness concerns. However, she provided intentionally false answers on her Questionnaire for Public Trust Positions, to an investigator from the Office of Personnel Management, in her response to the Statement of Reasons, and during her testimony at her hearing. Eligibility for access to sensitive information is denied. CASE NO: 10-04169.h1


Drug Involvement

03/07/2011

Applicant used marijuana, an inhalant, a hallucinogen, and a stimulant at various times while in school between about 2002 and 2009. After college graduation, he found a job in June 2009, was granted an interim security clearance in October 2009, and used a hallucinogen in November 2009. While Applicant's many rehabilitative efforts help mitigate his school-time drug use, less than 16 months of living drug-free under these circumstances is insufficient to mitigate security concerns. Clearance is denied. CASE NO: 10-03232.h1


Financial

03/07/2011

Applicant was delinquent on 33 debts. She paid one debt, brought current the largest balance debts, and committed to pay the remaining debt. Applicant provided sufficient evidence to mitigate the overall security concerns related to her finances. Eligibility for access to classified information is granted. CASE NO: 10-01972.h1


Financial

03/07/2011

Applicant is a 40-year-old employee of a defense contractor. She left a stable job seeking greater advancement at a national beverage chain. The country-wide economic slowdown affected the national chain. It downsized, closed stores, and laid people off. The store manager position she hoped to obtain never materialized. She was unable to pay her debts on her reduced salary. She accepted a job with a defense contractor in another state close to her family. She filed bankruptcy to address her debts. She has mitigated Financial Considerations security concerns. CASE NO: 10-01967.h1


Financial Considerations, Personal Conduct

03/07/2011

Applicant abandoned his first home after relocating, purchasing another home, and finding long-distance management of the first home difficult. The home went to foreclosure while other debts were acquired. In sum, he has incurred about $300,000 in unaddressed delinquent debt, none of which he noted in his security clearance application. Based on the scant information provided, financial considerations and personal conduct security concerns remain unmitigated. Clearance is denied. CASE NO: 10-01715.h1


Drugs; Personal Conduct

03/07/2011

Applicant has not mitigated the security significance of his drug involvement and related personal conduct. Clearance is denied. CASE NO: 09-07759.h1


Financial: Personal Conduct

03/07/2011

Applicant acquired 22 debts, totaling over $30,000 that became delinquent and have not been resolved for many years. He presented little documentary evidence of payments or good-faith efforts to resolve them before 2010. He failed to establish financial responsibility in the acquisition of the debts, good-faith efforts to resolve the debts, or a current track record of financial responsibility. Moreover, he deliberately failed to disclose his delinquent debts in his security clearance application. Clearance denied. CASE NO: 09-07531.h1


Financial

03/03/2011

Applicant is a 54-year-old employee of a federal contractor. The evidence shows he has a history of financial problems or difficulties, which are ongoing. His history includes two Chapter 7 bankruptcy cases resulting in discharge, back taxes, tax liens, non-filing of state and federal income tax returns for several years, and delinquent debts. Applicant did not present sufficient evidence to mitigate the security concerns stemming from his history of financial problems. Clearance is denied. CASE NO: 10-02304.h1


Guideline F

03/03/2011

Applicant failed to demonstrate that an error in the transcript resulted in a factual or legal error by the Judge. Adverse decision affirmed. CASE NO: 10-01727.a1


Guideline G; Guideline J

03/03/2011

Applicant failed to rebut the presumption that the Judge was impartial. Judge’s finding concerning the timing of Applicant’s diagnosis of alcohol dependence was harmful error. Adverse decision remanded. CASE NO: 10-00827.a1


Personal Conduct; Sexual Behavior; Financial

03/03/2011

Applicant sexually assaulted his two sisters, three cousins, and the six-year-old daughter of friends over several years. He was reported to police for Serious Domestic Assault of his estranged wife. He incurred over $34,500 in delinquent debts over the past six years, with no evidence of payment toward, or other resolution of, any of those debts. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 09-08575.h1


Financial

03/03/2011

Applicant accrued more than $60,000 in unpaid student loans that are now delinquent. Although he is in a loan rehabilitation program that addresses about half of his student loan debt, there is insufficient information to conclude that he will be able to complete the program. He has not addressed any of his other debts, including those easily payable over the past two years. Applicant has not mitigated the security concerns about his finances. Clearance is denied. CASE NO: 09-06505.h1


Guideline H; Guideline E

03/03/2011

Applicant failed to rebut security concerns arising from his positive urine test for cocaine. Adverse decision affirmed. CASE NO: 09-06401.a1


Personal Conduct; Drug Involvement

03/03/2011

Sixty-four-year-old Applicant has a 10-year history of drug involvement, supposedly to handle the stress of family problems and a divorce while she held a security clearance with access to SCI. She failed to comply with both the prohibition of drug use and the requirement that any such use be reported. When questioned about drug involvement, she lied. When offered opportunities to be candid, she furnished several different explanations for her actions, two of which stand out: (1) she did not report her drug use because she did not consider it to be "habitual" and she thought she might "get into trouble"; and (2), she admitted her false response in her SF 86 was deliberate. With over four years of abstinence, her drug involvement is mitigated. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied. CASE NO: 09-02712.h1


Financial

03/02/2011

Applicant is 29 years old. She has delinquent debts that have not been paid or resolved. Applicant failed to mitigate the security concerns under Guideline F. Clearance is denied. CASE NO: 10-05439.h1


Mental; Sexual Behavior

03/02/2011

Applicant has not mitigated the security significance of his sexual behavior and the finding by a DoD psychiatric consultant that he suffers from a personality disorder which may effect his judgment, reliability or trustworthiness. Clearance is denied. CASE NO: 07-17134.h1


Guideline F; Guideline E

03/01/2011

Applicant did not corroborate her claim to have paid off a significant debt. many of her debts were paid off only after having been reduced to judgment. The consent judgment against her was not consistent with her claim that she did not owe the debt in question. The record did not support the Judge’s conclusion that Applicant honestly forgot information concerning her financial situation in answering the questions on the application. Favorable decision reversed. CASE NO: 09-07551.a1


Guideline E

03/01/2011

A Security Clearance Decision Statement is an official record that is admissible under the Directive without an authenticating witness. DoD Reports of Investigation require authentication, although in this case Applicant stipulated to the documents’ authenticity. Adverse decision affirmed. CASE NO: 08-06997.a1


Financial

02/28/2011

Applicant's failure to address nearly $53,000 in delinquent debt demonstrates financial irresponsibility and renders him an unsuitable candidate for access to sensitive information. Eligibility for ADP position denied.


Personal Conduct; Financial

02/28/2011

Applicant is a 45-year-old employee of a defense contractor. The evidence did not establish Personal Conduct security concerns. She did not provide sufficient evidence to mitigate the Financial Considerations security concerns raised by her history of delinquent debts. Clearance is denied. CASE NO: 10-02616.h1


Personal Conduct

02/28/2011

Applicant failed to mitigate security concerns arising under the Personal Conduct adjudicative guideline. Clearance is denied. CASE NO: 10-02011.h1


Foreign Preference; Foreign Influence

02/28/2011

Applicant was born in Greece of a Greek father and an American mother. After his father died, his mother and the family moved to the United States in 1955. Applicant completed his education, including law school, in the United States. He served on active duty as an officer in the United States Coast Guard for three years. He practiced law in the United States for 20 years. In 1992, he organized a U.S.-based freight forwarding company, in which he owns a 50% interest, and a Greece-based freight forwarding company, in which he originally owned a one-third interest but now owns a one-sixth interest. He has held contracts with the Greek government since 1994 for shipment of military supplies and equipment from the United States to Greece. He inherited a house in Greece from his grandmother in 1964 and some agricultural land in Greece from his father in 1974. He had a Greek passport, but he surrendered it and obtained a Greek identity card, which is available only to Greek citizens but confers no other benefits other than to identify the bearer as a Greek citizen. Security concerns based on foreign preference and foreign influence are mitigated. Clearance is granted. CASE NO: 10-01840.h1


Foreign Preference; Foreign Influence

02/28/2011

Applicant holds dual citizenship with Brazil and the United States, maintains an active Brazilian passport, uses his Brazilian passport in lieu of his U.S. passport when traveling to Brazil, and votes in Brazilian presidential elections. He has relatives in Brazil with whom he maintains frequent contact and has industrial and residential property in Brazil. Applicant successfully mitigated foreign influence concerns, but was unable to mitigate foreign preference concerns. Clearance is denied.


Financial Considerations

02/28/2011

Applicant accumulated federal tax liens covering many years of past tax deficiencies, along with significant consumer debts, while operating a thinly capitalized software consulting firm. Applicant discharged his consumer debts in a Chapter 7 bankruptcy in 2007, and managed to pay off tax debts covered by one of his tax liens. But he still has over $89,000 in federal tax liabilities that continue to accumulate interest and penalties. He has an approved installment agreement with the IRS, and has made $300 monthly payments since March 2010. Applicant's corrective steps to address his finances are encouraging and reflect progress toward regaining financial control. A stronger track record of payments on his installment agreement is required, however, before the Government's financial concerns can be mitigated. Clearance is denied. CASE NO: 10-01388.h1


Financial

02/28/2011

Applicant is a 26-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: 10-00983.h1


Foreign Influence

02/28/2011

Applicant is 27 years old and is employed by a defense contractor. Applicant was born in the United States to Liberian parents who later became U.S. citizens. Applicant has not been in Liberia since she was seven years old in 1990. Her parents returned to Liberia in 2008 to live and work. Applicant has no connection to Liberia, except the presence of her parents there. Liberia is not an economic or military threat to the United States. Clearance is granted. CASE NO: 10-00911.h1


Financial

02/28/2011

Applicant failed to mitigate the security concerns about his finances. Since 2000, he has accrued at least $40,000 in delinquent debt. He has not acted to resolve his debts or to improve his personal financial condition despite being interviewed about his finances in 2003 and claiming at that time he would begin paying them off. Clearance is denied. CASE NO: 10-00831.h1


Financial

02/28/2011

Applicant accumulated more than $23,000 in delinquent debt over the past four years. He offered no evidence of unusual circumstances or conditions beyond his control that caused this debt. Nor did he demonstrate arrangements to repay the debt, or the willingness or ability to avoid future financial irresponsibility. Resulting security concerns were not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-00811.h1


Foreign Preference

02/28/2011

Applicant, who was born and raised in the United States, obtained French citizenship while employed in France as a professional athlete until 2006. He has not lived in France or exercised his French citizenship since then. He has no ongoing reason to pursue his status as a French citizen. Applicant has mitigated the security concerns about possible foreign preference. Clearance is granted. CASE NO: 10-00357.h1


Financial, Personal Conduct

02/28/2011

The Statement of Reasons alleges delinquent debts amounting to more than $30,000, including unpaid state taxes. Applicant made inconsistent attempts to pay his debts, accrued since the 1990s. He has not shown a track record of meeting financial obligations. In addition, he failed to list his delinquencies or a resignation on applications submitted to the government. Clearance is denied. CASE NO: 09-08451.h1


Alcohol

02/28/2011

Applicant was arrested for driving under the influence in May 1974, October 1977, March 1984, September 2007, and April 2009. He completed six weeks of treatment in August 2009 and was diagnosed as alcohol dependent, but the record does not reflect that the diagnosis was made by a qualified medical professional or the equivalent of a licensed clinical social worker. He stopped drinking in May 2010 and began attending Alcoholics Anonymous meetings in August 2010. Insufficient time has passed to mitigate security concerns based on alcohol consumption. Clearance is denied. CASE NO: 09-08410.h1


Financial Considerations

02/28/2011

Applicant accrued two delinquent debts during recurrent periods of unemployment and underemployment. Applicant is currently employed and has addressed both debts responsibly. She has set aside funds to pay off her delinquent credit card account. And, she documents the curing her student loan default and her restoration of the account into rehabilitation status. She is well regarded by her CEO, recruiter, and co- workers and is current with all of her other debts. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 09-08325.h1


Financial

02/28/2011

Applicant's statement of reasons (SOR) lists nine debts totaling $39,611. He did not provide proof of any payments to his SOR creditors. He failed to make sufficient progress in resolving his SOR debts, and financial considerations concerns are not mitigated at this time. Eligibility for access to classified information is denied.


Financial

02/28/2011

Applicant is a 39-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: 09-07792.h1


Financial

02/28/2011

Applicant accumulated over $30,000 of delinquent debt since in 2003, much of which is the result of his gambling habits. Although he has resolved or paid about half of that amount through a debt repayment plan that he entered in early 2008, he failed to demonstrate sufficient financial rehabilitation to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial Considerations; Criminal Conduct

02/28/2011

Thirty-three-year-old Applicant's debts were discharged under Chapter 7 of the U.S. Bankruptcy Code in 2004. Two years later, financial problems occurred again, this time associated with lengthy periods of unemployment (December 2006 February 2008) and underemployment (September 2008 December 2008). He failed to keep up with his monthly payments, and accounts were placed for collection or charged off. In 2007, Applicant forged his father's name on $500 - $600 worth of checks and was charged with felony theft, reduced to attempted forgery due to his father's intervention. Applicant attributed his financial situation initially to his youthful financial irresponsibility and fiscal mismanagement, and subsequently to insufficient money arising from his unemployment. The record is silent as to why Applicant's delinquent accounts largely remained unaddressed by him after he secured his current employment in April 2009, and he did not start paying off his delinquent debts. He offered little documentary evidence of current, good-faith efforts to pay his creditors other than promises. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 09-07689.h1


Financial

02/28/2011

Applicant owes almost $50,000 in debt. After adding $42,300 for unpaid spousal support for 33 out of 36 months, Applicant owes approximately $92,300 in delinquent debt. He has taken no steps to satisfy any of the debts. Applicant has failed to meet his burden of demonstrating he warrants a security clearance. Eligibility for access to classified information is denied.


Guideline H; Guideline F

02/28/2011

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


Foreign Preference; Foreign Influence

02/28/2011

Applicant's father, father-in-law, and mother-in-law are citizens and residents of Brazil. His wife is a citizen of Brazil and a U.S. resident alien. Her stepfather serves in the Brazilian military. In 2006, Applicant, a naturalized U.S. citizen, voted in Brazil's Presidential election. In 2009, he provided technical assistance on an architectural matter to a unit of the Brazilian military in the United States. Applicant failed to mitigate security concerns under Adjudicative Guidelines C and B. Clearance is denied. CASE NO: 09-06971. h1 DATE: 02/28/2011


Financial

02/28/2011

Applicant's financial problems were caused by his unemployment and underemployment. His statement of reasons (SOR) lists 10 debts totaling $16,745. Approximately $13,500 of his SOR debts relate to two student loans. Applicant paid six SOR debts, established a payment plan on one debt, and intends to establish a payment plan on one debt. He disputes two SOR debts. Applicant has a viable plan to resolve all SOR debts. In the last two years, he reduced his delinquent debt by about $7,000. Financial considerations are mitigated. Eligibility for access to classified information is granted.


Personal Conduct

02/28/2011

Applicant was charged with possession of marijuana in 1973, being drunk in public in November 1982, driving while intoxicated in March 1988, driving while impaired in November 1988, and driving under the influence in June 1997. He was charged with assault and battery after a loud argument with his mentally disturbed girlfriend in December 2000. During the security clearance process he voluntarily disclosed a one- time use of cocaine in September 2004. He has worked for federal contractors and held a clearance many years. He has mitigated the security concerns by his conduct and work performance since September 2004. Clearance is granted. CASE NO: 09-06643.h1


Financial Considerations

02/28/2011

Thirty-two-year-old Applicant's financial situation started to deteriorate after his discharge from active duty in 2005 because of a medical condition and his loss of health insurance. He also had a relatively brief period of unemployment in early 2009. The record is silent as to why he failed to address his delinquent accounts, totaling approximately $21,521, after June 2009; why with a substantial inventory of motor vehicles and several thousand dollars in the bank; and with $4,682.39 available for discretionary spending each month, he did not start paying off his delinquent debts. Likewise, he did not explain why he failed to reduce his expenses for cable television service, satellite television service, or jewelry and cameras. He offered little documentary evidence of current, good-faith efforts to pay his creditors other than promises. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 09-06545.h1


Foreign Influence; Foreign Preference

02/28/2011

Applicant's mother, father-in-law, and mother-in-law are citizens and residents of Taiwan. Applicant has close familial contacts and ties with his mother and in-laws in Taiwan. He travels to Taiwan often to visit his widowed mother. In 2008, Applicant, a naturalized U.S. citizen, voted in Taiwan's Presidential election. Applicant failed to mitigate security concerns under Adjudicative Guidelines B and C. Clearance is denied. CASE NO: 09-06543. h1 DATE: 02/28/2011


Financial

02/28/2011

Applicant's failure to file his state and federal income tax returns as required and his failure to address over $54,000 in delinquent debt render him an unsuitable candidate for access to classified information. Clearance denied.


Financial

02/28/2011

Applicant stopped paying rent to a former landlord after he had to break his lease. His truck loan, a consumer credit account for electronic equipment, and several medical debts became delinquent due to the seasonal nature of his employment and his eventual layoff in December 2008. As of February 2010, he owed around $21,436.17 in past due debt. He began repaying his debts in August 2009, and has since paid in full or settled the remaining balances. Clearance granted. CASE NO: 09-06353.h1


Foreign Influence

02/28/2011

Applicant mitigated the foreign influence security concern posed by his relatives who are Venezuelan citizens and/or residents. Clearance is granted. CASE NO: 09-06296.h1


Financial

02/28/2011

Applicant and his wife bought a home in March 2006, while both were employed. His wife suffered a series of medical and employment set-backs, resulting in the SOR- listed delinquencies. They paid one minor debt, and made good-faith efforts to negotiate resolution of the other three. Each has now been resolved or is being repaid under agreements entered in 2009. He 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: 09-05403.h1


Financial; Personal Conduct; Criminal Conduct

02/28/2011

Applicant fell behind in some financial obligations due to unemployment and low income when she was working. As of January 2010, several consumer credit accounts were seriously delinquent, and she owed a deficiency balance on a loan for a timeshare that went to foreclosure. She has begun repaying her debts. But personal conduct and criminal conduct concerns persist because of a March 2007 larceny offense and her failure to disclose the larceny arrest and delinquent debts when she completed her security clearance application in March 2009. Clearance denied. CASE NO: 09-05353.h1


Foreign Influence; Personal Conduct

02/28/2011

Applicant has not mitigated the security significance of his relatives who live in Pakistan. He also falsified a government questionnaire. Clearance is denied. CASE NO: 09-05160.h1


Drugs; Personal Conduct

02/28/2011

Applicant with continuous and recurrent use of marijuana and other illegal drugs contemporaneously declined to commit to drug avoidance in the future. His recurrent drug use over an extended period exhibited judgment lapses that are separately covered by the personal conduct guideline. Applicant fails to mitigate security concerns under both the drug and personal conduct guidelines. Clearance is denied. CASE NO: 09-05060.h1


Finances

02/28/2011

Applicant's restaurant experienced financial difficulties shortly after her husband suffered his own professional set-backs. She sold her restaurant and resorted to assembly line work to generate an income. She showed that some of the debts attributed to her were debts independently incurred by her husband. She also showed that she has been actively addressing her tax debts with the aim of addressing her remaining debts when they are settled. Applicant recently satisfied her federal tax balance and is now applying payments formerly made to the federal government to the remainder of her debts. Sufficient evidence was presented to mitigate financial considerations security concerns. Clearance granted. CASE NO: 09-04794.h1


Financial; Personal Conduct

02/28/2011

Applicant works for a defense contractor. She has 54 delinquent debts. She is paying some of them after judgments and garnishment actions were entered against her. The remaining $49,037 in debts are not being paid. Applicant has a history of poor judgment and untrustworthiness in the workplace. She did not mitigate the financial considerations and personal conduct security concerns. Clearance is denied. CASE NO: 09-04601.h1


Financial, Personal Conduct

02/28/2011

Applicant is 53 years old. He has a 2005 federal income tax lien that he did not address until his security clearance became an issue. He has other debts that are unresolved. He intentionally failed to list on his security clearance application that he was terminated from a job and he had delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-03397.h1


Financial

02/28/2011

Applicant and his wife encountered major medical issues in 2004 and petitioned for Chapter 7 bankruptcy relief in 2004 (discharged). Due to recurrent medical issues, layoffs, and unemployment covering Applicant over the ensuing four years, Applicant and his wife again became delinquent in their debts (some medical-related), and petitioned for Chapter 13 relief in March 2010. Applicant's plan was approved in September 2010, and he has a consistent payment record with the trustee of about four months. He demonstrates good prospects for completing his plan, with both he and his wife fully employed and physically able to work. Applicant is well regarded by his supervisor and co- workers and is current with all of his other debts. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 09-03064.h1


Personal Conduct

02/28/2011

Applicant is 51 years old. He served in the Army for 29 years and was involved in combat operations three times. He was diagnosed with Post Traumatic Stress Disorder. He was charged under the Uniform Code of Military Justice with various offenses that involved the care of his daughter. Applicant admitted his house was unhygienic and he failed to register his daughter in school. Applicant has been treated for his condition. He has successfully mitigated the security concerns raised under the Personal Conduct Guideline. Clearance is granted. CASE NO: 09-03059.h1


Information Technology; Alcohol; Security Violations

02/28/2011

Applicant was convicted of Driving Under the Influence in 1996 and 2008. He connected classified work stations to an unclassified network in violation of company policies and security regulations in 2006 and 2007. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 09-02659.h1


Financial

02/28/2011

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant has recently started to address his delinquent debts of approximately $20,000. He is on the right track but he has not met his burden in the case. Clearance denied.


Finances

02/28/2011

After being medically discharged from the military, Applicant acquired some debts due to underemployment and marital separation. With a recent rise in salary, he has become able to address his delinquent debt. He is using a methodical and reasonable plan to satisfy his debt effectively. Sufficient evidence was presented to mitigate financial considerations security concerns. Clearance granted. CASE NO: 08-11887.h1


Personal Conduct

02/28/2011

Applicant is a 48-year-old employee of a federal contractor. She was in a troubled marriage that ended in divorce in 1998. The evidence also shows that during 1994 2008, she was involved in numerous incidents indicative of questionable judgment. The incidents include domestic disputes with her husband. There were alcohol-related incidents such as drunk driving. And there were incidents where she engaged in self-inflicted injury and attempted suicide by hanging. She has been under the care of a psychiatrist since 1994, and she has been hospitalized, for brief periods, for mental-health reasons four times since 1994, the last occurring in 2002. Her psychiatrist is of the opinion that Applicant now suffers from chronic depression, which has essentially been in remission for the last several years. The psychiatrist is also of the opinion that her judgment is now sound and her prognosis is good. Even though Applicant presented substantial evidence of mitigation, it is outweighed by a long-term pattern of behavior that is indicative of questionable judgment. Given that the last incident took place less than three years ago in 2008, it is too soon to tell if this part of Applicant's life is safely in the past or will recur yet again. Clearance is denied. CASE NO: 08-04806.h1


Financial Considerations; Personal Conduct

02/25/2011

Thirty-nine-year-old Applicant's financial situation started to deteriorate in November 2007, several months after he had been laid off. Both Applicant and his wife went through varying periods of unemployment from July 2007 until September 2009. Applicant attributed his financial difficulties to the reduction in family income, related to unemployment and reduced salaries, as well as unexpected medical expenses. He fell behind in his monthly payments, and several accounts were placed for collection or charged off. Although he has $400-$500 available each month for discretionary spending, his debts have remained in a delinquent status because Applicant ignored certain creditors for unspecified reasons or because the accounts were not a priority. He offered little documentary evidence of current, good-faith efforts to pay his creditors other than promises. Substantial questions and doubts as to his security eligibility and suitability remain. Clearance is denied. CASE NO: 10-03703.h1


Financial

02/25/2011

Thirty-two-year-old Applicant's financial situation started to deteriorate in 2006, and his delinquencies were the unfortunate consequence of a devastated economy, a local housing market, as well as unanticipated medical expenses. He was unable to sustain himself as a realtor because of the rising gasoline prices, the absence of qualified buyers, and the stagnant real estate market. Nevertheless, he addressed the situation and took additional part-time jobs as well as a new permanent position. He did not turn his back on his creditors. Instead, he has paid off or settled, or otherwise resolved accounts with several creditors, including some non-SOR creditors, and is currently active with repayment plans for the remaining creditors. Substantial questions and doubts as to his security eligibility and suitability no longer remain. Clearance is granted. CASE NO: 10-03240.h1


Foreign Influence

02/25/2011

Applicant was born and raised in Afghanistan. She fled the country with her four children in 1999. She has lived in the United States since 1999 and is a naturalized U.S. citizen. She has remarried and lives with her U.S. husband and her four U.S. children. Her father and stepmother are citizens of and reside in Afghanistan. She has three brothers and sisters and half-brothers and half-sisters who also reside in Afghanistan. She has no contact with them. Applicant served as a linguist for the U.S. Army in 2008 and 2009. After weighing all the factors and security concerns in this case, Applicant has mitigated the security concerns for foreign influence. Eligibility for a security clearance is granted. CASE NO: 10-00907.h1


Financial

2/25/2011

Applicant has had a history of overdue debts due to poor money management, and, in part, due to periods of unemployment. He has resolved all of his overdue debt through the legal remedy of bankruptcy. His current financial situation has stabilized. Mitigation has been shown. Clearance is granted.


Guideline F

02/25/2011

Given the Judge’s application of the disqualifying conditions and the implicit ascribing of responsibility for the debts to Applicant, the Judge could not logically apply the mitigating conditions in light of Applicant’s continued and uncorroborated denial of responsibility for the debts. Favorable decision reversed.


Personal Conduct; Criminal Conduct

02/25/2011

Applicant is 27 years old. She intentionally failed to disclose her past illegal drug use on two security clearance applications and provided false information during a security interview with an authorized investigator and in an affidavit. Her intentional omissions and falsification are criminal violations. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-06652.h1


Financial

02/25/2011

Applicant is 60 years old. He owes approximately $45,000 in delinquent debt. He refuses to pay a judgment against him. He disputes other debts, but did not provide evidence of actions to resolve them. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 09-06075.h1


Foreign Preference; Foreign Influence; Personal Conduct

02/25/2011

Applicant obtained a "Persons of Indian Origin" (PIO) card from the Indian embassy after becoming U.S. citizen. He uses the PIO card in lieu of a visa because it allows unlimited travel to and from India. His brother is a citizen and resident of India. His mother is a resident alien of the United States but spends several months a year in India. Applicant owns a 50% interest in an Indian company. He and his mother jointly own an apartment in India. He maintains a small bank account in India to facilitate his business trips to India. He stated on his security clearance application that his Indian passport expired in May 2005, because he believed it was invalidated when he became a U.S. citizen. Security concerns based on foreign preference and personal conduct are mitigated, but security concerns based on foreign influence are not mitigated. Clearance is denied. CASE NO: 09-04706.h1


Personal Conduct and Foreign Influence

02/25/2011

Applicant has failed to mitigate the Personal Conduct security concerns raised by his intentional omissions on several occasions regarding his 1994 interaction with Vietnamese government officials. Eligibility for access to classified information is denied. CASE NO: 09-03448.h1


Guideline F; Guideline E

02/25/2011

Applicant’s appeal brief does not rebut the presumption that the Judge fairly considered all the evidence. Adverse decision affirmed


Mental

02/25/2011

Applicant served 18 months in juvenile detention for arson. After release from detention, she underwent six months of psychological counseling, and she was diagnosed with pyromania and dysthymic disorder (chronic depression). She, in consultation with her parents, decided not to continue counseling and not to continue taking medication for depression because of its side effects. Evaluations by three psychologists and a psychiatrist in connection with her application for a public trust position were conflicting. Clearance is denied. CASE NO: 08-06228.h1


Guideline L; Guideline B; Guideline K; Guideline E

02/25/2011

Even if the Board considers Applicant’s new evidence for jurisdictional purposes and reads it in the light most favorable to Applicant, we do not conclude that there was a current investigation or adjudication of Applicant when the SOR was issued in 2009. We decline to conclude that DOHA was precluded from considering past conduct in the current adjudication. Adverse decision affirmed.


Guideline H; Guideline E

02/24/2011

An SOR allegation may be included under more than one Guideline and may be given independent weight under each. A finding of mitigation under Gone Guideline does not compel a similar finding under another. Adverse decision affirmed. CASE NO: 09-07472.a1


Foreign Preference; Foreign Influence

2/24/2011

Applicant is a dual citizen of the U.S. and Australia, who has lived in Australia for many years. He continues to retain his Australian citizenship and passport, which he is not willing to relinquish. He plans to retire in Australia, where he has considerably more financial assets than in the United States, including two homes, and also where his two daughters and four of his five grandchildren reside. Mitigation has not been shown. Clearance is denied


Guideline F

02/24/2011

Applicant’s unemployment was a result of his discharge from the Navy for misconduct. Accordingly, his financial difficulties could not be attributed to causes outside his control. His efforts to pay his debts were unreasonably dilatory. Favorable decision reversed. CASE NO: 09-05700.a1


Guideline F; Guideline E

02/24/2011

Applicant did not demonstrate timely repayment of delinquent debts. He failed to mitigate the security concerns arising from his false answer to the security clearance application. Adverse decision affirmed. CASE NO: 08-01392.a1


Financial

02/23/2011

Applicant is 48 years old and employed as a Naval Special Warfare Demolition Instructor by a defense contractor. The Applicant's excessive indebtedness was caused by circumstances beyond his control, namely the unforeseeable downturn in the real estate market. He has paid off three of his creditors and is in the process of paying the remaining three. He has made a good faith effort to resolve his debts. There is sufficient evidence of financial rehabilitation. Clearance is granted CASE NO: 10-03187.h1


Foreign Influence

02/17/2011

Applicant, who was born and raised in the United States, married a woman who was born and raised in the Peoples Republic of China (PRC). His wife and her son reside with him in the United States. Her parents and brother are citizens of and reside in the PRC. While his wife has emotional ties to her parents, but not her brother, Applicant has mitigated the rebuttal presumption that he has strong bonds with his mother-in-law and brother-in-law. After weighing all the factors and security concerns in this case, Applicant has not mitigated the security concerns about his foreign influence. Eligibility for a security clearance is denied. CASE NO: 10-01284.h1


Drugs; Personal Conduct

02/17/2011

Applicant's extensive marijuana use began in 2007 and continued until about November 2009. He intentionally understated his marijuana use on his April 29, 2009 security clearance application. Personal conduct and drug involvement concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-00380.h1


Financial

02/17/2011

Applicant owes approximately $163,000 in unpaid taxes for tax years 1999, 2000, and 2001. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied.


Foreign Influence; Foreign Preference

02/17/2011

Applicant was born, raised, and educated in the United States. His visits to Tunisia occurred during his childhood, and his contact with his grandmother, a Tunisian resident, is limited to once a month. Applicant has mitigated the foreign influence security concern. Applicant surrendered his Tunisian passport to his company's facility security officer. Applicant has mitigated the foreign preference security concern. Clearance is granted. CASE NO: 09-07693.h1


Financial, Personal Conduct

02/17/2011

Applicant has not paid or resolved 14 delinquent debts that began accumulating in 2003 and total $9,117. They include utility bills, credit card bills, and ten a student loan. In January 2009, he asserted that he would begin addressing his debts. He has not sought credit counseling or other assistance. In 2001, he was terminated from a position for theft and subsequently prosecuted. In 2008, he was terminated from another position for failing for follow instructions and providing his family with inappropriate concessions. Applicant failed to mitigate the security concerns raised under the financial considerations and personal conduct guidelines. Clearance is denied.


Drugs; Personal Conduct

02/16/2011

Over the course of ten years, Applicant illegally used marijuana two or three times a year with her family. She is a registered nurse. In 2006, her employment was terminated when her hospital discovered that she failed to chart narcotics. She underwent a substance abuse evaluation that found she did not have a substance disorder. However, her nursing license was subsequently disciplined. In 2009, she was terminated from another position after a random drug test was positive for marijuana. Her nursing license is currently in a limited status. She did not provide any independent evidence to corroborate her statements that she no longer uses marijuana. She failed to mitigate the security concerns raised under the guidelines for drug involvement and personal conduct. Clearance is denied.


Foreign Preference, Foreign Influence

02/16/2011

In 1998, Applicant and his wife left their native Jordan and arrived in the United States. They remained and established lives in the United States. Applicant and his wife became U.S. naturalized citizens and obtained U.S. passports in 2008. Their children were born here. Applicant's elderly mother, three sisters, and in-laws are citizens and residents of Jordan. In September 2009, he traveled to Jordan and used an expired Jordanian passport to enter the country. He was not permitted to exit the country without renewing that passport. In December 2010, that passport was destroyed. He mitigated the foreign preference relating to the renewal of his Jordanian passport and the foreign influence concerns raised by his family residing in Jordan. Clearance is granted.


Financial

02/16/2011

Applicant has mitigated the security concerns under the financial considerations guideline. She has provided sufficient documentation that her delinquents debts are resolved. Clearance granted. CASE NO: 10-01826.h1


Financial; Personal Conduct

02/16/2011

Applicant accumulated six debts totaling $11,022 in large part from being unemployed from October 2006 to June 2008. Since being employed full-time in June 2008, he has made no documented effort to contact, repay, or settle his past-due accounts with his creditors. Additionally, Applicant falsified his May 2009 security clearance application by failing to list any of his financial delinquencies. No mitigating conditions fully apply. Clearance is denied. CASE NO: 09-06390.h1


Foreign Influence

02/16/2011

Applicant is a 57-year-old linguist (Pashto and Urdu) who has ties or connections to Pakistan, a country where terrorist organizations are present. He closed a bank account and sold a property thereby ridding himself of any financial interests in Pakistan. His family ties, via his siblings and in-laws, are not strong due to geographic separation and a lack of interaction for many years. 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 his commitment by working as a linguist supporting the U.S. armed forces' mission of detainee operations at a location outside the continental United States. Clearance is granted. CASE NO: 09-05267.h1


Criminal Conduct

02/16/2011

Applicant entered into a Deferred Acceptance of Nolo Contendere for the charge of Assault for one year and was ordered to complete an alcohol and drug course, complete an alternative to violence course, and to pay restitution in 2007. There is no evidence of criminal activity since 2007. Mitigation has been shown. Clearance is granted.


Guideline F

02/15/2011

The record evidence does not support the Judge’s conclusion that Applicant’s decisions to move to lower paying jobs for family reasons were beyond his control. Favorable decision reversed.


Guideline D; Guideline E

02/15/2011

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


Guideline F

02/15/2011

The Judge’s conclusion that Applicant has not demonstrated sufficient effort at debt resolution is sustainable. Adverse decision affirmed.


Guideline F

02/15/2011

The Board does not have the authority to make factual findings. Applicant’s assertions raise a possibility that procedural due process may have been impaired in this case. Adverse decision remanded.


Financial

02/14/2011

Applicant has not mitigated the security concerns under the financial considerations guideline. She has not provided sufficient documentation that her delinquents debts are resolved or in a consistent payment plan. Clearance denied. CASE NO: 10-04453.h1


Financial Considerations

02/14/2011

Applicant has an inability to satisfy her financial indebtedness. She currently has 12 delinquent debts totaling $16,583, and has not satisfied any of her delinquent accounts. She has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:10-00610.h1


Financial

02/14/2011

Credit reports establish Applicant has over $46,000 in delinquent debts. He did not present information sufficient to show that he has paid or resolved these delinquent debts or even has a plan to resolve them. He has not presented sufficient information or documentation to mitigate financial considerations security concerns. Clearance is denied. CASE NO: 09-08237.h1


Financial Considerations

02/14/2011

Applicant has an inability to satisfy his financial indebtedness. He currently has 13 delinquent debts, and has only made payment arrangements on one of his debts. He has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:09-07456.h1


Alcohol, Criminal

02/14/2011

Applicant's alcohol use resulted in DWI arrests in 2007 and 2009. He was sentenced to two years of probation in 2007, and one year of probation in 2009. His 2009 offense occurred during his probationary period for the earlier arrest. His 2009 offense also occurred while he held a security clearance. He attended an alcohol treatment program after the 2009 DWI. His 2009 probation ended recently, in July 2010. Applicant continues to drink alcohol. He has failed to allay the security concerns under Guidelines G and J. Clearance is denied.


Financial

02/11/2011

Applicant is 48 years old. Her husband abandoned her and their two children in 2004. He sold their townhouse and took their savings. He does not pay child support. Applicant has been steadily employed since before he left. It has been more than six years since he left. Applicant has not paid or resolved most of her delinquent debts, even the small ones. She does not have a credible repayment plan. Applicant failed to mitigate the trustworthiness concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-01446.h1


Alcohol

02/11/2011

Applicant's history of excessive alcohol use resulted in DWI convictions in 2007 and 2009. He was abstinent as required during his first one-year probation. He attended alcohol treatment programs after each DWI. He attended AA after his second DWI, but no longer attends. He is currently on probation until June 2011, and is abstinent. He also has an ignition interlock system installed in his car, which will remain until October 2011. Applicant has failed to allay the security concerns under Guideline G. Clearance is denied. CASENO.: 10-01315.h1


Personal Conduct; Criminal Conduct

02/11/2011

Applicant was fired from a job for her complicity in a prank to give contaminated food to a supervisor and sending inappropriate email on a company computer. Security concerns are mitigated. Clearance is granted. CASE NO: 09-07132.h1


Guideline J; Guideline G

02/10/2011

Applicant’s admissions to the SOR and the evidence contained in the file establish Guideline J security concerns. Applicant failed to rebut the presumption that the Judge considered all of the record evidence. Adverse decision affirmed. CASE NO: 09-05995.a1


Guideline F

02/10/2011

Applicant’s lengthy history of not meeting financial obligations and the ongoing nature of his debts support the Judge’s conclusion that Applicant had not demonstrated mitigation. Adverse decision affirmed. CASE NO: 09-05264.a1


Alcohol; Drugs; Personal Conduct

02/10/2011

Applicant is 58 years old and employed as a Creative Director/Senior Producer by a defense contractor. His history of alcohol and prescription drug abuse with multiple and recent relapses, the most recent relapse in 2008, followed by treatment and AA meetings has not been mitigated by sufficient evidence of reform and rehabilitation. Furthermore, the Applicant deliberately lied to an investigator during an interview to conceal his drug and alcohol abuse. Mitigation has not been shown. Clearance is denied. CASE NO: 09-01986.h1


Guideline F

02/10/2011

Applicant did not raise an issue of harmful error. His new evidence cannot be considered upon appeal. Adverse decision affirmed. CASE NO: 09-00955a.red


Foreign Influence

02/09/2011

Applicant was born and raised in the People's Republic of China. He and his wife immigrated to the United States in the 1990s, but he continues to maintain relationships with family members in China. Insufficient evidence was presented to mitigate foreign influence security concerns. Eligibility denied. CASE NO: 10-04600.h1


Financial

02/09/2011

Applicant's financial problems are partially the result of circumstances beyond his control. However, his evidence did not show he has been financial responsible, or that he understands what is expected of him to be eligible for a security clearance. He presented little or no evidence about his current financial situation, a working budget, or a viable plan to resolve the remainder of his debts and avoid similar financial problems in the future. Applicant failed to mitigate the financial considerations concerns. Clearance denied. CASE NO: 10-02818.h1


Financial

02/09/2011

Applicant is an employee of a federal contractor. He has a history of financial difficulties. Beginning in 2003, he began accruing delinquent debts that include a large mortgage judgment, unpaid taxes, credit card bills, and small medical bills. He asserted that he has been unable to pay the debts because of his limited income. He failed to provide sufficient evidence of good-faith efforts to pay or resolve his debts. He has not sought credit counseling or other assistance. Applicant failed to mitigate the trustworthiness concerns raised under the financial considerations guideline. Clearance is denied.


Criminal Conduct; Financial

02/09/2011

Applicant failed to mitigate security concerns under Guideline J (Criminal Conduct), Guideline F (Financial Considerations), and the whole-person concept. Eligibility for a security clearance is denied. CASE NO: 09-02484.h1


Financial

02/08/2011

Applicant's Statement of Reasons alleged eight debts totaling $139,947. These debts consist of three collection accounts, four charged-off accounts, and a home foreclosure. His indebtedness began in 2006 and has been ongoing. Although Applicant was able to show that two of the debts were duplicates and his mortgage was satisfied after foreclosure, he failed to provide sufficient mitigating evidence to overcome security concerns raised. Clearance is denied. CASE NO: 10-01996.h1


Financial

02/08/2011

The Statement of Reasons alleges delinquent debts amounting to almost $43,000. The bulk of the debt, almost $38,000, comprises delinquent state and federal income taxes. Applicant made inconsistent attempts to pay tax debts to the IRS, accrued since the late 1990s. She has not shown a track record of meeting her financial obligations. Clearance is denied. CASE NO: 10-01209.h1


Financial

02/08/2011

Applicant is 41 years old. He was involved in several unsuccessful business ventures. He accumulated approximately $176,000 in delinquent debts that he is unable to repay or resolve at this time. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-00845.h1


Financial

02/08/2011

Applicant is 32 years old, married, and has three children. He was earning a substantial salary in the automobile industry until the economic downturn. He moved to a new state to find better employment opportunities. He is now in law enforcement, but earns a meager salary. He made a realistic decision that the only way to resolve his delinquent debts was to file for Chapter 7 bankruptcy. Applicant has acted responsibly under the circumstances. I find he has successfully mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 10-00472.h1


Foreign Influence

02/08/2011

Applicant is a 28-year-old software engineer. The record contains substantial evidence of Applicant's ties to China, which, when viewed in light of the identity of the foreign country involved, create a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion. Clearance is denied. CASE NO: 09-08417.h1


Financial; Personal Conduct

02/08/2011

Applicant has mitigated the security concerns under the personal conduct guideline. She did not falsify her May 2007 security clearance application. She has not mitigated the security concerns under the financial considerations guideline. She has not provided documentation that her delinquents debts are resolved or in a consistent payment plan. Clearance denied. CASE NO: 09-07012.h1


Personal Conduct; Criminal Conduct

02/08/2011

Applicant is 31 years old. He was discharged from the Army in lieu of a general court-martial for seven charges of larceny. In 2000, he pled guilty to breaking and entering. He was cited for marijuana possession in 2005. Applicant intentionally failed to disclose requested information on his security clearance application and deliberately made a false statement to a background investigator. Applicant failed to mitigate the security concerns under Guideline E, Personal Conduct, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-04546.h1


Financial; Personal Conduct

02/08/2011

Applicant's 20-year history of financial problems, her failure to deal responsibly with over $130,000 delinquent debt, and her falsifications of clearance applications in 1997, 1999, and 2008, render her an unsuitable candidate for access to classified information. Clearance denied.


Alcohol

02/08/2011

Applicant committed three separate alcohol-related driving offenses in August 2006, October 2007, and November 2007. He has consumed alcohol, at times to excess and the point of intoxication, since about 1980. He resumed drinking after completing court-ordered alcohol treatment in October 2008, despite meeting the criteria for dependence. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 08-10736.h1


Financial

02/07/2011

Applicant is 37 years old. She began having financial problems after her divorce in 2004. She incurred debts that became delinquent and has failed to resolve them. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-01984.h1


Drug Involvement; Personal Conduct

02/07/2011

Applicant's history of drug involvement, in addition to his falsification of his security clearance application, generate security concerns that he failed to mitigate. Clearance is denied. CASE NO: 10-01168.h1


Personal Conduct; Criminal Conduct

02/07/2011

Applicant accumulated numerous arrests and convictions during the past 15 years, including felonies, alcohol-related offenses, and drug-related offenses. He disclosed only 2 of 14 arrests on his security clearance application. Clearance is denied. CASE NO: 09-07391.h1


Foreign Influence; Foreign Preference

02/07/2011

Applicant failed to mitigate the foreign preference and foreign influence security concerns generated by his relationship with resident Israeli citizens and his use of an Israeli passport when traveling to Israel to visit them. Clearance is denied. CASE NO: 09-06591.h1


Drugs; Alcohol; Personal Conduct

02/07/2011

The Applicant used marijuana on a frequent basis from 1996 until at least May 2010, a month before the hearing. He also used cocaine and ecstasy. Applicant falsified a Government questionnaire and lied to several Government investigators. Mitigation is not shown. Clearance is denied CASE NO: 09-04479.h1


Financial; Personal Conduct

02/07/2011

Applicant is a 28-year-old quality engineer. The evidence shows Applicant has a history of financial problems or difficulties, which are ongoing. Applicant failed to present sufficient evidence to overcome the security concerns raised by his history of financial problems. He did not give deliberately false answers to questions about his finances in 2008, when he completed a security clearance application. Clearance is denied. CASE NO: 09-00183.h1


Information technology

02/07/2011

Applicant violated security protocols. Although his violation of security rules was designed to facilitate mission accomplishment, his violations of information technology system security protocols are not mitigated at this time. Eligibility for access to classified information is denied. CASE NO: 08-11762.h1


Personal Conduct

02/07/2011

Applicant is 51 years old and employed as a Software Engineer by a defense contractor. The Applicant did not deliberately falsify his security clearance application, responses to interrogatories, nor did he provide false information to an investigator during his background investigation concerning his past illegal drug. The Applicant did use marijuana in 2000, after having been granted a security clearance. This occurred over ten years ago, and he has not used any illegal drugs since, and he has no intentions of ever using any illegal drug in the future. Sufficient mitigation has been shown. Clearance is granted. CASE NO: 08-01889.h1


Foreign Preference

02/3/2011

Applicant is 25 years old and employed as an Engineer by a defense contractor. Based upon his recent voluntary foreign military service in Israel, and his relationship and depth of loyalty to Israel, he is a risk to the national security. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 10-02902.h1


Foreign Preference

02/03/2011

Applicant, who is 25 years old, was born in Mexico, lived in the Netherlands, for a brief time, and moved with his parents to the United States in 1990. He has lived in the U.S. since then. Applicant became a United States citizen on February 27, 2001. Applicant's parents and two brothers are United States citizens and residents. Applicant relinquished his Dutch passport to be revoked and indicated a willingness to renounce his Dutch citizenship. Mitigation has been shown. Clearance is granted.


Financial

02/03/2011

Applicant accumulated 29 debts totaling $30,244. The debts include seven judgments. The other 22 debts include collections, charged-off, and past-due accounts. Her indebtedness began in 2003 and has been ongoing. She failed to provide sufficient mitigating evidence to overcome security concerns raised. Clearance is denied. CASE NO: 09-08430.h1


Financial

02/03/2011

Applicant is 61 years old and employed as a Senior Electronics Technician by a defense contractor. The Applicant's excessive indebtedness caused by a business venture that went bad, has not been resolved by a good faith effort. His financial affairs remain uncertain and he has not resolved his indebtedness. There is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 09-08244.h1


Financial

02/03/2011

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


Guideline F

02/01/2011

The Judge’s finding that Applicant’s delinquent tax debt covers only the period of the downturn of his business is not sustainable. Applicant’s evidence in mitigation relies on speculation. The Judge’s favorable application of the mitigating is not sustainable on this record. Favorable decision reversed.


Guideline F

02/01/2011

At the time the case was submitted for decision Applicant still had significant outstanding debts. The Judge could reasonably conclude that the problems were ongoing. Adverse decision affirmed.


Guideline ; Guideline b

02/01/2011

Applicant’s brief contains no claim of harmful error by the Judge. The Appeal Board’s authority is limited. Adverse decision affirmed.


Guideline F

02/01/2011

Applicant submits evidence which, although several months old, was not presented to the Judge and is, therefore, new evidence for our purposes. The Board cannot consider Applicant’s new evidence on appeal. Adverse decision affirmed.


Financial

01/31/2011

Applicant is 30 years old. She has a history of acting fiscally responsible. After the repeated urging of a realtor, the concurrence of her mother, and the begging of her friend, she agreed to use her credit to finance a home for the friend. He failed to make the mortgage payments and she was responsible for the two delinquent mortgages. She has a payment agreement in place for one debt and her attorney is in contact with the creditor on the other debt in an attempt to settle it. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is granted. CASE NO: 10-04008.h1


DIGEST: Applicant accumulated three delinquent credit card accounts after her spouse

01/31/2011

Applicant accumulated three delinquent credit card accounts after her spouse was disabled in 2005. She established a payment plan for one debt, but the other two are unresolved. She did not disclose her delinquent debts on her security clearance application. Clearance is denied. CASE NO: 10-02649.h1


Personal Conduct

01/31/2011

Applicant failed to mitigate security concerns arising from his personal conduct. Eligibility for a security clearance is denied. CASE NO: 10-02476.h1


Financial

01/31/2011

Applicant is 56 years old and a defense contractor. He has had tax problems, dating back to 1997. Tax liens were filed in 1999, 2004, and 2010. He has paid some of the years and is resolving tax years 2001 and 2002 through an installment agreement. He has not yet resolved $79,000 owed for tax years 2005 to 2008. He failed to timely file his state returns for 2004, 2005, 2006, 2007, and 2008. He did not mitigate the security concerns raised under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-02453.h1


Financial

01/31/2011

Applicant had four tax liens and nine other delinquent accounts totaling approximately $26,000. During the last year, she has documented paying less than $1,000 on these accounts. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 10-02003.h1


Financial Considerations

01/31/2011

Applicant has one charged-off and 13 unpaid accounts placed for collection, which total approximately $28,000. Applicant has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 10-01571.h1


Financial

01/31/2011

Applicant was aware that the federal government filed a tax lien against him in May 2002. Between 2004 and August 2009, he accumulated more than $38,040 in delinquent debt. His two divorces, unemployment from April 2006 to July 2007, monthly child support and mother's support have been considered. However, these unanticipated events do not excuse Applicant from repaying his delinquent debts. The Government advised Applicant several times beginning with his September 2007 interview, that his delinquent debts raised concerns. Yet, he provided no documentation that he paid any of the listed debts. Eligibility for access to classified information is denied.


Drug Involvement; Personal Conduct

01/31/2011

Applicant's marijuana use from August 29, 2009 to December 4, 2009, in two foreign countries, while holding a security clearance, showed exceptionally poor judgment. Drug involvement concerns are mitigated; however, personal conduct concerns are not mitigated. Eligibility for access to classified information is denied. CASE NO: 10-01365.h1


Financial; Drugs; Alcohol

01/31/2011

Applicant is 29 years old. He has 15 delinquent debts totaling approximately $49,889 that are unpaid and unresolved. He used marijuana with varying frequency from 1997 to 2009. He misused prescription drugs from 2000 to 2003. He has two alcohol-related offenses, one from 2001 and the other a driving under the influence conviction from 2007, for which he remains on probation until 2012. Applicant failed to mitigate the security concerns raised under the Financial Considerations, Drug Involvement, and Alcohol Consumption Guidelines. Clearance is denied. CASE NO: 10-01344.h1


Financial

01/31/2011

Applicant has not paid or resolved 11 delinquent debts that began accumulating in 2005 and total $147,000 and included about $100,000 in student loans. He asserted that he has been unable to pay the debts because of his limited income, but that if he obtained a security clearance he would be employed in a high paying position that would give him sufficient funds to resolve the matters within a year. He has not sought credit counseling or other assistance. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial

01/31/2011

Applicant is a 23-year-old intern who works for a federal contractor. Between 2006 and 2009, he accumulated 11 delinquent debts totaling $21,500 that he has not paid or resolved. He intends to begin paying them when he is employed full time with his employer. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Foreign Influence, Foreign Preference

01/31/2011

Applicant became a naturalized U.S. citizen in 2006. He and his wife and children remain dual citizens of Russia, and have close family members who are resident citizens there. His father is an engineering professor at the Russian state-run polytechnic university from which he earned a doctoral degree in engineering. He regularly visits Russia using his Russian passport, and just renewed it. The evidence is insufficient to mitigate resulting security concerns. Eligibility for access to classified information is denied. CASE NO: 10-00752.h1


Foreign Influence, Foreign Preference

01/31/2011

Applicant is a naturalized U.S. citizen who was born in Russia. He has ties of affection and obligation to members of his family who are Russian citizens. He travels abroad to visit his them. Applicant also retains a valid Russian passport, which he has used to travel to Russia since becoming a U.S. citizen. He has not surrendered or invalidated his foreign passport. Security concerns under Guidelines C and B are not mitigated. Clearance is denied. CASE NO: 10-00741.h1


Drugs

01/31/2011

Applicant's lengthy history of polysubstance abuse, without evidence of treatment and a favorable prognosis, when considered in light of her inconsistent statements, creates doubts about her rehabilitation and whether she has made permanent behavioral changes. Not enough time has passed for Applicant to establish her reliability, judgment, and her ability and willingness to comply with laws and regulations. Clearance denied. CASE NO: 10-00335.h1


Financial

01/31/2011

Applicant accumulated delinquent student loan and consumer debts during a lengthy period of unemployment. Since returning to full-time employment, he has not demonstrated any progress in addressing his debts, or provided endorsements and performance evaluations that might help in making a positive whole-person assessment of Applicant's financial stability. His proven debts have not been paid or resolved to date. Applicant's finances are not stabilized enough at this time to mitigate public trust concerns. Eligibility to occupy a public trust position s denied. CASE NO: 10-00210.h1


Financial

01/31/2011

The Statement of Reasons alleges delinquent debts amounting to more than $72,000. Applicant successfully discharged a bankruptcy in 1999, but failed to complete his second Chapter 13 in 2005. He made inconsistent attempts to pay tax debts of more than $50,000 to the IRS and state government, accrued since 2000. He set up payment plans in the weeks leading up to his hearing, but most are too new for him to have made the first payment. He has not shown a track record of meeting his financial obligations. Clearance is denied. CASE NO: 09-08700.h1


Personal Conduct

01/31/2011

Applicant’s deliberate falsifications about his illegal drug use during security clearance background investigations in 2005, 2006 and 2009 raised issues about his judgment, trustworthiness, and reliability. Applicant failed to meet his burden of proof to mitigate the personal conduct security concerns. Clearance is denied. CASE NO: 09-08407.h1


Financial

01/31/2011

Applicant accumulated numerous delinquent debts starting in 2003. He fell into further financial difficulty after he was hospitalized from June to October 2007 and unable to work until April 2008. All of the 16 delinquent debts alleged in the SOR remain unresolved. Clearance is denied. CASE NO: 09-08400.h1


Foreign Preference; Financial

01/31/2011

Applicant is a native-born U.S. citizen. Her husband, mother-in-law, and stepmother are citizens of Pakistan and reside in the United States. Her father, a naturalized U.S. citizen, is an employee of the Pakistani government in the United States. Applicant has a history of financial delinquency, and she failed to demonstrate that she has a coherent plan to satisfy her creditors and avoid financial delinquency in the future. Applicant failed to mitigate security concerns under adjudicative guidelines B and F. Clearance is denied. CASE NO: 09-08384. h1 DATE: 01/31/2011


Financial

01/31/2011

In 2003, Applicant had $20,000 in liabilities discharged in bankruptcy. He currently has $17,000 in past-due accounts or accounts placed for collection. He has failed to rebut or mitigate the security concerns under financial considerations. Clearance is denied. CASE NO: 09-07930.h1


Foreign Preference; Foreign Influence

01/31/2011

Applicant was born in the United States of South Korean parents. His family returned to South Korea when he was six years old. He returned to the United States after completing college and mandatory military service in South Korea. He allowed his South Korean citizenship to be cancelled and his South Korean passport invalidated by not affirmatively choosing to retain his South Korean citizenship within two years after completing his military service. His parents, grandparents, aunts, and cousins are citizens and residents of South Korea. His fianc‚e is a citizen and resident of South Korea, but she intends to live with Applicant in the United States. Clearance is granted. CASE NO: 09-07914.h1


Criminal Conduct; Personal Conduct

01/31/2011

Applicant’s good employment record with his current employer and his successful completion of probation mitigated concerns raised under criminal conduct and personal conduct. Clearance is granted. CASE NO: 09-07768.h1


Financial

01/31/2011

Applicant acquired 14 debts totaling over $38,000 that have been delinquent for a number of years. 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 not clear indications that her financial problems are being resolved or are under control. Clearance denied. CASE NO: 09-07569.h1


Financial, Drugs

01/31/2011

Applicant developed a real estate investment business in 2001. He successfully operated this business until the economic decline in 2007 and 2008. He incurred financial problems when his business failed. He has resolved his primary mortgage debts. He has not resolved his credit card and other debts from his business. He last smoked marijuana in June 2008 and has signed a letter of intent not to use marijuana or any drugs in the future. He has mitigated the Government's security concerns under Guideline H, but he has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 09-06992.h1


Guideline F

01/31/2011

The judge was not bound to accept Applicant’s explanation. Rather he considered it in light of the record as a whole.. The Judge’s finding of deliberate falsification is sustainable. Adverse decision affirmed.


Criminal Conduct; Security Violations; Personal Conduct

01/31/2011

Applicant is a 61-year-old engineer. The evidence shows Applicant is a former federal employee with a history of alcohol-related incidents, which includes a 1995 manslaughter conviction. While in an alcohol-induced blackout in 1994, he had a hit-and- run accident hitting a pedestrian. He pleaded guilty to several criminal charges, to include aggravated involuntary manslaughter, and was sentenced to 15 years of incarceration with 5 years suspended. He has abstained from alcohol since the day of the accident. Since his release from prison in 2000, he reunited with his family, he obtained employment in his field of engineering, and he has a good employment record. Even though Applicant presented substantial evidence of reform and rehabilitation, it is outweighed by the nature, extent, and seriousness of his criminal conduct. Clearance is denied. CASE NO: 09-06693.h1


Foreign influence

01/31/2011

In 1969, Applicant was born in Afghanistan. In 1983, his father brought him to the United States, and in 1993, he became a U.S. citizen. His spouse, three children, father, mother, three sisters, and three brothers are U.S. citizens. Applicant wishes to return to Afghanistan, and assist U.S. combat forces as a translator and linguist. In 2003, Applicant's father returned to Afghanistan and has remained there. Applicant's father holds a high-level position in the Afghan Government. Applicant and his father have a close relationship. Applicant understands the risks and dangers to himself from service in the field with U.S. combat troops. Applicant has significantly greater contacts with the United States than with Afghanistan. He can be expected to resolve any conflict of interest in favor of U.S. interests. Foreign influence security concerns are mitigated. Eligibility for access to classified information is granted. CASE NO: 09-06457.h1


Guideline F

01/31/2011

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


Financial Considerations

01/31/2011

Thirty-six-year-old Applicant's financial situation started to deteriorate sometime between 2007 and 2009, and it has continued to the present day. She had three relatively brief periods of unemployment (the most recent was in 2009 for four weeks). Accounts became delinquent and were either placed for collection or charged off. To date, she has failed to resolve any of the delinquent accounts, totaling $33,850, while claiming an intention to pay her debts. Substantial questions and doubts as to her security eligibility and suitability remain. Clearance is denied. CASE NO: 09-05692.h1


Financial

01/31/2011

Applicant's statement of reasons (SOR) lists eight debts, totaling $54,210. He did not provide proof of any payments to his SOR creditors. He failed to make sufficient progress in resolving his SOR debts, and financial considerations concerns are not mitigated at this time. Eligibility for access to classified information is denied. CASE NO: 09-04539.h1


Financial

01/31/2011

Applicant failed to mitigate the nearly $63,000 in delinquent debt he acquired after his bankruptcy discharge in July 2000, over $34,000 of which is unresolved. Clearance denied.


Guideline B; Guideline C

01/31/2011

The Judge focused on a tapestry of factors including Applicant’s relatives in Taiwan, her exercise of Taiwanese citizenship after acquiring US citizenship and the extent to which common culture could be a basis for foreign influence. The Judge did not appear to rely on the Chinese character of the culture. As to Applicant’s arguments regarding her brother-in-law’s security clearance, each case must be decided on its own merits. Adverse decision affirmed.


Guideline F; Guideline E

01/31/2011

Applicant’s interpretation is not corroborated by the record evidence and does not establish error by the Judge. Adverse decision affirmed.


Foreign Preference; Foreign Influence

01/31/2011

Applicant's close family ties to immediate family members in Taiwan and exercise of dual citizenship raise security concerns. His family ties consist of maintaining close and frequent contact with his mother, father, and two brothers by frequent visits to Taiwan. In addition to being a dual citizen of the United States and Taiwan, Applicant also maintains an active Taiwanese passport. Clearance is denied.


Foreign Influence

01/31/2011

Applicant left his native India and came to the United States in 1977. He became a naturalized citizen in 1984. His wife, also born in India, became a naturalized citizen in 2006. Their three children were born in the United States. He started a business in 1995 that has proven to be very successful. He is active in community and professional organizations. He mitigated the foreign influence concerns raised by his father-in-law, who is a member of an Indian state legislature, and a resident and citizen of India, in addition to his sister-in-law, sister, and a brother-in-law, who are citizens and residents of India. He has $2,000 in an Indian bank account, which represents an insignificant percentage of his net worth. Clearance is granted.


Psychological Conditions; Personal Conduct

01/31/2011

Applicant is 36 years old. He has been diagnosed by three different psychiatrists with bipolar disorder. He stopped taking his medications because he believed he no longer needs them. He intentionally failed to disclose all of his mental health history on his security clearance application. Applicant failed to mitigate the security concerns under Guideline I, Psychological Conditions, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 08-06954.h1


Guideline F

01/28/2011

A judge cannot promise someone a favorable security clearance adjudication, especially, when, as here, she has not yet reviewed all the record evidence. Adverse decision affirmed.


Financial; Criminal Conduct; Personal Conduct

01/28/2011

Applicant has had a history of financial difficulties. No evidence was introduced to establish that she has resolved any of her overdue debts. The Government chose not to submit evidence to prove the Criminal Conduct or Personal Conduct allegations. Mitigation has not been shown. Clearance is denied.


Guideline F

01/28/2011

Although the Judge found in Applicant’s favor with respect to two of the allegations she reasonably explained the mitigating evidence was insufficient to overcome the government’s security concerns.


Guideline B

01/28/2011

In foreign influence cases the nature of the foreign government involved, the intelligence gathering history of that government and the presence of terrorist activity are important considerations that provide context for the other record evidence and must be bought to bear on the conclusions in the case. Favorable decision reversed.


Guideline H; Guideline E

01/28/2011

In light of Applicant’s numerous false official statements over the years and the conclusion that Applicant made a not credible statement at the Hearing. The Board affirms the Judge’s adverse conclusions under Guideline e and the whole-person concept. Adverse decision sustained.


Financial Considerations

01/27/2011

Applicant has an inability to satisfy his financial indebtedness. He currently has ten delinquent debts, and has failed to submit proof that any of them are satisfied or are being adequately addressed. He has not mitigated the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO:09-06672.h1


Financial; Personal Conduct; Criminal Conduct

01/27/2011

Applicant is 46 years old and employed by a defense contractor. His history of excessive indebtedness has only recently started to be addressed. His history of criminal conduct and his deliberate failure to disclose a significant amount of material information concerning his financial history and his criminal record on his security clearance, resulting in numerous falsifications, is inexcusable. There is insufficient evidence in mitigation. Clearance is denied. CASE NO: 09-03356.h1


Guideline F; Guideline J

01/26/2011

DOHA Judge do not have authority to give an Applicant more time to pay her debts. Adverse decision affirmed.


Guideline G

01/26/2011

The Judge’s questions were relevant and temperate. Applicant has not rebutted the presumption that the Judge was impartial and unbiased. Adverse decision affirmed.


Financial

01/25/2011

Applicant committed an armed robbery when he was 17 years old. He completed all conditions of his sentence in 1997. Unemployment and underemployment were major reasons why he accumulated delinquent debts between 2000 and 2008. During the period, Applicant committed several criminal and traffic offenses. Though he told the Government in June 2009 that he planned to talk to a financial advisor about his delinquent debts, he has done nothing to address his debts, even though he has had the discretionary funds available in the last year to eliminate some of the smaller debts listed in the Statement of Reasons. Eligibility for access to classified information is denied.


Financial

01/25/2011

Applicant has mitigated the security concerns under the financial considerations guideline. Applicant has resolved her delinquent debts through payments or repayment plans. The delinquent debts were the result of unemployment. Clearance granted. CASE NO: 09-03941.h1


Foreign Influence

01/24/2011

Applicant married a Russian citizen, whom he met online in January 2005. Foreign influence concerns are not fully mitigated because of his spouse's academic position and expertise in Russia before her U.S. immigration, and her close ties to family members living in Russia. Clearance denied. CASE NO: 09-08569.h1


Financial

01/24/2011

Applicant has not paid or resolved 19 delinquent debts that began accumulating in 2003 and total $60,837. They include judgments, utility bills, and ten student loans. He asserted that he has been unable to pay the debts because of his limited income. He has not sought credit counseling or other assistance. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Guideline J; Guideline E

01/24/2011

The Board need not agree with a Judge’s rulings to conclude that they do not indicate bias. The Judge was at the hearing and need not wait for the arrival of the transcript to start the process of preparing a decision. Adverse decision affirmed.


Criminal Conduct; Personal Conduct

01/24/2011

Applicant is an electronics technician for a defense contractor, who was involved in a series of arrests and convictions between 2000 and 2005, many of which involved driving on a suspended license. Since his last arrest in 2005, he has not been involved in any more traffic-related incidents and mitigates security concerns associated with his pattern of arrests under Guideline J. Raised security concerns over his intentional omissions of his arrests in his E-QIP are not mitigated by any prompt, good-faith corrections. Clearance is denied. CASE NO: 09-00333. h1


Personal Conduct; Information Technology

01/24/2011

Applicant's immaturity led to his questionable behavior. He was forthcoming and candid during the security clearance process. He received training about ethical behavior and the handling of classified and proprietary information. He expressed sincere remorse for his past questionable behavior and understands that it could adversely impact on his ability to hold a security clearance. He has matured into a good husband and responsible employee. His questionable behavior is not recent, it is unlikely to recur, and it does not cast doubt on Applicant's current judgment, reliability, and trustworthiness. Applicant mitigated security concerns under Guidelines E and M. CASE NO: 08-10804.h1


Foreign Influence

01/24/2011

Applicant failed to mitigate the security concern posed by his parents-in-law, both citizens and residents of Russia. Clearance is denied. CASE NO: 08-09346.h1


Financial

01/21/2011

Applicant has not mitigated the security concerns under the financial considerations guideline. Applicant has unresolved delinquent debt in the amount of $51,000. He has no plan to resolve the debt at this time. Clearance is denied. CASE NO: 10-02364.h1


Guideline F

01/21/2011

On appeal Applicant asserts that after the hearing he mistakenly sent evidence to the wrong e-mail address which is why the Judge never received it. The Board cannot consider Applicant’s new evidence on appeal. Applicant has not asserted that there was a harmful resulting from actions taken by DOHA personnel. Adverse decision affirmed


Financial

01/21/2011

Applicant is a 32-year-old information technology employee. The evidence shows Applicant has a history of financial problems or difficulties, to include a Chapter 7 bankruptcy case in 2005. Most of his financial problems stem from uninsured medical expenses incurred for treatment of a serious disease, a circumstance beyond his control. In addition, given his limited means, he has made good-faith efforts to repay his delinquent debts. Clearance is granted. CASE NO: 09-06433.h1


Financial

01/20/2011

Applicant is 53 years old. He worked for a federal agency for 15 years and resigned. He decided to withdraw all of his retirement savings, which created a tax consequence. He failed to pay all of the taxes on the retirement withdrawal. He used his retirement savings and personal savings to live for more than two and half years. He chose to study for licensing exams and not to work during this period. He obtained a $50,000 home equity loan and renovated his house during his period of unemployment. He failed to file and pay his federal and state income taxes. He does not have sufficient income to pay his delinquent debts. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-02780.h1


Foreign Influence

01/20/2011

In 1966, Applicant was born in Pakistan. In 1988, he immigrated to the United States. In 1996, he became a U.S. citizen. His spouse and six children were born in the United States and are U.S. citizens. Although his parents were scheduled to immigrate to the United States from Pakistan in the near future, they continue to be at risk until they depart Pakistan. Foreign influence concerns are not mitigated. Access to classified information is denied. CASE NO: 10-01169.h1


Guideline F

01/20/2011

Comments made by the Judge at hearing do not rebut the presumption that the Judge was unbiased. The record does not support a conclusion that Applicant was denied an opportunity to present his evidence in mitigation. Adverse decision affirmed.


Guideline F

01/20/2011

The Judge’s conclusion that Applicant’s debts were numerous, ongoing, and not the result of circumstances making them unlikely to recur is sustainable. Adverse decision affirmed.


Financial; Personal Conduct

01/20/2011

Applicant acquired at least seven debts, totaling almost $8,800, that became delinquent around 2003. She presented little documentary evidence of payments or good-faith efforts to resolve them. Instead, she waited for seven years until they were removed from her credit report. She failed to establish financial responsibility in the acquisition of the debts, good-faith efforts to resolve the debts, or a current track record of financial responsibility. She also failed to file annual Federal income tax returns for tax years 2001 through 2007. Moreover, she failed to disclose her delinquent debts in her security clearance application. Clearance denied. CASE NO: 09-03257.h1


Guideline F

01/20/2011

Applicant claimed on appeal that she submitted documents which were not included in the record. However, even if they had been included, the documents would not have affected the outcome of the case. Therefore, even if there were error, it was harmless. Adverse decision affirmed. CASE NO: 09-02670.a1


Criminal Conduct, Personal Conduct

01/20/2011

Between 1996 and 2007, Applicant was charged with criminal offenses falling generally into three categories: drug-related, alcohol-related, or assault-related. He was convicted of a DUI in 1996, domestic violence in 2000, and DWI in 2001; all other charges were dismissed. He omitted some of the incidents from his e-QIP and during two interviews, but his omissions were not deliberate falsifications. During the hearing, his recollections and explanations created extensive confusion, as he was unable to separate incidents and facts, and consistently mixed up names and occurrences. There is significant rehabilitation and other pertinent behavioral changes, and recurrence of criminal conduct is unlikely. Applicant has mitigated the Government=s security concerns. Clearance is granted.


Financial Considerations

01/20/2011

Forty-three-year-old Applicant's financial situation started to deteriorate in 2004 when he was laid off and went through a lengthy period of unemployment and underemployment. Accounts became delinquent and were either placed for collection or charged off. The bank foreclosed on the family residence. To date, he has ignored all of the delinquent accounts, totaling $96,529, while claiming an intention to file for bankruptcy. Substantial questions and doubts as to his eligibility to occupy an Information Systems Position designated ADP II to support a contract with the Department of Defense remain. Eligibility for public trust position is denied. CASE NO: 09-01193.h1


Guideline F

01/19/2011

Applicant failed to rebut the presumption that the Judge was unbiased. The extent to which an applicant actually handles classified information in his job is not relevant. Adverse decision affirmed. CASE NO: 10-03656.a1


Financial

01/19/2011

Applicant's debts arose from circumstances beyond his control. Other alleged debts were successfully disputed and removed from his credit history. He has mitigated the security concerns about his remaining debts. Clearance is granted. CASE NO: 09-08350.h1


Financial

01/19/2011

In April 2006, Applicant purchased a $410,000 condominium he could not afford. His monthly mortgage payment was approximately $2,400 a month. After his wife was granted child support (two children) in October 2006, other fees and expenses continued to increase. He tried unsuccessfully to restructure the mortgages and other fees/expenses. He stopped paying the mortgages in September 2007 when he realized he could not keep the mortgages and additional expenses current. The condominium went into foreclosure, and he believes the house was sold because the lenders have not contacted him. Applicant's payment of two of the listed creditors, his willingness to negotiate a payment plan with the two lenders, and his other evidence in mitigation, is sufficient to find the financial guideline in his favor. Eligibility for access to classified information is granted.


Financial

01/19/2011

Applicant mitigated the concerns raised under financial considerations. Clearance is granted. CASE NO: 09-06272.h1


Guideline H; Guideline G; Guideline E

01/19/2011

Error in Judge’s findings was harmless. Applicant failed to demonstrate that the Judge mis-weighed the record evidence. Adverse decision affirmed. CASE NO: 09-04905.a1


Financial; Personal Conduct

01/19/2011

Applicant has had a history of overdue debts, 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.


Personal Conduct; Drugs

01/19/2011

Applicant is a 53-year-old former federal employee who has a 30-year history of drug abuse (marijuana), much of it taking place while he held a security clearance. He made deliberately false statements in 2004, when he denied using illegal drugs in response to questions on a security clearance application. His drug abuse came to light in 2006, when he tested positive for marijuana during a routine drug test as an employee of the Defense Department. As a result, he resigned in lieu of termination. Since then, he obtained treatment and has not used marijuana since April 2006. He has not used alcohol, which he also abused, since August 2007, except for a one-time slip in 2010. He regularly attends group meetings of Alcoholics Anonymous (AA), volunteers in his community, and has a good employment record. Even though he presented substantial evidence of reform and rehabilitation, it is outweighed by his long-term history of drug abuse and making false statements during the security-clearance process. Taken together, these matters continue to undermine his trustworthiness, reliability, and good judgment. Clearance is denied. CASE NO: 09-01521.h1


Financial Considerations

01/18/2011

Applicant accrued two delinquent debts during his marriage and became solely responsible for them after his divorce and his ex-wife's bankruptcy discharge. Applicant is currently employed and has paid one of the two listed debts in full and has an active repayment plan in good standing with the other creditor. He is will regarded by his co- workers and is current with all of his other debts. Security concerns associated with Applicant's accumulated debt delinquencies are mitigated. Clearance is granted. CASE NO: 10-03663.h1


Financial

01/18/2011

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


Criminal Conduct

01/18/2011

Applicant was convicted of two alcohol-related driving offenses in 2005 and 2008. He has undergone an alcohol education program and regularly participates in Alcoholics Anonymous even though not diagnosed as an alcohol abuser or alcohol dependent. He limits his acquaintances to those who are family friendly and disassociated himself from former drinking acquaintances. In short, he has made significant lifestyle changes to include totally abstaining from alcohol and focusing on his work, his family, and his church. Applicant has successfully mitigated criminal conduct security concerns. Clearance is granted.


Criminal Conduct, Alcohol; Personal Conduct

01/18/2011

Applicant is a civilian maintenance technician for a defense contractor, who was involved in a series of arrests and convictions between 1984 and 2006, some of which included child and spousal cruelty charges. While only the 2006 charges and conviction were alcohol-related, Applicant has had a recurrent history of excessive drinking. He claims to be an alcoholic. However, he has never been diagnosed for alcohol abuse or dependency. Since his 2006 spousal abuse incident and court-ordered probation, Applicant has completed anger management classes, attended outpatient sessions with a treatment facility, and participated in a 12-step recovery program. He has attended the 12-step program for over four years with the support of a sponsor and has sustained his sobriety since his last alcohol-related incident in March 2006. Based on the changes he has demonstrated in his lifestyle, and the progress he has made in avoiding alcohol consumption and other incidents, Applicant mitigates criminal conduct and alcohol concerns. Raised security concerns over his omissions of a 1993 arrest for alleged probation violation are unsubstantiated. Clearance is granted. CASE NO: 07-13304. h1


Financial

01/14/2011

Applicant is a 27-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: 09-05602.h1


Financial; Foreign Influence; Personal Conduct

01/14/2011

Applicant is 57 years old. In 1997, his business and personal debts were discharged in bankruptcy. His new business has experienced financial difficulties due to a slow down in the economy, customers' failure to pay their bills, and business decisions. He used credit cards for awhile to pay his creditors. He has approximately $50,000 in delinquent debt, and is hopeful he can pay them in the future based on new contracts his business has received. Applicant's three sisters, a brother, and their spouses are all citizens and residents of Iran. He maintains frequent and close contact with them. Applicant mistakenly failed to disclose on his security clearance application that in the past seven years he had an Iranian passport. Applicant mitigated the Guideline E, Personal Conduct security concerns, but failed to mitigate the security concerns under Guideline F, Financial Considerations, and Guideline B, Foreign Influence. Clearance is denied. CASE NO: 09-05331.h1


Financial

01/14/2011

The Applicant has mitigated the security significance of his past due indebtedness. He has shown sufficient rehabilitation. Clearance is granted. CASE NO: 09-04511.h1


Financial; Personal Conduct

01/14/2011

Applicant is a 37-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties, which are ongoing. His indebtedness includes about $21,000 owed to a state child-support enforcement agency and more than $10,000 in back taxes owed to the IRS for multiple tax years. He did not present sufficient evidence to mitigate the security concerns stemming from his history of financial problems. He did not give deliberately false answers to questions about his financial record in 2008, when he completed a security clearance application. Clearance is denied. CASE NO: 08-11636.h1


Security Violations; Personal Conduct; Financial

01/14/2011

Applicant was disciplined for multiple security violations in May 2005. She made false statements during her former employer's investigation into her security violations in April 2005 and in an affidavit submitted to a security investigator in connection with her current application to continue her clearance in August 2008. She has accumulated numerous delinquent debts that have not been resolved. She mitigated the security concerns based on security violations but did not mitigate the concerns based on false statements and financial delinquencies. Clearance is denied. CASE NO: 07-06023.h1


Financial

01/13/2011

Applicant failed to mitigate the security concerns raise by her $50,000 in delinquent debt. Clearance denied.


Financial; Personal Conduct

01/13/2011

Applicant accumulated nine delinquent debts totaling about $17,000. She paid one $34 debt. She claimed several others were resolved, but she submitted no documentation to support her claim. When she submitted her security clearance application, she intentionally failed to disclose an arrest, two terminations of employment under unfavorable conditions, and an unsatisfied judgment. Clearance is denied. CASE NO: 10-00553.h1


Drug Involvement; Personal Conduct

01/13/2011

Applicant regularly used marijuana from 2001 through 2009 and abused cocaine in 2005, but he failed to provide sufficient evidence to mitigate drug involvement security concerns. In completing his security clearance application, Applicant fully disclosed his past marijuana abuse, but omitted information about his past cocaine abuse. Applicant provided credible information indicating that this omission was not intentional, thus dispelling personal conduct security concerns. Clearance denied. CASE NO: 09-08300.h1


Drugs

01/13/2011

From March 2006 until May 2009, Applicant used marijuana while he was in college. During the same period, he used Ritalin, Focalin, and Adderall without a prescription. Since leaving college, he no longer associates with individuals using illegal drugs and has stated he will not use illegal drugs or legal drugs illegally in the future. Applicant has mitigated the security concerns under drug involvement. Clearance is granted. CASE NO: 09-07919.h1


Personal Conduct; Foreign Influence; Foreign Preference; Financial

01/13/2011

Applicant mitigated security concerns under Guidelines B, C, and F. However, he falsified his 2004 security clearance application and deliberately disregarded his company's out-processing procedures after he was terminated from his employment while deployed to Iraq. He stayed with an Iraqi friend in Iraq without notifying his employer, and he failed to return and used without authorization the two U.S. government identification badges issued to him after he was terminated from his employment. His actions show questionable judgment, untrustworthiness, unreliability, lack of candor, and an unwillingness to comply with rules and regulations. Clearance denied. CASE NO: 09-07647.h1


Foreign Influence

01/13/2011

Applicant failed to mitigate the security concern posed by either his Russian wife, his stepdaughter, or his Ukrainian friends. Clearance is denied. CASE NO: 09-07466.h1


Financial Considerations

01/13/2011

In late 2007, Applicant's wife left him, he lost his job, was diagnosed with cancer, and began essential treatment without health insurance. Having depleted his personal resources and 401k savings, he resorted to credit to finance his medical bills and expenses. He has since satisfied six of 10 delinquent debts. The remaining debts are in timely repayment. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 09-06498.h1


Guideline F; Guideline E

01/13/2011

Legal judgements provided substantial evidence of Guideline F security concerns. Evidence that Applicant committed an act of fraud provided substantial evidence of Guideline E security concern. Applicant failed to mitigate these concerns. Judge’s comments that suggested he found security concerns in Applicant’s choice of forum were harmless error. Adverse decision affirmed. CASE NO: 09-05963.a1


Guideline F; Guideline E

01/13/2011

Judge’s material findings of security concern were supported by substantial record evidence. Judge reasonably explained why he concluded that Applicant had failed to mitigate the security concerns in Applicant’s case. Adverse decision affirmed. CASE NO: 09-05398.a1


Information Technology; Personal Conduct

01/13/2011

Applicant used his access privileges at a federal agency to search the personal computer files of prior employers, prior references, family members, and his ex-wife to find out what information they had provided during a security investigation. He did not inform his supervisor or security manager until after his investigation forced disclosure of his actions. Also, for a period of two decades, Applicant claimed to have fought in Vietnam when he had not, and wore military medals that he had not been awarded. His conduct indicates poor judgment, lack of candor, and untrustworthiness. Clearance is denied. CASE NO: 09-02821.h1


Financial

01/13/2011

Applicant's financial problems are the result of circumstances beyond his control. He understands the importance of maintaining financial responsibility and what is expected of him to be eligible for a security clearance. 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: 08-08529.h1


Personal Conduct; Criminal Conduct

01/13/2011

Applicant used marijuana at least five times between 2003 and 2007. He twice received UCMJ Article 15 punishment for using marijuana while in the military. His drug use resulted in his early discharge, and he deliberately omitted his drug use from a 2007 Public Trust Position Application (SF 85P). In 2008, he was arrested for child neglect. In 2009, he falsified facts about his drug use in an interview with a Government investigator. Applicant did not submit any information to mitigate the security concerns about his personal conduct and his criminal conduct. Public trust position eligibility is denied. CASE NO: 08-04879.h1


Financial

01/12/2011

Applicant has not mitigated the security concerns under the financial considerations guideline. He has approximately $42,000 in delinquent debts that has not been resolved. Clearance is denied. CASE NO: 10-02883.h1


Foreign Influence

01/12/2011

Applicant mitigated the Government's security concerns under Guideline B, Foreign Influence. Applicant's eligibility for a security clearance is granted. CASE NO: 10-02584.h1


Foreign Preference

01/12/2011

Applicant is a dual citizen of the United States and Brazil. He maintains and uses a Brazilian passport to facilitate international travel. He expressed no unequivocal willingness to invalidate, destroy, or relinquish his Brazilian passport. Foreign preference security concerns remain unmitigated. Clearance denied. CASE NO: 10-00463.h1


Financial

01/12/2011

Applicant is 33 years old. He was arrested in 2001 for soliciting a prostitute and pled guilty to a lesser charge of indecent exposure. In 2008, he pled guilty to soliciting a prostitute. Applicant failed to mitigate the security concerns under Guideline B, Sexual Behavior, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 10-00374.h1


Criminal Conduct

01/12/2011

For a 1989 incident, Applicant was incarcerated as an accessory after pleading no contest to charges of aggravated assault, robbery, attempted murder, and carrying a concealed weapon. Then a teenager, he was sentenced to 13 years in prison, but was released after five years for good behavior. In the intervening 22 years, Applicant has actively sought rehabilitation through advanced education, professional achievement, religious devotion, community outreach, genuine contrition, and the education of his four children. Despite the severity of his crime, Applicant's rehabilitative efforts have been extraordinary. Criminal conduct security concerns are mitigated. Clearance is granted. CASE NO: 09-08252.h1


Financial Considerations

01/12/2011

With previous experience in real estate investment, Applicant bought two properties in 2006 with the intention of "flipping" them in about a year. When the market declined and the seller reneged on a lease-back agreement, he exerted considerable effort and personal debt to avoid foreclosure. To date, he is trying to work with the bank to resolve his obligations. Financial considerations security concerns are mitigated. Clearance is granted. CASE NO: 09-07819.h1


Foreign Influence

01/12/2011

Applicant is 56 years old and married with two children. Applicant and his wife were born in Lebanon. He has lived in the United States for 24 years, and became a United States citizen in 2000, as did his wife. He owns his own home in the United States, and has no foreign investments, property, or financial interests. His parents and sister live in Lebanon, as do his wife's family. Applicant has annual contact with his parents and very little contact with his wife's relatives. Applicant mitigated the foreign influence security concern. Clearance is granted. CASE NO: 09-07266.h1


Financial

01/12/2011

In 2004, Applicant was laid off from his job as an airline mechanic. Six months later he discovered his son had dyslexia. Because the school did not have the resources to educate the child with this condition, Applicant's wife decided to give up her employment and continue to educate the child at home. Applicant exercised good judgment in trying to establish payment plans for the delinquent debts. However, he demonstrated poor judgment in not seeking alternative courses of action after incurring the large, delinquent debt he could not repay, and learning the creditors would not negotiate with him. Eligibility for access to classified information is denied.


Criminal Conduct; Sexual Behavior

01/12/2011

Security concerns raised under Criminal Conduct and Sexual Behavior are not mitigated. Clearance is denied.


Financial

01/12/2011

Applicant remains delinquent on two home mortgages collectively totalling more than $880,000, and foreclosure proceedings are ongoing, generating a financial considerations security concern that she failed to mitigate. Clearance is denied. CASE NO: 09-06091.h1


Foreign Preference

01/12/2011

Applicant relinquished his Canadian passport. Clearance is granted. CASE NO: 09-05796.h1


Financial

01/12/2011

Although Applicant is paying on a state tax obligation and satisfied his child support debt, he is seeking bankruptcy relief for his remaining debts. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-05110.h1


Financial

01/12/2011

Applicant incurred numerous delinquent debts after she lost her job in 2002 and was unemployed and underemployed for about 20 months. She has since resolved all her delinquent debts except one, on which she is making partial payments. Clearance is granted. CASE NO: 09-02281.h1


Drug Involvement; Personal Conduct

01/12/2011

Applicant has not mitigated the security concerns under the drug involvement and personal conduct guidelines. Applicant used illegal drugs and deliberately falsified his 2000, 2002, and 2007 security clearance application by failing to disclose his illegal use of marijuana and ecstasy from approximately 1990 to 2009. He held a security clearance during this time. Clearance is denied. CASE NO: 08-01973.h1


Personal Conduct

01/11/2011

Applicant is a 56-year-old man who is seeking a security clearance. The evidence shows Applicant engaged in child-sexual abuse in 1994, when he molested his then 13- year-old stepdaughter while her mother (and his then wife) was hospitalized for mental- health reasons. Even though this one-time event occurred long ago, and Applicant self- reported the abuse and completed a sex offenders treatment program, his conduct continues to undermine his trustworthiness and good judgment. Clearance is denied. CASE NO: 09-05834.h1


Financial; Personal Conduct

01/11/2011

Applicant owed on two collection debts and became delinquent on his home mortgage resulting in foreclosure. Applicant did not produce evidence of payment or a payment plan on the delinquent debts. He did not mitigate the Financial Considerations security concern. 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: 09-05419.h1


Guideline J; Guideline K; Guideline H: Guideline E

01/11/2011

Applicant’s complaint about the time required to process his case is outside the Board’s jurisdiction. Applicant’s claims of denial of due process and erroneous factual findijngs on the part of the Judge are not persuasive. Adverse decision affirmed.


Financial

01/11/2011

The Applicant has made a good-faith effort to pay her past due indebtedness. She has shown sufficient rehabilitation. Clearance is granted. CASE NO: 09-04505.h1


Financial; Criminal Conduct; Personal Conduct

01/11/2011

Although the Applicant's past Criminal Conduct and related Personal Conduct have been mitigated with the passage of time, he has failed to address his substantial past due debts. Only recently, he has retained counsel with the intention of filing a Chapter 7 Bankruptcy. This is too little too late. Sufficient rehabilitation has not been shown vis-a-vis his financial difficulties. Clearance is denied. CASE NO: 09-04393.h1


Personal Conduct; Drugs; Criminal Conduct

01/11/2011

Applicant was arrested in November 2008 for driving under the influence, having an open container, and possession of drug paraphernalia. The case was later dismissed. He smoked marijuana three times between 2003 and 2008, and allowed co- workers to smoke marijuana in his car. He falsified his security clearance application by failing to disclose his past marijuana use. Applicant successfully mitigated drug involvement concerns. However, he was unable to mitigate personal and criminal conduct concerns related to the falsification of his security clearance application. Clearance is denied.


Foreign Influence, Personal Conduct, Financial

01/11/2011

Applicant left his native Afghanistan and came to the United States in 1986 as a refugee. He became a naturalized citizen in 1997. His wife and stepchild are naturalized U.S. citizens and residents. He worked as an interpreter for a defense contractor in Afghanistan from January 2005 until October 2006 when he was terminated for deliberating failing to follow security regulations related to travel in the region. Subsequently, he was underemployed and unemployed for periods of time, which affected his ability to pay his primary and secondary mortgages. He has since refinanced his primary mortgage and is current with that mortgage. He has been unable to pay his second mortgage because of his limited salary. The bank has secured its interest with a lien. He did not provide any documentation of steps that he has taken to resolve that debt or reach an agreement with the bank regarding it. He mitigated the foreign influence concerns raised by his four siblings, who are residents and citizens of Afghanistan and with whom he maintains contact, in addition to his $10,000 interest in a family residence. He failed to mitigate the personal conduct and financial considerations' security concerns. Clearance is denied.


Guideline E

01/11/2011

Judge’s adverse credibility determination is reasonably supported by the record, as is his determination that Applicant engaged in falsification. Judge’s whole-person analysis is sustainable. Adverse decision affirmed.


Financial

01/10/2011

Applicant is 57 years old and employed as a Production Scheduling Planner by a defense contractor. Applicant's underemployment and unemployment caused his financial indebtedness. Since April 2009, he has had full time employment, but has not been able to resolve his delinquent indebtedness totaling almost $100,000.00. He plans to file Chapter 13 Bankruptcy, but has just hired an attorney and started paying attorney fees for the services. At the present time, there is insufficient evidence of financial rehabilitation. Clearance is denied. CASE NO: 10-02886h1


Guideline G

01/10/2011

The Judge conclusion that concerns raised by Applicant’s lengthy alcohol history have not been mitigated are sustainable on this record. Adverse decision affirmed.


Guideline F

01/10/2011

A judge is presumed to have considered all the record evidence. In this case the Judge explicitly the favorable aspects of the record cited by Applicant on appeal. The Judge plausibly explained why they were not sufficient to mitigate the security concerns in Applicant’s case. Adverse decision affirmed.


Guideline F

01/10/2011

The Board and the Judge are bound by the provisions of the Directive. The Board does not have authority to waive provisions of the Directive. Nor does it have authority to entertain challenges to the wisdom or legality of the Directive. Adverse decision affirmed.


Financial; Personal Conduct

01/07/2011

Applicant owed about $18,043.62 in delinquent credit card debt and $156 in past due medical debt as of January 2010. He was also behind about $3,392 on his mortgage. Financial concerns are mitigated because he settled or satisfied the debts by refinancing his mortgage in February 2010, and the debts were incurred because of factors outside of his control. Personal conduct concerns are not mitigated because Applicant falsely denied any delinquent debt when he applied for his security clearance and he has not shown that the Government can rely on his representations. Clearance denied. CASE NO: 09-06554.h1


Personal Conduct; Criminal Conduct

01/07/2011

Applicant's record of arrests and other misconduct between 1991 and 1997, raised security concerns under Guideline E. Applicant also deliberately omitted information about his arrests and about delinquent debts from his 2008 e-QIP. His falsifications constituted recent criminal conduct, and undermine confidence in his trustworthiness and judgment. Clearance is denied. CASE NO: 09-04819.h1


Financial

01/06/2011

Applicant has eight debts totaling $111,300. Her debts have been ongoing for several years. Except for making modest payments on three accounts, her remaining debts remain unpaid or unresolved. Her limited success in repaying those three accounts was overshadowed by her taking six vacation cruises and purchasing an expensive new automobile while ignoring her creditors. Eligibility for access to classified information is denied. CASE NO: 11-00771.h1


Financial

01/06/2011

Applicant is a 39-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties consisting of five delinquent accounts for a total of about $14,341. Although the debts are longstanding, and he has various explanations for them, none of the debts are paid, settled, or otherwise resolved. Applicant does not have a realistic plan in place to resolve them. Applicant failed to present sufficient evidence to overcome the security concerns stemming from his problematic financial history. Clearance is denied. CASE NO: 10-04402.h1


Financial

01/06/2011

Applicant has one overdue debt, which he has strongly disputed to the creditor, the collection agencies, the credit reporting agencies, and, because he believes the debt is the result of identity theft, he has even filed a report with the police. If somehow it was proven that the debt was his, he has the means and would pay the debt. Mitigation has been shown. Clearance is granted.


Financial Considerations

01/05/2011

Applicant has not mitigated the Financial Considerations security concern. Eligibility for access to classified information is denied. CASE NO:10-01346.h1


Financial

01/05/2011

Applicant is a 29-year-old employee of a federal contractor. The evidence shows Applicant has a history of financial problems or difficulties, which are ongoing. Applicant failed to present sufficient evidence to overcome the security concerns raised by her history of financial problems. Clearance is denied. CASE NO: 10-00848.h1


Financial

01/05/2011

Applicant owed about $45,000 in delinquent credit card debt and about $467 in child support arrearage when he applied for his security clearance in April 2009. He paid off his child support in July 2009, and in February 2010, he settled a $10,319 past due credit card balance. But he has had to borrow from lines of credit to pay some expenses. While he intends to work overtime for the funds to settle his remaining debt when he returns to work from temporary disability, it is too soon to conclude that his financial problems are behind him. Clearance denied. CASE NO: 09-06111.h1


Financial

01/05/2011

Between 2003 and 2009, Applicant accumulated approximately $28,000 of delinquent debt as a consequence of low paying positions, a long period of unemployment, and a boyfriend who abused her credit cards. She acknowledged 10 of the 24 debts and resolved three debts of those, totaling $2,700. Her actions in regard to those debts were a good-faith effort to resolve her obligations given her limited income. However, she has not obtained credit counseling or formally disputed the 14 debts that she denied owing, despite having ample time to investigate them since learning of the government's security concerns. Applicant failed to mitigate the security concerns raised under the financial considerations guideline. Clearance is denied.


Financial

01/05/2011

Applicant works for a defense contractor. She has nine delinquent debts totaling $36,516 dating from 2007. Applicant provided evidence that she resolved three debts that total $12,714 and intends to repay the others in an orderly manner as her income allows. Applicant mitigated the financial considerations security concern. Clearance is granted. CASE NO: 09-04353.h1


Alcohol Consumption; Criminal Conduct; Personal Conduct

01/05/2011

Applicant is 43 years old. She is has four driving under the influence of alcohol convictions. She remains on probation until May 2011 for her last conviction. She has abstained from alcohol consumption since June 2010. When she completed her security clearance application, she disclosed her pending charges and that she had prior alcohol-related incidents, but mistakenly did not list all of them because she previously listed them on an earlier security clearance application. Applicant mitigated the Guideline E, Personal Conduct security concerns regarding her omission, but failed to mitigate the security concerns under Guideline G, Alcohol Consumption, and Guideline J, Criminal Conduct. Clearance is denied. CASE NO: 09-03797.h1


Guideline F

01/04/2011

A Judge is not limited to considering only those debts alleged in the SOR. Non-SOR debts may also be considered on other issues, such as extenuation, mitigation, and credibility. Adverse decision affirmed. CASE NO: 09-06771.a1


Guideline F

01/04/2011

Applicant made no assertion of harmful error. The Board cannot consider the new evidence he submitted on appeal. Adverse decision affirmed. CASE NO: 09-04745.a1


Guideline J; Guideline E

01/04/2011

Record contains two warrants issued against Applicant. They provide substantial evidence that Applicant committed criminal conduct and that he made false statements during his clearance interview. Evidence that Applicant was unaware of the warrants does not provide a reason to believe that he did not commit the underlying criminal acts. Favorable decision reversed. CASE NO: 08-08831.a1


Financial; Personal Conduct

006/09/2011

The Applicant has not mitigated the security significance of his past due indebtedness. He also falsified a government questionnaire and was not candid with an investigator. He has not shown sufficient rehabilitation. Clearance is denied. CASE NO: 10-02236.h1


Financial; Personal Conduct

12/08/2011

Applicant incurred delinquent debt when he was laid off from a position with a good salary and was unemployed for approximately a year. Even though he has been employed for almost two years at a lower salary and has sufficient income to pay his delinquent debts, he has not made sufficient attempts to contact creditors to make payments on his past-due debts or establish payment plans. He has not shown a good-faith effort to resolve his financial issues. He did not deliberately fail to provide sufficient financial information on his public trust application. Eligibility for access to sensitive information is denied. CASE NO: 10-06574.h1


Financial; Personal Conduct

11/30/2011

Applicant incurred delinquent debt for 23 medical bills, two car repossessions, and a telephone bill. He did not inquire of the creditors concerning the debts or make arrangements to pay them. His present finances are current, but he has not paid any of his past due debts. He mitigated public trust concerns for his responses to repossession and job termination questions on a declaration for federal employment and an application for a public trust position. Eligibility for access to sensitive public trust information is denied. CASE NO: 10-00354.h1


Financial

11/04/2011

Applicant did not pay his child support obligations when he lacked funds because of payment of other debts and in retaliation of his wife not allowing required visitation rights. He paid the child support arrears and is now current with child support. He is current with his student loans which are paid by payroll deduction. He cannot locate another creditor and two other debts are not his debts. He filed disputes on these three debts which have not yet been resolved. Applicant mitigated security concerns for financial considerations. Access to classified information is granted. CASE NO: 10-02939.h1


Financial

10/31/2011

Applicant’s wife opened two credit accounts without his knowledge or permission. He provided her with funds while he was deployed away from their home to pay the family bills including an account they opened jointly. She did not pay their bills and, in fact, took affirmative steps to keep him from learning of the deficiencies. He contacted creditors and is making arrangements to pay the accounts. He successfully disputed one of the SOR debts. He mitigated the security concern for financial considerations. Eligibility for access to classified information is granted. CASE NO: 10-08789.h1


Drug Involvement

10/28/2011

Applicant used marijuana with varying frequency from April 1999 until February 2010, including while in high school, college, and when he was first employed. He has not used marijuana since February 2010, he no longer associates with those who use drugs, and he has changed his social environment. He is more mature, wiser, and realizes the adverse affects of drug use on his health and professionalism. Applicant mitigated his drug use by establishing a change of life circumstances. Eligibility for access to classified information is granted. CASE NO: 10-11126.h1


Financial

09/29/2011

Applicant incurred delinquent debts when he had to leave college and his apartment to care for his mother who was injured in a severe automobile accident. He also incurred delinquent debt when he was seriously injured on the job and had to close his business because he was physically unable to do the job. Applicant contacted his creditors. He paid some of the debts and tried to arrange payment plans with other creditors. Most creditors did not have records of the debt sufficient to make settlement offers. Applicant’s present debts are current or being paid. Applicant mitigated public trust concerns based on his finances. Access to sensitive information is granted. CASE NO: 11-00719.h1


Financial

09/29/2011

Applicant encountered delinquent debt when she was laid off in 2009 and was unemployed for six months. She paid most of the debts listed in the SOR and has payment plans for the remaining SOR debts. She paid or is paying debts not listed on the SOR. Applicant mitigated security concerns passed on financial considerations. Eligibility for access to classified information is granted. CASE NO: 10-03474.h1


Criminal Conduct; Personal Conduct

09/29/2011

At the request of his future wife, Applicant installed surveillance cameras in her home in 2004 to monitor her daughter for self-destructive activities. Other people, including two au pairs, were monitored by the surveillance system. Applicant and his wife deleted most of the images but some were left on a computer for further review. Applicant pled guilty to a misdemeanor for improper use of surveillance cameras and was sued by the au pairs for invasion of privacy. He was placed on probation and paid a settlement to au pairs. Applicant moved but did not install surveillance equipment in his new home. His wife’s daughter no longer requires monitoring. Applicant mitigated security concerns for personal and criminal conduct. Access to classified information is granted. CASE NO: 10-01397.h1


Foreign Influence

09/16/2011

Applicant is an ethnic Kurd who fled Iraq as a military deserter in 1990 rather than fight against coalition forces for a dictator. Five of his siblings are still citizens of Iraq residing in the Kurdish section of Iraq. He has seen them only once in 1996 when he attended his father’s funeral. He talks to them infrequently by phone on religious holidays. He has had no contact with them in over two years. He has served as a trainer of military personnel for almost four years. He has been commended for his work as a trainer. Applicant mitigated security concerns for foreign influence. Clearance is granted. CASE NO: 10-05493.h1


Foreign Influence

09/09/2011

Applicant and his family fled Iraq as a Kurdish refugee under the auspices of the United States in 1996 because his father had worked for United States forces protecting the Kurdish people. His family members are residents and citizens of the United States. His in-laws and uncles are still residents and citizens of Iraq. He has minimal contact with them. He has served two tours of duty in Iraq for over four years as an interpreter for United States armed forces. He has been praised by military commanders for his interpreting duties and commended by them for his willingness to serve with the troops in the field under harsh conditions. Applicant mitigated security concerns for foreign influence. Clearance is granted. CASE NO: 10-06726.h1


Financial; Personal Conduct

09/08/2011

Applicant incurred medical debts from co-pays and the remaining debt after insurance payments. He experienced income reduction when he lost employment from lay-offs and company closures. He has paid most of the medical debts and is paying the three remaining medical debts. His mortgage and student loans are current. He presented four checks for payment without sufficient funds over eight years ago. He had not kept adequate and sufficient account of his funds. He paid fines, costs, and restitution. Eligibility for access to classified information is granted. CASE NO: 10-01645.h1


Drug Involvement

08/31/2011

Applicant used marijuana three to five times a week from 1995 until May 2009. He used about five time from May 2009 until May 2010 when he stopped using marijuana. Applicant has not presented sufficient information to establish changed circumstances or lifestyle indicating he will not use illegal drugs in the future. Access to classified information is denied. CASE NO: 10-09145.h1


Financial

08/31/2011

Applicant incurred financial problems when he retired from active duty and his pay was cut. He filed a Chapter 13 bankruptcy, and the debts he had at the time were discharged. However, he incurred other significant debts, including federal and state taxes, because he did not adequately account for his pay as a real estate agent and pay quarterly estimated taxes. He did pay some small debts, but he still has significant debts he has not resolved or addressed. Applicant failed to provide sufficient information to mitigate financial considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-04575.h1


Financial

08/11/2011

Applicant incurred delinquent debt because of her daughter’s medical treatment. She was unable to obtain health insurance for her daughter because of a pre-existing medical condition. Her former husband did not provide child support as required. Applicant paid some of the debt and has a plan to pay the remaining debts. Applicant mitigated security concerns for financial considerations. Clearance is granted. CASE NO: 10-02609.h1


Drug Involvement; Personal Conduct

08/08/2011

Applicant used marijuana from 1999 through December 2009. He purchased marijuana with others for personal use. He was arrested and convicted of drug possession in 2002. Applicant now has a good job, is well thought of by his coworkers and supervisors, and has shown his intent not to use drugs in the future. He has had three negative drug tests in 2011. He has not mitigated the security concern about drug use because not enough time has passed to offset the security concerns of over ten years of drug use. Applicant mitigated security concerns for his responses to drug use questions on a security clearance application. Eligibility for access to classified information is denied. CASE NO: 10-04042.h1


Drug Involvement; Personal Conduct

08/08/2011

Applicant used marijuana from 2001 until joining the Marine Corps in 2005. He used psilocybin (psychedelic mushrooms) in 2001. He did not use marijuana again until just prior to leaving the Marine Corps in August 2009. He deliberately failed to disclose his 2001 to 2005 drug use on his October 2007 security clearance application. Applicant has not mitigated security concerns for his drug involvement and personal conduct. Eligibility for access to classified information is denied. CASE NO: 10-02617.h1


Financial

08/04/2011

Applicant incurred delinquent debt when she was laid off by her first employer, was unemployed for eight months, and her position with a subsequent employer was downgraded, and she was then at a lower hourly salary level. She found a part-time position to help with her finances. She paid one SOR debt in full, other non-SOR debts in full, is current with payment plans on two other SOR debts, and has agreed to sell her house at a short sale to satisfy the mortgage. She has only one debt remaining for which she is attempting to negotiate a payment plan. The creditor is demanding large payments Applicant cannot afford. Applicant has mitigated security concerns based on her finances. Eligibility for access to classified information is granted. CASE NO: 10-04483.h1


Financial; Personal Conduct

08/04/2011

Applicant incurred delinquent debt because of her own financial mismanagement. She paid some of her debts. For most of her debts, she has not contacted creditors or resolved the debts. She has not mitigated trustworthiness concerns based on her finances. She did mitigate trustworthiness concerns based on her personal conduct. Eligibility for access to sensitive information is denied. CASE NO: 10-01867.h1


Alcohol Consumption; Sexual Behavior; Criminal Conduct

07/28/2011

Applicant drank alcohol to excess and became intoxicated. He exposed his genitalia in the presence of a five-year-old girl. He was convicted of indecent exposure. Applicant has not mitigated security concerns about his conduct. Eligibility for access to classified information is denied. CASE NO: 10-05039.h1


Personal Conduct

07/27/2011

Applicant was prescribed a narcotic drug by his physician to control knee pain. When the physician started to lower the dosage, Applicant experienced side effects. Instead of informing his doctor, he ordered a higher dosage of the medicine over the internet, had it delivered to a vacant house, and used a false money order number to pay for the drugs. When confronted by law enforcement, he informed his physicians, followed their advice, overcame the addiction, and successfully completed a substance abuse program, Applicant has not used the drug for almost two years. Applicant mitigated the security concern for personal conduct. Eligibility for access to classified information is granted. CASE NO: 10-03233.h1


Personal Conduct

07/25/2011

Applicant submitted a voucher claiming reimbursement for travel at a fictitious lodging establishment after being advised by his company's travel clerk he was not entitled to reimbursement for lodging at a relative's house. Eligibility for access to classified information is denied. CASE NO: 09-07597.h1


Alcohol Consumption; Personal Conduct

07/25/2011

Applicant was involved in alcohol-related misconduct at work and away from work in March 2008, December 2008, and January 2009. Her employer referred her to an alcohol treatment program as a condition of employment. She was diagnosed with alcohol abuse. She participated for a minimum time in alcohol-related treatment but withdrew when she changed jobs. She was told to report her involuntary alcohol-related treatment to her FSO but failed to do so. Applicant did not mitigate security concerns for alcohol consumption and personal conduct. Eligibility for access to classified information is denied. CASE NO: 09-07329.h1


Financial

06/10/2011

Applicant presented evidence that she satisfied several debts, but she presented no documentary evidence that she made efforts to resolve or satisfy her remaining debts. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-03738.h1


Financial

06/09/2011

Applicant incurred delinquent debt when his house was foreclosed after he moved for a new position and he could not sell or rent the house because of the market downturn. He also was unemployed for a time because he had to care for his sick mother. His son came to live with him increasing his household expenses. He has child support payments in arrears. He does not have a foreclosure debt since his house was purchased using a VA guaranteed loan which has paid the mortgage. His child support arrears are paid by garnishment. He used a recent tax refund to pay 14 of his debts totaling payments of over $5,600. He contacted all of his remaining creditors and is waiting for information from them to establish payment plans. Applicant established a good-faith effort to pay or resolve his debts. He presented adequate information to mitigate security concerns based on financial considerations. Eligibility for access to classified information is granted. CASE NO: 10-03688.h1


Financial; Personal Conduct

06/09/2011

Applicant incurred delinquent debt caused by multiple lay-offs. He consulted a debt consolidation company which consolidated his debts. He paid his debts under the consolidated program until he was laid off and could no longer make the payments. After becoming employed again, he filed a Chapter 13 bankruptcy including his debts in the plan. He has made the monthly bankruptcy payments since June 2010. Applicant mistakenly provided inaccurate information concerning marijuana use in high school in the 1980s. Applicant provided adequate information to mitigate security concerns based on his financial situation and his personal conduct. Eligibility for access to classified information is granted. CASE NO: 10-00420.h1


Financial

06/04/2011

Although Applicant presented evidence that he satisfied two debts, he presented no evidence that he made efforts to resolve or satisfy his remaining debts. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 09-06088.h1


Financial, Criminal Conduct

05/31/2011

Applicant incurred delinquent debts starting in 2006 including credit cards, his house mortgage, and a car repossession. He also had delinquent child support payments. The state filed criminal charges for failure to pay the child support. Applicant sent child support to his former wife but was not credited with payment by the state. He filed three Chapter 13 bankruptcy petitions. He took reasonable action to make payments to the wage earners plan in only one of the petitions. Applicant paid the child support arrears and was released early from probation completing the criminal complaint. He has not presented information of payment of other debts or a plan to pay them. Applicant mitigated the criminal conduct concern. He did not mitigate security concerns based on financial considerations. Eligibility for access to classified information is denied. CASE NO: 10-00855.h1


Financial

05/25/2011

Applicant incurred delinquent debt from business and investment failures that she has not paid. In a new business venture, she is attempting to become a government contractor. She filed a Chapter 13 bankruptcy which was dismissed because of her failure to provide requested financial documents. She recently filed a Chapter 7 bankruptcy. Applicant has not established reasonable and responsible actions in regard to her past due obligations that are sufficient to mitigate security concerns based on her finances. Access to classified information is denied. CASE NO: 09-08381.h1


Financial

05/25/2011

Applicant incurred delinquent debt when he experienced a severe medical problem as a student without health insurance. He had to use credit cards to pay some of the medical bills and for living expenses. He paid some of his medical bills and some of his credit card debt, and has a plan to continue to pay these debts. He provided sufficient payment information to mitigate security concerns about his finances. Eligibility for access to classified information is granted. CASE NO: 09-06552.h1


Alcohol Consumption, Psychological Conditions, Personal

05/20/2011

Applicant had a number of alcohol-related incidents to include a driving while intoxicated conviction and an altercation with a co-worker after consuming alcohol. She was diagnosed with personality disorder and alcohol dependence. She still consumes alcohol. She failed to list cocaine use on her security clearance application. Access to classified information is denied. CASE NO: 09-05444.h1


Financial

05/19/2011

Applicant incurred delinquent debts after a 2008 discharge in bankruptcy. He had two periods of unemployment from job layoffs after the bankruptcy discharge, but he did not make a connection between the layoffs and his failure to pay debts. During the time he was laid off, he received unemployment compensation, had some income from small jobs, and his wife was continuously employed. Applicant failed to mitigate security concerns based on his finances. Eligibility for access to classified information is denied. CASE NO: 10-00976.h1


Foreign Influence

05/11/2011

Applicant is 55 years old. He served at a United States embassy for 24 years before being granted a Special Immigration visa because of his loyalty and dedication to the United States. He was born in India and is now a naturalized citizen of the United States. His parents and a brother live in India and he has some financial assets there. Applicant provided persuasive evidence that he would resolve any conflicts in favor of the United States. He has successfully mitigated the security concerns under Guideline B, Foreign Influence. Clearance is granted. CASE NO: 10-08776.h1


Alcohol

05/09/2011

Applicant failed to mitigate alcohol concerns brought to light by three alcohol- related incidents, the most recent occurring in 2010. Guideline G, Alcohol Consumption concerns remain. Eligibility for access to classified information is denied. CASE NO: 10-02887.h1


Financial

04/29/2011

Applicant incurred delinquent debt in the mid-1990s when she was unemployed raising her children as a single mother on public assistance. She did not inquire about the debts until she learned of them in the security interview. However, she acted responsibly towards the debts by paying two and disputing three. She does not have sufficient information on the last debt to take any action. She pays her current debts as agreed. She presented sufficient information to mitigate security concerns based on her finances. Access to classified information is granted. CASE NO: 09-07782.h1


Information Technology; Personal Conduct \

04/29/2011

Applicant violated company policy by viewing approximately 6,000 pornographic images on his company computer. He failed to produce sufficient evidence to mitigate the security concerns. Clearance denied. CASE NO: 09-03136.h1


Financial

04/27/2011

Although Applicant mitigated several debts, he failed to act on a delinquent second mortgage. The passage of time did not mitigate his conviction for larceny as it related to his reliability, trustworthiness, and good judgment. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-00089.h1


Financial; Personal Conduct

04/25/2011

Applicant has significant delinquent debt that she has not resolved. She resolved a small number of her delinquent debts but has not presented a credible plan on how she will resolve her remaining delinquent debt. She deliberately failed to provide on her public trust application information concerning her significant delinquent debt past due more than 180 days. Access to sensitive information is denied. CASE NO: 10-05439.h1


Financial

04/22/2011

Applicant presented no evidence that he made efforts to resolve or satisfy his past due debts, including 24 state tax liens. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-07951.h1


Drugs; Personal Conduct

04/22/2011

Applicant used marijuana on multiple occasions between 1996 and 2007. His use of marijuana included times when he was in the Navy and held a top secret security clearance with sensitive compartmented information (SCI) access. He lied about the full extent of his drug use on multiple security clearance applications and in multiple interviews with investigators. Clearance denied. CASE NO: 10-01237.h1


Financial Considerations

04/21/2011

Applicant is 24 years old. While married, she and her husband accumulated many joint debts that are unpaid. She has accepted responsibility for paying the debts. He has not. She has approximately 33 delinquent debts, totaling approximately $66,000. She intends on paying the debts, but at this juncture she has not resolved most of them. Applicant failed to mitigate the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-05277.h1


Foreign Influence

04/15/2011

Applicant had several relatives living in Iraq. She performed dangerous work as a linguist for U.S. forces in Iraq on two separate occasions. Applicant mitigated the Foreign Influence security concerns. Applicant’s eligibility for a security clearance is granted. CASE NO: 09-07940.h1


Financial; Personal Conduct

04/01/2011

Applicant is delinquent on 11 debts. He did not produce evidence of payment or a payment plan on the delinquent debts. He did not mitigate the Financial Considerations security concerns. The Government established that Applicant deliberately falsified his security clearance application. Applicant failed to mitigate this concern. Eligibility for access to classified information is denied. CASE NO: 09-00776.h1


Financial

03/31/2011

Applicant was delinquent on five debts. He paid or settled three debts and set up payment plans and made payments on the remaining two debts. Applicant provided sufficient evidence to mitigate the overall security concerns related to his finances. Eligibility for access to classified information is granted. CASE NO: 09-08104.h1


Financial

03/29/2011

Applicant has significant credit card debt totaling over $109,000. He refuses to pay the debts because of what he terms the creditors' predatory lending practices. Eligibility for access to classified information is denied. CASE NO: 10-07382.h1


Financial

03/29/2011

Applicant was delinquent on three debts. He paid two debts and disputed the third. Applicant provided sufficient evidence to mitigate the overall security concerns related to his finances. Eligibility for access to classified information is granted. CASE NO: 10-03971.h1


Financial

03/28/2011

Applicant left a steady job and comfortable lifestyle to join his wife in two esoteric and risky business ventures. When those ventures failed, he and his wife obtained a Chapter 7 bankruptcy discharge. Since the bankruptcy, he has been unemployed or underemployed and unable to resolve delinquent debts that arose after his discharge. Clearance is denied. CASE NO: 09-06465.h1


Alcohol DIGEST: Applicant failed to mitigate alcohol concerns brought to light by three alcohol-

03/25/2011

Applicant failed to mitigate alcohol concerns brought to light by three alcohol- related criminal charges, the most recent occurring in 2008. Guideline G, Alcohol Consumption concerns remain. Eligibility for access to classified information is denied. CASE NO: 08-10735.h1


Financial; Criminal

03/22/2011

Applicant has over $20,000 in delinquent debt. She recently entered a payment plan with a credit counseling agency to assist her in paying a limited part of her delinquent debt obligation. She has not mitigated security concerns based on her finances. She has mitigated security concerns for criminal conduct since the alleged offenses are not recent, have been resolved, and are so minor that they do not cast doubt on her reliability, dependability, and trustworthiness. Eligibility for access to classified information is denied. CASE NO: 10-03004.h1


Foreign Influence

03/14/2011

Applicant left his native Pakistan and came to the United States in 1989. He has remained and established a life here. Applicant became a U.S. naturalized citizen in 2008. That same year he married a citizen and resident of Pakistan, who resides with him. They have a young child. His parents and three siblings are citizens and residents of the United States. He mitigated the foreign influence concerns raised by one sibling, his brother-in-law (a commander in the Pakistani navy), and three in-laws, who are citizens and residents of Pakistan. Clearance is granted.


Financial

03/11/2011

Applicant's debts were discharged in 2003 by bankruptcy after her husband used their credit cards to purchase illegal drugs. Applicant entered an arrangement to co-purchase a house. The co-purchaser was to pay the mortgage, but defaulted on the payments. The co-purchaser and Applicant executed a document to relieve Applicant of responsibility for the property and the mortgage. They learned there were significant legal issues with the property and mortgage. The house was foreclosed and Applicant's responsibility for the mortgage is not clear. Applicant established that her present finances are reasonably and responsibly managed. She mitigated financial trustworthiness concerns. Eligibility for access to sensitive public trust information is granted. CASE NO: 09-05936.h1


Financial

03/07/2011

Applicant was granted a bankruptcy discharge in July 2001 during the breakup of his first marriage. As of September 2009, Applicant and his current spouse owed a $160,259 mortgage debt for a home in foreclosure, and they were 180 days past due on a $6,082 installment loan debt that they had taken out in January 2009. On August 13, 2010, he paid $1,006 on the installment loan to bring it current, but he does not intend to make payments on the defaulted mortgage for his previous residence. Clearance denied. CASE NO: 10-01271.h1


Drugs; Personal Conduct

03/03/2011

Applicant was twenty years old when he used marijuana once before applying for a security clearance and three times after applying. He presented sufficient information to establish his intention not to use illegal drugs in the future. CASE NO: 10-03909.h1


Foreign Preference; Foreign Influence

03/03/2011

Applicant has frequent and close contact and relationship with his parents and siblings in Taiwan. He possesses a Taiwanese passport that does not expire until July 2012. He uses the passport to travel to Taiwan. He maintains his status as a resident of Taiwan and travels to Taiwan each year to visit his family. He has received a monetary benefit as a resident and citizen of Taiwan. Applicant has not mitigated security concerns for foreign influence and foreign preference. CASE NO: 09-05557.h1


Financial; Foreign Influence

02/25/2011

Applicant is 31 years old. When he was younger, he was financially irresponsible. He served in the Army, deployed to Iraq, and learned the importance of taking care of his finances. He attempted to resolve his one delinquent debt, but the creditor would not accept payment because they declared it a tax loss. He disputed it with the credit bureau and it is no longer on his credit history. Applicant's wife, two siblings, and parents-in-law are citizens and residents of Guatemala. His wife has applied for a visa and is waiting for approval. At this juncture, it is too early to conclude the Foreign Influence security concerns under Guideline B are mitigated. Applicant mitigated the security concerns under Guideline F, Financial Considerations. Clearance is denied. CASE NO: 10-01655.h1


Foreign Influence; Personal Conduct

02/25/2011

Applicant mitigated security concerns under Guidelines B. However, he failed to mitigate Guideline E security clearance concerns. He deliberately disregarded his military supervisor's orders and security policies while deployed. His overall behavior shows questionable judgment, untrustworthiness, unreliability, lack of candor, and an unwillingness to comply with rules and regulations. Clearance denied. CASE NO: 09-08642.h1


Financial

02/14/2011

Credit reports establish Applicant has over $23,000 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 presented sufficient information or documentation to mitigate financial consideration security concerns. Clearance is denied. CASE NO: 10-02238.h1


Drugs; Personal Conduct; Criminal Conduct

02/11/2011

Applicant's recent marijuana use while holding a security clearance and his deliberate falsifications of a security clearance application, to a DoD investigator, and in answering DOHA interrogatories about his drug use raise security concerns under Guideline H, Drug Involvement, Guideline E, Personal Conduct, and Guideline J, Criminal Conduct. Applicant failed to mitigate these concerns. Eligibility for access to classified information is denied. CASE NO: 10-00282.h1 DATE: 02/11/2011


Personal Conduct DIGEST: The evidence fails to establish some disqualifying conduct and Applicant

01/31/2011

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: 09-04023.h1


Criminal Conduct; Personal Conduct

01/31/2011

Applicant is 37 years old. From 1993 to 2008, Applicant was arrested, charged, and convicted of both felony and misdemeanor offenses, including forgery, burglary, and theft. In 1993, he was court-martialed, sentenced to confinement, and received a dishonorable discharge from the military. He was released early on parole. He violated his parole and was returned to jail. He was incarcerated for significant periods during this 15-year period. After his last period of incarceration, he was released on parole, which expired in October 2008. In December 2008 he deliberately failed to disclose information on his security clearance application. Applicant failed to mitigate the security concerns under Guideline J, Criminal Conduct, and Guideline E, Personal Conduct. Clearance is denied. CASE NO: 09-03362.h1


Personal Conduct

01/31/2011

While a reserve military officer, Applicant intentionally provided false and misleading information to law enforcement officials about the duties and responsibilities of another officer. He continued to provide false information up to and during his hearing. Clearance is denied. CASE NO: 08-01827.h1


Financial

01/24/2011

Applicant defaulted on three different mortgage debts and incurred a judgment that remains unpaid. Applicant did not mitigate the Financial Considerations security concerns. Eligibility for access to classified information is denied. CASE NO: 10-02534.h1


Foreign Influence; Foreign Preference

01/19/2011

Applicant is a translator who was born in the United States of Estonian parents who were refugees from communism. She is a dual citizen of Estonia and the United States. She has an Estonian passport and voted in Estonian elections. Her daughter resides in Estonia and works for an Estonian Government agency. She and her husband own property in Estonia. She has an Estonia bank account to facilitate her translation business. She knows some high level Estonian officials. Applicant mitigated security concerns because most of her contacts are casual and her interests in Estonia are based on culture, heredity or language. She established her sense of loyalty to the United States. Access to classified information is granted. CASE NO: 09-07511.h1


Foreign Influence; Foreign Preference

01/14/2011

Applicant came to the United States from Estonia as a refugee with his parents when he was 3 years old and became a United States citizen at age 14. He lived in an Estonian-American environment in the United States and knows high level Estonian officials. His daughter is a dual citizen of the United States and Estonia who works for the Estonian government and resides in Estonia. He held a security clearance for many years as an Air Force officer and government contractor. He applied for an Estonian passport in 2003 for business and personal convenience reasons. He surrendered the passport to his company's security officer. Applicant mitigated security concerns for foreign influence and foreign preference. Access to classified information is granted. CASE NO:08-11969 .h1


Financial Considerations: Criminal Conduct; Personal

01/13/2011

Applicant has a history of unwillingness or inability to meet his financial obligations established by credit reports and admitted by Applicant. He has not presented sufficient information to mitigate these financial considerations security concerns. He admitted that he deliberately provided false and misleading information on his security clearance application to get a job with a defense contractor. He mitigated criminal conduct concerns based on a simple assault offense. Clearance is denied. CASE NO: 10-02248.h1


Financial

04/29/2011

Applicant works for a defense contractor. She has six delinquent debts totaling $33,928. Applicant's financial problems have been ongoing since 2006. She admitted she ignored her delinquent debts because of the amounts owed. Applicant did not mitigate the financial considerations security concerns. Eligibility for a clearance is denied. CASE NO: 10-03856.h1


Alcohol; Criminal Conduct

01/31/2011

Applicant's use of alcohol to cope with his spouse's infidelity led to a January 2004 domestic assault offense, repeated violations of protective orders in 2004, and a November 2004 drunk driving incident. He completed court-mandated treatment for diagnosed alcohol abuse in 2005, but drove while impaired by alcohol in September 2008. A clinical social worker assessed Applicant as not having an alcohol problem in October 2008, but there is indication that Applicant was not upfront with her about his alcohol abuse. Despite 15 additional sessions of court-ordered alcohol counseling completed in May 2010, he continues to minimize the impact of alcohol on his behavior. Clearance denied. CASE NO: 09-00759.h1


Financial

12/29/2011

Applicant is a 37-year-old employee of a federal contractor. Applicant presented sufficient evidence to mitigate and overcome the security concerns stemming from her problematic financial history. Clearance is granted. CASE NO: 11-00543.h1


Financial

12/13/2011

Applicant failed to mitigate the security concern that arises from her outstanding delinquent debts. Clearance is denied. CASE NO: 10-08495.h1


Financial

12/12/2011

Applicant incurred financial problems when he and his wife separated. He is resolving his debts. Since his separation, he has not incurred additional unpaid debt, and he has lived within his monthly income. He lives frugally. He has sufficient income each month to pay his bills. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-08517.h1


Personal Conduct; Handling Protected Information

12/12/2011

Applicant negligently failed to return two blank classified photo cards to a secure box. By so doing, she violated company rules. She also negligently violated several other minor company rules. She has mitigated the Government's security concerns under Guidelines K and E. Clearance is granted. CASE NO: 10-07070.h1 DATE: 12/12/2011


Personal Conduct

12/05/2011

Applicant mitigated the security concern caused by his deliberate falsification of employment and security forms when he corrected the falsification during an interview without being confronted with facts pertaining to the falsification. Clearance is granted. CASE NO: 10-08213.h1 DATE: 12/05/2011


Financial, Drugs

11/30/2011

Applicant defaulted on his mortgage and home equity loan in 2010. His property has sold and the mortgage lender has forgiven his debts. He used methamphetamines three times in 2009. He has signed a letter of intent not to use any drugs in the future. He has mitigated the Government's security concerns under Guidelines H and F. Clearance is granted. CASE NO: 10-10266.h1 DATE: 11/30/2011


Financial

11/30/2011

Applicant's financial problems were caused by an extended period of unemployment that began in August 2006. He has worked continuously for defense contractors in combat areas since July 2007. Applicant has satisfied most of his delinquent debt, and he has taken reasonable steps to assure that he and his wife will once again be able to live a financially responsible lifestyle. Clearance is granted. CASE NO: 10-09038.h1 DATE: 11/30/2011


Alcohol Consumption, Drug Involvement, Personal Conduct, Criminal

11/28/2011

Applicant began abusing alcohol in the mid-2000s, about the same time he started to experience marital problems. He also occasionally used cocaine, using it about five times between the 1980s and 2007. During much of that time, he was maintaining a security clearance. Applicant has since quit using alcohol and cocaine. However, his use of cocaine while maintaining a security clearance remains a valid security concern because he has yet to be drug-free for five years, the average period that previously would lapse between his sporadic uses of that drug. Drug Involvement, Personal Conduct, and Criminal Activity security concerns related to such drug use remain unmitigated. Clearance denied. CASE NO: 09-06824.h1


Financial

11/21/2011

Applicant incurred financial problems following two job lay offs in 2007. She has resolved several of her past debts and all, but one, SOR debt. She is working with this creditor and has a plan to resolve the debt. She has sufficient income each month to pay her bills. She has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-09690.h1 DATE: 11/21/2011


Financial; Personal Conduct; Criminal Conduct

11/21/2011

Applicant has a history of criminal offenses which includes a suspended sentence of confinement at hard labor for illegal possession of stolen things in October 2000, that resulted in his physical confinement from September 2003 until August 2004. He has numerous delinquent debts he only relatively recently began to resolve. Applicant was aware his wife omitted his criminal history in the security clearance application she filled out on his behalf and with his input in August 2009. Clearance is denied. CASE NO: 10-00094.h1 DATE: 11/21/2011


Financial

11/15/2011

Applicant's financial problems were the result of an economic downturn that caused his commission based salary to suddenly and dramatically decrease. With the assistance of his father, Applicant has now satisfied all his delinquent debt and resumed a financially stable lifestyle. Clearance is granted. CASE NO: 10-03884.h1 DATE: 11/15/2011


Criminal Conduct; Alcohol; Financial

11/15/2011

Applicant's financial problems are long-standing and unresolved. He failed to mitigate the financial considerations security concern. Clearance is denied. CASE NO: 10-03245.h1 DATE: 11/15/2011


Criminal Conduct, Alcohol

11/04/2011

Between 1998 and 2008, the police arrested Applicant nine times for alcohol- related incidents, including driving under the influence (DUI). He enrolled in three court- ordered alcohol education and treatment programs, the last in 2009. He continues to consume a significant amount of alcohol weekly, which could lead to another alcohol- related arrest. He has not mitigated the government's security concerns about his alcohol consumption and criminal conduct under Guidelines G and J. Clearance is denied. CASE NO: 09-06757.h1 DATE: 11/04/2011


Financial Considerations

10/24/2011

Applicant incurred significant unpaid debt after a work injury. He pays his current living expenses, but he has not yet resolved his past unpaid debts. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-05648.h1 DATE: 10/24/2011


Financial

10/11/2011

As noted in my original decision, Applicant's financial problems are continuing and unlikely to be resolved in the foreseeable future. Clearance is again denied. CASE NO: 10-04405.h1 DATE: 10/11/2011


Financial

10/04/2011

Applicant incurred financial problems after investing in the real estate market in 2006. When the economy declined, his real estate investments declined, his rental income declined, and his expenses increased. He attempted to sell his rental properties, but could not, and the mortgage company foreclosed. The mortgage company denies he owes any money on the one charged off debt listed in the SOR. He lives within his financial means and has savings. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-02492.h1 DATE: 10/04/2011


Financial

09/23/2011

Applicant failed to mitigate the security concern caused by delinquent debt that has been placed for collection and that resulted in a judgment being entered against her. Clearance is denied. ` CASE NO: 10-09072.h1 DATE: 09/23/2011


Foreign Influence

09/22/2011

Applicant failed to overcome the foreign influence security concern that arises from her familial relationships in Iran. Clearance is denied. CASE NO: 10-05278.h1 DATE: 09/22/2011


Financial

09/16/2011

Applicant incurred financial problems when he and his wife over invested in the real estate market between 2004 and 2007. When the economy declined, his income declined. During this time, he accumulated significant debts, which he is unable to pay. He is proceeding with bankruptcy. He has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-10083.h1 DATE: 09/16/2011


Financial

09/06/2011

Applicant is a 46-year-old employee of a federal contractor. The evidence shows Applicant has a history of recurring financial problems or difficulties consisting of: (1) a 1996 Chapter 7 bankruptcy case resulting in discharge; (2) a 2005 Chapter 7 bankruptcy case resulting in discharge; and (3) 12 delinquent debts for about $18,000 in total, which are currently unresolved. Applicant failed to present sufficient evidence to overcome the security concerns. Clearance is denied. CASE NO: 10-08508.h1


Financial

09/06/2011

Except for having his wages garnished to satisfy two delinquent creditors, Applicant has done nothing to resolve the almost $45,000 in delinquent debt listed in his credit reports. Clearance is denied. CASE NO: 10-08359.h1 DATE: 09/06/2011


Drugs

08/31/2011

Applicant failed to mitigate the security concerns caused by his long-term abuse of a variety of controlled substances. Clearance is denied. CASE NO: 10-09678.h1 DATE: 08/31/2011


Drug Involvement

08/22/2011

Applicant sporadically smoked marijuana at the home of his brother and a friend and on backpacking trips for over 25 years. Although he stopped his marijuana use and has signed a statement of intent not to use illegal drugs in the future and agreed to the automatic revocation of his security clearance if he does, he has not mitigated the security concerns raised by his long-time use. Clearance is denied. CASE NO: 10-07312.h1 DATE: 08/22/2011


Financial

08/22/2011

Applicant's financial problems began in 2005 when his employer laid him off, and he and his wife decided to purchase a recreational vehicle with his severance pay and drive east. He miscalculated the cost of the trip and his ability to find stable employment. After six months, he returned the RV to the bank and returned home. Since 2006, he has slowly worked to reduce his debts, despite underemployment, unemployment, and a divorce. He has paid a number of his debts, including SOR debts, and is paying two debts pursuant to a payment plan. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-06465.h1 DATE: 08/22/2011


Criminal

07/22/2011

Applicant was charged with murdering his brother-in-law in 1982. He was convicted of voluntary manslaughter in October 1983, and he was sentenced to serve 15 years confinement. He was released from confinement in 1990. He had an illustrious career as an Air Force fighter pilot before his conviction. He earned his doctoral degree while confined in a work release setting, and he has been employed in highly responsible public service positions since he was released from confinement. Applicant mitigated the security concern that arises from his criminal conduct. Clearance is granted. CASE NO: 09-03690.h1 DATE: 07/22/2011


Alcohol

07/21/2011

Applicant began drinking alcohol in college. In 1998, 2006 and 2009, he was arrested and charged with driving under the influence of alcohol. In 2005, Applicant stated that he no longer drove after drinking alcohol. Applicant has not been diagnosed as an alcohol abuser or as alcohol dependent. He continues to drink alcohol. Applicant failed to mitigate security concerns arising from his alcohol consumption. Clearance is denied. CASE NO: 10-07625.h1


Criminal; Financial; Personal Conduct

07/05/2011

Applicant's criminal conduct, financial problems, and the incorrect answers he provided in a security clearance application are all the result of a frequently tumultuous marriage. Applicant and his wife testified they have each sought counseling, resolved their differences, made a 25-year marriage vow renewal, and put their marital problems behind them. Clearance is granted. CASE NO: 10-02915.h1 DATE: 07/05/2011


Financial Considerations, Personal Conduct

06/29/2011

Applicant's debt problems occurred when he attended school and his wife stopped working due to illness. As his income increased in his new career, he worked towards a resolution of his debts. While he has not paid all his debts, he has a track record on debt resolution and will continue to resolve his debts. He did not intentionally falsify his answers to his e-QIP and his past minor criminal conduct is not a security concern. Applicant has mitigated the security concerns regarding his finances and his personal conduct. Clearance is granted. CASE NO:10-00444.h1 DATE: 06/29/2011


Financial; Alcohol

06/24/2011

Applicant committed three alcohol-related driving offenses between 1998 and 2007. He has not satisfied any of the delinquent debts alleged in the Statement of Reasons. Applicant failed to mitigate the security concerns that exist due to alcohol consumption that has resulted in multiple arrests and convictions and his ongoing financial problems. Clearance is denied. CASE NO: 09-06037.h1 DATE: 06/24/2011


Personal Conduct

06/24/2011

On February 5, 1998, Applicant, an Army staff sergeant, was sentenced to be discharged with a Bad Conduct Discharge. He was convicted of several charges based on him having sexual relations with two female recruits under his command. Applicant's overall conduct and reputation, both before and after those offenses, is exemplary. Clearance is granted. CASE NO: 07-01097.h1 DATE: 06/24/2011


Financial; Personal Conduct

06/17/2011

Applicant either satisfied or made substantial efforts to otherwise resolve all her delinquent debts. The deliberate falsifications she provided during the course of a security clearance investigation that took place in 2000-01 have been mitigated by the passage of time and her disassociation from the people with whom she used marijuana. Clearance is granted. CASE NO: 09-08353.h1 DATE: 06/17/2011


Sexual Conduct, Criminal Conduct,

05/31/2011

In 2007, Applicant pled guilty to a second degree felony for sexual assault on a child between 14 and 17. The court placed him on probation for eight years, ending in January 2015. He complies with the terms of his probation. His conduct showed poor judgment. He has not mitigated the Government's security concerns under Guidelines D and J. CASE NO: 08-09539.h1 DATE: 05/31/2011


Financial, Criminal Conduct

05/26/2011

Applicant has not paid, resolved or challenged his past due debts, which he states are not his. Applicant's criminal conduct occurred in 2002, and since his old conduct is not a pattern of conduct, it is not a security concern. His 2008 traffic ticket and the subsequent failure to appear warrant is a one-time incident, which does not raise a security concern. Applicant has not mitigated the Government's security concerns regarding his finances, but he has mitigated the security concerns about his criminal conduct. Clearance is denied. CASE NO: 10-02715.h1 DATE: 05/26/2011


Financial

05/20/2011

Applicant failed to file her federal income tax returns for 10 years and her state income tax returns for six years. The Internal Revenue Service filed a tax lien and garnished her salary to collect her taxes for five years, and the state filed a tax lien and garnishment for three years of unpaid taxes. Both liens have been released, and Applicant has filed her tax returns for all but one year. She paid her remaining state taxes, but did not provide proof that she paid her remaining federal taxes owed. She cannot explain her conduct. She has not mitigated the Government's security concerns under Guidelines F and E. Clearance is denied. CASE NO: 10-02903.h1 DATE: 05/20/2011


Financial

05/20/2011

Applicant incurred financial problems several years ago during a time when she did not work steadily. She contacted the creditors, resolved two small bills, and established two other debts are resolved. Her remaining debts are no longer on her credit reports, and the creditors are not responding to her letters asking for debt information or providing information when she calls. She has resolved her past-due debts. She has mitigated the Government's trustworthiness concerns under Guideline F. A trustworthiness determination is granted. CASE NO: 09-07518.h1 DATE: 05/20/2011


Financial Considerations, Personal Conduct

05/19/2011

Applicant's debt problems resulted from real estate investments that were adversely impacted by the economic downturn in 2008. He took actions to resolve his financial issues based on the advice of a financial advisor and the mortgage lender. He worked with the mortgage lender and has resolved the SOR debts. He pays his monthly expenses, and his finances are sound. His use of cocaine in 1998 and his arrests in 1998 and 2004 for driving while intoxicated do not present a security concern as he changed his behavior and attitude about both. Applicant has mitigated the security concerns regarding his finances and his personal conduct. Clearance is granted. CASE NO: 10-01162.h1 DATE: 05/19/2011


Financial

05/16/2011

Applicant incurred financial problems when the economy declined. His income from real estate sales evaporated, and his tenants moved from his rental property. He could not rent the property or sell it. The mortgagee foreclosed and sold the property after redeeming it. Under state law, the mortgagee cannot seek a deficiency judgment against him. His debts are resolved. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-00723.h1 DATE: 05/16/2011


Financial, Personal Conduct

05/10/2011

Applicant experienced financial problems when he was laid off from a contract job in 2008. He found other employment paying $20,000 less than his prior job. Although his wife's income began to increase, they struggled to pay their bills. When they decided to move west, they allowed their house to go to foreclosure. After moving, they did not work for a short while, causing them to fall behind in their bills. He has not paid any of his past- due debts. Applicant did not intentionally falsify his answers on his SF-85P regarding his overdue debts. Applicant has mitigated the trustworthiness concerns regarding his personal conduct under Guideline E, but he has not mitigated the trustworthiness concerns about his finances under Guideline F. Public trust position denied. CASE NO: 10-05816.h1 DATE: 05/10/2011


Foreign Preference; Foreign Influence

04/29/2011

Applicant, who was born and raised in the United States, actively sought dual citizenship with Poland in 2006 after marrying her husband, who is a Polish citizen and resident. She lived and worked in Poland for four years after her 2006 marriage. She declined to renounce her Polish citizenship. Her husband and mother-in-law are Polish citizens, who reside in Poland. She has mitigated the security concerns about her foreign influence, but she has not mitigated the security concerns about her foreign preference. Her security clearance is denied. CASE NO: 10-05973.h1 DATE: 04/29/2011


Financial, Personal Conduct

04/29/2011

Applicant experienced financial problems after she left her job in 2007 because of severe stress. She found other employment paying one-third less than her job in 2007 paid. As a result of her lost income, she fell behind on her bills. She has been unable to pay her past debts, although she pays her current debts and manages her limited income. She is preparing to file for bankruptcy as she is unable to pay her overdue debts. Applicant did not intentionally falsify her answers on her SF-85P regarding her overdue debts. Applicant has mitigated the trustworthiness concerns regarding her personal conduct under Guideline E, but she has not mitigated the trustworthiness concerns about her finances under Guideline F. Her trustworthiness determination is denied. CASE NO: 10-04781 DATE: 04/29/2011


Foreign Preference; Foreign Influence; Personal Conduct

04/26/2011

Applicant and his immediate family members had dual citizenship with the United States and Jordan. He renounced his Jordanian citizenship and gave his Jordanian passport to his facility security officer. He now travels on his U.S. passport. His wife, parents, one sister, and in-laws are dual U.S.-Jordanian citizens who reside in the United States. One sister lives and works in Jordan with her husband and family. He has many cousins, aunts, and uncles in Jordan with whom he has limited contact. Balancing his relationship with his Jordanian family members and the favorable relationship between Jordan and the United States, the efforts of the Jordanian government to limit terrorist activities in Jordan, he has mitigated the security concerns about his foreign influence and foreign preference. He did not intentionally falsify his e-QIP or his answers to interrogatories. His security clearance is granted. CASE NO: 09-08736.h1 DATE: 04/26/2011


Foreign Preference; Foreign Influence

04/21/2011

Applicant had dual citizenship with the United States and Colombia. He renounced his Colombian citizenship and destroyed his Colombian passport. He now travels on his United States passport. His wife is a permanent resident, living with him in the United States. His young son is a U.S. citizen living in the United States. His parents, sisters, extended family, three close friends, and in-laws are citizens and residents of Colombia. Balancing his relationship with his Colombian family members and the favorable relationship between Colombia and the United States and the limited terrorist activities in Colombia, he has mitigated the security concerns about his foreign influence and foreign preference. Eligibility for a security clearance is granted. CASE NO: 09-04308.h1 DATE: 04/21/2011


Financial

04/15/2011

Applicant failed to mitigate the security concern that arises from his outstanding delinquent debts. Clearance is denied. CASE NO: 10-04180.h1 DATE: 04/15/2011


Financial, Personal Conduct

04/15/2011

Applicant incurred financial problems because of her lifestyle as a young person and in later years because of underemployment, no child support, and occasional unemployment. In the last three years, she has taken control of her monthly expenses and lives within her monthly income. She, however, lacks the financial resources to resolve her old, unpaid debts. She did not intentionally falsify her answers on her SF 85P. She has mitigated the Government's security concerns about her past criminal conduct. She has mitigated the trustworthiness concerns under Guideline E, but she has not mitigated the trustworthiness concerns under Guideline F. Access to sensitive information is denied. CASE NO: 09-06925.h1 DATE: 04/15/2011


Finances, Personal Conduct

04/06/2011

Applicant moved abroad with his family in 2004 on a work assignment. He failed to timely file federal taxes for tax years 2004 through 2007. In April 2009, he found someone to help him complete his 2008 taxes. He eventually mailed completed tax filings for tax years 2004 through 2007 in December 2009. Applicant admitted he procrastinated in completing the filings while living abroad. Applicant failed to provide sufficient evidence to mitigate financial considerations security concerns. Clearance denied. CASE NO: 09-08301.h1


Foreign Influence

04/05/2011

Applicant mitigated the foreign influence concern that existed due to her family ties to Jordan. Clearance is granted. CASE NO: 10-03293.h1 DATE: 04/05/2011


Foreign Influence; Foreign Preference

04/05/2011

Applicant mitigated the foreign influence concern that existed due to her family ties to and real estate interest in Venezuela, and the foreign preference concern that existed due to her previous possession of a Venezuelan passport. Clearance is granted. CASE NO: 10-01611.h1 DATE: 04/05/2011


Financial

03/30/2011

Applicant's financial problems arose because of her husband's lost time from work due to ill health and fluctuations in his employment. She paid some old bills, but she has not provided evidence showing that she has resolved or is not responsible for most of the debts listed in the SOR. Applicant has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 08-08059.h1 DATE: 03/30/2011


Criminal Conduct, Personal Conduct

03/25/2011

In 2000 and 2003, the police arrested and charged Applicant with criminal offenses related to marijuana. Applicant pled guilty in each case. The court placed him on probation and fined him. He completed his probation requirements. For the last seven years, he has not been involved with drugs, and he no longer associates with people connected with drugs. Rather, he spends his time with his family, at church, and at work. He mitigated the government's security concerns about his criminal conduct and personal conduct. Clearance is granted. CASE NO: 09-01652.h1 DATE: 03/25/2011


Personal Conduct; Information Technology; Handling Protected Information

03/25/2011

In 2003, Applicant left his employment after approximately 17 months. When he left, he selectively deleted information related to his work product from his employer's computer system. In so doing, he violated company rules and policies regarding its proprietary information. He has not mitigated the Government's security concerns under Guidelines M, K, and E. Clearance is denied. CASE NO: 08-08632.h1 DATE: 03/25/2011


Financial, Personal Conduct

03/21/2011

Applicant's financial problems began during her marriage, when she and her former husband spent money and did not pay their bills. Since her divorce, she pays her monthly expenses. She contacted several credit solving companies, but has not provided proof that she has paid any of the SOR debts or developed a payment plan for her debts. She intentionally falsified her answers on her security clearance application. Applicant has not mitigated the government's security concerns under Guidelines F and E. Clearance is denied. CASE NO: 09-05153.h1 DATE: 03/21/2011


Criminal Conduct, Personal Conduct

03/21/2011

Between 2000 and 2003, the police arrested and charged Applicant with criminal offenses related to drugs and alcohol. Applicant pled guilty in one case and the court dismissed the remaining cases. For more than seven years, he has not been involved with the police and he no longer associates with his friends from the past. Rather, he spends his time at work, with new friends, and with his son. Applicant did not list a current or pending court proceeding when he completed his SF-86. He did not intentionally falsify his answers on his security clearance application as his denial is based on his personal belief. He has mitigated the government's security concerns about his criminal conduct and personal conduct. Clearance is granted. CASE NO: 08-09004.h1 DATE: 03/21/2011


Financial

03/18/2011

Applicant failed to mitigate the security concern that arises from her delinquent debts, including three that remain unsatisfied. Clearance is denied. CASE NO: 10-07203.h1 DATE: 03/18/2011


Foreign Influence; Foreign Preference; Personal Conduct

03/14/2011

Applicant failed to overcome the foreign influence and foreign preference security concerns that arise from his parent's residency in Thailand, his frequent travels to that country, and his use and retention of a Thai passport. He also failed to disclose his possession of a Thai passport and travel to Thailand in a questionnaire for sensitive positions he submitted in February 2009. Clearance is denied. CASE NO: 09-04933.h1 DATE: 03/14/2011


Foreign Influence; Foreign Preference

03/11/2011

Applicant failed to overcome the foreign influence security concern that arises from his close relationship with his mother-in-law who resides part-time in Iran. Clearance is denied. CASE NO: 10-00272.h1 DATE: 03/11/2011


Financial

03/07/2011

Applicant purchased a house in anticipation of an employment transfer to a different state. When his employer cancelled the transfer, Applicant was unable to continue the mortgage payments on the house which eventually led to a foreclosure. He has otherwise led a financially responsible lifestyle and his delinquent mortgage debts have now been resolved. Clearance is granted. CASE NO: 10-03031.h1 DATE: 03/07/2011


Financial

02/28/2011

Applicant incurred significant financial problems following the failure of his real estate investments during the economic downturn in 2008. Although the bank and mortgages companies foreclosed on several of his properties, he has resolved his unpaid mortgage debts on these properties. Three years after retiring, he returned to work to increase his income and pay the remaining bills incurred from his real estate investments. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-08341.h1 DATE: 02/28/2011


Foreign Preference

02/25/2011

Applicant, a naturalized U.S. citizen since 1993, failed to mitigate the security concern caused by his possession and use of a foreign passport. Clearance is denied. CASE NO: 10-04363.h1 DATE: 02/25/2011


Drug Involvement, Personal Conduct

02/25/2011

While holding a security clearance, Applicant used marijuana from 2003 to 2008 and misused prescription drugs in 2005. While on assignment in the Middle East as a civilian contractor, he illegally purchased two AK-47s in 2004. Additionally, his application for access to Sensitive Compartmented Information with another government agency was disapproved when his past drug use and illegal purchase of firearms came to light. Lastly, Applicant falsified his DoD security clearance applications in December 2003, November 2006, and February 2009 by failing to disclose his past drug use and drug use while holding a security clearance. Clearance is denied.


Financial

02/16/2011

Applicant incurred financial problems when he sustained injuries in two separate accidents and lacked income or health insurance to pay his medical bills, and when he was unemployed. With little or no income, he could not pay his debts. He filed for Chapter 7 bankruptcy, and the bankruptcy court discharged his debts in October 2010. Applicant mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 09-05316.h1


Financial, Personal Conduct

02/08/2011

Applicant experienced financial problems during his transition from the Army to the civilian work force in 2004. He obtained gainful employment, which required him to work overseas. In 2005, he resolved debt problems he knew existed. He did not learn he had additional debts until 2009. Since that time, he has paid most of his debts or attempted to resolve these debts. Applicant did not intentionally falsify his answers on his SF-86 regarding his overdue debts. Applicant has mitigated the Government's security concerns regarding his personal conduct under Guideline E and his finances under Guideline F. Clearance is granted. CASE NO: 09-05539.h1 DATE: 02/08/2011


Financial

01/31/2011

Applicant's financial problems began when broke his leg and later his wrist and doctor's offices failed to submit his children's medical bills for payment under the State medicaid program. He did not have medical insurance to pay for his treatment or their bills. He has resolved through payment or a payment plan more than two-thirds of the debts listed in the SOR. He legitimately challenged eight SOR debts. He manages his income and expenses. He has mitigated the Government's security concerns under Guideline F. Clearance is granted. CASE NO: 10-00055.h1 DATE: 01/31/2011


Financial

01/31/2011

Applicant and his wife decided to purchase and rent property. When the economic decline occurred and business hotel chains built in his area, they were unable to rent their properties. As a result, he incurred significant financial problems. He has resolved some of his debts, but he still has significant unpaid debts. Based on his income, he has not explained why he cannot resolve these debts. He has not mitigated the security concerns under Guideline F. Clearance is denied. CASE NO: 08-09592.h1 DATE: 01/31/2011


Financial

01/14/2011

Applicant incurred financial problems as a young person. In the last three years, she has taken control of her monthly expenses and lives within her monthly income. She and her husband recently filed a Chapter 13 bankruptcy petition and are in compliance with the payment plan developed. She has resolved a majority of her debts. She did not intentionally falsify her answers on her SF 85P. She has mitigated the trustworthiness concerns under Guidelines F and E. Access to sensitive information is granted. CASE NO: 09-04861.h1 DATE: 01/14/2011


Foreign Influence

01/11/2011

Applicant, who was born and raised in the Kurdistan, Northern Iraq, works as a linguist for a defense contractor. He is a United States citizen, as is his wife and three children. They all reside in the United States. His parents, three brothers, three sisters, and mother-in-law are citizens of and reside in Northern Iraq. He visited his family members in 2000 and again in 2004. His family members are not involved in politics. Applicant maintains a normal relationship with his family members. He has mitigated the security concerns about his foreign influence. Eligibility for a security clearance is granted. CASE NO: 09-07199.h1 DATE: 01/11/2011


Financial

12/30/2011

Applicant incurred financial problems when she lost her job twice and as a result of her divorce in 2010. Her debts remain unresolved. She has not mitigated the Government's security concerns under Guideline F. Clearance is denied. CASE NO: 10-08613.h1 DATE:12/30/2011


Alcohol; Personal Conduct; Financial

11/30/2011

Applicant committed multiple alcohol-related driving offenses between 1994 and 2004, and admitted during a June 2010 interview that he drank to the point of intoxication about once a month. The only delinquent debt listed in the Statement of Reasons (SOR) that is being satisfied is through a garnishment of his wages. Applicant knowingly falsified the security clearance application he submitted in May 2010. Clearance is denied. CASE NO: 10-09281.h1 DATE:11/30/2011


Financial

11/21/2011

Applicant obtained a Chapter 7 bankruptcy discharge in April 2004 as a consequence of a divorce. He thereafter accumulated additional delinquent debts, largely as the result of a second divorce. Applicant has satisfied or successfully disputed a number of his delinquent debts. He credibly attributes his remaining delinquent debt to his second divorce. He established that he is currently living a financially responsible lifestyle. Clearance is granted. CASE NO: 10-02135.h1 DATE:11/21/2011


Drugs; Criminal Conduct

12/08/2011

While involved in the music industry after college, Applicant used multiple illegal drugs until the early 2000s. He continued to use marijuana and cocaine with lesser frequency until mid-2008. He was also involved in a criminal matter that resulted in a nolle prosequi in 2007. In June 2008, he decided to turn his life around. He quit all drugs, moved to a new city, changed his lifestyle, found new friends, excelled in his studies, completed multiple graduate degrees, was retained as a professor, and is now the recipient of a prestigious scholarship. There is no indication he will jeopardize his present success with future involvement in criminal activity. Applicant mitigated drug involvement and criminal conduct security concerns. Clearance is granted. CASE NO: 10-09123.h1


Financial

12/07/2011

After a 2003 bankruptcy discharge of previous debt, Applicant accumulated 24 delinquent debts amounting to about $45,000. She has paid one debt for $80, made a few nominal payments on other debts, and, on the day of the hearing, she entered into a repayment plan encompassing six of those debts on which payments were to begin in the future. Despite these efforts and financial counseling, Applicant failed to provide documentary evidence showing that she has successfully implemented a workable plan to address her delinquent debt. Financial considerations security concerns remain unmitigated. Clearance is denied. CASE NO: 11-00970.h1


Personal Conduct; Financial

12/07/2011

Applicant, who now takes an ADHD medication, was dismissed from a job for behavioral issues. He failed to disclose on his 2009 security clearance application that he had tried marijuana in 2007, but later divulged that information on his own volition. Currently generating a negative net monthly remainder, Applicant has had difficulty in reestablishing regular payments on his student loans. While he is poised to start a plan to meet that goal, it has yet to be implemented. Although Applicant mitigated personal conduct security concerns, financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 10-06493.h1


Financial

12/06/2011

Applicant acquired about $65,000 in delinquent debt in the early 2000s, after her husband incurred some business-related debt, then required two surgeries for a congenital bone disease. Although she found a new job, her income was not sufficient to cover her family's expenses. Her husband later returned to work and they now have a significant monthly net remainder. However, only one small debt has been paid, and there has been no follow-up to a large debt disputed in 2008. Applicant failed to meet her burden in mitigating financial considerations trustworthiness concerns. Eligibility for a public trust position is denied. CASE NO: 10-09053.h1


Financial

12/06/2011

Applicant experienced a protracted period of unemployment between 2007 and 2008. Otherwise, he has been regularly employed over the past decade in positions that failed to generate sufficient income to meet his expenses. He withdrew his request for a hearing and requested an administrative determination in the hopes of addressing his financial situation, and later reapplying for a security clearance when he is financially stable. Financial considerations security concerns remain unmitigated. Clearance denied. CASE NO: 10-04071.h1


Personal Conduct, Foreign Influence

11/30/2011

Applicant is a naturalized U.S. citizen with family contacts who are residents and citizens of Lebanon. He was denied a security clearance after a prior DOHA administrative judge decision in 2006. In 2009, he disclosed this denial on a security clearance application, then later told an interviewer that he had never been denied a security clearance. He adopted the interviewer's summary in 2010 without objection or correction, then reaffirmed his original disclosure. In response to the 2011 SOR, he denied he was given an opportunity to review or object to the contents of the interviewers summation. While Applicant mitigated foreign influence security concerns, personal conduct and whole- person security concerns remain unmitigated with regard to his answers during the investigative process. Clearance denied. CASE NO: 08-06180.h1


Financial; Personal Conduct

06/29/2011

Following an amicable divorce and the administrative dissolution of one of his companies between 2007 and 2008, Applicant began to have difficulty meeting his obligations. While he has negotiated to settle two delinquent mortgage accounts, he is currently delinquent on a third mortgage and has over $77,000 in credit card debt that remains unaddressed. He failed to present a plan to address this debt, and he only has a net monthly remainder of about $164. Applicant also failed to file federal personal and business taxes for several years in the past decade. However, he mitigated personal conduct security concerns regard